A person escapes from lawful custody if he breaks free of the control of police or other officials after he had already been effectively placed under arrest. The law is quite clear in its position regarding perpetrators as well as those who aid perpetration in one way or the other. While it declares any perpetrator guilty of misdemeanour and liable to imprisonment for two years, Section 135-138 of the Criminal Code Act makes it an offence to aid an inmate in escaping or attempting to escape from lawful custody or to convey something to a correctional centre or to an inmate to facilitate the escape of an inmate.
This offence carries a maximum penalty of imprisonment for seven years. Very seriously, “ any person who, being an officer of a prison, or a member of a police force, wilfully permits any other person within his lawful custody to escape (a) charged with an offence punishable by death, or penal servitude or imprisonment for life, guilty of a felony and is liable to imprisonment for seven years; and (b) is, in any other case, guilty of a felony and is liable to imprisonment for three years.
Be that as it may, while many Nigerians consider police custody as the safest place to keep suspects in Nigeria, unfolding events tend to prove them wrong as suspected criminals escape almost daily from the police net, without any cogent punitive action taken on those culpable among men and officers of the affected commands.
The arrest of a suspect all over the globe, as well as being kept in police custody is the principal gateway to the criminal justice system. Detention by the police is generally authorised for two main criminal justice purposes: to allow the prompt and effective investigation of an offence, or of the conduct of the person in question; and or to prevent any prosecution for an offence being hindered by the disappearance of the person in question.Custody also serves a safety purpose, in that detention may be authorised to prevent someone from causing physical injury to themselves or another person, or to protect a child or other vulnerable person.
However, A guiding principle in all cases is that a person should be held for the minimum time necessary while every process for justice is duly fast tracked. The whole essence becomes lost when police begin to lose grip of suspects they ought to account for, on frivolous grounds. Across the states of the federation, days hardly pass without the news of one escape attempt by detained suspected criminals.The regularity of the trend, as well as its uniformity across states tend to arouse insinuations that top politicians in the states must be behind the trend even though it is unfounded. Few days ago, Nigerians were disturbed with the news of the escape of Sunday Shodipe, a 19-year-old, who was arrested in Oyo State for his alleged involvement in the rape and murder of some female residents.
This development which has attracted several condemnations from many citizens of the state, was made known by the state’s police spokesperson, Olugbenga Fadeyi, on Sunday. Mr Fadeyi said the suspect, who allegedly committed his dastardly acts in Akinyele Local Government Area of Ibadan, the Oyo State capital, was arrested and paraded along with two others at the Oyo State Police Command on July 17. He escaped from police custody on August 11.
However, the Commissioner of Police in Oyo State, Nwachukwu Enwonwu, has disclosed that two policemen, an inspector and one other officer – have been arrested over the escape of Sunday Shodipe, the prime suspect in the killings of innocent persons in Akinyele area of Ibadan. But like a sore on the palm that is always refreshed with every contact with the palm, the news of Shodipe’s escape from police custody, has only caused a reminiscence of a panorama of all such issues in the country over time.
Eight years ago, 2012, to be precise, the man thought to have masterminded an attack on a Nigerian church that killed 37 people on Christmas Day in 2011, escaped from police custody, still wearing handcuffs, less than a day after his arrest. Kabir Sokoto, as he was called, was an influential businessman and an alleged gun-runner. His detention was a huge catch for authorities investigating the church bombing just outside the capital, Abuja. Unfortunately, just a day after the news of his arrest and detention, Sokoto reportedly fled while being escorted by five armed policemen to search his nearby flat. The regional police commissioner was, however, suspended for “serious negligence” over the escape.
August 21st, 2017, witnessed confusion in Port Harcourt, the Rivers State capital, when members of the public learnt that Ifeanyi Dike, the man who allegedly raped, killed and removed vital organs of an eight-year-old girl, Victory Chikamso, had escaped from the police custody. The father of the victim, Dr. Ernest Nmezuwuba, who was at the State Criminal Investigation Department when the suspected murderer and ritual killer escaped from police custody, expressed disappointment in the police, accusing them of playing game with a heinous crime against humanity, even as he vowed that he would never allow it to be swept under the carpet.
In January 18, 2018, the local media recorded yet another escape of a suspected criminal allegedly involved in a murder case in Bakassi Local Government Area of Cross River State from police custody in Bakassi Police Divisional headquarters. The suspect, Essien Ita, was alleged to have been involved in the murder of Chief Eyo Eyo Bassey who was assassinated sometime in 2017. The victim, 52 year old Chief, Eyo Eyo Bassey, was until his assassination, Village Head of Ikot Obot and a staff of Audit Department, Cross River State Ministry of Finance.
Ebonyi State took its share of the trend on the night of October 22, 2019, as four kidnap suspects reportedly escaped from the custody of the Ebonyi State police command.
On March 23rd, this year, a rape suspect by name Kelechi Ezeanni, who was said to have been arrested by policemen attached to Ajiwe Police Station, Ajah Lagos State police command was reported to have escaped from custody. The suspect, arrested for allegedly raping an eleven-year-old girl, escaped two days after his arrest.
The height of this trend was recorded on July 20, 2020, as twenty-nine suspected criminals escaped from the custody of the Central Police Station (CPS) in Umuahia North Local Government Area, the Abia State capital. Sources said the suspects pretended to have been pressed, asking to use the restrooms.They were said to have briefed the cell guard to assist them, not knowing they had sinister motive. According to information, as the guard opened the cell door, the suspects overpowered him and fled.
While it is quite difficult for anyone to imagine how soon this trend would quit the Nigerian stage, the writer suggests that officers and men of the Nigeria Police should be made to perform their duties in line with the laid down rules and regulations. They should be orientated on the implication of complicity in escaping from custody while the full weight of the law should descend on the personnel who are instrumental to this trending phenomenon. We can go a little beyond the orderly room trial.

Sylvia ThankGod-Amadi