Kudos, knocks as FG bans parade of suspects

By Babatunde Ayedoju
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The practice of parading suspects before newsmen, even when they have not been tried in court, is not new to Nigerians as it has been going on for decades.
It is a practice whereby men and women arrested for various offences are made to stand or sit before video cameramen, and photographers who take shots of them. Journalists also interview some. Those who were arrested in connection with some violent crimes and were caught with dangerous weapons are usually paraded along with the weapons found in their custody. Such violent crimes could be armed robbery or murder, among others.
It must be noted that this parade of suspects usually take place before they are prosecuted. That means some of them might be discharged and acquitted by the court if the prosecution counsel is not able to prove that they committed the crime. Meanwhile, they have already been paraded like criminals before the world.
However, it took a different dimension recently as the Federal Government took a decisive step to ban this age-old practice. About a month ago, the Attorney-General and Minister for Justice, Prince Lateef Fagbemi (SAN), directed the police to stop parades of suspects before their court trials.
Legal luminaries such as Mr. Femi Falana (SAN) and Chief Mike Ozekhome (SAN), while addressing the press on the matter, gave a thumbs-up to the Attorney-General’s directive, describing this long-time practice by the police as not only an infringement of the rights of the suspects but an unlawful practice.
Mr Falana opined that the practice of parading suspects is illegal, as it constitutes a gross violation of the fundamental right of criminal suspects to the presumption of innocence guaranteed by Section 36 of the Constitution and Article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap A9, Laws of the Federation of Nigeria, 2004. He also disclosed that five judgments of the ECOWAS Court and Federal High Courts have declared the parade of suspects illegal.
Chief Ozekhome described it as unjust and unnecessary, adding that it is capable of inflicting long-term reputational damage on individuals who might at the end of the day be found innocent by the court.
In compliance with the AG’s directive, some days ago, the Inspector-General of the Nigeria Police Force, Mr Kayode Egbetokun, confirmed the ban on the parade of suspects by the police nationwide.
A statement signed by the Force Public Relations Officer, Muyiwa Adejobi, read: “IGP Kayode Egbetokun has reiterated the ban on the public parade of suspects by the operatives of the Nigeria Police Force. This commitment by the IGP aims to uphold the fundamental human rights of every citizen and adhere to global best practices in policing by reiterating the standing directive prohibiting the public parade of criminal suspects before formal charges are filed in a court of law.”
The police boss stated that the directive had been communicated to all commands and zones of the police force, adding that it aligns with international human rights standards.
Need to show off prompted parade of suspects by police
Chief Samuel Adetuyi, a retired commissioner of police, pointed out that the police is bound by the law in whatever it does and must watch the reaction of the people because the perception of the people determines its success.
While saying that parading suspects before the public is not a requirement under the law, Chief Adetuyi traced the origin of the practice to the desire by the police to show members of the public that they are doing their job.
He said, “The significance of parading suspects is to let people see what the police are doing, in practical terms. For instance, in a case of armed robbery, it will have a deterrent effect if the suspects are paraded. But in this country, we have seen that some of these measures do not yield the desired result, which is to reduce crime. Instead, it has made criminals more hardened.”
While acknowledging that the ban on parading suspects publicly is a step in the right direction, the security expert stressed the need for thorough investigation and diligent prosecution.
His words: “Justice is served, not by showcasing suspects before the public but through a thorough legal process. It is good that the government now knows that there is nothing to be gained from parading suspects before the public. Instead, they should channel their efforts towards thorough investigation and diligent prosecution.”
Ban in alignment with global best practices on criminal justice
Professor Adediran Ikuomola, a criminologist, stated that it is in line with global best practice for the police to stop parading suspects before the media. He said that parading suspects who have not been diligently tried in court subjects them to stigma, whereas the position of the law is that a suspect remains innocent until proven guilty by the court.
Professor Ikuomola stated that the stigma that comes with suspects being paraded by the press is made worse by the fact that cameras have captured them and such images end up being posted on the internet, adding that, “the internet doesn’t forget; even when such individuals have been proven innocent, everything remains on the internet.”
“When suspects are paraded before the press and the story is reported in the print media, not everybody will have access to it; but when it is a video posted on the internet, it will go viral.
“There will always be a reportage of crimes but some things are better documented in writing than in visuals; otherwise, you will punish people who are not even involved in the case. Videos could make some cases more complicated before getting to court,” he said.
*Parade damaging, unfair to suspects wrongly accused*
Professor Simon Ehiabhi, a historian, questioned the rationale for parading suspects, saying that it has always been a wrong practice, “a suspect remains a suspect until found guilty”.
The professor of African Political History noted that there had been cases of people being picked and paraded in the past, only to discover that they were innocent. “Their image and reputation would have been damaged, because they would have been made to look like bad people,” he said.
Talking about the significance of the directive from the Attorney-General, Professor Ehiabhi assured that it would not compromise the country’s justice system, saying that it is even the parading of suspects, which he described as social media trial, that compromises justice, because people who know the suspects and have seen them paraded will begin to make moves for them to be released. “Meanwhile, this will be avoided if investigations are done discreetly. More so, parading them up till now has not reduced the crime rate. Police should be equipped and alongside the courts promote justice,” he added.
Parade of suspects not limited to the police alone, masses involved in the practice
Professor Adedayo Afe, also a historian, pointed out that parading suspects is not limited to the police, as members of the public also do it when they catch some offenders, such as thieves, and want to carry out jungle justice on them.
The professor of Legal History who stressed the need for proper investigation at all times added, “If an investigation is still going on and you parade suspects, others will be on the run.”
However, he advised that the government should ensure that the directive is fully implemented, unlike some other directives that were given in the past but were not enforced.
Dr Salman Adisa, a psychologist, said that while the government should concentrate more on preventing crime and reducing the crime rate to the barest minimum, it is not outright wrong to parade suspects. He said that it is a form of deterrence, as nobody would want to find himself or herself in such a humiliating situation; on the other hand, not parading them will embolden some to go on with their unlawful activities.