PFIPC Scandal: Police arrest ‘fake’ DG’s father, says Femi Falana

The recent arrest of Prince Adeyemi Adeniyi’s father by Nigerian police, in connection with the ongoing Presidential Foreign Intervention Promotion Council (PFIPC) scandal, has ignited a significant legal debate concerning the legality of 'substituted arrests.' Human rights lawyer Femi Falana, SAN, has vehemently condemned the action, asserting that it lacks any legal basis under Nigerian law. This development highlights a persistent challenge in Nigerian policing practices, where relatives are sometimes detained to compel a primary suspect to surrender. Legal experts and statutory provisions, including the Police Act 2020 and the Administration of Criminal Justice Act 2015, unequivocally prohibit such arrests, emphasizing the principle of personal criminal responsibility and the fundamental right to personal liberty enshrined in the 1999 Constitution.

The intricate web of allegations surrounding the purported Presidential Foreign Intervention Promotion Council (PFIPC) has taken a new turn with the reported arrest of Prince Adeyemi Adeniyi’s father. Prince Adeyemi Adeniyi is the central figure accused of impersonating the Director-General of the non-existent council, a body the Presidency has repeatedly disowned. This latest development, confirmed by prominent human rights lawyer Femi Falana, SAN, has thrust the contentious practice of 'substituted arrests' back into the spotlight, raising critical questions about police powers, due process, and fundamental human rights in Nigeria.

The PFIPC scandal itself involves serious allegations of forgery, impersonation, and the operation of fictitious government agencies, with Prince Adeyemi Adeniyi currently facing an eight-count criminal charge before the Federal High Court in Abuja. However, the arrest of his father, seemingly as a proxy to compel his son's appearance, has shifted the legal discourse from the substantive allegations of fraud to the procedural integrity of law enforcement. This article will delve into the legal framework governing arrests in Nigeria, analyze the illegality of substituted arrests, and discuss the implications for legal practitioners and the broader justice system.

The legal landscape governing arrests in Nigeria is primarily shaped by the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Police Act 2020, and the Administration of Criminal Justice Act (ACJA) 2015. Section 35(1) of the Constitution guarantees every person the right to personal liberty, stipulating that no individual shall be deprived of their liberty except in circumstances and in accordance with procedures permitted by law. This fundamental right underpins the principle that criminal responsibility is personal and cannot be transferred or imputed to another individual based solely on association or familial ties.

Historically, the practice of 'arrest in lieu' or 'substituted arrest,' where police detain a relative or associate of a suspect to compel the suspect's surrender, has been a pervasive issue in Nigerian policing. Despite its prevalence, this practice has consistently been denounced by the courts as unconstitutional and unlawful. The enactment of the Police Act 2020 and the ACJA 2015 sought to explicitly address and prohibit such abuses of power, aiming to align police operations with constitutional safeguards and international human rights standards. These legislative reforms were intended to foster a more accountable and rights-respecting law enforcement environment.

The arrest of Prince Adeyemi Adeniyi's father is a clear instance of a 'substituted arrest,' a practice explicitly outlawed under Nigerian jurisprudence. Section 36 of the Police Act 2020 unequivocally states that "a person shall not be arrested in place of a suspect." This provision is reinforced by Section 7 of the Administration of Criminal Justice Act (ACJA) 2015, which similarly prohibits the arrest of any person in lieu of a suspect. These statutory provisions reflect a legislative intent to eradicate a long-standing abuse of police power that undermines the fundamental right to personal liberty.

Judicial pronouncements have consistently affirmed the illegality of substituted arrests. The Supreme Court of Nigeria has, in various decisions, condemned this practice as unconstitutional. A notable dictum by Justice Niki Tobi (as he then was) of the Court of Appeal, cited in legal commentaries, succinctly captures the essence of this principle: "There is no law that says that the sin of the son be visited on the mother simply because of that relationship." This judicial stance underscores that criminal liability is individual, and the state cannot punish or detain an innocent person to coerce a suspect.

Femi Falana, SAN, in condemning the arrest, highlighted the absence of any legal basis for such an action, particularly when the primary suspect, Prince Adeyemi Adeniyi, has reportedly indicated his willingness to appear in court. Legal experts concur that for the arrest of a relative to be lawful, there must be independent evidence linking that individual to the alleged offense, making them a suspect or a person of interest in their own right. Without such a direct link, the arrest constitutes a violation of fundamental rights, including the right to personal liberty and the presumption of innocence.

The PFIPC scandal itself involves allegations of Prince Adeyemi Adeniyi forging appointment documents, operating fictitious government agencies, and fraudulently opening bank accounts. While these are serious charges, the method of apprehending his father risks overshadowing the substantive issues and eroding public trust in the rule of law. The Police Act 2020 also mandates that police officers notify the next-of-kin or relative of a suspect's arrest, a provision designed to ensure transparency and prevent arbitrary detention. The reported circumstances of the father's arrest, involving multiple vehicles and leaving the mother in shock, further exacerbate concerns about police adherence to established procedures.

The arrest of Prince Adeyemi Adeniyi's father in connection with the PFIPC scandal serves as a stark reminder of the persistent challenge of unlawful 'substituted arrests' within the Nigerian policing system. Despite clear constitutional provisions, explicit statutory prohibitions in the Police Act 2020 and the ACJA 2015, and consistent judicial condemnation, this practice continues to surface. For legal practitioners, this incident underscores the critical need to remain vigilant in defending fundamental human rights and to actively challenge any instances of unlawful detention.

Practitioners should be prepared to invoke the Fundamental Rights Enforcement Procedure Rules 2009 to seek redress for victims of such unconstitutional arrests, emphasizing the urgency required in cases involving personal liberty. This case also highlights the broader imperative for continuous legal education and oversight within law enforcement agencies to ensure strict adherence to the rule of law. The Nigerian Police Force must internalize and enforce the principles of personal criminal responsibility to foster public confidence and uphold the integrity of the criminal justice system. The legal community must continue to advocate for accountability and reform to prevent such abuses from undermining the constitutional rights of citizens.