INTRODUCTION

In recent months, the Nigerian Police Force, under the leadership of the Inspector General of Police (IGP), Kayode Egbetokun, has displayed actions in Kano State that raise serious concerns about its impartiality and respect for the rule of law. The conduct of police officers in the state, under the directives of the IGP, has been oppressive, to say the least, uncalled for, and seemingly designed to undermine the current Kano State government led by Governor Abba Kabir Yusuf of the New Nigeria People's Party (NNPP). These adverse developments are alarming in a democratic society where the police are, under the provisions of the Police Act 2020 (as amended), statutorily tasked with maintaining peace and protecting all citizens, irrespective of political affiliations.

POLITICAL BIAS AND OPPRESSION IN KANO STATE

The actions of the Nigerian Police Force in Kano State suggest a troubling pattern of political bias and interference in governance. The IGP Suspected to be using the police force to serve the interests of the All Progressives Congress (APC), the party at the federal level, to the detriment of the NNPP-led Kano State government. This partisan approach is antithetical to the principles of fairness, justice, and neutrality that the police force is meant to uphold. In the case of IGP & Anor v. Agbinone & Ors (2019) LPELR-46431 (CA), the Court of Appeal emphasized the duty of police thus:

“Section 214 of the 1999 Constitution (as amended) provides as follows: 214(1) 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.”

From the wordings of the drafters of the constitution, there shall be a police force for Nigeria, not for the powerful or for a political party, but for Nigeria as a whole. However, from our observations of the actions that the Nigeria police force have taken in Kano state, it appears that it is a police for APC. That is definitely not the intendment of the wise drafters of our constitution.

Going further, the Court of Appeal in the above case, highlighted the duties of the police in section 4 of the Police Act as follows:

“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 regulation with which they are directly charged, and shall perform such military duties within and outside Nigeria as may be required of them by, or under the authority of this or any other Act.”

From the foregoing provisions, the duties of the police include among others the preservation of law and order and the due enforcement of all laws, etc. It is incandescently clear that their duty does not include showing partiality or doing the bidding of any particular political party like they are currently doing in Kano state.

 

INTIMIDATION, HARASSMENT, AND THREAT OF ARREST OF MALAM SANUSI BATURE DAWAKIN-TOFA, THE DIRECTOR GENERAL OF MEDIA AND PUBLIC PUBLICITY TO THE GOVERNOR OF KANO STATE, DESPITE A COURT ORDER

One of the most atrocious examples of police oppression in Kano State is the intimidation, harassment, and threats to arrest the Director General of Media and Public Publicity to the Governor, despite a court order restraining his arrest. The police ignored the court's directive and were harassing and intimidating him for merely carrying out his duties as a spokesperson. Obedience to valid court orders is not only a constitutional imperative but also a cornerstone of our democratic governance. As enshrined in the Constitution and the Police Act, police officers are duty-bound to respect and obey orders of the court. Disobedience to the orders of court is a serious contempt of court, see Anthony v. Surveyor- General Ogun State (2007) All FWLR (pt. 354) 375.

Reinforcing the above, in a recently decided case by the Supreme Court on the importance of obeying Court orders, the apex Court in Adalma Tankers Bunkering Services v CBN [2022] 11 NWLR (Pt. 1842) 405 pontificated thus:

“Orders of Court as made must be obeyed until set aside while it is not desirable for the Courts to make unbridled orders, and Courts should not do anything to put a clog on the wheel of justice, orders of the Court are to be respected and obeyed. The dignity and honour of the Court cannot be maintained if its orders are treated disdainfully and scornfully without due respect”.

Court orders are not merely decorative and must be obeyed as long as it is subsisting by all no matter how lowly or lightly placed in the society. Rt. Hon. Michael Balonwu & ors v. Governor of Anambra state & ors (2007) 5 NWLR (Pt. 1028). However, the IGP brazenly ignored the court order restraining the police from arresting Malam Sanusi and order police officers from the IGP Monitoring unit to arrest him. This unlawful act was reportedly carried out on the orders of the IGP, with the apparent aim of embarrassing and destabilizing the Kano State government. Such actions are unconstitutional and undermine the judiciary's authority.

