Screening of Offender and Arrest In Lieu: A Conflict Between Prohibition and Legal Protection

Introduction

Law enforcement agencies, particularly police, has a  duty to ensure peace and order and obedience to the rule of law . These duties include power to arrest an  offender and ensure jutice delivery on the suspect.

However, this article argues that while the law enforcement agencies’ right to arrest an offender is lawful, same is not allow to exercise against an innocent person . The excessive use of this power is inimical in a democratic society like Nigeria where innocent lives are protected by law.

‎Therefore, this article tends to elaborately   discuss the concept  of screening of offender as a crime(prohibition), Arrest in lieu as a legal protection and the conflict that exists between the two legal concepts with strong regard on the power of police in effecting arrest generally under the Nigerian laws.

‎General Power of Police To Make Arrest

‎Legally, the Nigerian police force(NPF) was established under Section 214 of the  1999 of  the Nigerian Constitution but the regulatory law of the NPF is police Act 2020 (Amended).

The Administration of Criminal Justice Act 2015 provides under section 3 provides that: “A suspect or defendant alleged or charged with committing an offence established by the Act of the National Assembly shall be arrested, investigated, inquired into, tried or dealt with according to the provisions of this Act, except otherwise provided under this Act”.

‎In view of the above Under Section 4 of the Nigerian police force Act provides the general power of Police to  include Arrest, investigation and Detention in criminal cases. See generally section 4 of the police Act 2020 and section  4(2) of the Kaduna State Administration Of Criminal Justice Law , 2017.

‎The above position is cemented by the court in the case of Gweokolo V Akpoyibo & Ors  (2017) LPELR-41882(CA), where the court held that:

‎” …the police have the statutory power to investigate,arrest, interrogate,search and detain any suspect”

‎Therefore, Generally police has power to arrest suspect in Nigeria; those who commit an offence and subject them to investigation in accordance with the established legal  procedures.

‎Concept of Screening Of Offender

An offender is a  person who has committed a crime. See the case  Ayaka v. State(2020) 3 NWLR (Pt. 1712) 538. Police having backed by law to effect an arrest has the power to arrest any person who refuses to disclose or release any evidence relevant to their investigation with the aim of preventing an offender from been arrested .

‎Section 167 of the Penal code provides that:

‎” whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of the offence to disappear with the intention of screening the offender from legal punishment, or with a like intention of intending to prevent his arrest gives any information respecting the offence which he knows or   believes to be false or harbours or conceals a person whom he knows or has reason to believe to be the offender, shall be punished with imprisonment for a term which may extend to Five years and shall also be liable to find”.

‎A similar provision under criminal Code can be seen under section 124; although, narrowly provided under the code.

‎By the letters of the above provision where Mr. A refused to disclose any information, evidence with sole motive of preventing Mr. B from been arrested commit an offence.  

‎Obviously, this provision could be in existence because every citizen has a moral duty to help security agencies in protecting the lives and properties of the people and has a legal responsibility of helping same  in ensuring the enforcement of law and order in Nigeria.See generally Section 24(e)  of the 1999 constitution  which provides:

‎”It shall be the duty of every citizen to…render assistance to appropriate lawful agencies in the maintenance of law and order” .

‎Therefore, any act of misdoings aim at weakening the Nigerian security architecture must be decisively and penally  dealt with by the law. 

‎Arrest In Lieu Under The Nigerian Law

‎Since the beginning of the word, it is morally unacceptable to punish someone for the offence of another person. No law, wether in a democracy or Militocracy allows the infliction of penalty onto an innocent person for the wrong of another. This is the law of nature which exists for time immemorial

‎Likewise under the various jurisprudence in the world,  the Arrest and punishment of an innocent person for the offence of another is considered a heinous transgression, peak of cruelty, socially devilish, and penally unlawful.Thus, the Administration of Criminal Justice Act 2015 under section 7 provides that:

‎” A person shall not be arrested in place of a suspect”. (You can equally see section 29 of Kaduna state ACJL 2017).

‎In defending this provision, in the case of Sunday Odogwu V State (2013)LLPELR-220391 the Nigerian Court held that:

‎”It is beyond doubt that an accused person cannot be held responsible for an act he did not commit”

‎See also the case of Akpan V State(2008)14 NWLR (pt.1106)72

‎The laws that protect an innocent person from been arrested are abound, in all the Nigerian States  Administration of Criminal Justice law this act is considered heinous transgression and unlawful, hence the law protects innocent and ensure that the power of arrest exercise by the police must be within the bounds of law. See the case of Sunday Odogwu V State  (supra) .

The Conflict That Exists Between The Two Legal Concepts

‎As has been identified above, Screening of offender is a criminal offence under both the penal and Criminal codes in Nigeria, thus, a prohibition against any person Within the Nigerian legal operations. Equally, Arrest in lieu , though, prohibited by another Nigerian legislation (i.e  Administration of Criminal Justice Act/laws) but in reality, the provision serves as a legal protection against arbitrary arrest of mostly innocent individuals for the crime of another person usually,relatives.

‎So, the conflict between these duo is with regards to when a person can be said to have  screened an offender and be justifiably arrested and when also, can same person be said  to have been arrested  in place of his relative (in lieu) to be legally protected.

‎For example, A police officer can arrest a brother where he  refused to show his brother or allows him to run from been intercepted by police thus,  committed an offence under the penal code   although , his intention is not clear on whether he intends to screen his brother . Where as ACJA protects such a brother from been arrested because he is not the one that commit the alleged arrestable offence.

‎Now, the conflict to be resolved is: what is the  yardstick used by the police in balancing these similar but contradictory legal provisions? . One allows the arrest and the other protects  one from been arrested.

‎It is settled that arrest in lieu is alien to the Nigerian jurisprudence and same lacks legal backing and Judicial affirmation where as ,Arrest resulting from Screening of offender is an independent provision that is lawful and legally permissible where the alleged person intends to prevent a suspect from been arrested . ‎

‎Now, if to say I have a  brother or a community member who commits an offence, then a police asks me  about his whereabouts which he respond in negative despite knowing but not been an accomplice to the offence. By the wording of section 167 of the penal code I should be arrested for screening my neighbor from been arrested but section 7 of the ACJA prohibits  arrest of an innocent for the offence of another…thus, I will not be arrested for this because of this legal protection.You can contest that,by screening the neighbor, I commit an independent fresh crime that justifies my arrest which is correct but, how do you justify this arrest when my intention is vaguely unclear? ‎

‎Subsequently, the law enforcement agencies , particularly police, employs Screening of offender to arrest usually a family of suspect while Lawyers use Arrest in lieu in order to protect their clients from been arbitrarily arrested for the offence apparently committed by another ; thus, one is a sword and the other Is a shield!

‎Sequel to this unintended conflict, now a  person can be guilty of screening offender and equally, be protected by law for been arrested in place of another person (in lieu). However, the intention of the alleged person must be ascertained.

‎Similarly, due to this legal protection, a person can be said to have legal right not to be arrested for the offence of another. Therefore, police can only arrest a person in place of another where there is an act of screening of a suspect, which is an exception. Though, independent offence but police used it in justifying the arrest in lieu where as the lawyers used arrest in lieu as a Defence.

‎Recommendations/Conclusion

‎After meticulous reasoning, the article recomends that the section providing for screening of offenders should be revisited by the law makers and be clearly redefined so that , law enforcement agencies should not be misapplying the law, arresting innocent individuals in the name of screening of offender. This is to prevent law enforcement agencies from further trampling on the people’s Right to personal liberty in Nigeria.

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