The police may prosecute Abdulgafar Abiola, a popular comedian known as Cute Abiola, for wearing costumes that bore some semblance to the police uniform.

The comedian had uploaded a skit on his Instagram page earlier this week, portraying the corrupt practices of the Nigerian police.

In another satiric video uploaded last week, Abiola wore a blue uniform similar to one of the police force’s uniforms. Just like the recent skit, this video also mirrored the unethical practices of the police.

Olumuyiwa Adejobi, the spokesperson for the police force, issued a statement on Thursday, saying “Abiola’s contemptuous act is criminal [and] punishable”.

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The statement partly reads: “Abdulgafar Abiola will be investigated and possibly prosecuted for his deliberate acts as the NPF had already warned skit makers and filmmakers to desist from desecrating its uniform or accoutrements. The Force is committed to upholding the sanctity of the uniform and will pursue due legal process to ensure accountability for any individual or entity that seeks to bring disrepute to the uniform or the institution it represents.”

This statement from the police has stirred mixed reactions among many social media commentators, with many saying the skit maker did nothing wrong.

To justify its plan to prosecute Abiola, the police cited Section 251 of the Criminal Code Act in Nigeria, which provides either a three-month imprisonment or a N40 fine as punishment for anyone who wears the police’s uniform in a manner that brings contempt on the uniform.

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FIJ spoke with two lawyers to understand whether the police force has a case against the comedian.

For Tailorson Nwanni, an Ogun-based lawyer, the police’s announcement that it may prosecute Abiola shows that the police force is selective in the enforcement of laws.

While noting that most of the laws in the act cited by the police are obsolete, the lawyer said Abiola could defend himself if witnesses corroborate the fact that the skits never brought any contempt on the uniform but rather showed the actual reflection of the police.

“What the skit maker portrayed in his video is the true reality we face every day. Even as a lawyer, I have fallen victim to police extortion. Ideally, the police ought to be grateful to the skit maker. Maybe they have not seen the shenanigans being done by the police,” he said.

“There is a law, but the truth of the matter is that the penalty says N40 or imprisonment, and the young man can decide to pay them the money. But then, a conviction is a conviction no matter how slight.

“They might say he did not take permission before using the uniform, but if he can call witnesses who have watched the videos and can prove that he was able to portray the true colours of the Nigerian police, he will not be found guilty.”

Oluwaseyi Arowosebe, another lawyer, told FIJ that the law is clear, simple and straightforward. He wondered if the uniforms Abiola wore in the videos are the exact uniform of the police.

“Are we certain that the uniforms are the exact uniform of the Nigerian police officers? Are we certain that the emblems of the ranks are the exact ones on the Nigerian police? Or are they just caricatures?” Arowosebe asked.

“If we are able to ascertain these, the police should be interested in who gave him those uniforms. If at all there would be any prosecution, it should go beyond Abiola. The investigation should also extend to how he came in contact with the uniforms.

“If they can confirm these, then the law is clear. They can go ahead and prosecute him.”

However, just as lawyer Nwanni explained, Arowosebe said apart from being obsolete, the Criminal Code Act and the Penal Code Act have been abolished by the administration of the Criminal Justice Act (ACJA) of 2015.

“Ordinarily, those laws are not just obsolete, they have been abolished. So, it baffles me that some people are being tried under the Criminal Code today,” he said.

“The police, while talking about the prosecution of Abiola, should also consider if the offence is found in the ACJA. If it is not found in that law, they cannot prosecute him.”

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A post shared by ABDULGAFAR ABIOLA (@thecuteabiola)

Also commenting on the proposed prosecution on Twitter, Lawyer Inibehe Effiong said the police would have a hard time proving the case if the video demonstrates the activities the police are known for.

He wrote: “On this case of Cute Abiola’s skit on “police uniform”, I disagree entirely with you. The case is not as simple as the Force PRO wants the public to believe. Skit is intended for entertainment. Entertainers use military and police uniforms globally for their art and craft.

“Using ‘police uniform’ in a skit for the purpose of entertainment cannot by itself bring contempt on that uniform. In any event, if what’s demonstrated in the skit is a true reflection of what the police is known for, you will have a hard time proving this case.

“The skit maker may want to call up to 1000 witnesses to testify that the skit is a true reflection of the police mode of operation, and that they did not find it contemptuous of the uniform.

“Maybe you think, sir, that it is the opinion of the police that the court will use to determine whether contempt was brought on the uniform or not. Well, that is not how the law works and you may soon find this out.

“This case you want to pursue may end up exposing the police to further public ridicule and judicial rebuke. By the way, the said offence is a simple offence with a punishment of only three months imprisonment or a fine of forty Naira.

“If the Magistrate Court even agrees with your argument, a fine may be imposed and I don’t see how forty naira fine on Cute Abiola will improve the revenue of the police or the federal government. By the way, you will have to define what constitutes a “police uniform” as defined by law, and also prove beyond reasonable doubt that what Cute Abiola wore in the skit is a police uniform. It is not as simple as ABC. Law is not a joke.”