THE CHALLENGES TO EFFECTIVE POLICING IN NIGERIA
DOI :
https://doi.org/10.60787/kblsj.v1i2.18Mots-clés :
Security, Community, Partnership, Performance, Brutality, law enforcerRésumé
Abstract
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There has been serious crave for socio-political and economic development in Nigeria. Over the years, this desire appeared elusive premised on an institution to effect and check maintenance of law and order. Historically, there have not been an enduring and visible stable security and order in Nigeria, capable of guaranteeing development in a developing and heterogeneous society such as Nigeria. It is an axiomatic fact that every multi-cultural society requires an efficient police force. This requirement of efficiency is lacking in Nigeria. Members of the public have occasionally been miffed with the present police system, and usually, their resentment has not conveyed the much desired lessons on the NPF. There is mutual distrust operating between the personnel of the Nigeria Police Force and the members of the public, apparently on account of the performance of the members of the police force. Policing requires a taciturn reciprocity on the part of the public as well as approval of its existence, actions and behaviour in order to maintain public respect. It is in view of the above, that the authors argued that reciprocity remains an indispensible relationship and a desideratum. The paper therefore maintained the existence of challenges which are both systemic and institution-based impeding the wheel of progress to effective policing system. The authors therefore concluded by recommending both executive, legislative and socio-political interventions, in order to have an enduring, stable and effective police force in Nigeria.
Références
[Hereafter, The NPF] See S. 214 (1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended. See also, section 3(1) of the Nigeria Police Act, 2020.
Section 214(2) (b) of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
Some of the enactments that confer powers on the police include the Administration of Criminal Justice Act, (ACJA) 2015, the Administration of Criminal Justice Laws (ACJLs) of the various States that domesticated the ACJA, the Criminal Procedure Act, Cap C41, Laws of the Federation of Nigeria, 2004 and the Criminal Procedure Code, Cap. C42, Laws of the Federation of Nigeria, 2004.
The Nigeria Police Act, 2020 which repealed the Police Act, Cap. P19, Laws of the Federation of Nigeria, 2004.
A. S Hornby, Oxford Advanced Learner’s Dictionary of Current English, 7th ed., (Oxford University Press, 2005), p. 469.
Although Nigerians expect much more from the NPF, it must be acknowledged that Policemen in Nigeria are rowing their boat very hard but the storm in the sea is enormous. This can be seen from the various successes that are oftentimes recorded and made public in various parts of Nigeria, notwithstanding the inadequacies.
A K Anya., Moral Rules, Effective Laws and the Nigerian Society, Igbinedion University College of Law Journal (2009) 8 Pp. 68-83; ResearchGate.com/profile/anyakingsleyanya.
For instance, the violent crime of armed robbery became rampant only after the Nigerian civil war in the 1970s.
On 12/01/1897, a British force led by Britain’s Acting Consul General James Philips that was heading to Benin was ambushed by an Edo force killing almost the entire force including its leader. On 12/02/1897, the British force re-assembled and entered Benin and in time captured Oba Ovonramwen of Benin and deported him to Calabar where he stayed until he died in exile in 1914. Accessed on 12/02/2017 at 12:05 pm. Prior to this time, Oba Kosoko of Lagos (1845-1851) who was at loggerhead with the British on economic grounds bothering on slave trade was dethroned first to Badagry and later to Epe. Accessed on 12/02/2017 at 12:30 pm. See generally, Jubo Jubogha who was sold into slavery at the age of 12 and who later became a business mogul and king popularly known as King Jaja of Opobo. He was able to gain the monopoly of the lucrative palm oil trade of his time against the Europeans. This led to the conspiracy that culminated to the declaration of Opobo as a British colony in the Berlin conference of 1884 and when Jaja refused to cede taxation to the British, he was invited for negotiations in 1887 and upon his arrival, he was arrested and tried in Accra Gold Coast and exiled to Saint Vincent in the West Indies. In 1891, Jaja was granted permission to return to Opobo but died en route allegedly poisoned with a cup of tea. Accessed on 12/02/2017 at 2:00 pm.
S. G. Ehindero., Police and the Law in Nigeria (Time Press, 1986), Pp. 1-3.
Nigeria Police Act, 2020.
Ibid., see section 4.
S. 66 Police Act. The term “prosecution” in criminal litigation presupposes the institution and carrying on of legal proceedings against a person accused of having committed a crime. The legal proceeding is to be brought before a court of competent jurisdiction which will determine whether the accused person actually committed the offence in a fair trial so that appropriate or commensurate punishment can be meted on an accused person who is guilty and where it is otherwise, such accused person is discharged. The person who prosecutes is called a prosecutor and it is his responsibility to present the case for the prosecution through a carefully drafted charge or information against the accused person and by calling relevant witnesses on behalf of the State. Well known prosecutors in Nigeria are the Attorney-Generals of the Federation and the State as provided in the Constitution of the Federal Republic of Nigeria, 1999 in sections 174 and 211; and the Police as provided in section 66 of the Police Act, 2020. Private prosecutors may also carry out the duties of prosecution based on a fiat issued by an Attorney-General. Enactments can also make provision for prosecution under it as in section 61 of the Independent Corrupt Practices and Other Related Offences Commission.
As the “tag” of the protests suggests, the protests were intended to make the relevant authorities to “end” or disband the Special Anti-Robbery Squad (SARS) unit of the Nigeria Police Force across the country which was alleged of extra judicial killings, extortion, human rights violations and many other misconducts.
He is the 20th indigenous Inspector-General of Police. He made the above statement while defining the status of the Special Constable with respect to the use of firearms as published in the Nigeria Police Force Community Policing Handbook, 2020 at p. 21.
Italics, mine for emphasis.
The Constitution of the Federal Republic of Nigeria, 1999, as amended
Ibid. section 14 (1) (b).
Nigeria Police Act, 2020
Ibid. section 4.
Robert McNamara is an American business executive and was the 8th Secretary of Defence in the United States of America between 1961 and 1968 under Presidents John F. Kennedy and Lyndon B. Johnson. His view on security was written by CP. Olayinka Balogun, fsi (Rtd.) in an article captioned: “Security Challenges in Nigeria: Causes, Effects and Panacea from Islamic Perspective.” See, Crime World Magazine, Vol. 2, No. 4, April 2014, at p. 51.
CP. Olayinka Balogun, fsi (Rtd.), is a lawyer, political scientist, a security expert and a retired Commissioner of Police. See generally, “Security Challenges in Nigeria: Causes, Effects and Panacea from Islamic Perspective,” in the Crime World Magazine, Vol. 2, No. 4, April 2014, Pp. 51, 52
The need for financial autonomy of the NPF cannot be over-emphasized. The autonomy of the NPF must be reflected and effected in the Constitution of the FRN 1999.
Annual Report of the Nigeria Police, Published by the Department of Research and Planning, Force Headquarters, Abuja, p. 32.
'Manpower wastages' is a concept used to describe all those who exited the force through death, retirement, dismissal, desertion etc.
Annual Report of the Nigeria Police Force, Published by the Department of Research and Planning, Force Headquarters, Abuja, p. 32.
Economic Intelligence Unit (2005) Riskwire, 1 Feb., 2005, http://riskwire.eiu.com, as quoted in A. B. Dambazau, Criminology and Criminal Justice, (Spectrum Books Limited, 2012 at page 153.
Such as Medical units, electrical and electronics, telecommunications, and other support services.
[Hereafter, The PSC]
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