lexy2014:


U haven't answered my questions:

1. Why was it wrong to have prevented the CP from entering the estate?

2. What law justifies the actions of the CP?

3. How does the secrecy of the DSS exempt it from the rights of the police?
What are those rights?

4. When is "working hours" for the police? At what time did the CP attempt to enter the estate?

5. Can u quote verbatim the law that says that "the CP is empowered by law to enter that estate at working hours"?

Listen to d estate’s defense. They denied preventing the CP. they say they were trying to assist the CP! Why? Cos dey know preventing the CP is big fvckup. Then they started begging up and down. If they know they are right, why are they begging? They can afford FEMI Falana and go up to d Supreme Court. They know their case is weak. U are d one just arguing blindly

festacman:
People get overly emotional and even hypocritical over this issue because a police officer is involved.

1. The Commissioner of Police Odumosu didn't need to give advance information of his coming to the Estate security men because it would be stupid to for him state his movement. Of course, giving such information would require the CP's security details to secure the Estate gate security until he arrives.

2. On arrival at the Estate gate and having PROPERLY identified himself as CP of Lagos State, he ought to have been allowed in immediately. Keeping him at the gate is unnecessarily exposing him to possible attack by criminals. Even a military formation would know better than keep a properly identified CP exposed to danger at its entry point.

3. CP Odumosu didn't need to tell the Estate security men the exact house he was going to before being allowed in. That's a classified information until his details secures the house for his safety.

4. Deliberately tagging the CP's visit as social to denigrate him is pure IGNORANCE because even a 'common' DPO is always listening to his radio equipment and giving directives anywhere he is. The fact is that when not on official leave, a CP is at work everywhere and every time.

5. I doubt if the police singled out that widow for arrest for nothing. She may have jumped into the matter and said unsavoury things. Being a resident in an Estate, I am familiar with some 'radical' busybody residents that would jump into issues without complete knowledge.

6. This is not the first gated estate that the CP has had cause to visit in Lagos. The truth is this incident was avoidable if only the Estate security was more professional and less power-conscious. Their unprofessional attitude activated power-tussle mode in the OFFICIAL state police force to show their constitutional superiority. The irony in this drama is that when armed criminals show up at the Estate, it is the official state police men that are called in to risk their lives.

7. By the way, is an estate which has individually-owned houses a private property or a community? If Magodo Brooks is NOT owned and rented out by one person as its private owner, is there any difference between this Estate and for example Ajegunle in the eyes of the law?

8. Yes, Nigeria police has many outright criminals as members but it is still the only one we have to enforce law and order and maintain security.

You sound Like a baby and that's why I will just lock up ... No be lie

Ask yourself

Does the power drunk CP live in the estate?

What was his mission there?

Identified himself? Okay.... So I can't confirm from the resident that you are in your way to him?

Was he there to arrest someone ?

Guy mine yourself o

If I was the estate owners association, I will take this fool and the resident he came to visit to court. I no believe in this rubbish plea

Merry christmas bro

lexy2014:


I haven't made any claim. U are d one making claims. Based on your claims, Can u quote the law in Nigerias statute books that gives the police blanket right to "enter the estate at anytime of the day without let or hindrance"?

You're getting it wrong. There shouldn't even be a wall and a gate preventing people from entering the street leading to houses in the estate. For most of us who are exposed, the issue isn't even that a police officer was stopped, it is the audacity of private citizens to build a gate.

JohnBullMySon:
It is. Most estates are legally co owned private property. They are not like your regular street. That's why you can be prevented from entering.

You can prevent anybody from entering but they no born anybody well to prevent the CP of a state. You dey mad?¿

Plantiff:


You're getting it wrong. There shouldn't even be a wall and a gate preventing people from entering the street leading to houses in the estate. For most of us who are exposed, the issue isn't even that a police officer was stopped, it is the audacity of private citizens to build a gate.

U haven't answered my question:

Can u quote the law in Nigerias statute books that gives the police blanket right to "enter the estate at anytime of the day without let or hindrance"?

