By Abiodun
I was shocked to read from my learning colleague on his position condemning the media parade of Seun Kuti by the Nigeria Police Force citing court’s declarations on the purported illegality of the Nigeria Police Force to parade a suspect.
It must be stated that the act of media parade has always been a subject of controversy where the legal community has a different opinion and it is trite in law that emotions and sentiment have no apartment on the interpretation of law.
It would be understandable if those who are not used to the legal concepts are hanging their opinions on their customary thinking, but a legal opinion must be based on law, not sentiment.
The writer and my learning friend, Mr. Mustapha Toheeb a final year student of the Faculty of Law, Bayero University, Kano had asserted that while the Police believes it is within its power under the Nigeria Police Act 2020, to parade suspects before the media with a view to protecting lives and property, prevent, detect, and prosecute crimes, that the newly enacted Lagos State Criminal Justice Law, 2021, which adopted the provisions of the Administration of Criminal Justice Act 2015 (ACJA), specifically outlaws parading of suspects before the media.
The question that came to my mind is whether the state government and its legislature can make laws to regulate the activities of the Nigeria Police Force. The answer is NO.
Section 214 of the 1999 Constitution as amended provides that there shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof and shall be organised and administered in accordance with such provisions as may be prescribed by an act of the National Assembly.
Furthermore, Section 4 of the same constitution provides that the legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation, which shall consist of a Senate and a House of Representatives and shall have the power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to the Constitution.
Item 45 of the Exclusive List provides for Police and other government security services established by law. Its elementary principle of law that, the explicit mention of one (thing) is the exclusion of another.
In AG Federation v. AG Lagos State (2013) LPELR-20974(SC), Supreme Court Per Muhammed JSC clearly established that apart from the National Assembly, no other legislative assembly whether of state or Local Government (if any) can legally and effectively legislate on any matter listed under the Exclusive Legislative List. As for the Concurrent Legislative List, it is clear that both the National and State Assemblies can competently legislate on a matter concurrently having at the back of the legislators’ minds, the operation of the doctrine of covering the field.
No single provision is contained in the entire Administration of Criminal Justice Act 2015 enacted by the National Assembly that prohibits Security agencies including the Police from parading suspects.
The reference made to Lagos State Criminal Justice Law, 2021, which adopted the provisions of the Administration of Criminal Justice Act 2015 (ACJA), purportedly outlawing parading of suspects before the media is unlawful because the State Assembly lacks the capacity to extend the law made by the national assembly that is not on the concurrent list as doing so would amount to an ultra vires action.
The Court in Ekanem & Ors v. Obu (2010) LPELR-4084(CA) Per NGWUTA ,J.C.A explained that “Ultra vires” as an act that is invalid since it has been done in excess of the authority conferred by law, in excess of powers, and such an act cannot be ratified in any situation and is not enforceable.
No law conferred any power on the State Assembly to legislate on the item listed on the exclusive list in which Police are involved and any purported provision contained in the Lagos State Criminal Law 2021 to regulate the activities of the Nigeria Police force is not only null and void but unconstitutional.
The Courts have held in a plethora of cases that an act that is null and void is incapable of binding anyone or giving rise to any rights or obligation under any circumstances. The Nigeria Police Force is empowered by the Nigeria Police Act to parade suspects not only to build public confidence but also to ensure the custodian of law and order because the business of policing cannot be made in secrecy.
Jurisprudencially, one of the ways of testing the validity of laws is to ascertain whether those who made the laws have the power to do so. It will be erroneous to blame the Nigeria Police force for parading suspects like Seun Kuti based on an ultra vires legislation of the Lagos State House of Assembly with no constitutional backup.
Until National Assembly makes a law to prohibit the parading of suspect in Nigeria, the Nigeria Police Force cannot be condemned for exercising their constitutional mandate, as doing so does not in any way constitutes an infringement on fundamental human rights.
The Nigeria Police Force is not in the same class as the Lagos State Neighborhood Watch where the State Criminal Justice Law, 2021 could apply.
I rest my case.
Abiodun is a Final Year Student, Baze University writes from Abuja
