By Makinde Akeem Olasunkanmi, Esq.
In response to a wave of public inquiries and my recent interview on Lasgidi FM, this article delves into the alleged altercation between Rep. Alex Ikwechegh and a Bolt driver. The purpose is to analyze the legal, social, and ethical dimensions of the case, emphasizing the vital need for accountability in Nigeria’s leadership. Amidst the nation’s heightened call for transparency, this incident could set a precedent for governance and public trust.
Background of Public Perception and Societal Expectations
“The power to govern rests upon public trust; where trust erodes, so too does the foundation of authority.” —Edwin Sutherland, Criminologist
Reports from sources like BBC News Pidgin and TheCable claim that Rep. Ikwechegh, in his position as a public official, allegedly threatened a Bolt driver during a disagreement over delivery charges. If verified, this could constitute an abuse of office, highlighting society’s growing demand for ethical governance. At a time when Nigerians are increasingly vigilant about the misuse of authority, this case is a stark reminder of the consequences leaders face when public trust is breached.
Legal Analysis and Potential Criminal Offenses
Criminal Intimidation
Applicable Law: Section 397 of the Penal Code defines criminal intimidation as issuing threats that provoke fear or distress. Penalty: A maximum of two years’ imprisonment or fines. For a public official, misuse of power can lead to even stricter penalties, underscoring the expectation that leaders must uphold justice, not exploit their position.
Assault and Misuse of Authority
Applicable Law: Section 351 of the Criminal Code Act penalizes acts of intimidation and assault, particularly when they instill fear or cause harm. Penalty: Up to three years of imprisonment, especially severe when the accused is a public servant, as laws are designed to protect citizens from abuses by those in authority.
Abuse of Office
Relevant Law: Section 98 of the Criminal Code Act addresses misconduct by public officials when authority is wielded to intimidate or coerce. Penalty: Up to seven years’ imprisonment, reflecting the high importance placed on ethical behavior in public service.
Constitutional Safeguards and Police Due Process
Nigeria’s Constitution, particularly Section 35, guarantees the right to personal liberty, underscored by the alleged two-hour detention of the Bolt driver after the incident. The police must maintain impartiality, particularly in cases involving public officials, to reinforce public trust in legal institutions. This aligns with Sutherland’s assertion that “transparency is essential” to democracy. Allegations of initial bias in police response highlight the need for fair and independent investigations, especially as Nigeria faces a call for reforms.
Public Apology: Sincere or Strategic?
“Growth stems from the acknowledgment of one’s own failings.” —Abraham Maslow, Psychologist
Rep. Ikwechegh’s apology has generated mixed reactions. Although apologies are essential first steps, they are insufficient in situations requiring accountability. Public sentiment, evidenced by critiques on platforms like Wikipedia, shows a demand for genuine contrition backed by actions. As Maslow suggests, true growth comes from acknowledging and addressing one’s own failings. The representative has also promised to establish a foundation dedicated to educating the public on respect for others’ rights—an initiative that, while commendable, raises the question: is it merely damage control in response to public outcry?
Impact on Public Trust and Institutional Accountability
“Those who hunt must also be prepared to be hunted.” —Malcolm X
This statement emphasizes the reciprocal accountability expected of those in power. Abuse of office weakens the relationship between government and the governed, striking at the heart of Nigeria’s democratic principles. Section 14 of Nigeria’s Constitution underscores that “sovereignty belongs to the people,” highlighting the obligation of officials to govern with integrity. This incident reflects a broader societal demand for transparency and accountability among public figures, reinforcing the importance of vigilant, responsible governance.
Recommended Actions for Accountability and Systemic Change
House of Representatives Code of Conduct: The Ethics and Privileges Committee has a responsibility to maintain ethical standards by holding members accountable, ensuring public trust is upheld.
Police Transparency and Unbiased Investigation: Nigeria’s Police Act 2020 requires law enforcement to investigate without favoritism. An independent investigation in this case would reassure the public of law enforcement’s commitment to justice.
Civic Education on Rights and Accountability: The National Orientation Agency (NOA) can use this opportunity to educate citizens on their rights and on holding public officials accountable. Building public awareness fosters resilience against cultures of impunity.
Social Media Responsibility and Advocacy for Justice: Activists and influencers can maintain balanced, factual discussions, contributing to public understanding and supporting Nigeria’s democratic ethos.
For ease of reference, below are legal citations and societal reflections:
Criminal Code Act, Section 351: “Any person who unlawfully assaults, threatens, or intimidates another is guilty of an offense.”
Penal Code, Section 397: “Whoever threatens another with any injury to his person, reputation, or property, with intent to cause alarm… commits criminal intimidation.”
Constitution of Nigeria, 1999, Section 35: “Every person shall be entitled to his personal liberty…”
In conclusion, I’m sure this incident will be a pivotal moment for Nigeria’s democratic landscape. The public increasingly expects leaders to act with integrity and accountability. Observing this case closely will reinforce the collective resolve for justice and respect for democratic principles among both citizens and officials alike.
Makinde Akeem Olasunkanmi, Esq.
Lekki-Ajah, Lagos.
29th October, 2024.