Krismas:
Listen to d estate’s defense. They denied preventing the CP. they say they were trying to assist the CP! Why? Cos dey know preventing the CP is big fvckup. Then they started begging up and down. If they know they are right, why are they begging? They can afford FEMI Falana and go up to d Supreme Court. They know their case is weak. U are d one just arguing blindly

U haven't answered my questions:

1. Why was it wrong to have prevented the CP from entering the estate?

2. What law justifies the actions of the CP?

3. How does the secrecy of the DSS exempt it from the rights of the police?
What are those rights?

4. When is "working hours" for the police? At what time did the CP attempt to enter the estate?

5. Can u quote verbatim the law that says that "the CP is empowered by law to enter that estate at working hours"?

getemail:


The estate is not a private property. And the security at the gate aired.

Exactly. An estate is not a private property. They only private poor petty is a parameter fenced compound or a compound. You can’t be entering an estate and say it’s a private property. I don’t know how Nigerians think.

WillyDave:


You can prevent anybody from entering but they no born anybody well to prevent the CP of a state. You dey mad?¿

Why can't he be prevented from entering?

Daboomb:


Maybe you are the same person above, because the ignorance is infectious!

So, Police can FORCEFULLY enter any PRIVATE property, at anytime but need a search warrant only when they want to search the property!

The above then raises a simple question (assuming what you said was right) : What will be the purpose of such forceful entry (without Warrant) into a private property? Perhaps to view the beauty inside?

FORCEFUL ENTRY into a private property only presupposes two things: to Search or to make an Arrest ...... and both things Need a WARRANT.

I dont know how to explain to you guys anymore, l guess it has to do with your mindset of "once it is the Police, they are above the law" and in that mentality, l cant help you.

All those statement about C/O shows you have no idea of what it looks like. Go and get one and read it!
Infact, when it comes to Land, it is a valid "Proof of Ownership".

BTW, Land use Charge is a form of tax, it does not take away from the Rights of a Land Owner

U do not own the land, u only own the house. Why pay tax for wot u own? The police can come to interrogate u in ur house. They can physically come and invite u to d station. Its not forceful. They have a right to come into ur house

JohnBullMySon:
I don't blame you. you are simply one among many ignorant Nigerians who have no knowledge of their rights and believe the government should act like a medieval kingdom.

Aso rock (Specifically the president's house) and your private homes are legally both private residences. Nobody including policemen not on assignment, can enter without permission. It's as simple as that.

See how u are comparing aso Villa with ordinary estate. Will u keep quiet!

lexy2014:


All your grammar hasn't answered my question:

How does everything that u say he has said justify the actions of the CP?

Thats not my Grammer. I only quoted from the IGs press release.
Ok you are right. Everything he said does not justify the actions of the CP.

Benwems:


Exactly. An estate is not a private property. They only private poor petty is a parameter fenced compound or a compound. You can’t be entering an estate and say it’s a private property. I don’t know how Nigerians think.

Don't mind them, Nigerians just like to claim unnecessary rights.

The roads, streets, street light in the estate or anywhere else belongs to the government. The estate is a small section of the public making it a public area.

The security guard was just silly to have stopped the number 1 security guard of the state on what ever excuse.

The cp was on his official car, and official escorts yet they are claiming he came for owambe... even at that who decides when the cp is on official duty or not. The cp can decide to be on duty even inside his own toilet.

Security is a 24/7 job... and the guard is silly for putting the number 1 security officer of the state in potential danger.

