RULACC to Imo CP: Arrest in lieu is violation of Police Act

December 12, 2024
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  • Alleges IPO demanding N300,000 for bail

A civil Society Group,  Rule of Law and Accountability Advocacy Centre ( RULAAC), has condemned the arrest of ChinweIkpe Ugwu in place of his younger brother by operatives of the Imo State Police Command as obnoxious and a flagrant violation of the Police Act.

The group also alleged that besides arresting Mr Ugwu without any warrant or explaination, the Investigating Police Officer (IPO) is demanding N300, 000 for the detainee’s bail.

In a press statement yesterday (Wednesday, December 11) in Owerri, the Imo State capital, Mr Okechukwu Nwanguma, Executive Director of RULAAC, pointed out that section 36 of the Police Act prohibits the arrest of a person in place of the suspect, stressing that the arrest of Ugwu in place of his younger brother by the Imo State police is a gross violation of due process which the Imo Command should be made to explain.

Mr Nwanguma alleged that despite its illegality, the police in Imo have continued to indulge in the unlawful act of arresting one in place of another, in flagrant violation of the Police Act.

“RULAAC received an alarming report regarding the unlawful arrest of ChinweIkpe Ugwu by operatives of the Anti-Vice and QIT of the Imo State Police command,” the statement read, in part.

“Incident occurred on December 10, 2024, at approximately 2PM in their family compound in Umuhu Okwuato, Aboh Mbaise Council Area of Imo State.

“RULAAC was informed that the Operatives arrived searching for Ifeanyi Ugwu (ChinweIkpe Ugwu’s older brother) but did not disclose the reason.

“With Ifeanyi absent, they identified ChinweIkpe as his younger brother. Without any warrant or explanation, the operatives assaulted ChinweIkpe with a machete before taking him away.

“He has been detained at the QIT cell since then.

“RULAAC has further received credible information that the IPO is asking him for a bribe of N300,000 for ‘bail’ even when they arrested him illegally against the provisions of the Police  Act, which prohibits arrest in lieu”.

“Section 36 of the Nigeria Police Act prohibits the arrest of a person in place of a suspect (arrest by proxy or in lieu),” the statement further read.

“Despite this clear prohibition, some police personnel still continue to indulge in this unlawful practice in violation of the Police Act.

“This act raises grave concerns regarding the violation of rights and due process in Nigeria (especially Imo State, in this case). We urgently call for an investigation into the actions of the operatives and immediate clarification of Chinweikpe Ugwu’s situation.

“We urge appropriate authorities to ensure his safety and uphold the law.”

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