Defending the defenceless

 

Governor Fashola

 

•Lagos’ search for justice for victimised citizens commendable

THE true test of any government is its preparedness to move outside its comfort zone when circumstances dictate that it should do so. The Lagos State Government lived up to this dictum when it announced last week that it had finalised preparations to sue the Lagos State Command of the Nigeria Police and a former Divisional Police Officer (DPO) for alleged human rights abuses perpetrated during the anti-fuel subsidy removal protests which took place last January.

The Babatunde Fashola administration is seeking N200 million in damages for the murder of Mr. Demola Abiodun, who was allegedly shot by the ex-DPO, Mr. Segun Fabunmi, and N100 million each for three other individuals who were injured when the police allegedly fired at them. The state’s attorney-general and commissioner for justice, Mr. Ade Ipaye, has been directed to take up the case, which will be handled by the state’s Office of the Public Defender (OPD). The OPD is apparently waiting for the autopsy report on the deceased to be released to it so that it can commence legal action. 

In a country where the police have often been used as the coercive instrument of governance, the decision of the Lagos State Government is a timely reminder that the primary purpose of government is the protection and advancement of the interests of the citizenry. The state government has had good working relations with the Lagos State Police Command and has in fact contributed substantially to improving its effectiveness over the years, but it has correctly understood that upholding the rule of law takes precedence over such considerations. 

It marks a welcome departure from situations where the police and other security agencies would regularly get away with gross violations of human rights under the guise of maintaining law and order. Dozens of Nigerians have died at the hands of over-zealous security forces that have used deadly force on unarmed protesters and very few of them have ever been prosecuted for their actions. By bringing the might of the state government to bear on an alleged human rights infraction as opposed to leaving it in the hands of civil society groups, the state government is helping to change attitudes regarding the rights and obligations of the Nigerian citizen.

As the prosecuting agency, the Office of the Public Defender is clearly in the spotlight in this landmark case. It must ensure that it constructs a watertight case which will not be vulnerable to the legal technicalities so often beloved of defence counsel. The diligence with which it pursues the matter will not only ensure justice for those who have been wronged and appropriate sanctions for those who may be found guilty, but it will also help to positively affect the attitudes and behaviour of the security agencies and the populace.

Fortunately, the OPD has garnered an enviable record of competence since it began operations. It has handled a wide variety of cases, ranging from debt-recovery to murder, and has worked on over 4,000 petitions. One of the more notable cases was that of Miss Uzoma Okere, who won N100 million in damages after she was assaulted by the escort of a senior naval officer in 2008. Now that it is taking up what is arguably its greatest challenge, the OPD must treat the matter with all the importance that it deserves.

Given the obvious need for agencies like the OPD in other parts of the country, it is surprising that the Federal Government has not seen it fit to set up a similar body to deal with the provision of cost-effective legal services to the populace on a nation-wide basis. The nearest equivalent is the National Human Rights Commission, but its powers of investigation and prosecution are limited. Perhaps the positive developments in Lagos will encourage a change of heart in this regard.