Sunday2021:
try and get the full story before making a comment. You have heard from the estate management, pls try and hear from the police before making your judgement.

hear what? I thought they police were first to debunk? Even if it was reeking of stench like ur mouth and anus..

lexy2014:



U haven't answered my questions:

1. Why was it wrong to have prevented the CP from entering the estate?

2. What law justifies the actions of the CP?

3. How does the secrecy of the DSS exempt it from the rights of the police?
What are those rights?

4. When is "working hours" for the police? At what time did the CP attempt to enter the estate?

5. Can u quote verbatim the law that says that "the CP is empowered by law to enter that estate at working hours"?

working hours is from 8am to 4pm. I can’t give u d section of d police act, I don’t have it off hand. But it’s there. Instead of asking repeatedly, I expect u to quote the portion dat say the CP cannot enter d estate. The DSS is a secret force and their operations is not as broad as d police. Infact they mostly spies. And operate best by using hidden identities.

nedekid:

Thats not my Grammer. I only quoted from the IGs press release.
Ok you are right. Everything he said does not justify the actions of the CP.

It's not the IGs press release. The IG has no business in this matter. The press release was issued by the PRO of Lagos command.

I didn't make any claims of right or wrong. I only made an inquiry

lexy2014:


Still doesn't answer d question:

What's wrong with stopping a commissioner of police?

Nothing, feel free to stop the IG or police. I concur with you, nothing is wrong in stopping a commissioner of police.

Krismas:
working hours is from 8am to 4pm. I can give u d section of d police act, I don’t have it off hand. But it’s there. Instead of asking repeatedly, I expect u to quote the portion dat say the CP cannot enter d estate. The DSS is a secret force and their operations is not as broad as d police. Infact they mostly spies. And operate best by using hidden identities.

If working time is 8am to 4pm, kindly answer the follow up question in question 4 below. Meanwhile, u are yet to answer questions 1, 2, 3 and 5:

1. Why was it wrong to have prevented the CP from entering the estate?

2. What law justifies the actions of the CP?

3. How does the secrecy of the DSS exempt it from the rights of the police?
What are those rights?

4. When is "working hours" for the police? At what time did the CP attempt to enter the estate?

5. Can u quote verbatim the law that says that "the CP is empowered by law to enter that estate at working hours"?

nedekid:

Nothing, feel free to stop the IG or police. I concur with you, nothing is wrong in stopping a commissioner of police.

What are u concuring to? Are u concuring to a question?

lexy2014:


Can u quote the exact law that says that if u disrupt a police, u can be arrested?

What violation of law did the CP see that was ongoing in the estate that he wanted to go inside the estate to intervene?

What you call estate or brook's estate is not an estate. Its a section of magodo area where some residents decided to mount a gate on a public road. It is within the rights of the CP, you and I or any other person to go there. Unfortunately many have accepted the narrative that it is a private estate which is far from fact.

Back to your question : Section 39 of the police act states this regarding obstructing a police officer in carrying out his duty. Mind you patrolling the streets is part of the duty of a police officer:

39. Assault on police officer
Every person who assaults, [b]obstructs [/b]or resists any police officer in the execution of
his duty, or aids or incites any other person so to assault, obstruct or resist any police officer or any person aiding or assisting such police officer in the execution of his duty,
shall be guilty of an offence and, on summary conviction thereof before a magistrate,
shall be liable to a penalty of fifty naira or to imprisonment for a term of six months.

lexy2014:


It's not the IGs press release. The IG has no business in this matter. The press release was issued by the PRO of Lagos command.

I didn't make any claims of right or wrong. I only made an inquiry

Sorry, that press release was from the pro, who is basically the spokes person for the Lagos CP.
Maybe lawyers on this forum can explain/ educate us better the laws concerning stopping the CP or police.

tshtsh:

What you call estate or brook's estate is not an estate. Its a section of magodo area where some residents decided to mount a gate on a public road. It is within the rights of the CP, you and I or any other person to go there. Unfortunately many have accepted the narrative that it is a private estate which is far from fact.

Back to your question : Section 39 of the police act states this regarding obstructing a police officer in carrying out his duty. Mind you patrolling the streets is part of the duty of a police officer:

39. Assault on police officer
Every person who assaults, [b]obstructs [/b]or resists any police officer in the execution of
his duty, or aids or incites any other person so to assault, obstruct or resist any police officer or any person aiding or assisting such police officer in the execution of his duty,
shall be guilty of an offence and, on summary conviction thereof before a magistrate,
shall be liable to a penalty of fifty naira or to imprisonment for a term of six months.

