By Inibehe Effiong
The argument that the outgoing CP of Lagos State, AIG Odumosu, can enter any place without being questioned is legally unfounded. Since his visit to Magodo Brooks Estate was private, it was perfectly within the right of the private guards at the estate to have subjected him to the usual clearance protocol of the estate.
Even if his visit was official, it was necessary for him to identify himself and state his purpose. No reasonable person will believe the statement by the PPRO. The CP could not have been denied access into the estate by the guards for the fun of it.
It is true that the police has the right to enter any place in a State to carry-out search, effect arrest or discharge such other official functions. However, this power is not limitless, it is subject to certain procedures.
Section 37 of the 1999 Constitution guarantees citizens the right to privacy, including privacy of their homes. For the police to search the home of a citizen, a search warrant must be produced and the officers seeking to carry-out the search must first subject themselves to be searched to forestall planting of incriminating items by the officers.
The CP claims he went to the estate for a strategic security related meeting. Magodo Brooks Estate to the best of my knowledge is a strictly residential estate. It is not a place where government business is carried-out.
For the CP to arrest security guards because they simply asked him to call the particular resident of the estate whose private party or event he came to attend is nothing but gross abuse of power. It is immaterial that the CP moved around with his security team. Any nonentity with money in this country can hire dozens of policemen, and even military officers, to move around with him.
Had there been proper communication prior to the CP’s visit, he would have been cleared immediately he arrived. It is preposterous for Mr. Odumosu to expect the guards to panic and open the access gate upon sighting his convoy. That will amount to dereliction of their duty. If we are going to change this country, we must stop venerating public officers as demi-gods.
In Nigeria, we have become accustomed to arbitrariness and abuse of power by public officials. This action by Odumosu is illegal and reprehensible. Odumosu owes every person that he arrested apology.
• Effiong is a Lagos based lawyer and public affairs analyst.