POLICING AT CROSSROADS: HOW SELECTIVE ENFORCEMENT UNDERMINES NIGERIA’S JUSTICE SYSTEM

BY DR. OLUFEMI OLALEYE

INTRODUCTION: A TEST FOR THE RULE OF LAW

The cornerstone of any credible judicial system lies in the impartial application of the law, ensuring that personal influence, socioeconomic status, or institutional connections do not obstruct justice. 

However, a recent forgery allegation tied to a transaction involving FBN Quest Trustees Ltd, a subsidiary of First Bank PLC, has brought to light troubling inconsistencies in Nigeria’s law enforcement practices. The case not only raises questions about procedural adherence but also challenges the judiciary’s commitment to upholding the rule of law without fear or favor.

BACKGROUND: ALLEGATIONS AND EVASION OF DUE PROCESS

The controversy began with a formal petition submitted to the Inspector General of Police’s Special Investigation Unit (IGP-SIU), detailing allegations of forgery related to a Deed Transfer associated with a trust application at FBN Quest Trustees Ltd. In accordance with due process, the police issued an official invitation to the suspect, one Mrs. Aderemi Fagbemi-Olaleye, for questioning.

However, instead of complying with the summons, the suspect has, perhaps in an unprecedented manner, asked the Police to finance her travel expenses to Abuja! This audacious demand –  which is both unusual and not backed by any law – is yet to be met with appropriate action from the authorities, creating the uncomfortable impression that procedural enforcement can be negotiated or delayed when certain individuals are involved.

A TROUBLING PRECEDENT: DOUBLE STANDARDS IN LAW ENFORCEMENT?

This case is not merely about the actions of one individual but reflects a broader pattern of selective enforcement within Nigeria’s justice system. Under the Administration of Criminal Justice Act (ACJA) 2015, police invitations and summons are binding, regardless of the suspect’s status or location. Non-compliance typically results in the suspect being declared “WANTED,” as seen recently in the “Portable case” where the Ogun State Police Command declared the popular artiste wanted after he refused to honour Police invitation.

Strangely, in the instant case, the IGP-SIU has not exercised its legal prerogative to escalate the matter. This disparity undermines public confidence and suggests that Nigeria’s justice system operates on parallel tracks — one for the influential and another for ordinary citizens.

CORPORATE ACCOUNTABILITY: FBN QUEST TRUSTEES LTD AND FIRST BANK PLC

While the focus rightly rests on law enforcement, corporate governance also warrants scrutiny. As facilitators of trust applications and custodians of sensitive documentation, institutions like FBN Quest Trustees Ltd bear a fiduciary duty to uphold transparency and accountability. Internal investigations should be initiated to determine whether lapses in due diligence contributed to the alleged forgery.

Under the Central Bank of Nigeria (CBN)’s Regulatory Framework for Financial Institutions, any institution found complicit — actively or passively — in fraudulent activities faces regulatory sanctions, reputational damage, and potential litigation. 

First Bank PLC, as the parent entity, must therefore demonstrate its commitment to ethical standards by ensuring its subsidiary cooperates fully with the investigative authorities. Failing to do so not only exposes the institution to regulatory scrutiny but also undermines public trust in Nigeria’s financial and legal institutions.

IMPLICATIONS FOR JUDICIAL INTEGRITY AND THE LEGAL COMMUNITY

For the legal community, this case raises critical questions about the integrity of judicial processes.

1. Selective Enforcement: Why has the IGP-SIU not declared the suspect wanted, as would typically occur in cases of non-compliance? Is the enforcement of Police invitations now subject to negotiation?

2. Access to Justice: If an ordinary Nigerian were accused of forgery and failed to honour a police invitation, would they be afforded the same leniency?

3. Ethical Governance: What measures will be taken to ensure corporate entities like FBN Quest Trustees Ltd uphold due diligence and prevent their platforms from being used for fraudulent purposes?

The Nigerian judiciary, bound by the Administration of Criminal Justice Act (ACJA) 2015, cannot afford to waver in its commitment to equal enforcement. Failure to act not only undermines public confidence but emboldens future abuse of process.

THE CALL FOR ACCOUNTABILITY

The path forward is clear. The IGP-SIU must demonstrate that the rule of law is not a matter of convenience by:

1. Issuing a Warrant of Arrest for the accused in line with established procedure.

2. Conducting a thorough investigation into the forgery allegations, ensuring that no party — individual or corporate — evades scrutiny.

3. Reaffirming that compliance with police invitations is mandatory, not optional, regardless of status or influence.

CONCLUSION: UPHOLDING THE RULE OF LAW

For the legal community, this case represents more than an isolated incident; it is a litmus test for the credibility of Nigeria’s judicial system. Selective enforcement erodes trust, while consistent application of the law strengthens it. As stakeholders in the justice sector, it is incumbent upon us to demand accountability, transparency, and unwavering adherence to due process.

If the system fails to act decisively, it sends a dangerous message: that influence can override the law. But if it rises to the occasion, it reinforces a fundamental principle — that justice is truly blind, impartial, and unwavering.

The law must not only be spoken but enforced, without exception.

• Dr. Olaleye is a leading cancer care specialist

DISCLAIMER: The opinion expressed in this article is entirely that of the author and does not represent the views of CITY LAWYER Magazine, its publishers,agents and privies.