It seems that u didn't read the law u quoted. Pls which duty was the CP on as at the time he visited the estate?

What has street patrol got to do with the discussion?

Meanwhile, What violation of law did the CP see that was ongoing in the estate that he wanted to go inside the estate to intervene?

This fortunate monkey is lucky he's in Lagos and not in the East. He would've been bush meat..

lexy2014:


U haven't answered my question:

Can u quote the law in Nigerias statute books that gives the police blanket right to "enter the estate at anytime of the day without let or hindrance"?

Section 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides to the effect that every Nigerian has the right to move freely anywhere in Nigeria.

By virtue of Section 4(g) of the Police Act 2020, the police force shall facilitate the free passage of streets open to the public.

Section 13 (b) of the Police Act 2020, further singles out the Commissioner of Police of A State and makes him directly responsible for the provision aforementioned in Section 4(g) of the Police Act 2020 above.

By virtue of sections 18 1(b) and (C) of the Administration of Criminal Justice Law of Lagos, 2015 (as amended in 2021) a police officer is mandated to arrest a suspect who commits an offence in the officer's presence or a person who obstructs the police officer while executing his duty without an arrest warrant.

The police does not only have power to access the public passage blocked with gates (which in itself is unconstitutional ) but also has the duty to arrest the private security guards and the woman for the interest of Justice.

In other words the Residents association were saying they were there and we're witnesses when the incident happened. Who are they speaking for. They are not serious

lexy2014:


If working time is 8am to 4pm, kindly answer the follow up question in question 4 below. Meanwhile, u are yet to answer questions 1, 2, 3 and 5:

1. Why was it wrong to have prevented the CP from entering the estate?

2. What law justifies the actions of the CP?

3. How does the secrecy of the DSS exempt it from the rights of the police?
What are those rights?

4. When is "working hours" for the police? At what time did the CP attempt to enter the estate?

5. Can u quote verbatim the law that says that "the CP is empowered by law to enter that estate at working hours"?

U know Nairaland is not a court of law. If ur question 1-5 is right, I challenge d estate to get a lawyer and sue d CP.

Plantiff:


Section 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides to the effect that every Nigerian has the right to move freely anywhere in Nigeria.

By virtue of Section 4(g) of the Police Act 2020, the police force shall facilitate the free passage of streets open to the public.

Section 13 (b) of the Police Act 2020, further singles out the Commissioner of Police of A State and makes him directly responsible for the provision aforementioned in Section 4(g) of the Police Act 2020 above.

By virtue of sections 18 1(b) and (C) of the Administration of Criminal Justice Law of Lagos, 2015 (as amended in 2021) a police officer is mandated to arrest a suspect who commits an offence in the officer's presence or a person who obstructs the police officer while executing his duty without an arrest warrant.

The police does not only have power to access the public passage blocked with gates (which in itself is unconstitutional ) but also has the duty to arrest the private security guards and the woman for the interest of Justice.

Chai. U must be a lawyer!

CannibalTorment:
It was obvious the CP lied

and we should believe you cos u hate police right??

Plantiff:


Section 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides to the effect that every Nigerian has the right to move freely anywhere in Nigeria.

By virtue of Section 4(g) of the Police Act 2020, the police force shall facilitate the free passage of streets open to the public.

Section 13 (b) of the Police Act 2020, further singles out the Commissioner of Police of A State and makes him directly responsible for the provision aforementioned in Section 4(g) of the Police Act 2020 above.

By virtue of sections 18 1(b) and (C) of the Administration of Criminal Justice Law of Lagos, 2015 (as amended in 2021) a police officer is mandated to arrest a suspect who commits an offence in the officer's presence or a person who obstructs the police officer why executing his duty without an arrest warrant.

The police does not only have power to access the public passage blocked with gates (which in itself is unconstitutional ) but also has the duty to arrest the private security guards and the woman for the interest of Justice.

