The issue regarding the use of lethal force by the Nigeria Police to arrest a traffic offender reared its ugly head again a couple of weeks ago in Ibadan.
14-year-old Kehinde Alade was said to be on his way in his father’s car to sit for the ongoing West African Senior School Certificate Examination when he met his untimely death – shot down by a policeman while inside the car.
When the Oyo State government first told the story of how the shooting occurred, many citizens felt offended that the government seemed to be defending the killing. The government’s position, which tallied with what the police also said, was that the boy’s father was driving against traffic and the police wanted to stop the car.
A video of the police and traffic control personnel in pursuit of the offending car went viral and it was indeed scary, the way the car was meandering and manoeuvring on the road to avoid oncoming traffic and hitting other cars and the pavement in the process.
An eyewitness account says the boy’s father was driving against traffic and, seeing a team of the Oyo State Road Traffic Management Authority and the police, he tried to evade arrest. The man in question is quoted as saying cars from the place he came out of are usually allowed to drive through that space to connect and he did not want his son to be late for the examination.
Ordinarily it would not be strange to read the defence of Police Public Relations Officer who sent out a press release in defence of the police killing, irrespective of whether the victim is an innocent minor or not. And the Oyo Police Command PRO did just that, saying, ‘the officer responsible for the discharge of the firearm has been taken into custody’.
However, it was felt that the state government was not sensitive through its own release by adopting the same police position of blaming the young man’s father’s traffic infraction, with many saying it is not only sad but a reflection of the current state of affairs when citizens depend on protection by law enforcement only to meet their death in the hands of such agents.
What happened in Ibadan has happened in several other towns and cities in Nigeria and it seems there is no end to it.
The Oyo State Government, in its statement, confirmed the killing which it described as ‘totally avoidable’, saying, ‘It stemmed from a traffic violation committed by the father of the deceased, who was driving against traffic’. The government extended its condolences to the grieving family and noted that the officer responsible for the shooting was already under investigation.
The government’s statement was obviously based on the Police version which the tried to justify the shooting by saying: ‘Given the nature of the driver’s conduct, officers suspected possible criminal activity or a case of abduction. A police chase ensued. In an attempt to immobilise the vehicle, a police corporal discharged a firearm aimed at the tyres. Tragically, the bullet missed and struck Kehinde Alade ……. who was seated in the rear seat behind the driver.’
In civilised climes, lethal force is not justified for misdemeanours or infractions, including traffic offences.
Generally, it is dangerous and reckless to the public for the police to shoot at a car which has passengers other than an offending driver in it, or the car is on the road where there are other cars and road users, or it is a busy environment with shops, pedestrians and crowd.
The defence of the policeman trying to shoot the tire in that setting is therefore puerile, especially when there is no evidence that our policemen on routine traffic duties but armed, are ardent at shooting or can be described as snipers who can hit a moving tire, no matter how near they are to the car. As in Kehinde Alade’s case, the vehicle may be occupied by passengers who may become innocent victims.
The police should not be authorised to shoot at a vehicle that is fleeing from them when there is nobody shooting at the police from such a vehicle. The rules governing firing a weapon at or into a moving vehicle must be always followed because in almost every situation, the threat of harm or death to someone other than the driver is too great to allow shooting into a car. Also, if by some luck the shot hits the driver, he is still in control of a moving vehicle, and this increases the likelihood of the car causing accidents that may result in deaths or injuries to passengers, other road users and members of the public.
If persons within the vehicle are actively firing guns at police officers or civilians, such as a drive-by shooting, such shooting must be weighed against the likelihood of stopping the criminal against the possibility of an innocent person being hurt or killed.
The rules of engagement should stress that policemen must not shoot at a moving vehicle when attempting to arrest someone driving against traffic. It is better to emphasise a de-escalation of such incidents and use alternative methods of apprehending the offender, like taking the vehicle number, and tracking it with the various biometric resources now available. In some Nigerian states these days, a car’s licence cannot be renewed, and an offender cannot have access to government facilities if they have an offence pending against them.
IMAGE CREDIT: WWAYTV3