Police officers in Kogi, Bayelsa and Imo are on high alert as off-cycle governorship elections take place in the respective states on Saturday. But what does the law say about the use of firearms on election day?...CONTINUE READING
Can a police officer shoot you during an election? This is a question that many voters may be asking as the governorship elections take place tomorrow.
The answer depends on the circumstances as the Nigeria Police Force has strict guidelines on when officers can use their firearms.
The NPF, whose law enforcement personnel are already on the ground in their numbers, are expected to be guided by the provisions of the 1999 Constitution, as well as Acts, regulations, and guidelines within the Force, in the discharge of their duty on election day.
One such relevant guideline is called the Nigeria Police Force Standard Operational Guidelines/Rules for Police Officers on Election Duty.
These guidelines are set out regarding when law enforcement personnel can use firearms against a Nigerian or fire shots over the head of people.
The guidelines stipulate that while police officers are expected to be professional, they can be charged with an offence arising out of their use of firearms, and it is for the court to decide whether, in the circumstances, their action was justified.
The guidelines further admonish the police to guard against the slightest misuse of firearms while exercising the utmost forbearance humanly possible.
As captured in Section 3 of the police guidelines, below are the scenarios where a law-abiding police officer may use their firearms to provide security:
WHEN ATTACKED
” When attacked and his life is in danger and there is no other way of saving his life;”
WHEN DEFENDING THE ATTACKED
“When defending a person who is attacked and he believes on reasonable grounds that he cannot otherwise protect that person attacked from death;”
WHEN THERE IS RIOT BY MORE THAN 12 PERSONS
“When necessary to disperse rioters or to prevent them from committing serious offences against life and property; N.B. Remember that 12 or more people must remain riotously assembled beyond a reasonable time after the reading of the proclamation before the use of firearms can be justified”
WHEN A PRISONER ESCAPES FROM CUSTODY
“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; providing the offence in which he is charged or has been convicted of, is a felony or misdemeanour;”
WHEN A PERSON FACING DEATH CHARGES TAKES FLIGHT TO AVOID ARREST
“If he cannot by any other 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 7 years or more.”
