Human rights lawyer, Femi Falana, SAN, has condemned the reported arrest of the father of Prince Adeniyi Adeyemi, the embattled promoter of the controversial Presidential Foreign Intervention Promotion Council, describing it as an unlawful “substituted arrest” if carried out merely to compel his son’s appearance.
The alleged arrest has deepened the controversy surrounding the purported council, which has been linked to an alleged N1.3bn “ghost agency” scandal and which the Federal Government had earlier disowned as having no legal or administrative backing.
Adeyemi, who claims to be the Director-General of the council, is currently standing trial before the Federal High Court in Abuja on charges bordering on conspiracy, forgery, impersonation and related offences.
Falana said police operatives allegedly stormed the residence of Adeyemi’s parents at Plot 3, Adeniyi Dynasty, behind Technical College, Road Safety Area, Ogbomoso, Oyo State, on Monday and arrested his father, alongside a family friend who had visited the home.
According to him, the suspect had already promised to appear in court, making the arrest of his father legally unjustifiable if the father was not independently linked to any offence.
“Police have now stormed the house of the parents of Prince Adeyemi Adeniyi, Plot 3, Adeniyi Dynasty, behind Technical College, Road Safety Area, Ogbomoso.
“The father has been arrested. There is no legal basis for substituted arrests. The young man has promised to show up in court, so why arrest his father?” Falana said.
Residents of the area also alleged that police officers arrived at the premises in four vehicles before taking Adeyemi’s father away.
One resident claimed that the officers harassed those present and prevented neighbours from intervening before leaving with the elderly man.
Another eyewitness said Adeyemi’s father was taken away with a visitor, while his elderly mother was left in shock and later moved away by neighbours.
As of the time of the report, the Nigeria Police Force had not issued a detailed official statement explaining the legal basis for the alleged arrest.
The development has drawn reactions from the Nigerian Bar Association and several Senior Advocates of Nigeria, who warned that Nigerian law does not permit the arrest of relatives merely to pressure a suspect.
NBA President, Mazi Afam Osigwe, SAN, said although the circumstances of the arrest were still unclear, the law forbids arresting one person in place of another.
According to him, if Adeyemi’s father was arrested simply to put pressure on his son, such an arrest would be unlawful.
“If a person is arrested for the purpose of putting pressure on a suspect who cannot be found, or to compel a person who is being investigated to surrender, then it is unlawful,” Osigwe said.
He, however, noted that the position would be different if the father was arrested in his own right as a suspect or person of interest.
Prof. Sam Erugo, SAN, also said it is unlawful to arrest a father for an offence allegedly committed by his son, citing Section 7 of the Administration of Criminal Justice Act, 2015, which prohibits arrest in lieu.
Another SAN, Isiaka Olagunju, said criminal responsibility is personal and cannot be transferred to relatives, except where there is evidence linking the relative to the alleged offence.
Wolemi Esan, SAN, described arrest in lieu as having no place in Nigeria’s legal system, saying it is prohibited by the Administration of Criminal Justice Act and the Nigeria Police Act, 2020.
Dr. Wahab Shittu, SAN, also described such practice as “substitutional arrest,” stressing that the police power of arrest is not unlimited and must comply with the Constitution and the ACJA.