Extrajudicial killings: Court hears case to repeal Police Force Order 237

Extrajudicial killings: Court hears case to repeal Police Force Order 237

The Federal Hight Court on Thursday heard arguments on a suit seeking to repeal Police Force Order 237 made under the Police Act.

The Order is said to allow policemen to shoot any suspect who tries to escape arrest or detention whether or not the suspect poses any threat to life. The suit challenges the Order as being too broad and a contravention of section 33 of the constitution.

The plaintiff,  LEDAP -Legal Defence and Assistance Project, contends in the suit that contrary to section 33 of the 1999 Constitution that protects the right to life as well as other international standards on the police use of force, especially on the principle of proportionality, this regulation broadly permits police officers to shoot suspects and detainees who attempt to escape or avoid arrest – whether or not the detainee poses a threat to life. In practice, Force Order 237 is often used to justify shootings, with an officer able to use a gun and then claim it was necessary because a detainee was attempting to escape.

Section 3 (d) and (e) of Force Order 237 provide that police can shoot a suspect:

(d) if he cannot by any other means arrest a person who being in lawful custody escapes and takes to flight in order to avoid re-arrest,  provided the offence with which he is charged or has been convicted of is a felony or misdemeanor
(e) If he cannot by any means arrest a person who takes to flight in order to avoid arrest, provided the offence is such that the accused may be punished with death or imprisonment for seven years and above.

The Attorney General of the Federation and the Police have filed thier joint defence to the suit, stating the Order is justified by the Constitution.