Based on section 41 of the constitution so quoted, are u saying that any Nigerian can walk into aso rock or the police headquarters in abuja and be "moving freely" quoting that law?

In Section 4(g), was the street in question open to the public? Also take note of the word "facilitate". Was the CP facilitating or carrying out this function as at the time he visited the estate?

When u say that by reason of "sections 18 1(b) and (C) of the Administration of Criminal Justice Law of Lagos, 2015 (as amended in 2021) a police officer is mandated to arrest a suspect who commits an offence in the officer's presence or [b] a person who obstructs the police officer why executing his duty without an arrest warrant, can u pls tell me the arrest the CP was effecting and the offence that was committed?

Krismas:
U know Nairaland is not a court of law. If ur question 1-5 is right, I challenge d estate to get a lawyer and sue d CP.

All the questions are a follow up to d claims u made on nairaland and not in a court of law. So kindly oblige us:

If working time is 8am to 4pm, kindly answer the follow up question in question 4 below. Meanwhile, u are yet to answer questions 1, 2, 3 and 5:

1. Why was it wrong to have prevented the CP from entering the estate?

2. What law justifies the actions of the CP?

3. How does the secrecy of the DSS exempt it from the rights of the police?
What are those rights?

4. When is "working hours" for the police? At what time did the CP attempt to enter the estate?

5. Can u quote verbatim the law that says that "the CP is empowered by law to enter that estate at working hours"?

JohnBullMySon:
I like the fact that you try to be objective but still your points are very biased and obviously trying to justify the police.

Firstly, you should know that hotel and estate security don't joke with unauthorized entry. They get sacked and can enter jail due to a resulting crime. Hotel security once prevented DSS from arresting Suleiman till Fayose came to intervene. That is stupid bravery though considering the power these agencies have officially and unofficially.

Secondly estate is shared private property not public ground as the police is claiming. Any policeman without a warrant as well as military officer not on official assignment has no right to enter anyone's private property without informing the owners. That's why the estate is making it clear that he came for a social function.

Lastly I know the estate too is lying by saying that they were assisting him. That's a big lie because that wouldn't lead to any arrest. The security men were likely preventing him because he did not disclose his intentions to them. But legally they're right.

So whether you look at it emotionally or objectively. The Policeman is very wrong here. Estate is private property not public space.

if they estate security people used common sense they shouldn't have denied the commissioner of police entry... Not after he identified himself... Oga of police in d State oooo...

JohnBullMySon:
When that incident happened. Hotel security asked DSS what they came for. They were not told anything. If they had a warrant, they would simply show it. They didn't have one and it's not the first time. Wike also stopped them from arresting a Judge without warrant back then, when Buhari was going crazy.

Ask yourself, Can that AIG enter Aso villa uninvited simply because he is a high ranked officer? He would simply be arrested for intruding.

aso Villa is a different place make Ina node mix oil and stones together...

lexy2014:


Based on section 41 of the constitution so quoted, are u saying that any Nigerian walk into aso rock or the police headquarters in abuja quoting that law?

In Section 4(g), was the street in question open to the public? Also take note of the word "facilitate". Was the CP facilitating or carrying out this function as at the time he visited the estate?

When u say that by reason of "sections 18 1(b) and (C) of the Administration of Criminal Justice Law of Lagos, 2015 (as amended in 2021) a police officer is mandated to arrest a suspect who commits an offence in the officer's presence or [b] a person who obstructs the police officer why executing his duty without an arrest warrant, can u pls tell me the arrest the CP was effecting and the offence that was committed?

It either you're willfully ignorant or your brain is simply thick. I'm seriously losing my cool

The road is not a "private property" simply because the residents have decided to build walls and mount gates to segregate others.

It's like saying public offices are boutiques because civil servants display their wares for sale or that roads blocked during big church programs belong to the church because they can block it anytime.

The gate is illegal and unconstitutional in the first place. That's what I've been saying from the beginning.