Few weeks ago the former Commissioner of Police in River State who later became the Commissioner of Police in the Federal Capital Territory Abuja, was promoted to the rank of Assistant Inspector General of Police (AIG) perhaps to encourage his supposedly “good work” of taming the “lion” in River State according to his self glorified achievement. However, not too long, the man Mbu Joseph Mbu had come out in another reckless display of macabre dance of shame with less regard to the rule of law. The AIG Mbu was alleged to have invited a reporter with African Independent Television (AIT) for interrogation on the allegation of calling him a controversial officer. It was on record that the reporter honoured the invitation but it turned out to be an arrest of a sort which eventually ended up in detention. In a swift and orchestrated execution of the AIG’s self made law, the reporter was charged, perhaps for criminal defamation found in the law book of the police officer. It would be of public interest if we clarify the different between arrest and invitation by the police.
The black’s law dictionary 9th edition at page 124 defines arrest as seizure or forcible restraint, while unlawful arrest is defined on the same page as the taking of a person into custody either without a valid warrant or without a probable cause to believe that the person has committed a crime. It is also a well known fact that a mere word ‘you are under arrest’ does not constitute arrest neither does a mere invitation to the police station by telephone or by mere statement constitute an arrest. The reporter was merely invited by the police to their station; such ordinarily should not constitute an arrest and subsequently detaining the reporter against the freedom of expression of the press as guarantee by section 39 of the constitution of the federal republic of Nigeria 1999 as amended.
In 1982 the issue of invitation to the police came up and the court made a decisive pronunciation which had led it to rest. In the case of SADIQ v STATE(1982)NCR 142 , the accused was invited to the police station for questioning over an alleged commissioning of an offence , the accused refused to follow the police officer to the station and consequently, other police officer were ordered to go after her and then she honoured the invitation. It was then that they charged her for the offence of resisting arrest but the Court of Appeal held that she was never arrested as there was no restraint and that mere word does not amount to arrest.
THE LAW OF DEFAMATION:
Defamation can be libel or slander and to succeed in an action for defamation, three (3) elements of defamation must be present:–
- That there is publication of the material complained of by the person.
- That the publication refers conclusively to him.
- That the publication is defamatory of the person.
To write or say of a man something that will disparage him in the eyes of a particular section of the community but will not affect his reputation in the eyes of the average right-thinking man is not actionable within the law of defamation. I do not see how a statement that the AIG is controversial which can either be positive or negative constitutes a criminal defamation. In any event, it would have been a civil matter where the AIG should have consulted his lawyer to institute civil action against the reporter instead of throwing him to cell and charge him for crime, to say the least, it amount to radical impunity.
DUTIES OF THE POLICE AS LAW KEEPERS
Section 4 of the police Act specifies the duties of the police and the uncharitable action of the AIG in the instant case is not in the contemplation of that provision. For clarity sake the Act provides:
“The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of this or any other Act”.
FREEDOM OF THE PRESS
Section 39 (1) of the 1999 Constitution of the Federal Republic of Nigeria provides that: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference”.
It therefore behooves the Inspector General of Police to call the officers of the Nigerian police to order less our laws turn to toothless bull dog while Mr Mbu Joseph Mbu should be sanctioned to discourage such lawlessness.
PRE-ELECTION DEPLOYMENT OF JOSEPH MBU TO LAGOS
I do not see anything wrong if the Police formation decided to map out formidable strategies in carrying out their Constitutional duties. It will not also be right to preempt the strategies that the new AIG Zone 2 lagos would adopt in the course of his duties, however, I have a great reservation in the mode and timing of his redeployment considering the period of election which is less than two weeks. In any event, it will serve both the AIG and the IG of police right to bear constantly in mind that the chicken has come home to roast. Lagos is very unique and radically different from River state and Abuja, therefore, the police should exhibit the highest level of professionalism in the bid to carrying out its duties especially during and after the February 14th general election. Again Mbu has just started badly by not following due process at the Lekki toll gate, it is better our leaders especially law maintaining officers to live by example. The arrest and detention of his men for trying to maintain due process in accordance with the law is totally condemnable.
Barr. John Nwokwu writes from Bamidele Aturu’s Chambers, Lagos.