Does Filming A Police On Duty Constitute An Assault?
A 41 -year-old man, Annibong Annankwu, was arraigned at an Ikeja Magistrates’ court on Thursday for filming policemen while performing their lawful duty.
The accused, whose occupation was not disclosed, was charged with two counts of assault and breach of peace.
Police Prosecutor, Sgt. Kenrich Nomayo, told the court that the accused committed the offences on Nov. 28 at Ojota, Lagos.
He said that the accused conducted himself in a manner likely to cause breach of peace by unlawfully making a video record of Insp. Eche Adeyi and his team.
Nomayo said that the accused, in company of three others who rode in a Honda Accord car, were stopped by the complainant and his team.
He said that initially, they refused to stop and they did, they refused to wind down their window glass.
The prosecution said that the behaviours of the occupants of the car, prompted the police to search the car.
“During the search, the accused was caught secretly filming the activities of the police through his phone. “He obstructed the complainant and assaulted him while trying to arrest him,” the prosecutor said.
The offence, he said, violated the provisions of sections 168 and 174 of the Criminal Law of Lagos State, 2015. Section 174 stipulates three years imprisonment for assault.
Annankwu, who resides in Ikate, Surulere, Lagos, however, denied committing the offence.
Magistrate Mrs T.O Ojo, admitted the accused to bail in the sum of N50,000 with one surety in like sum. Ojo adjourned the case until Jan. 29, 2019 for mention. (NAN)
WHAT CONSTITUTE AN ASSAULT ACCORDING TO CRIMINAL LAW OF LAGOS STATE
Definition of Assault 168.
(1) A person who –
(a) strikes, touches, moves, or otherwise applies force of any kind to the person of another, either directly or indirectly, without his consent; or
(b) by any bodily act or gesture attempts or threatens to apply force of any kind to the
person of another without his consent, in such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his purpose is said to assault that other person.
(2) The term ‘applies force’ includes the case of applying heat, light, electrical force, gas,
odour, or any other substance or thing whatsoever, if applied in such a degree as to
cause injury or personal discomfort.
169. (1) An assault is unlawful and constitutes an assaults. offence unless it is authorised or justified or excused by Law.
(2) The application of force by one person to another may be unlawful if it is done with the
consent of that other person where:
(a) on grounds of age or weak intellect, a person is incapable of understanding the nature of the act to be done; or
(b) the consent was obtained by fraud.
(c) the assault is of a nature likely to endanger human life or is likely to cause a breach of peace
Punishment of Assaults:
170. Any person who unlawfully assaults another is guilty of assault. of a misdemeanour, and is liable, if no greater punishment is provided, to imprisonment for one year.
Assaults occasioning harm
171. Any person who unlawfully assaults another and thereby does him harm is guilty of a felony, and is liable to imprisonment for three years.
172. Any person who –
(a) assaults another with intent to commit a felony, or with intent to resist or prevent the lawful arrest or detention of himself or of any other person;
(b) assaults, resists, or wilfully obstructs a Police Officer while acting in the execution of his duty, or any person acting in aid of a Police Officer while so acting;
(c) unlawfully assaults, resists, or obstructs, any person engaged in the lawful execution of any process against any property, or in making a lawful distress, while so engaged;
(d) assaults, resists, or obstructs any person engaged in such lawful execution of process, or in making a lawful distress, with intent to rescue any property lawfully taken under such process or distress;
(e) assaults any person on account of any act done by him in the execution of any duty imposed on him by Law; or
(f) assaults any person for the purpose effecting any unlawful conspiracy respecting any manufacture, trade, business, or occupation, or respecting any person or persons concerned or employed in any manufacture, trade, business,
or occupation, or the wages of any such person or persons; is guilty of a felony, and is liable to imprisonment for three years.
Assault with intent to steal.