TheCable

BY STAN ALIEKE

The narrative that the outgoing commissioner of police of Lagos state who was just elevated to the rank of assistant inspector-general of police (AIG), Hakeem Odumosu, can enter any place at will with unhindered access, be it privately owned or publicly owned property is fallacious, illogical and unfounded by any legal standpoint.

Odumosu despite the fact of being a high ranking police officer is still a police officer, hence a public servant, and when a police officer is operating or going about officially to carry out his official duty as provided by the police act and other enabling statutes, he must first identify himself and the law is to the effect that when a police officer is to enter a place even if for the discharge of his official duty like search or arrest he must first be subjected, himself, to be searched by the owners of the property so as not to plant incriminating objects in the premises.

Therefore, even if Odomusu with his security details are entering the Magodo Estate to carry out official duties (he claimed he was attending a strategic meeting in the estate), the security guards of the estate are still within their rights to ask the police officers to identify themselves and confirm with them the particular house they are visiting. The security check carried out at the estate entrance where visitors call their hosts from the gate to confirm with the security guards before they are granted access into the estate is for security reasons and so the security guards can give the visitors the proper direction to where they are heading to so the visitors don’t end up loitering around the estate searching for their way.

Be that as it may, according to the reports obtained from the estate authorities and residents, the AIG was visiting the estate to attend a social event hosted by a friend and not for official reasons. Therefore, the act of the commissioner of police ordering the arrest and detention of all the estate security guards for not granting him uninterrupted access into the estate is an abuse of power as a policeman and abuse of office as the commissioner of police of the state.

The police officer and the police service commission owe an unreserved apology to the residents of the estate and compensation to the security guards as the security guards were only carrying out their duties and are clearly within their bounds. The commissioner only felt embarrassed because his high-horsed ego was bruised by the estate securities by conducting stop and search on him hence he decided to use his power to punish the guards.

For the sake of emphasis, according to section 37 of the 1999 constitution of the federal republic of Nigeria (as amended), citizens have the right of privacy to their homes, premises, properties, and the thought that any individual be it a police officer acting in an official capacity or personal capacity can have uninterrupted access to people’s homes is not just fallacious but logically unsound and undoubtedly an argument from an irremediably half-baked rookie student of the law.

For a police officer to enter a home without being hindered, he must first obtain a search warrant to enter and search the home or estate, and any act of any individual to interrupt the officer entering the home or premises will be tantamount to obstruction of the cause of justice which the law frowns against but the CP was not conducting a search neither was he in possession of a warrant in lieu of the estate, hence he is to be treated like every other private citizen and be subjected to the estate security protocol that every other visitor is to be subjected to.

The constant abuse of power by the high-class public servants and public figures should always be called out and the act of the outgoing commissioner of police of Lagos state on the eve of the new year is a no-no and should be highly be condemned by all and sundry and the senior police officer should be duly cautioned by his superiors and the police service commission.

Alieke (Esq.) is the lead attorney at Stanley Alieke & Co.