Introduction
The goal of this article is to look at the term arrest in lieu, the position of Nigerian laws and the practice in t
he Nigerian Society. It is important to know the meaning of the terms before digesting the topic in discussed. One may ask, what is arrest? What is arrest in lieu?
According to the Blacks Law Dictionary 9th edition, arrest is “a seizure or forcible restraint, the taking or keeping of a person in custody by legal authority, esp. in response to a criminal charge; specifically, the apprehension of someone for the purpose of securing the administration of the law, esp. of bringing that person before a court.”
In making an arrest, the police officer or other persons making the arrest shall actually touch or confine the body of the suspect, unless there is a submission to the custody by word or action. This is the mode of arrest according to Section 33 of the Police Act 2020.
From the above section, it can be seen that both the police and private citizens can effect an arrest in Nigeria.
Arrest in lieu is the taking or restraint of the wrong person in place of the suspect. It is an arrest based on malice or personal gains. If Mr. A commits a crime and Mr. B is arrested in place of Mr. A that is a typical example of arrest in lieu.
THE NIGERIAN LAW ON ARREST IN LIEU
Let us take a stroll on the perspectives or the position of the Nigerian laws concerning arrest in lieu.
Section 36 of the Police Act 2020 provides that “A person shall not be arrested in place of a suspect”.
Section 7 of the Administration of Criminal Justice Act 2015 provides that “A person shall not be arrested in place of a suspect”.
The court in the case of MADAKI & ANOR V GTB & ANOR (2022) LPELR-57419(CA) affirmed the position of the above mentioned laws as follows:
“We have depreciated this situation several times, that it is wrong to arrest a wife or husband in lieu of the other, or a father/mother to force the child (suspect) to come to the Police or law enforcement agency!”
From the foregoing, it is glaring that arrest in lieu is prohibited in Nigeria.
THE PRACTICE IN THE NIGERIAN SOCIETY
The practice is worrisome, condemnable and illegal. A private citizen who knows nothing about an event, but is picked up by men of the Nigerian Police will definitely think that the justice system is dormant and futile. Contrary to such an opinion, the Nigerian laws have taken care of that situation by prohibiting arrest in lieu.
The Author in one occasion has witnessed in court a trial of a nursing mother for the offence allegedly committed by her husband. It is noteworthy, that she was first arrested by the officers of Nigerian Police before subsequently charged to court.
The officers of the Nigerian Police force are in the habit of arresting citizens, who are not related, have not participated in committing a crime for reasons based known to them. This practice portrays laziness, lack of will for thorough investigation and sinister motives. And it is contrary to the Nigerian laws as earlier stated.
THE WAY FORWARD
The position of the author is that citizens, who are arrested in place of suspects, should institute an action in court and seek remedies against officers of the Nigerian Police and private individuals who engage in arresting persons in place of suspects. This practice is against the rights to freedom of movement and personal liberty as enshrined in the Constitution.
In conclusion, arrest in lieu is prohibited in Nigeria and should not be condoned. The Nigerian police force and other law enforcement agencies should refrain from violating the law. They should activate their expertise in getting the suspects rather than arrest individuals in place of suspects.
ARTICLE BY: G.U SYLVESTER ESQ.