Matters Arising: Functions and Powers of the Police to Provide Security During Elections

Police

The Rivers State Police Public relations Officer (PPRO) SP Grace Iringe-Koko announced that the Rivers State Police will not provide security during the Local Government Elections slated for 5th October, 2024.

The Spokesperson said the Rivers State Command was obeying a Federal High Court Ruling that stopped the Police from providing security in the Local Government Elections. 

The Nigerian Bar association argued that it is unconstitutional for the Police Force not to provide security during elections or work with Electoral Commission. The police has a responsibility to ensure peace and security during elections and this function cannot be stopped by the court.

The STANDARD OPERATIONAL GUIDELINES/RULES FOR POLICE OFFICERS ON ELECTION DUTY provides for the Mandate of the Nigerian Police in securing the Electoral Processes and they include:

a) Ensuring the safety and security of all persons and properties that will be involved, before, during and after the voting exercise without bias; 

b) Strict enforcement of the Constitution of the Federal Republic of Nigeria, the Criminal/Penal Code as well as Electoral Laws; and

c) Traffic and crowd management at venues of Political Parties’ conventions / congresses, campaigns / rallies and other activities relating to the elections.

Legal Implications

Section 4 of the Police Act, 2020, provides for the primary function of the Police Force. It specifies that the police has the primary function to prevent and detect crime and protect the rights and freedom of every citizen in Nigeria. They are also tasked with maintaining public safety, law and order as well as protecting the lives and property if all Nigerian Citizens.

The above provision is clear as it is the constitutional duty and prerogative of the police to protect lives and property in Nigeria and the period of election is not an exception. They are to work with the Electoral Commission of a state and provide security during elections.

Pros and Cons

Pros

The Nigerian Bar Association which is the umbrella body of Lawyers in Nigeria, maintained that the Police Force must ensure security and protection of loves during the election which is in line with the constitution. This shows that whenever there’s a quagmire in our laws or an issue there must be people who are ready to correct it and ensure peace stability reigns.

Cons

The popular saying that “The police is your friend” may be a mere puff or even a facade.

It’s as though lawlessness is becoming the order of the day in a democracy like Nigeria. It is absurd and strange for a court to give a ruling that the Police Force should not provide security during a Local Government Election. This may make the common man wonder if truly his life and property is really safe and secure in the hands of the police force or if he can run to the police if his life is in danger.

VeryDarkMan’s Allegations about Bobrisky; Right to Privacy and Allegations against the EFCC

On the 23rd of September, 2024, Verydarkman (Martins Otse) shared a recording that was alleged to be the voice of Bobrisky (Idris). In the recording, Bobrisky claimed he paid the sum of N15,000,000 (Fifteen Million Naira) to authorities (EFCC) to drop the charges against him and also make arrangements with the prison officials for a special apartment close to the prison. Verydarkman released the video on Instagram and Facebook claiming that Bobrisky borrowed the money from another person and failed to pay back the money.

Legal Implications

In Nigeria, where an aggrieved party has been owed and needs to recover his money the proper remedy is to approach the court and also get a lawyer to help with debt recovery. An individual who is fighting the right course cannot infringe on a person’s right to privacy by releasing recorded calls without the permission of the recipient of thar call.

By Section 37 of the Constitution of the Federal Republic of Nigeria as Amended, protects the right to private and family life of citizens. This includes the protection of citizens’ homes, correspondence, telephone conversations, and telegraphic communications.

The Cyber Crimes Act also provides offences for wiretapping, cyberstalking etc.

The authorities (EFCC) and the Nigerian Correctional Services, if they are involved in this matter have a lot to answer. It shows that there’s a rot in the system. Where the court finds out that Bobrisky was never in prison, he may be sent back to prison to carry out his sentence.

However Verydarkman is not a debt recovery agency neither does he have the right to infringe on the privacy of another by releasing recorded calls of two individuals without proper consent. It is left for the courts to decide and find out the truth.

Pros and Cons

Pros

The laws are there to protect citizens and where the fundamental right of a citizen is infringed upon the appropriate step is to approach the court. This matter has shown that there is speculation that the rich who are sentenced do not spend their jail time in the prison facility and can influence how and where they would like to serve their sentences.

Cons

The right to privacy in a saner clime is taken seriously. In Nigeria, a social media influencer who comes up with a recording which is illegally gotten is praised but however it is wrong. Privacy is paramount, the right thing to be done is to approach the authorities and report to them and they take the appropriate steps in handling the matter. 

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