By Yakubu Moses Ede, Esq.

It is gradually becoming a recurrent decimal in Nigeria, the rate at which law enforcement agents abuse the rights of suspects. A recent video that surfaced online is particularly disturbing. It depicts a member of the National Youth Service Corps (NYSC) being brutalised by Operation Udo Ga-Achi, also known as the Agunechemba Vigilante Group, in Anambra State. Reports circulating on the social media indicate that the vigilante group suspected the corps members of engaging in internet fraud (“Yahoo Yahoo”) activities.

Acting on this suspicion, the vigilante group stormed the corpers’ lodge under the guise of curtailing one of the social vices bedevilling our society. Although the corpers promptly presented their NYSC identification cards, this did not deter the vigilantes from perpetrating acts of assault. Shockingly, the situation degenerated into an embarrassing and degrading violation, as one female corps member was stripped naked.

The Constitution of the Federal Republic of Nigeria, 1999 enshrines fundamental safeguards that guide security agencies in the process of law enforcement. These include the right to silence, the presumption of innocence, the right to counsel, the right to dignity, the right to fair trial and to examine witnesses, and the right to be tried only for offences known to law. These safeguards may be briefly examined as follows:

1. *RIGHT TO SILENCE:* Every citizen has the right to remain silent during suspicion, arrest, investigation, or trial. Where an individual exercises this right, such silence cannot be used against them. In this case, the vigilante group did not accord the corps members (mere suspects) the protection of this right. For instance, the female corps member struggling to preserve her dignity in the video was, by no standard, accorded this constitutional safeguard.

2. *PRESUMPTION OF INNOCENCE:* Every person suspected of committing an offence is presumed innocent until proven guilty by a court of competent jurisdiction. This presumption applies from the point of suspicion through arrest, interrogation, and trial. To deprive suspects of this safeguard is to undermine the rule of law.

3. *RIGHT TO COUNSEL:* Irrespective of the nature of the alleged offence, every suspect is constitutionally entitled to legal representation. The Corps members were denied any opportunity to seek counsel before they were assaulted and humiliated.

4. *RIGHT TO FAIR TRIAL AND EXAMINATION OF WITNESSES:* Where, upon investigation, a matter is brought before a court, the accused is entitled to a fair trial and the opportunity to examine the evidence presented by prosecution witnesses. In this incident, the vigilantes completely relegated such constitutional guarantees to the background.

5. *RIGHT TO BE TRIED ONLY FOR AN OFFENCE KNOWN TO LAW:* No person shall be tried for a non-existent offence. At the time the vigilante group engaged in its barbaric actions, no investigation had been conducted, let alone a trial commenced. Their actions amounted to lawlessness. The philosophy behind these constitutional safeguards is to protect citizens’ liberties, guarantee fair trial, ensure equality in the administration of justice, stabilise our democratic society, and entrench the rule of law.

The conduct of the Agunechemba Vigilante Group is unconstitutional and inconsistent with laid down legal standards at the national, regional, and international levels. It is an aberration for a vigilante outfit to arrogate to itself the roles of investigator, prosecutor, judge, and enforcer of alleged offences. To condone such reprehensible practices is to invite grave danger that could, in the long run, haunt the very society we strive to build. In protecting society, we must not allow its members to be harmed or brutalised extra-judicially. Law enforcement, whether by security agencies or vigilante groups, must follow due process consistent with the grundnorm that binds our collective existence.

There is therefore an urgent need to subject the Agunechemba Vigilante Group to rigorous and regular training, particularly on human rights and constitutional safeguards. Furthermore, its members must be held personally accountable ,(both criminally and civilly) for violations of citizens’ rights. Only by making perpetrators bear the consequences of their actions can their excesses be curtailed.

Yakubu M. Ede, Esq.

Former Chairman, NBA Keffi Branch

22 August 2025