BynAbdullateef Bambgose, Abuja
Inspector-General of Police, IGP, Kayode Egbetokun has been accused of violation and abuse of the constitution by a human rights lawyer, Hamza Dantani.
In a press statement made available to journalists in Abuja, Thursday, the legal practitioner slammed Egbetokun over alleged breach of the constitution, saying “There is no other way to say this, but Egbetokun has presented himself as a police officer who does not care about the constitution or the laws of our country. One wonders how he rose to the rank of IGP if he cannot abide by the dictates of the constitution, which is our grundnorm. Never in our history has an IGP constantly abused the laws of the land.”
The human rights lawyer stated these while reacting to the arrest and detention of the Director of Public Prosecutions, DPP, Ikechukwu Nwabueze for allegedly exercising his constitutional duty.
“How will you arrest and detain a state’s DPP because he exercised the constitutional power to enter nolle prosequi? Is this ignorance of the law? Are there no lawyers in the headquarters of the Nigeria Police Force that can properly advise the IGP and save him from this embarrassment? Or is it the case of utter disregard for the constitution?”
“The Director of Public Prosecution of Anambra State is a legal officer in the chambers of the Attorney- General and can act on his authority.
“Section 150(1) and 195(1) of the Constitution created the offices of the Attorney-General of the federation and states, respectively.
“The Attorney-General is the chief law officer of the federation or the state, as the case may be. He represents the state in all legal proceedings and ensures that it is well advised in all legal matters. All the states in the federation have their respective Attorneys-General and the same applies to the federation. The Attorney-General is the head of the Ministry of Justice, the Minister of Justice, or the Commissioner of Justice, as the case may be,” he explained.
In Esokoro v. Govt of Cross River State (1991) 4 NWLR (Pt. 185) 336. The court commented thus:“The Attorney-General is the head of the Ministry of Justice and the government’s chief legal adviser. He is responsible for their actions and inactions.”
In exercising his powers, the attorney-general has been described as a law unto himself. Smith L.J also had this to say:“…the Attorney-General alone has the power to enter a nolle prosequi; and that power is not subject to any control.”
It has never been a crime when the Attorney-General, in exercise of his constitutional powers, enters a nolle prosequi until Egbetokun became IGP.
“The so-called IGP invited the Attorney General of Anambara State for questioning just because he exercised his constitutional powers. Can you imagine that?
“The act of this so-called IGP, to put it simply, is a gross violation of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“It is condemnable and I condemn the act in its totality, and call on the president to relieve him of his duties immediately. He cannot keep thinking he is above the law. If the president does not do the needful, it is going to reflect poorly on his administration, as he is always tarnishing the image of the Nigeria Police Force. At this rate, he is going to end up as a global disgrace to the police.”
He added that “Egbetokun fails to understand that the duty of the police is to protect and serve. He neither protects nor serves. What he does is abuse the law, arrest citizens for exercising their fundamental rights and file frivolous charges against individuals who dare to criticize him.
“Just today, the so-called IGP has also arrested and detained Omoyele Sowore, the tireless and indefatigable human rights activist. Just recently, Sowore led a humanitarian protest asking that retired police officers who have served the country with all their strength be paid their pension. But how did Egbetokun pay him back for such a courageous act? By arresting and detaining him.
“If Nigerians don’t say enough is enough, Egbetokun will end up becoming a tyrant. Today, he is inviting the Attorney-General of Anambra State and detaining human rights activist, tomorrow he is picking people up in their homes for just mentioning his name.
“We cannot go on like this. He must go. He must be reminded just in case he has forgotten that this is a democracy and not his palace.”
