In this interview with SAMUEL AWOYINFA, the Ogun State Police Command Public Relations Officer, Muyiwa Adejobi, says Emmanuel Ojo, a blogger, who was arrested and is being prosecuted by the police, did not tell the truth about his arrest
Emmanuel Ojo, a blogger, claimed that the Chief Security Officer of the Ogun State governor, who arrested him was in mufti and he tried to force him into his personal car; an action which he resisted. Can someone in mufti and without a warrant of arrest effect the arrest of a suspect?
An average Nigerian has the power to arrest a suspect. This can be found in Section 12 of the Criminal Procedure Act which states that “any private person may arrest in a state any person who in his view commits an indictable offence, or whom he reasonably suspects of having committed an offence, which is a felony or of having committed by night an offence which is a misdemeanour.”
With this provision of the law, anybody has the right to arrest any suspect, but does the person have the right to keep the suspect and not hand them over to the relevant government security agency?
The Chief Security Officer that arrested him is a superintendent of police, attached to the Governor of Ogun State, his position as the CSO does not deprive him of the role of a police officer: The power to arrest a suspect. I am the state Police Public Relations Officer and that does not deprive me of the power of a policeman. When the CSO approached the blogger, he showed him his police warrant card (identity card), but he resisted arrest and he had to invite policemen from the Ibara Police Division.
The issue the blogger raised that the CSO did not produce a warrant of arrest does not hold water in the face of the offence he had committed. The offences were defamation of character, conspiracy and severe assault on a police officer, as enshrined in the criminal code and violation of relevant sections of the Cyber Crime Act 2015, Laws of the Federal Republic of Nigeria.
Do you know the blogger?
Personally, I don’t know him, but I know him as the suspect we are prosecuting in court for defaming the First Lady of Ogun State.
Why did you arrest him in the first place?
We got a letter of complaint from the state government that someone had written a false story against the First Lady of the state, for money laundering to the tune of $300,000 in London. The police investigated this for almost two months. The only thing was that it was the CSO to the governor that was the first person to get him. As he possesses the power to arrest, he (CSO) arrested him. And when he was arrested he was taken to the Ibara Divisional Police Station. He did not take him to his house, the Government House or a beer parlour.
What about the claim by the blogger that he was handcuffed at the point of arrest by the policemen from Ibara Police station?
The police are empowered to use the handcuff when the suspect is violent at the point of arrest. More so, in this case, the blogger lied that he was handcuffed. It is not true that he was handcuffed or tortured during interrogation at the department of criminal investigation and intelligence.
But the blogger did mention a police officer called Philosopher whom he claimed gave him a ‘hard slap’?
We do not have anyone in our command bearing Philosopher. I have checked through our computer system, there is no officer bearing that name. Perhaps it is a nickname.
If at all he had been assaulted in any way, he should try and get the proper name of the person involved. The police do not condone any form of violation of suspect’s right, torture or maltreatment. Not even under the dispensation of the new Inspector-General of Police, Solomon Arase.
What about the blogger’s accusation that he was detained for 72 hours?
To the best of my knowledge the blogger cannot sustain the claim of over-detention. He was arrested and handed over to the police at Ibara division, and his case wasn’t handled at a divisional level. Hence, it was transferred to the Department of Criminal Investigation and Intelligence at Eleweran. Thus, the period he was at Ibara cannot be added to the period he stayed at Eleweran. He could not have been granted bail at the divisional level.
He (blogger) also claimed he was made to write two statements by the police, is this the normal procedure?
Immediately he was arrested he was taken to Ibara, his statement was taken and a case file was opened for him. When the case was transferred to Eleweran, he had to write another statement. Assuming the case is transferred out of Lagos to Abuja, he may have to write another statement.
We are prosecuting the suspect under the Criminal Code and Cyber Crime Act 2015. We have charged him to court with offences as provided for in the Criminal Code and Cyber Crime Act 2015, Laws of the Federal Republic of Nigeria. He has been charged for conspiracy, serious assault on a police officer, defamation and publishing of falsehood, contrary to Section 24 of the Cyber Crime Act.
Serious assault on a policeman? How do you mean?
He assaulted a policeman when they wanted to arrest him. And that is a criminal offence as enshrined in the Criminal Code, Laws of the Federal Republic of Nigeria.
Is it a criminal or civil case?
It is a criminal case. We have charged him to court for conspiracy, making false publication, defamation, threatening violence, serious assault, resisting public officer, conduct likely to cause breach of peace and attempt to commit felony.
Are you aware the blogger has slammed a N150m suit on the Ogun State Police Command for illegal detention?
The command is yet to be informed about the suit. If the blogger has actually filed any suit against the police for any reason best known to him, the legal department of the police will study the suit and take necessary actions. I strongly believe that the police have not erred in any way in this matter. People should be objective and not be sentimental about the matter.
Ojo also claimed he was denied access to his lawyer at the point of writing his statement. How far is this true?
It is not true that he was denied access to his lawyer. The only condition is that he must do this before the Investigating Police Officer.
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