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Police Invitation: Omisore, Lawyers, Human Rights Activist Speaks by adebisiseun2(m): 4:10pm On Nov 04, 2017 |
The recent invitation of the former deputy governor
of Osun State and Ex. Senator of the Federal Republic
of Nigeria, Dr Iyiola Omisore, by Mr. Umege
Uzochukwu, a deputy commissioner of Police in
charge of Osun State Criminal Investigation and
Intelligence Department, has been generating a lot of
furore in the media. Many have queried the way and
manner the invitation was circulated widely to
various online and offline media houses.
A Lagos based online blogger, names withheld,
disclosed that he became suspicious the way and
manner the Police Invitation was written and
attached to a press statement with a tone of urgency
for them to publish the material last weekend. “It
was sent out from same source with a tone of
urgency and we became suspicious. Moreso, it was
dated October 20, 2017 why sending it on October
27?”
In his response, Senator Omisore has described his
invitation as a sinister plot by some powerful
interests in the ruling opposition party in his state, All
Progressives Congress (APC) to get him out of
circulation ahead of 2018 gubernatorial election in the
state by using the Nigeria Police to frame him on
trumped-up charges.
Omisore, who was the Chairman Appropriation
Committee while serving the Senate, stated in a
press release personally signed by him, stated that
these opposition elements are apparently working
with the Nigeria Police or some of their officers to
realize their sinister plot against his person.
“In the invitation, I was asked to report to the said
DCP Uzochukwu that the late Senator Isiaka Adeleke,
had reported a case of assault against me to them.
And I wondered when Senator Adeleke (may God
rest his soul) made the report as no date was given
in the said invitation. The police invitation letter was
dated 20th October 2017”, he quizzed.
Some legal experts who have been paying attention
to the development have queried the legality or
otherwise of the letter. Reacting to the police
invitation, A Senior Advocate of Nigeria, Nathaniel
Oke, described the action of the police as “political
harassment.”
According to Oke (SAN), “Police have the statutory
power to invite any individual who is suspected to
have committed any offence for the purpose of
carrying out their investigation to determine whether
criminal offence has actually been committed or not.
The only area that is actually worrying me is that,
when Senator Isiaka Adeleke himself was alive,
what step did the police actually take to unravel and
probably prosecute Senator Iyiola Omisore?
Therefore, to me, it is a political harassment. It is a
political intimidation.
“The question is this; Senator Adeleke was alive since
2014 before he died in 2017. Now, where is the
complainant as far as that criminal allegation is
concerned? Will evidence now be given on behalf of
the deceased? I don’t think it is proper. They have the
right to invite him for the purpose of interrogation,
but the fact is that, this is political harassment.
“The point I am making is that, what were the police
doing as at the time the person who was purportedly
assaulted was alive. Why after the demise of Senator
Adeleke?” Oke interrogated.
In his own argument, a lecturer at the faculty of Law,
Obafemi Awolowo University, OAU Ile-Ife, Mr.
Musibau Lateef, described the police action as
“absurdity and ridiculous.
“It is the height of absurdity. Assault that happened
in 2014, as a matter of law, you cannot maintain a
crime of assault which is a personal injury on behalf
of a dead person. For the sake of God, Senator
Adeleke is late, can anybody legally speaking, bring
an action of assault on his behalf? The answer is no,
legally speaking, and that is why I said, for me, it is a
sign of ignorance and it is quite ridiculous.
“The police have the right under section 2(11) of the
Constitution and police Act, to invite anybody, but in
this context, it is the height of ignorance. I’m speaking
as a matter of law; it is not possible to sustain a
matter of assault on behalf of the dead person. It is a
personally injury crime that only the person who
suffered the injury must testify.
Reacting to whether the evidence of the late Adeleke
before the commission of enquiry can be admitted on
oath, the law lecturer said, “we are talking about
crime here; no commission of enquiry, I repeat, no
commission has the right to indict anyone on criminal
offense.
“So, whatever the findings of the commission in this
respect goes to nothing. Who will come to court to
tender the statement? This is not a matter of
controversy and that is why I used ignorance
deliberately, it is the height of ignorance.
“We are not talking of murder here because murder
would have been different, but he slapped me, he
kicked me, how do you prove that? It is ridiculous
and height of ignorance. Going by the content of the
letter that he was invited in connection with the 2014
issue, it is ignorance on the part of the police. The
content of the letter has rubbished whatever may be
the reason for the invitation.“Senator Omisore may
refuse to go. He can simply tell his lawyer to go and
explain to them. You have the right not to subject
yourself to such ridiculous invitation”, Lateef
explained.
Speaking in the same vein, Barrister Oluwaseun
Ijoba, said, “The police have not been responsible in
handling this issue. If the letter did not state
particularly the reason they invited him, it would
have been something else. Now, I begin to wonder,
what intelligence, what new fact would emerge after
the death of this man about seven months ago that
did not emerge in three years after the alleged act. I
couldn’t see any reason for this invitation rather than
political harassment.
“It is mere allegation against Senator Omisore. It has
not been proved. There’s no way the police would
justify their position presently after three years!. If
there is no opportunity to cross examine a witness, to
test the veracity of the statement made by the
witness, the statement amount to nothing.
A human right lawyer, Mr. Kanmi Ajibola, said “the
invitation by the police to Otunba Iyiola Omisore is
very wrongful and offensive. The cause of complaints
given to the police by the late Senator Adeleke had
passed off with his death. The police should be very
careful on careless and unproductive invitation like
this”. He wondered why the police have not
prosecuted the case since 2014 when it was reported
to them.
But the former Attorney General and Commissioner
for Justice in the state, Mr. Wale Afolabi, maintained
that criminal case can be prosecuted any time, even
after the death of the complainant. “Police has the
right to invite anybody for questioning once there is a
report of alleged crime. Don’t forget that the law is no
respecter of anybody. No matter highly placed, the
police have the right to invite such person for
interrogation’, Afolabi asserted.
Explaining further his initial position and the politics
behind the unusual invitation, Senator Omisore said,
“We all know that as Nigerians we are living in a
very interesting time. The culture now is to source for
scapegoats in members of the Peoples Democratic
Party (PDP) for every inaction of government. The
tragic instance in which the late former Osun State
governor, a distinguished senator of the Federal
Republic, died is still fresh in our memories,
particularly the controversy that his death generated
across the nation.
“What is also fresh in our collective memory is the
decision by the good people of Osun State to reward
the late Senator Adeleke and people of Ede by
electing his brother to complete his term in the
Senate. The people’s decision of course was carried
out by our great party, Peoples Democratic Party
(PDP).”
“Could this invitation by the police have been
anchored on the role I played as a party leader in
that election? Omisore probed. Wondering how the
police could allow themselves to be brazenly used
against the people they are expected to protect.
“Therefore, I want the public to know about the plot
and keep them informed about this sinister plot
against myself and the memory of Senator Adeleke,”
Omisore concluded.
Signed : Fakorede Jide |
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