Buhari’s Denial To Restructuring A Time Bomb-Barr Olowo

A prominent Legal luminary, and An Abuja based Legal Practitioner, AJAYI OLATUNJU OLOWO, is a Chartered accountant, a Fellow of the Chartered Institute of Taxation of Nigeria, a holder of a Master Degree in Industrial and Labour Relations (MILR) from University of Ibadan as well as a Legal Practitioner (LLB, University of Buckingham in England, LLM, BL) is a prominent legal luminary, from Ikere Ekiti , in Ekiti, but currently based in Abuja.

In this interview with GBENGA SODEINDE, BARR. OLOWO speaks on number of National issues, relating to restructuring,  legal issues surrounding the mid night invasion of Yoruba Nation Agitator, and activist, Sunday Igboho amongst Others, excerts:

..Declaring Igboho Wanted unwarranted, Further Abuse of Power 

..late Night Invasion By Security Agents Is Ulterly Illegal, Brazen Abuse Of State Powers

Question: sir, as a legal luminary of note, what can you say about the Constitutional provisions backing the DSS on invasion of any private homes in the Midnight, I am asking this question because of last week invasion of Sunday Igboho’s residence in Oyo state, where two people were killed in the process?

Answer: What the DSS did was an abuse of state power reminiscent of years back when they broke into the houses if some high ranking Judges (including Judges of the Supreme Court) at night.

Question: But what if the law enforcement agents have warrant to carry out such assignment in the night, or are there no situation whereby the only way out to carry out the arrest or invation at night?

Answer: Although Section 148 of the ACJA, 2015 now allows the execution of warrant any time of the day (which means night inclusive) the law doesn’t authorise “breaking into” a premises. Section 13 of the Act only allows a security agent who lawfully entered a premises to execute a warrant to “BREAK OUT” of such a premises in case of him being detained thereof.

Sunday Igboho

If they had a warrant, yes they could there at night to lawfully execute the warrant. But the law doesn’t give them power to invade or break into the premises.

Section 13, ACJA, 2015 only allows them to BREAK OUT if they had lawfully entered with a warrant and were subsequently detained therein

And the essence of breaking out (in accordance with Section 13 ACJA, 2015) would have been solely to liberate themselves.

That Section 148 of Administration of Criminal Justice Act (ACJA) 2015 is talking of execution of warrant. There’s no evidence yet that the DSS went to Igboho’s house in the night of 1st July, 2021 with a warrant.

Assuming but not conceding that the DSS went with a valid warrant of search and or arrest, the law (ACJA, 2015) doesn’t authorise the DSS to break into the (Igboho’s) house.

What Section 13 of the law (ACJA, 2015) permits is for the police officer executing a warrant to break out (NOT BREAK INTO) of a house or place of search he had lawfully entered in order to ilberate himself.

In the instant situation (of Igboho’s house) there’s no evidence hitherto that the DSS went with a valid warrant and or lawfully executed such. From the circumstantial evidence, which the DSS itself confirmed through a press conference, the DSS shot its way into Igboho’s house in a raid and killed 2 people (occupants of Igboho’s house) in the process

Question: So in your own view, how can you describe the invasion:

Answer: Utterly illegally and a brazen abuse of state power by the DSS. In my view, the DSS had acted illegally by not going with a warrant and or lawfully executed any.

The only situation, the DSS or any law enforcement agencies could have invaded Igboho’s house would have been if there had been a distress call indicating that heinous crime was being perpetuated in that premises at that time of the night. In that wise, a warrant wouldn’t have been needed in such a circumstance.

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In the instant situation, there’s no evidence that crime of any sort was being committed in Igboho’s house at the time of the raid.

Upon the foregoing, it is my concerted view that the DSS acted illegally and used the apparatus of the state to commit murder of the 2 people killed in Igboho’s house.

Question: Are you saying the DSS have committed murder, and nobody has taken them to court ?

The argument of the DSS that its operatives came under attack by (9) guards in Igboho’s house, in my viewpoint, is utterly peurile.

Having unlawfully invaded the house in the dead of the night, in the dark, after demobilising the security lights in the premises, the occupants of the house are entitled to self-defence

On whether they should be queried?, Of course yes. The operatives who carried out the dastardly exercise should be identified and punished according to the law. The DSS and FGN should be made to pay reparations to the family of the 2 people murdered.

Question: The FG has declared  Sunday Igboho  wanted for arrest, do you see any wisdom in declaring Igboho wanted by the FG intead of taming him.

Answer: An act of the DSS declaring Sunday Igboho wanted is unwarranted. It’s a further abuse of power probably to cover their (DSS) track over the earlier unprovoked invasion of Igboho’s house.

Question: How best can you describe Fg action on intead to taming him?

Answer : Further abuse of power in this regard by the DSS on the contentious invasion of the House of Igboho would, in my view, further overheat the polity.

Question: What do you think can happen at the end of the day.

Answer: I think the matter would eventually get to court. It’s either the DSS goes to court against Igboho or Igboho approaches the Court to enforce his fundamental human rights to personal liberty. Hitherto, I am not aware of the DSS has pressed any criminal charge against in any Court of competent jurisdiction.

Heritagenews

Question: Your advice?

Answer: The DSS and other security agents harassing non-violent peaceful protesters and agitators for self determination should act within the ambit of the law. The same government that is rehabilitating captured Bokoharamists should be magnanimous enough to discuss on a round table with proponents of self determination. Harassing them while pampering the marauding killer bandits and captured ISWAP/Bokoharamists would only worsen the fragile peace across the country.

Buhari’s denial to do restructuring, what is your reaction on this?

Answer: It’s a time bomb. The agitations by separatist movements would get louder and get more sympathy at home and abroad. There’s nothing sacrosanct in a unity that the leaders only pay lip service to.

The present federalism as encapsulated in the 1999 Constitution only avails federalism in theory not in practice.

Question: what is your suggestion on this restructuring sir ?

Answer: States, or federating units, preferably regions or zones Should control their resources and only contribute some percentage to run the federal government at the center as it was in the 1963 Republican Constitution.

The 36 states structure currently in place is too unweildy and practically unsustainable

Question: Restructuring is not too late now?

Answer: Restructuring is not too late. This administration recignised the efficacy of restructuring that would engender true federalism when it set up the el-Rufai’s Committee on restructuring in 2016.

The Committee made far reaching recommendations. If such were imbibed in the constitution, the agitations for self-determination, secession or what have you might fissle out.

Question: Lastly, your message sir?

Answer: Restructuring engendering true federalism is the key to lasting peace in Nigeria. The DSS should stop acting as if it’s above the law.

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