We Hold Your Brief JUDE IGBANOI
Jude.igbanoi@thisdaylive.com
Dear Counsel, I would appreciate your prompt response to this issue of personal concern.
Last week Sunday, on our way to Church I stopped at the end of our street to collect my Permanent Voter’s Card. Because of the large crowd, the registration officer took our names and bio-data and asked us to come back to pick the cards on our way from church.
Three hours later, there was still a crowd, so we went home. On my way to the office the next day the registration officer told me to ask my son to collect the cards for us because the PVCs were ready and had been sorted out. So, I told my son to collect our PVCs from the registration officer. .
I was called in the afternoon that my son had been arrested by the police on his way home. He was taken to the station and told that his offence was ‘being in possession of three PVCs.’ For this he was made to spend two days in the police cell. And they released him on bail without any explanation.
Although he was not tortured, did the police have a right to arrest and detain him? What was his offence? What is your advice? J.E. Bamigboye, Ikate, Lagos. Dear Mr. Bamigboye, I cannot think of any offence your son might have committed by merely being in possession of three PVCs, especially if they clearly bear the names of three different persons. It may be part of the overzealousness of the police which most times results in the breach of citizens’ rights.
His subsequent detention is illegal and unconstitutional to say the least. The Constitution of the Federal Republic of Nigeria (as amended) provides at Section 35 (6) ‘Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person.’
Therefore if you choose to pursue this legally, I advise that you consult your lawyer who will write a letter to the police. If the police fails to apologise, your lawyer may institute an action in court to seek redress on behalf of your son, including appropriate compensation.