Should an alleged murderous police officer be charged in a magistrate’s court? Must he be dismissed from office before he is charged? What is justice like when an officer of the law shoots and kills unarmed, law-abiding citizens?

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On December 25, 4-month pregnant Bolanle Raheem, a lawyer, was shot and killed by Drambi Vandi, an assistant superintendent of police.

Before Raheem’s death, 31-year-old Gafaru Buraimoh was hit by Inspector Imeh Johnson’s stray bullet on his way to buy fuel.

Both cases provoked outrage and brought police discipline to the glare of the public.

“ACTION OF ATTORNEY GENERAL UNCONSTITUTIONAL, UNFOUNDED IN THE LAW“– BARRISTER ADEOYE

Moyosore Onigbanjo, Lagos State Attorney General, charged Vandi with Raheem’s murder before the Yaba Magistrate’s Court on Friday, December 30, following his suspension by the Police Service Commission (PSC) the day before.

The Attorney General also requested that he be held in custody until the police completed their investigation.

Most of the controversies in Vandi’s case stemmed from Usman Alkali Baba, the Inspector General of Police’s (IGP) recommendation that the officer be suspended rather than dismissed.

READ ALSO: Drambi Vandi, Killer of Lagos Lawyer, Charged With Murder

This is on the backdrop of a widely argued view that officers cannot be charged without first being dismissed.

Funke Adeoye, a criminal justice and human rights lawyer, however, believes that while the practice is true, it is not backed by law.

“It is merely a practice of the Nigeria Police Force. The only protection given by the Police Act is the investigation of the offending officer by the Police Complaints Response Unit and a chance for the officer to defend himself,” she said.

Scrutiny on the process further intensified when the Attorney General filed a charge against the officer at the Magistrate’s Court.

According to Barrister Adeoye, the Magistrate’s Court does not have the authority to hear or decide cases (capital offences) that attract capital punishment.

READ ALSO: 10 Times Policemen Killed Nigerians in 2022 — And How Their Bosses Reacted

She noted that although it is common practice for the police to file a holding charge before the Magistrate’s Court against a criminal suspect, the use of a holding charge has been deemed illegal and unconstitutional by the courts.

The criminal justice lawyer further stated that the Lagos State Attorney General’s actions were “unconstitutional and unfounded in the law”.

VANDI’S PROSECUTION: REALITY VERSUS DUE PROCESS

On December 26, Benjamin Hundeyin, Lagos State Police Public Relations Officer, announced in a tweet that Vandi was being held at the State Criminal Investigation Department, and two days later, it was announced that the result of a police investigation on Vandi had been sent to the Force Headquarters, Abuja.

On December 29, the PSC authorised his suspension, and on December 30, the attorney general filed a murder complaint against him before the Chief Magistrate’s Court in Yaba for the murder of Raheem.

The attorney general also requested and obtained the magistrate’s approval for the remand of Vandi to enable the police complete their investigation.

READ ALSO: Police Transfer All Ajah Division Officers After Lawyer Bolanle’s Death

Barrister Adeoye, in contrast, stated that the attorney general ought to seek the High Court of Lagos State for a remand order in accordance with the administration of the criminal justice law of Lagos State if more time is needed to conduct an investigation.

She added that after the investigation is completed, Vandi should be formally arraigned and tried by the court.

When FIJ contacted the Lagos State PPRO for comments, he said Vandi is being prosecuted by the state’s attorney general and that any queries about the case should be directed to the Lagos State Ministry of Justice.

Efforts to reach the ministry, however, proved abortive. The dial message on the ministry’s phone line said that it (the line) does not support phone calls, while messages addressed to their official email were returned with automated responses.

Vandi is currently remanded at the Ikoyi correctional facility pending legal advice from Jide Martins, the Director of the Lagos State Office of the Public Defender.