By Onyekachi Umah, Esq

INTRODUCTION:

The public view in Nigeria is that a case of a missing person can only be reported to the Nigeria police after 24 hours of disappearance of the suspected missing person. Also, many police officers and law enforcement officers have been reported to reject complaints of missing person made within 24 hours. A clear example is the case of Ms. Iniobong Uworen, who got missing in Akwa Ibom State, while on a job interview. The Nigerian Police allegedly refused to attend to the complaint on the disappearance of Ms. Iniobong Uworen, rather the Police ordered the complainant to return the next day. Upon the intervention of the police the following day, Ms. Iniobong Uworen was not only missing but was found dead. Many believe that Ms. Iniobong Uworen could have been rescued alive, if the police officers had accepted the complaint and intervened within 24 hours. This invoked the pubic call for thorough investigations via the hashtags; #JusticeForHinyUmoren and #JusticeForIniobongUworen.

The believe that a complaint on a missing person should not be reported to the police until after 24 hours and that the police cannot investigate such cases until after 24 hours has caused many lives in Nigeria. This public view if unknown to all laws in Nigeria and as such wrong. Everyday Nigerians suffer from the huge gap in information between Nigerians and the Nigerian laws. This work reveals the true legal position on the time for reporting of cases of missing persons, the duty of police to assist every missing person and the punishment for police officers that fail to assist missing persons.

Complainant on Missing Persons; the Public Views Vs. the Law.

Nigeria is a democratic stated governed by written laws and not by personal beliefs, public views, public opinions, street gist and religious creeds. Nigerian laws are made by the legislature and not by gossipers. Public views are not laws, rather mere perceptions of the people. Public views do not affect laws rather public views bow to legal views and laws (although public views are considered in law making). Persons in Nigeria are bound by the laws in Nigeria and not by public views. When there is a law, there is no discretion.

The greatest of all laws in Nigeria is the Constitution of Nigeria and the Constitution creates the Nigeria Police Force. Furthermore, the federal legislature (the National Assembly) made a federal law (the Nigeria Police Act, 2020) to govern the Nigeria Police Force and its officers. It is the responsibility of the Nigeria Police Force to protect lives and properties in Nigeria. Where there is a case of a missing person, it is the duty of Nigeria Police Force to investigate and rescue the missing person. A copy of the Nigeria Police Act 2020, can be accessed for free via this link: https://learnnigerianlaws.com/free-copy-of-the-police-act-2020/

Contrary to public opinion and views, every case of a missing person must be reported to the Nigeria Police Force within 24 hours and not after 24 hours. Section 90 of the Nigeria Police Act, creates a duty on every person in Nigeria, to report to the Nigeria police any case of a missing person within 24 hours. The person in charge of a missing person must report such case to the nearest police station within 24 hours. This means that immediately there is an information that a person is missing or may be missing, the case should be reported to the Nigeria Police Force.

There is no law that requires 24 hours to pass before a case of a missing person can be reported to the Nigeria Police Force. It is against the Nigeria Police Act for any person to delay, fail or refuse to report the case of a missing person to the Nigeria Police within 24 hours of such incidence. At this point, it is unlawful for any police officer to refuse or fail to receive a complaint on a missing person and to order that the complaint be postponed till after 24 hours.

At all times, the Nigeria Police Force has the mandate to protect lives and properties. So, once there is complaint on a missing person, the Nigeria Police must get down to work to rescue the missing person, immediately. Specifically, section 31 of the Nigeria Police Act, provides that the Nigeria Police Force has a duty to investigate in accordance with due process, all allegations and complaints brought to it. Due processes of investigation cannot include the refusal of complaints brought to the Nigeria Police Force, without an investigation.

Punishment for Police Officers That Fail to Rescue Missing Persons:

Since it is not unusual to find unscrupulous police officers, the Nigeria Police Force went on to prescribe punishment for any police officer that fails to assist any person in distress, including missing persons. The failure of a police officer to investigate and to assist a person in distress (including a missing person) is an offence and the police officer is to be investigated, prosecuted and punished.

Section 96 (1) (g) of the Nigeria Police Act, states that the offences of police officers, include; failure of a police officer to come to the aid or assistance of any person in need of assistance at the time of distress. It further provides that such a non-assisting police officer should be disciplined and dismissed from the Nigeria Police Force, as well as prosecuted thereafter in a court of law.

Conclusion:

There is a clear division of labour in Nigeria and it is the responsibility of the Nigeria Police Force to protect lives and properties. Delaying or refusing to rescue missing persons, is a failure of the Nigeria Police in its statutory duties. It is the duty of every police officer to quickly investigate all complaints and then intervene. It is unprofessional for a police officer to waive away any complaint (especially a complaint on a missing person) without an investigation. Consequently, the punishment -dismissal from the police force and subsequent prosecution- awaits any unprofessional police officer that fails to assist missing persons.

There is no law in Nigeria that state that the case of a missing person cannot be reported to the Police within 24 hours from the time of the suspected disappearance. There is also no law that provides that such cases cannot be investigated by the police until after 24 hours. Rather, the Nigeria Police Act mandates all persons to report all cases of missing persons within 24 hours. Also, the same law compels the Police to immediately investigate and intervene. Any police officer that delays or refuses to assist any case of a missing person has committed an offence and could be dismissed from the Nigeria Police Force and then prosecuted in a court of law.

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