Recently, the IGP during media engagements, admonished police officers to desist from harassing citizens and categorically banned unjust arrests and detentions. It is therefore troubling and unacceptable that officers under the IGP Monitoring Unit continue to act in flagrant disobedience to a court order, thereby undermining public confidence in the Police as an institution of law and order.

MISHANDLING OF THE EMIRSHIP TUSSLE

Last year, the emirship crisis in Kano State further highlighted the IGP's partiality. Instead of instructing officers to maintain peace and protect lives and property, the police reportedly took sides, favoring the APC-backed candidate. This blatant interference in a traditional institution not only escalated tensions but also demonstrated the misuse of the police force for political gain. We reiterate that police officers as public servants should always remain neutral and impartial when enforcing law and order. Regrettably, that did not happen in this case as police officers were not impartial in their duties.

ARREST OF THE HEAD OF KANO STATE PUBLIC COMPLAINTS AND ANTI-CORRUPTION COMMISSION.

The recent arrest of Muhuyi Magaji Rimingado in Kano State on Friday, 24th January, is another glaring example of the police force's bias. Muhuyi Magaji Rimingado was reportedly targeted and arrested because he was investigating corrupt practices, including the confiscation of properties linked to the APC Chairman and former governor of Kano State. This action undermines the fight against corruption and sends a dangerous message that specific individuals are above the law due to their political affiliations.

DISRUPTION OF THE NATIONAL TIJJANIYYA MAULUD RELIGIOUS CELEBRATION

In a further show of bias, the police circulated a notice of an alleged impending attack in Kano State to prevent the state government from organizing a celebration of the Prophet Muhammad, an annual event that has taken place for the past 39 years. If this security report was true, the Governor of Kano state who is the chief security officer of the state should be the first person to be informed about it and have adequate knowledge about same.

Also, the Governor should be the one to give further directives on the measures to be taken to prevent the spread of panic in his state, pursuant to the provisions of section 193(2)(a) of the Constitution which stipulates that the governor shall determine the general direction of the policies of the state. The police did not do any of the foregoing.

This act therefore appears to be a politically motivated attempt to disrupt a significant event simply because the state government is led by a party different from the APC.

ADMONISHING THE INSPECTOR GENERAL OF POLICE.

The actions of the IGP in Kano State are profoundly troubling and threaten the democratic principles upon which Nigeria is built. The police force is a national institution meant to serve and protect all Nigerians, irrespective of their political, religious, or ethnic affiliations. It must not become a tool for oppression or political manipulation. We admonish the Inspector General of Police, Kayode Egbetokun, to:

1. Respect the Rule of Law: The police must obey court orders and act within the confines of the Constitution. No individual or institution is above the law, and the police mu st set an example in this regard;

2. Maintain Political Neutrality: The police should desist from partisan politics and focus on their statutory duty of maintaining peace, protecting lives and property, and ensuring justice for all citizens;

3, Support the Kano State Government: The IGP must allow the governor to govern effectively without interference. The state government should be free to carry out its mandate of serving the people without undue pressure or intimidation from federal institutions. 

1. Uphold Public Trust: To rebuild trust in the police force, the IGP must demonstrate transparency, accountability, and fairness in all police actions in Kano state and Nigeria at large. 

In conclusion, the Nigerian Police Force, under the leadership of Kayode Egbetokun, must rise above partisan interests and uphold the principles of justice, equity, and fairness. The people of Kano State deserve a police force that prioritizes their safety and well-being, not one that serves as an instrument of oppression.

The IGP must remember that his allegiance is to the Constitution of the Federal Republic of Nigeria and all its citizens, not to any political party or individual. Only by adhering to these principles can the Nigerian Police Force fulfill its mandate and contribute to the growth and stability of our democracy.