By Mustapha Babalola Toheeb.

Seun, the youngest child of the illustrious Afrobeats pioneer Fela Kuti, was seen on camera slapping a police officer who remained calm all through the scuffle.

According to reports, the tragedy happened on Lagos’ Third Mainland Bridge on the evening of May 13, 2023.

His actions has generated a lot of reactions from people and majority of them has condemned the act and call for his arrest but the question remains whether it’s lawful or not to assault a police officer?

It’s important to note that assault of police officers is a felony punishable with at least six months jail term. Infact, resisting arrest or obstructing a police officer from doing his duty is as well an offence punishable by law.

This has received statutory blessings in the Nigeria Police Act of 2020.

Section 98 of the Nigerian Police Act of 2020 provides as follows:

“A person who assaults, obstructs or resists a police officer in the discharge of his duty, or aids or incites any other person to assault, obstruct or resist a police officer or other person aiding or assisting the police officer in the discharge of his duty, commits an offence and is liable on conviction.”

According to Section 356 of the Criminal Code Act, attacking a police officer is a serious offence and all the incidents highlighted above can be regarded as a felony.

Therefore, the act of locking officers in your vehicle, dragging or holding their uniforms out of anger, and resisting or obstructing arrest are termed serious assaults punishable with at least three years jail term.

Section 356 of the Criminal Code identifies the following actions as serious assaults.

Any person who:

Assaults another with intent to commit a felony, or with intent to resist or prevent the lawful arrest or detention of himself or of any other person; or
Assaults, resists, or wilfully obstructs a police officer while acting in the execution of his duty, or any person acting in aid of a police officer while so acting; or
Unlawfully assaults, resists, or obstructs, any person engaged in the lawful execution of any process against any property, or in making a lawful distress, while so engaged; or
Assaults, resists, or obstructs any person engaged in such lawful execution of process, or in making a lawful distress, with intent to rescue any property lawfully taken under such process or distress; or
Assaults any person on account of any act done by him in the execution of any duty imposed on him by law; or
Assaults any person in pursuance of any unlawful conspiracy respecting any manufacture, trade, business, or occupation, or respecting any person or persons concerned or employed in any manufacture, trade, business, or occupation, or the wages of any such person or person.
Any person involved in the acts stated above is guilty of a felony and is liable to imprisonment for three years.

Similarly, under the Penal Code Act, Section 265 defines assault as the intentional and unlawful application of force to the person of another, or the intentional demonstration of force in a threatening manner.

Assaulting a police officer in the execution of their lawful duty is a more severe offence, often classified as a higher degree of assault. The penalties for assaulting a police officer may include imprisonment and fines.

It is important to note that assaulting a police officer can have serious consequences beyond the legal penalties.

Police officers play a crucial role in maintaining law and order, protecting citizens, and upholding justice. Assaulting them undermines their authority, hinders their ability to perform their duties effectively, and can lead to a breakdown of law and order.

In conclusion, assaulting policemen is a serious offence under Nigerian law. The law provides legal protection for police officers in the execution of their duties, and those who assault police officers can face criminal charges and penalties. However, it is crucial to balance the need for law and order with the promotion of accountability and the protection of citizens’ rights.

ABOUT THE AUTHOR

Mustapha Babalola Toheeb SABUK, COL is a final year student of Faculty of Law, Bayero University, Kano. He can be reached via 08106244073.