Opinion
Amaechi: Save Borikiri Residents
I use this singular privilege to congratulate you on your meritorious service to the people of Rivers State. It is evident since your inception into office as governor of the State, the laudable developmental projects embarked upon by your administration. The security of lives and property in the state is commendable.
Your Excellency, it is a notorious fact that for over two years, the Harold Wilson – Police Road is blocked against road users between the hours of 6 pm to 6 am. Worse still, even pedestrians are stopped from using the road at some point of the night. I also share the experience at about 10. pm on a fateful day. It will be re-called that few years ago, specifically on the eve of the Christmas/New Year festivities; there was a shoot-out in the area which led to the death of some innocent citizens of the country. This ugly incident led to the building of walls at night by the Nigeria Police Force, Borikiri Division till date. Your Excellency, it is only on this basis that the fundamental rights of the residents of Borikiri was perpetually violated by the Nigeria Police Force. The conduct is condemnable.
Rt. Hon, the right of freedom of movement is an inalienable right of every citizen of the State safeguarded by the constitution of the Federal Republic of Nigeria. This right is not merely declaratory but mandatorily protected by the ground-num of the land. The Oxford Advanced Learner’s Dictionary, the sixth edition defines movement as “an act of moving from one place to another or of moving something from one place to another” Accordingly, Section 41 (1) of the constitution of the Federal Republic of Nigeria 1999 graciously couched that “every citizen of Nigeria is entitled to move freely throughout Nigeria and reside in any part thereof …” Nevertheless subsection (2) of the said constitution qualified the right guaranteed and state as follows “Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society…” Sir, the reasonable justifiability of any law or conduct violating the right of movement of any citizen is based on two facts – when a citizen has committed or reasonably suspected to have committed a criminal office and for public interest.
Our governor, the fundamental right enshrined in our constitution is individualistic; hence the residents of Borikiri cannot suffer from an offence committed by one or group of persons assuming a crime is being committed. I humbly refer you to the case of Amachree v Newington (1952) 14 WACA 97 and advocate that subsection (2) does not apply to the residents of Borikiri as no criminal offence whatsoever is pronounced committed by a competent court of Justice. It is trite that the fundamental right of movement can not even be invaded by the legislature except for the sake of recognised public interest. Assuming but not acceding that there is a public interest, then, a public emergency shall be declared before any right is curtailed. In the instant violation and deprivation there is no recognised public interest, no public emergency, but a willful denial of our rights they ought to protect. The Western Nigeria crisis of 1962 adumbrates this fact. Movement of certain individuals were curtailed by the government as public emergency was declared under S. 70 (3) (b) of the then Federal Constitution and a set of 13 Regulations made under the Emergency Power Act 1961 and were approved by the Federal Parliament. The 1999 Constitution does not appear to have effected any change in this matter, thus, the procedure must be strictly adhered to. Consequently, in Alhaji O. S. Adegbenro V. A. G Federation and Ors (1962) WNLR 169, Taylor F. J. said, “in my judgment, the step which have been taken are reasonably justifiable as a preventive measure to attain peace and order …. “. The question is, is the end point of the barricade to attain peace and order or just a cowardice of the Police Force in discharging her duties? In Chief F. R. A Williams V. Majekodonmi (1962) All NLR 413 the Federal Supreme Court had no hesitation in declaring the restriction order violating the fundamental right of movement as ultra vires and therefore set aside.
Sir, for public emergency to be declared, it must be supported by not less than two-third majority of the House of Assembly. Can one abdicate the legislative powers of the legislature (House of Assembly) to Nigeria Police Force? Of curse, there is no such abdication, for the House of Assembly still takes charge as provided under Section 4 of the Constitution. It is my opinion, that, the violation is subversive of the right parliament enjoy notwithstanding the fact that the Government in council shall take decision necessary and expedient in the interest of the State. It is my argument that wherever anything is forbidden it is forbidden to do it directly or indirectly.
Your Excellency, it is burdensome, when persons or institutions established to protect and enforce the law willfully violate it. By the provision of Section 4 of the Police Act Cap P. 19 LFN, the law states categorically that, “ the Police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations … “ Can one run to the Borikiri Police in times of emergency when its doors are closed? Or could it be right that Section 4 of the said Act, exclusively protects the Nigeria Police Force nay Borikiri Police station? Obviously, the answer is in the negative for it is not permitted to be wiser than the law, not even the Nigeria Police Force. The barricade is an insignia of depression, as depression is a state of mind, a loss of faith instability and security of Rivers State. The people of Rivers State have worked pass such era, presumably if it ever existed.
The conduct of the Police intended to help, but could not redress the constitutional issue raised rather it subjects the inhabitants of Borikiri into slavery and long suffering.
My position therefore, is that the barricade is not only ultra vires, it is indeed unconstitutional; an infringement of the most solemn constitutionally guaranteed right.
Asemebo is a Port Harcourt based legal practitioner.
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