Last Thursday, the Delta State Government alerted the nation on the detention of its deputy governor, Chief Benjamin Elue by the police high command in Abuja.

Chief Elue who was reportedly invited for questioning by the Inspector General of Police on Tuesday 30, March over 12 AK 47 rifles and rounds of live ammunitions found in a car belonging to him was kept in police custody for two days. This was inspite of the provisions of Section 308 of the Constitution, which forbids the arrest and/or detention of persons holding the office of a deputy governor, amongst others.

While the detention lasted, the people of Delta State and indeed the Nigerian public were greatly worried about the development, a minus for our fledging democracy.

Following the wide criticism of the unlawful detention of Chief Elue, the police authorities in a swift reaction denied detaining the deputy governor while alleging that he was only being interrogated, insisted that his immunity does not extend to questioning by the police.

No doubt, the nature of ‘interrogation’ of Chief Elue as witnessed in this case amounted to detention. It was clear that his right to personal liberty was curtailed, he was not allowed to leave the police custody for days.

This development has again called to question the police’s understanding of their constitutional role in a democratic setting and their perception of the sanctity of fundamental human rights guaranteed by the Nigerian Constitution. The incarceration of the deputy governor by the police authorities is a clear breach of Section 308 (1) (b) of the Constitution.

This development is in no way helpful to the already battered image of the Nigerian police. It could be recalled that sometime in January 2004, the Police Authorities withdrew the security aides of Governor Chris Ngige of Anambra State under the pretext of obeying an order of an Enugu State High Court Judge who has now been suspended by the NJC and despite the public condemnation of that act and calls on the police to restore the aides, the security aides are yet to be restored.

No doubt, the flagrant manner by which the police authorities and the government in power breach the Constitution, the supreme law of our land is a bad omen for the sustenance of constitutional governance in Nigeria.

CRP, therefore calls on the Police Authorities to live above board and ‘strive’ to obey the Constitution of the Federal Republic of Nigeria as it is the “Grundnorm” from which all other laws and authorities derive their existence.