The Nigeria Police Force (NPF), FCT Command, has arraigned Martins Otse, a social media influencer also known as VeryDarkMan (VDM), in court for impersonation.
Otse released a video portraying himself as a “social media police” in October and is expected to be docked on Friday.
“In response to recent developments, VDM, whose real name is Mr Martins Otse, is set to appear in court today following allegations of impersonation related to the unauthorised use of Nigeria Police Force uniforms in a viral social media video,” the NPF stated on Friday.
“The FCT Police Command is actively handling the case, underscoring the Nigeria Police Force’s commitment to upholding the integrity of its symbols and preventing their misuse. Interested persons are encouraged to follow up on the proceedings as the case unfolds.”
The influencer’s skit had been followed by the police’s initial condemnation of Otse’s use of their uniform.
“It is important to remind the public that the unauthorized use of Police uniforms, insignia, or accoutrements constitutes a criminal offence, as stipulated in Section 251 of the Criminal Code Law and Section 133 of the Penal Code Law, and is subject to strict penalties,” part an October 26 statement on X read.
NIGERIA POLICE CONDEMNS UNLAWFUL USE OF POLICE UNIFORMS BY CONTENT CREATORS. As Police Launches Investigation Into Circulating Video By VDM. The Nigeria Police Force strongly condemns the unauthorized use of official uniforms and accoutrements by an online personality, Mr.… pic.twitter.com/QMJjrV6svA— Nigeria Police Force (@PoliceNG) October 26, 2024
This is similar to the case of Abdulgafar Abiola, also known as TheCuteAbiola, in July 2023 when he used the police uniform in a skit. Muyiwa Adejobi, the Force’s Public Relations Officer, had said that the Force would prosecute Abiola.
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On both occasions, the police have appealed to Section 251 of the Criminal Code Law and Section 133 of the Penal Code Law.
While Section 133 of the Penal Code Law is quite straightforward, it is Section 251 of Criminal Code Law that FIJ finds ambiguous and quite equivocal.
Section 133 of the Penal Code Law states that “whoever not belonging to a certain class of public servants wears any dress or carries a token resembling any dress or token used by that class of public servant with the intention that may be believed that he belongs to that class of public servant, shall be imprisoned for a term which may extend to six months or fine which may extend to ten thousand naira or with both.”
The penal code law forbids anyone not belonging to a public service from donning their uniform in a way that presumes them to belong to that class, and in punishment, it recommends a jail term of six months maximum or a fine that could extend to N10,000.
Nigeria’s Criminal Code, which is more specific to uniforms of the armed forces, does not clamp down on wearing their uniforms but brings a clause to how it must be represented either in visual art forms.
The law states that “any person who, not being a person serving in any of the armed or police forces of Nigeria, wears the uniform of any of these forces, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform, in such manner or in such circumstances as to be likely to bring contempt on that uniform, or employs any other person so to wear such uniform or dress, is guilty of a simple offence, and is liable to imprisonment for three months or to a fine of forty naira.”
While the penal code is very explicit about the impermissibility of wearing civil servant uniforms, the criminal law says that the clothes must not be worn in a way that brings “contempt” to the uniform.
WHAT DOES THE ‘CONTEMPT’ CLAUSE MEAN IN LEGAL TERMS?
FIJ spoke to Kelechukwu Uzoka, a lawyer and public affairs analyst from Lagos, on Thursday.
Uzoka explained that it is permissible for actors and other performing artists to wear those costumes for film purposes, but they must ensure that such costume is used appropriately.
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In explaining the contempt clause, Uzoka said that its understanding is not apparent in the statute itself. “This is an issue that would be resolved with reference to the specifics of each case by the courts,” he said.
The consequence of the contextual dependency of that law means that it is open to applications determined by different contexts, and not necessarily that it has an overarching meaning. However, the prosecution of different contexts must be made in reference to previous rulings.
Uzoka further described the law as archaic.
“The law, I think has been there since the 80s. Imagine N40 as punishment for an offence. Most of these laws need to be amended, but our national assembly members are not doing their job of giving us better laws.”
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