My Lords, this erroneous belief of police officers in their immunity from prosecution and the sense of impunity has once again been shattered by the High Court of Lagos State in Bolanle’s case. The point I want to make, my Lords, is that when police officers are prosecuted or convicted for killing innocent members of the public, such incidents are not adequately publicised.
I believe that this lack of knowledge of how the legal process works is responsible for the belief of some police officers that they can get away with killing members of the public since they don’t see immediate consequences of their actions.
All they see is that their colleague(s) involved in such an incident is given an Orderly Room Trial if he is a junior officer and is dismissed by the Police.
They don’t know that the legal process of prosecution and appeals inexorably continues to the highest court, especially where the defendant has been charged and sentenced to death at the trial court.
Invariably by the time the case/appeal process comes to an end, police officers and members of the public would have forgotten the incident. It’s only those who lost their loved ones who remember where they’ve kept track of the case.
It is also important to make the point that it is not because of the public outcry over Bolanle’s case that ensured the prosecution of the police officer, but that the law had always taken its course in most cases of such incidents.
The following are a few decisions I can remember off the cuff in the last couple of years where the Supreme Court affirmed the conviction of police officers who killed members of the public.
There are many more of these decisions and many at different stages of trial and appeal.
My point is that policemen at large need to be enlightened about the consequences of their actions.
Let us educate those within our sphere of influence. Hopefully, this will minimise similar incidents.
1. P.C Henry Ekum v. The State – Appeal No. SC.1103/2017, reported in (2022) LPELR-57683(SC), delivered on 13th May, 2022:
On October 23, 2010, at No. 24 Ochedore Street, Four Corners, Ikom in Calabar, Cross River State, the appellant (a police officer) murdered one Ebam Takim Obiba by shooting him in the head with an AK47 rifle.
The appellant had held a certain woman hostage in a salon and after an altercation with his colleague on one side and the woman’s husband and the deceased on the other side, he started shooting randomly and killed the deceased.
He was convicted of murder and sentenced to death by hanging. His death sentence was affirmed by the Supreme Court.
2. Onyebuchi Onwunze v. The State – Appeal No. SC.215/2017, delivered on 2nd December, 2022:
On March 25, 2007, in Ilupa Village at Godwin Ozuma’s compound, the appellant (a police officer) took a combatant position on being commanded by his superior officer and shot and killed one Anna Otari Ogbodo, an unarmed elderly woman.
The court convicted the appellant of murder and sentenced him to death by hanging. The death sentence was affirmed by the Supreme Court.
3. Matthew Egheghe v. The State – Appeal No. SC.304/2017- Reported in (2020) LPELR- 50552 (SC), delivered on 10th January, 2020:
On Sunday October 16, 2011, along Sani Abacha Express Way Yenagoa, one Emmanuel Victor was on his way from church when he encountered some policemen.
The appellant (a police officer), chased down the motorcycle wherein Victor was a passenger after having slapped him previously, pulled him down and shot him severally to death.
The appellant was convicted of murder and sentenced to death by hanging. His death sentence was affirmed by the Supreme Court.
4. Akinyede Olaiya v. State – Appeal No. SC.562/2014 reported in (2017) LPELR-43714 delivered on 8th December, 2017:
On March 23, 2011, at Ota Junction, Omuo- Ekiti in Ekiti State, the appellant (a police officer) fired two shots into the crowd without provocation or any real threat to his life or the lives of other policemen with him.
The shots fired by the Appellant killed one Kehinde Ayo Faluyi who was in that crowd.
The Appellant was convicted and sentenced to death. His death sentence was affirmed by the Supreme Court.
5. P.C Adeusi Adesina v. The People Of Lagos State – Appeal No. SC. 622/2014, Reported in (2019) LPELR – 46403 SC), delivered on January 18, 2019:
On November 27, 2008, the Appellant, a Police Constable, in Apogbon Blackspot, Lagos State shot a lorry driver named Dauda Isiako Akao and killed him.
He was convicted of manslaughter and sentenced to 14 years imprisonment. His sentence was affirmed by the Supreme Court.
6. The State v. P.C. James Egigia (SC) (unreported) delivered on the 26th day of January, 2024.
The respondent who is a policeman on or about February 16, 2006 at Ayama village in Auyo Local Government Area of Jigawa State, seriously beat and fractured the leg of the deceased, one Ismaila Dodo while investigating a case.
The injuries led to the death of the deceased. The trial court found the Respondent guilty of the offence of committing serious assault under Section 224 and punishable under Section 225 of the Penal Code Law and sentenced him to five years imprisonment without the option of a fine. The sentence was affirmed by the Supreme Court.