Streetlaw

RE: SHOOT AT SIGHT FOR BALLOT BOX
SNATCHERS

(1). UNITED NATIONS BASIC PRINCIPLES ON THE USE OF FORCE AND FIREARMS BY LAW ENFORCEMENT OFFICIALS

Principle 2 – Governments and law enforcement agencies should develop a range of means as broad as possible and equip law enforcement officials with various types of weapons and ammunition that would allow for a differentiated use of force and firearms. These should include the development of non-lethal incapacitating weapons for use in appropriate situations, with a view to increasingly restraining the application of means capable of causing death or injury to persons. For the same purpose, it should also be possible for law enforcement officials to be equipped with self-defensive equipment such as shields, helmets, bullet-proof vests and bullet-proof means of transportation, in order to decrease the need to use weapons of any kind.

Principle 4 – Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms. They may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result.

Principle 5 – Whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall: (a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved; (b) Minimize damage and injury, and respect and preserve human life; (c) Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment; (d) Ensure that relatives or close friends of the injured or affected person are notified at the earliest possible moment.

Principle 7 – Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence under their law.

Principle 8 – Exceptional circumstances such as internal political instability or any other public emergency may not be invoked to justify any departure from these basic principles

Principle 9 – Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.

Principle 10 – In the circumstances provided for under principle 9, law enforcement officials shall identify themselves as such and give a clear warning of their intent to use firearms, with sufficient time for the warning to be observed, unless to do so would unduly place the law enforcement officials at risk or would create a risk of death or serious harm to other persons, or would be clearly inappropriate or pointless in the circumstances of the incident.

Principle 24 – Governments and law enforcement agencies shall ensure that superior officers are held responsible if they know, or should have known, that law enforcement officials under their command are resorting, or have resorted, to the unlawful use of force and firearms, and they did not take all measures in their power to prevent, suppress or report such use.

Principle 25 – Governments and law enforcement agencies shall ensure that no criminal or disciplinary sanction is imposed on law enforcement officials who, in compliance with the Code of Conduct for Law Enforcement Officials and these basic principles, refuse to carry out an order to use force and firearms, or who report such use by other officials.

Principle 26 – Obedience to superior orders shall be no defence if law enforcement officials knew that an order to use force and firearms resulting in the death or serious injury of a person was manifestly unlawful and had a reasonable opportunity to refuse to follow it. In any case, responsibility also rests on the superiors who gave the unlawful orders.
From
Nonso Attoh

(2). Hon Justice Onu, J.S.C said in IBIKUNLE V. STATE  (2007) 2 NWLR (Pt.1019) 546,

“I am in agreement with the respondent that these statutory defences implied in these provisions set out above cannot avail the appellant, more so THAT NONE OF THEM GRANTED HIM A LICENSE TO SUMMARILY EXECUTE THE DECEASED EXTRA JUDICIALLY. Even if the deceased were to be a thief or a person of dubious character, which the evidence on record does not disclose him as one, the provisions of the Constitution and Criminal Procedure Law (ibid) quoted above DID NOT LICENSE THE APPELLANT TO BE THE COMPLAINANT, INVESTIGATOR, JUDGE AS WELL AS EXECUTIONER, ALL ROLLED INTO ONE… It is a misconception of the provisions of Section 7(1) and (2) of the Criminal Procedure Law (CPL) for the appellant to contend that the use of firearm was reasonable in the circumstances of this case. Even if the deceased were to be a thief or a person of dubious character, a fact not disclosed on the record, the provisions of the Constitution and the Criminal Procedure Law (ibid), did not license the appellant to be the complainant, investigator, as well as the Judge and executioner, all rolled into one… THE USE OF THE FIREARM WAS TOTALLY UNREASONABLE, HIGHLY INTIMIDATING AND UNCALLED FOR IN THE CIRCUMSTANCES OF THIS CASE. This is because as found by the court below, the deceased did not pose any scintilla of danger to the appellant. It was mischievous and unreasonable for the appellant to break the window of the deceased’s apartment, threw teargas into the room and then jumped into the apartment to callously release or pump bullets into the deceased.
(capitalization supplied for emphasis)
From
NONSO ATTOH

(3). W. S. N. ONNOGHEN, J.S.C, stated in IBIKUNKE V. STATE (2007) 2 NWLR (pt 1019) 546

“The law does not permit or license any person, be he a policeman or soldier or otherwise to be the complainant, investigator, Judge and executioner all at the same time. In the circumstance of this case and particularly having regard to the provisions of section 33(2)(b) of the 1999 Constitution and section 7(1) and (2) of the Criminal Procedure … appellant has no legal right to summarily execute any person who refuses him ingress into an apartment that he believes a suspect is hiding…. I am compelled by the facts and circumstances of this case coupled with the now notorious extra judicial killings of innocent people by some members of the Nigeria Police to condemn the inability of some members of the police force to realize that the foundation of the police institution is preservation of life and property.”

From NONSO ATTOH

Source:

https://thenigerialawyer.com/limitations-to-the-right-to-life-and-the-use-of-force-against-violators-of-electoral-law-by-nonso-robert-attoh/