Accountability must run both ways
By Okechukwu Nwanguma
The arraignment of Mr. Peter Okwuokei before a court on allegations of cybercrime has introduced a new dimension to a case that has generated considerable public interest and controversy in Delta State.
With the matter now before the court, it is appropriate that the judicial process be allowed to take its course. The court will determine whether the allegations against him are substantiated by credible evidence and whether he bears criminal responsibility for any offence charged.
The fact that Mr. Okwuokei has now been formally charged should put to rest any suggestion that concerns about police conduct were intended to shield him from accountability. They were not.
Accountability is not a one-way street.
A citizen accused of committing an offence must answer to the law. Equally, police officers accused of misconduct must answer to the law and to the disciplinary mechanisms established to regulate their conduct.
The two issues are distinct and must not be conflated.
The decision to prosecute Mr. Okwuokei does not erase the serious allegations that have been made against officers of the Anti-Kidnapping Unit of the Delta State Police Command. Nor does it relieve the Nigeria Police Force of its responsibility to investigate those allegations thoroughly and impartially.
Throughout this matter, questions have been raised regarding the role of the Anti-Kidnapping Unit in a dispute that appears unrelated to kidnapping, allegations of extortion and payments connected with detention and release, the continued retention of property, arbitrary conditions allegedly imposed for the release of a vehicle, and conduct suggesting possible abuse of police powers.
There are also allegations concerning the collection of money by police officers in connection with the release of seized property and questions regarding actions taken after complaints about police conduct became public.
These allegations may ultimately be established or disproved through investigation. However, they cannot simply be ignored because the complainant has now been charged before a court.
Indeed, one of the most dangerous tendencies in accountability processes is the assumption that once a suspect is found to have committed, or is alleged to have committed an offence, any misconduct by law enforcement officers becomes irrelevant. That is not how the rule of law works.
Police misconduct does not become lawful because the victim is accused of a crime. Extortion remains extortion even if committed against a suspect. Unlawful detention remains unlawful even when the detainee is later prosecuted. Abuse of office remains abuse of office regardless of the character or conduct of the person affected.
The legitimacy of law enforcement depends not only on the ability of police to investigate and prosecute crime but also on their willingness to obey the law while doing so.
This is why accountability must run both ways.
If the allegations of cybercrime against Mr. Okwuokei are proven, he should face the legal consequences prescribed by law. At the same time, if investigations establish that any police officers demanded money, abused bail procedures, unlawfully retained property, misused their authority, or engaged in any other form of misconduct, they too should face appropriate disciplinary and legal consequences. Anything less would amount to selective accountability.
The Inspector-General of Police should therefore ensure that the criminal proceedings against Mr. Okwuokei does not become a convenient excuse for abandoning scrutiny of police conduct.
The allegations against the officers involved should be independently investigated. The findings should be transparent. Where misconduct is established, disciplinary measures should follow.
Such action would not undermine the prosecution of the criminal case. On the contrary, it would strengthen public confidence in the integrity of the justice system.
A justice system worthy of public trust must be capable of holding both citizens and state officials accountable for their actions.
That is the essence of the rule of law.
No citizen should be above the law.
No police officer should be above it either.
Nwanguma is the executive director of Rule of Law and Accountability Advocacy Centre. He writes from Lagos
