The Police And Prosecution For Unlawful Killing

By Justice Helen Ogunwumiju

The point l 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 the immediate consequences of their actions.

The erroneous belief of Police officers about their immunity from prosecution and the sense of impunity has once again been shattered by the High Court of Lagos State in Bolanle Raheem’s case. The point l 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 the immediate consequences of their actions. All they see is that their colleagues involved in such incidents are given Orderly Room Trials, if they are junior officers, and are 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 defendants had been charged and sentenced to death at the trial court.

Invariably by the time the cases/appeal processes come to an end, Police officers and members of the public would have forgotten the incidents. 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 Raheem’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 l can remember off the cuff in the last couple of years, where the Supreme Court had 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. In P.C Henry Ekum v. The State – Appeal No. SC.1103/2017, reported in (2022) LPELR-57683(SC), delivered on 13th May, 2022, the following happened: On 23 October, 2010, at Number 24 Ochedore Street, Four Corners, Ikom in Calabar, Cross River State, the appellant (a Police officer) murdered one Ebam Takim Obiba by shooting him on 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. Onyebucho Onwunze v. The State – Appeal No. SC.215/2017, delivered on 2nd December, 2022. On 25th of March, 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, the following happened: On Sunday 16th October, 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 several times 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. The State – Appeal No. SC.562/2014 reported in  2017) LPELR-43714delivered on 8th December, 2017, the following happened: On 23rd March, 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 18th January, 2019, the following happened: On 27th November, 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 the 16th day of February, 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 fine. The sentence was affirmed by the Supreme Court.

Helen Moronkeji Ogunwumiju is a justice of the Supreme Court of Nigeria.

This is the text of a paper shared with the National Association of Women Judges.