The Nigerian Police Force: A Call for Reform to Uphold Human Rights and Accountability

Strategic Insights -

The Nigerian Police Force is an institution entrusted with the sacred responsibility of protecting lives and property, and maintaining public peace and order. However, its operational context often raises critical questions about legality, proportionality, and accountability. The police are faced with a delicate balance between exercising their powers within the province of the constitution and protecting individual liberties. Despite the efforts of many officers who serve with integrity and dedication, institutional deficiencies and abuses undermine public trust.

Key Takeaways:

  • The Nigerian Constitution, specifically Section 14(2) (b), states that the security and welfare of the people shall be the primary purpose of government, emphasizing the importance of an effective police force in reassurance of citizens' safety and dignity.
  • The operational context of policing often places law enforcement officers in situations that implicate both the rule of law and fundamental human rights, requiring a delicate balance to be maintained.
  • The Nigerian Police Force has made commendable contributions to national security, but institutional deficiencies and abuses, such as brutality, unlawful detentions, extortion, and torture, undermine public trust and demand urgent reform.
  • Reports by Human Rights Watch document testimonies from individuals who were compelled to pay bribes to secure the release of detainees, violating Section 35 of the Constitution, which guarantees the right to personal liberty.
  • The Supreme Court has reiterated the constitutional limitations on pre-trial detention, emphasizing the importance of due process in maintaining a person's freedom.
  • The Police Act outlines the statutory functions of the police, including crime prevention, apprehension of offenders, and preservation of law and order, but these responsibilities are routinely betrayed.
  • The Administration of Criminal Justice Act (ACJA) mandates that persons arrested without warrant for non-capital offenses be charged within 24 hours or released on bail, but this safe guard is regularly flouted.
  • About 69.5% of confessions obtained by the Nigerian police are involuntarily extracted, and the most harrowing reports of torture methods employed by some officers include severe beatings, suspension by limbs, electric shocks, and psychological abuse.
  • These actions are not mere excesses; they are crimes against humanity that have dire consequences, including the loss of dignity and self-esteem of victims.
  • The Office of the Auditor General for the Federation revealed that over 178,000 arms and ammunition went missing from the Nigerian police arsenal in 2019, exacerbating criminality and exposing ordinary citizens to danger.

Statistics:

  • 69.5% of confessions obtained by the Nigerian police are involuntarily extracted.
  • Over 178,000 arms and ammunition went missing from the Nigerian police arsenal in 2019.
  • Many individuals have been subjected to severe beatings, suspension by limbs, electric shocks, and psychological abuse by the Nigerian police.

Sources:

  • Section 14(2) (b) of the 1999 Constitution of the Federal Republic of Nigeria.
  • Human Rights Watch report.
  • Ariori v. Elemo [1983] 1 SC 13.
  • Jim-Jam V Cop (2011) 2 Nwlr (Pt. 1231) Page 375 At 382 Para A.
  • Kayode Eso JSC in Ransome Kuti v. Attorney-General of the Federation [1985] 2 NWLR (Pt. 6) 211, 229.
  • Ekpu V Attorney-General Of The Federation (1998) 1 Hrlra (Page 421, Para A).
  • Police Act (Section 4).
  • ACJA (Administration of Criminal Justice Act, particularly Section 30(1)).
  • Julius Berger (Nig) Plc V Igp and Ors (2018) Lpelr-46127(CA).
  • The Federalist Papers by John Jay.