It is Unlawful for the Police to Parade Criminal Suspects Publicly-UMORU THEOPHILUS IKO-OJO ESQ

The Parading of criminal suspects on television and several media platforms have been a constant practice of the Nigerian Police Force over the years. Suspects are not only subjected to varying forms of undignifying treatment ,they are paraded in the most despicable manner possible.

This usual practice of the police was taken further in 2012 during the unfortunate lynching of four innocent men ,ugonna obuzor,Toku Lloyd ,Chiadika Biringa and Tekena Elkanah ,all students of the University of Portharcourt. They were lynched after they were falsely accused of theft in Aluu ,a community in Portharcourt ,Rivers state .More worrisome were the presence of some officers of the Nigerian Police Force who literarily aided ,supported and witnessed such dastard act by the Aluu community.

Also recently in Abeoukuta ,Ogunstate the Police paraded a two month old toddler ,her mother and 15year old brother for the allegation of theft committed by her father.

The Nigerian Courts have repeatedly cautioned Law enforcement agencies ,especially the police to desist from parading criminal suspects before the media or and in public and despite such warnings the Police have failed to heed to the countless court orders in this direction .What is even more intriguing is the fact that almost all suspect paraded by the Police are poor criminal suspects who were alleged or accused of stealing handset or properties less than N10,000 .Suspects from the ruling class in Nigeria who are alleged to have laundered Billions of Naira are never paraded .In view of the above it as become apt and necessary to examine the legal position as it concerns this practice.

LEGAL POSITION.
Section 36 of the Constitution of the Federal Republic of Nigeria 1999,embodies the Presumption of Innocence Clause which enures in favour of the accused or suspect in any case .This provision also avails the accused every right to be fairly heard by a competent court of law and even avails him necessary time and space to prepare for his defence.

Article 7 of the African Charter On Human & Peoples Right Act ,also imparimateria with the provsions of Article 1 of the UN Charter of 1948 (which Nigeria is signatory to)also embodies the Presumption of Innocence Clause.

Section 34 of the Nigeria Constitution also avails every person his or her Right to Dignity of Human Persons ,that is, No person MUST be subjected to any degrading or inhuman treatment by virtue of being human.In Ndukwem Chiziri Nice Vs AG Federation & Anor(2007) CHR 218 at 232 ,the court criticized the act of parading the suspect(s)before the Press , despite the fact that he had not been found guilty by any court of law.

Yet.....

Inspite of the extant laws ,the Police have continually paid deaf ears and have continued their unlawfully, uncultured and barbaric act of parading criminal suspects .The Police have also engaged in extra judicial killings of innocent Nigerians and bringing "fictitious" charges against other Nigerians all in the guise of "doing their job".

It is high time for the Nigerian Police to be overhauled and taught the basics of how to respect the rights of the Nigerian masses.It is high time for the National Assembly to therefore stand up and criminalize the parade of suspects by the Police and punish any erring officer who fails to respect the extant laws prohibiting same.Suspects who have been once paraded by the Police whether found guilty or not at the end of the day can still enforce the infringment of their fundermental human right to dignity and fair hearing .