Abuja Lawyer Faults Police Over Reaction To COZA Pastor Sex Scandal

An Abuja based lawyer and human right activist, Mr. Pelumi Olajemgbesi has faulted the position of the Nigerian Police over the rape allegations against the global senior pastor of the Commonwealth of Zion Assembly (COZA)

Olajemgbesi in a statement sent to Nigerian Cable News online on behalf of the Coalition of public interest lawyers and advocates (COPA), described the Police’s position as faulty in law, questionable, unacceptable, illogical and utterly in disregard of the position of the law on such matters.

Below is the full text of the statement unedited:

PRESS RELEASE BY COALITION OF PUBLIC INTEREST LAWYERS AND ADVOCATES (COPA) IN REACTION TO NIGERIA POLICE FORCE’S RESPONSE TO TAKE ACTION ON THE BIODUN FATOYIMBO RAPE ALLEGATIONS.

COPA read with great consternation and disbelief the response of the Nigeria Police Force to the sordid allegation of rape against one Pastor Biodun Fatoyimbo of COZA, especially as public outrage has intensified with the calls that the Force undertake a thorough investigation of the claims made by Mrs. Busola Dakolo, victim, against the alleged perpetrator of rape, Pastor Biodun Fatoyimbo.

The Police Force’s response through a Commissioner of Police, Mr. Bala Mohammed is a reaction that is faulty in law, questionable, unacceptable, illogical and utterly in disregard of the position of the law on such matters.

Mr. Ciroma claims the Nigeria Police Force can only intervene and investigate the matter when there is a complaint made by the victim or witness at the scene of the crime, a position that clearly negates the essence of the Police Force and its determining objectives as keepers of the peace and order of Nigeria and Nigerians.

Section 4 of the Nigeria Police Act establishes the Police Force’s general duty which is to effect to prevent crime,  apprehend offenders and most importantly ensure law and order in the society.

Section 4 of the Act is reproduced below verbatim:

“The Police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of this or any other Act.”

It is important to state that if the Nigeria Police must perform the object of preservation of law and order in the society, the Police must be proactive to resolve issues and controversy that border on crime.

To hypothesize – is it logical for the Nigeria Police to say that a person who is suspected to be a kidnapper or a member of a proscribed organization such as Boko Haram, who is reported in the news to be living and working freely in the society, that the Police will be in need of an official complain to invite the suspect and investigate such a person?

Let it be clear to the Nigeria Police Force that complaint could come in any form and that the general public’s outcry and complaints in the media is a sufficient spur to galvanize men of the Nigeria Force into action.  A measure of an effective policing agency is reflected by its synchronicity with criminal matters that have gained public traction and that requires urgent investigation even without a formal complaint laid before the agency.

A critical analysis of Section 24 of the Police Act, with a combined reading  of Section 4 of same have imposed vigilance and diligence on the Nigeria Police Force to protect the Nigeria citizens in a manner that is preventive and proactive.

In many matters long past,  the Police Force have been noted to invite certain persons to question same over matters not yet formally brought to it by a complainant. This is surely the way to go in this instance as the heated polity over this issue shows that there is indeed an urgent need to assuage public sentiments and concerns given the rather protracted and repetitive nature of the allegations of culpable sexual harassment by Pastor Biodun Fatoyimbo.

Being a criminal matter, in any case, puts it squarely within the Nigeria Police Force’ s operational purview and as such demands immediate action be taken on it.

COPA maintains its position and demands made in the earlier missive released to the public on this matter and will continue to carry out behind-the-scenes diligence in ascertaining the truth behind this allegation with a mind to see it to its logical conclusion in justice and remedy.

Thank you.

Pelumi Olajengbesi Esq.
Convener
Coalition of Public Interests Lawyers and Advocates, COPA.