Africa
The Court Cannot Stop the Police From Performing Their Constitutional Duties -By Danjuma Lamido
The Nigeria Police Force must remain steadfast in performing its duties within the confines of the law, and the judiciary must refrain from venturing into areas that constitutionally belong to the executive arm of government.
My attention has just been drawn to a recent ruling by the Federal High Court, Lagos Division, presided over by Hon. Justice Kakaki, which granted an interim injunction restraining the Lagos State Commissioner of Police and the entire Nigeria Police Force from giving effect to, or acting upon, the alleged declaration of Omoyele Sowore as “wanted.”
While one must always respect the sanctity of the judiciary as the last hope of the common man, it is, however, important to state emphatically that no court has the power to stop the Nigeria Police Force from performing its constitutional and statutory duties of maintaining law and order, investigating crimes, and protecting lives and property.
The ruling, with due respect to the learned judge, is a dangerous precedent that contradicts established judicial authorities and the clear provisions of the law.
The police, as established by Section 4 of the Nigeria Police Act, are empowered to prevent and detect crimes, apprehend offenders, preserve law and order, protect lives and property, and enforce all laws and regulations. These are sacrosanct responsibilities that cannot be suspended or curtailed by any court order.
Indeed, courts have consistently held that they do not possess the power to restrain the police from investigating crimes or performing their lawful duties. The constitutional responsibility of the police to ensure public security and safety is a duty that cannot be abridged or set aside by judicial fiat.
Any order purporting to stop the police from carrying out their statutory functions stands contrary to the spirit and letter of the law that establishes them.
Therefore, in my considered view, the judge who issued an order restraining the police from acting within their constitutional powers has acted ultra vires, that is, beyond the jurisdiction conferred on the court by law.
Such orders, if left unchecked, will not only erode public confidence in law enforcement but also embolden criminal elements to act with impunity.
We have seen, in many instances, how influential individuals or public office holders, when confronted with allegations of corruption or other crimes, quickly rush to the courts to secure orders stopping their arrest or investigation.
They often employ high-profile lawyers who file applications for the enforcement of fundamental rights, arguing that an invitation or investigation infringes on their liberty.
Unfortunately, some courts, without due regard to the overall interest of justice, grant interim, interlocutory, or perpetual injunctions restraining the police or anti-graft agencies from performing their duties.
This dangerous pattern has, over time, resulted in a situation where courts inadvertently confer temporary or even permanent immunity on individuals accused of diverting public funds running into millions of naira.
The appellate courts, including the Court of Appeal and the Supreme Court, have repeatedly cautioned against this judicial overreach. They have maintained that no individual, no matter how powerful, is above the law, and that courts must not usurp the constitutional powers of the executive agencies responsible for law enforcement.
In particular, the Supreme Court has held in several landmark judgments that the police and other investigative agencies cannot be restrained from investigating any person once there is reasonable suspicion that a crime has been committed.
Under Section 35(1) of the 1999 Constitution (as amended), the police and other security agencies are empowered to arrest, investigate, and prosecute any person reasonably suspected of having committed a criminal offence. This provision forms the cornerstone of law enforcement in a democratic society governed by the rule of law.
Therefore, rather than using court orders to obstruct the lawful operations of the police, Nigerians, especially members of the legal profession, should support the enforcement of justice through legitimate means. Courts exist to protect rights, not to shield suspects from investigation or prosecution.
In conclusion, the decision of Hon. Justice Kakaki, if not immediately vacated, risks undermining the integrity of law enforcement and weakening the constitutional framework upon which public order and safety depend.
The Nigeria Police Force must remain steadfast in performing its duties within the confines of the law, and the judiciary must refrain from venturing into areas that constitutionally belong to the executive arm of government.
The law is clear: no court can stop the police from doing their job.
Danjuma Lamido writes from Yola, Adamawa State. email: danjuma;lamido2011@gmail.com
