Consequences of Resisting Arrest – Ifeanyi Odurukwe
In my line of work, I often notice how matters of a simple nature can easily be escalated to very bad cases due to the non-application of tact, strategy and wisdom, or simply just basking in blissful ignorance.
I received a call awhile ago, about a young man being brutalized by 5 police men without mercy or recourse, why?
He resisted arrest.
The Youngman was engaged in a family scuffle with the elder sister at midnight, some neighbors called the police thinking they were robbers. The police on getting to the scene discovered there had been a misrepresentation of facts but still enjoined this Youngman to accompany them to the station.
He refused, and the result was severe! This is why;
Section 261 of the Criminal Code provides that:
‘’ It is lawful for a person who is engaged in the lawful execution of any sentence, process or warrant, or in making any arrest, and for any person lawfully assisting him, To Use Such Force As May Be Reasonably Necessary To Overcome Any Force Used In Resisting Such Execution Or Arrest.’’ (Emphasis mine).
See also Section 5(1) of the Administration of Criminal Justice Law of Lagos State 2011.
The provisions above empower the police to utilize whatever force necessary and reasonable to execute their duty.
Now from this post it might that I am holding brief for the police, but I am not.
In resisting arrest, the young man ended up committing more offences in less than ten minutes, they are:
- Assaulting a police officer.
- Resisting arrest.
- Conduct likely.
He can be charged for any or all of the above, in which case his sentencing (assuming it got to that) could either be concurrent or consecutive.
We know for a fact that some police officials still do not know the value of human life or what it means to protect life and property as provided by Section 4 of the Police Act, they therefore execute the provision above with judicious arrogance and reckless abandon at the slightest provocation.
Another lacuna is that what may seem to be necessary and reasonable force varies. This therefore gives the police the opening they need to deal out beyond measure to erring citizens.
My advice:
- No matter who you are or what you think you represent, DO NOT RESIST ARREST. It worsens your case, and you could also suffer severe bodily harm in the process, so why struggle at all?
Whoever you are, the law is certainly (should) be above you. Lord Denning made this known in his much-admired dictum;
“Be you ever so high, yet the law be above you”.
- Ask for identification.
- Ask the reason for your arrest, if there’s a warrant or not.
- Call your lawyer!! Or get someone to call for you!! This is very important, if there is one person’s number you should have off hands, it is your lawyer’s number.
- Inform your lawyer of the station and division you’re being taken to, you can see this on the patrol van, or if there is none, just ask the police official.
- If you don’t have a lawyer, get one. The world is changing fast and everyone needs a lawyer, including lawyers.
Ifeanyi Odurukwe, Esq. is a Lagos based legal practitioner
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