Administration of Criminal Justice System Through The law Enforcement Agent
CHAPTER ONE
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF THE STUDY
Law as one of the of the most
influential mechanism for the administration of criminal justice in any society
as well as a measure of social control creates some kind of orderly avenues under
which individuals and corporate bodies (police force) may come together, join
hands for the smooth running of administration of criminal justice system, maintenance
of law and order, prevention of crimes, preservation of law and protection of
lives and properties of an individual and society at large. It is to this effect that we have
laws that regulate the functions of the police and spells out the obligation of
an individual in the administration of criminal justice system in Nigeria Nigeria Nigeria before, although
the situation in the present day Nigeria
In Nigeria
1.2 STATEMENT OF PROBLEM
It is believed that for a country to be
stable in every aspect of life there has to be an effective and efficient security
system and it is only where there is peace and stability that a country will
prosper. Police force in Nigeria
plays a vital role in the administration of criminal justice system in Nigeria
From the above, it can clearly be seen that
police as law enforcement agent is vested with a wide range of powers in the
administration of criminal justice system ranging from search to the
prosecution of criminals. However, some times police perform military functions
as may be prescribed by any statutes. A country can only attain the status of
free crime or less crime state when they have a well organized system of police
and policing.
1.3 OBJECTIVES OF THE STUDY
The aims and objectives of this
research work is geared towards a thorough analysis in the administration of
criminal justice through the police vis-à-vis their role.
This research aims to show the importance of
the police in the administration of criminal justice system and policing in Nigeria Nigeria
Finally, it is on the strength of the
forgoing that this research work seeks to:
i)
Analyze he importance of the operational framework of the Nigerian
police in the administration of criminal justice.
ii)
Discuss the abuse of powers by the police
iii) To highlights on the regulatory
bodies of the police and their functions
iv)
Highlight on whether police adhere strictly to the laws guiding their
role in the administration of criminal justice system
v) Discuss on whether or not the
police infringe on human right of an individual
vi) Discuss dilemma in the police (political
interference, corruption and extrajudicial killing).
1.4 RESEARCH QUESTIONS
A country can only attain the status of free
crime or less crime state when they have a well organized system of police and
policing. But, the questions are:
1, Do we have a well organized system
of police in Nigeria
2, Do the police perform their duties
well and without any interference from the government, politicians and other
privileged figures?
3, Who are the regulatory bodies of
police and policing and how do they perform?
4, Do the police adhere strictly to
the laws, rules and regulations and ethics guiding them?
5, What are the obstacles that hinder
police from performing their duties in the administration of criminal justice
system?
6, How can a dilemma in police
(corruption and extra-judicial killing) be corrected?
1.5 SIGNIFICANCE OF THE STUDY
Security sector of a country is one
of the most important sectors that contribute immensely to the development of
almost each and every aspect of human Endeavour. In other words rule of law/ equality before
the law leads to justice and it is only where you have justice you will have
peace and stability. However, rule of
law can only be achieved where you have a perfect and well organized police
system as well as the credible personnel conscripted to that effect. This is
exactly a system where justice prevails. It is also the significance of this research
work to enlightening the citizens of their rights and obligations, the police
of their duties and responsibilities in order to avoid bias in the
administration of criminal justice.
Finally, it is a notable fact that, it is only
when you know where you came from that you know where you are heading to. This
research work will by the grace of Allah s.w.t help Nigerians to make them
acquainted with the historical development of police, the roles they played in
the administration of criminal justice system and the challenges they are
facing.
1.6 SCOPE OF THE STUDY
The scope of this research is basically
divided in to two major important aspects.
The first aspect will cover the
general overview of the Nigerian police in the administration of criminal
justice, how it all started that is police in pre-colonial era,
colonial era and post colonial era.
The second aspect is an analysis on
police and the roles they played in the administration of criminal justice, how
organized is the system, and the challenges they face while on duty.
1.7 DEFINITION OF TERMS
Certain terms used in the course of
compiling this research work are highlighted and briefly explain accordingly.
1.7.1 LAW
Law is a body of rules of conduct of
binding legal force and effect, prescribed, recognized, and enforced by
controlling authority.
1.7.2 LAW ENFORCEMENT AGENT
Is a public agent who protects life
and property, and uphold the law within a jurisdiction.
1.7.3 POLICE
Police is a civil force of national
or local government responsible for the prevention and detection of crime and
the maintenance of public order.
1.7.4 POLICING
Policing is a method used by a body
of government employees trained for law enforcement, crime prevention and detection,
and authorized to maintain the peace, safety and order of the public.
1.7.5 CRIME
Crime is an action or omission that
constitutes an offence that may be prosecuted by the state and is punishable by
law.
1.7.6 CRIMINAL
Criminal
is anyone convicted of a criminal offence.
1.7.7 JUSTICE
Justice is the use of power as appointed by
law, norms or standards to support fair treatment and due reward.
1.7.8 CRIMINAL JUSTICE
Criminal justice is a system of practices and institution of government directed
at upholding social control, deterring and mitigating crime, or sanctioning
those who violated laws with criminal penalties and rehabilitation effort.
1.7.9 ADMINISTRATION OF CRIMINAL
JUSTICE
Criminal justice administration refer to the
performance of activities such as detection, apprehension, detention, pre-trial
release, post trial release, prosecution , adjudication, correction,
supervision or rehabilitation of accused persons or criminal offenders or the
collection, storage and dissemination of criminal history record information.
1.7.10 RULE OF LAW
This is a concept that law applies to every
one equally
1.7.11 EXTRA JUDICIAL KILLING
This is the killing of a person by
governmental authorities without a sanction of any judicial proceedings or legal
process
1.7.12 CAUTIONARY WORDS
Are certain wards usually
administered to the accused as a warning on the implication of his statements
there are usually as follows:
“…you have the right to remain silent, and what ever you said may be used
for you or against you...”
1.7.13
TRIAL WITHIN TRIAL
Trial within Trial refers to the
procedure used to determine internal issues, such as the admissibility of
certain issues in a proceeding.
1.7.14 POLITICAL
TURBULENCE
Is a state of confusion characterized
by unpredictability and uncontrolled change.
CHAPTER
TWO
LITERATURE REVIEW
2.1 INTRODUCTION
The aim of this chapter is to review
some of the writes-up similar, closer or relevant to this research work by some
able scholars towards sanitizing the administration of criminal justice system
in the society. Although there are a lot of write-ups on the subject matter
each of which takes different dimension I, as a student of knowledge deems it
necessary to consider of some important points that if not addressed, will
become obstacles and may cripple the administration of criminal justice system
in Nigeria
In a paper presentation titled “powers of the police and criminal justice”
by Hon. Justice C.A. Johnson (former chief judge of Lagos
However, even though the learned
author in his wisdom extensively discussed administration of justice and the
role the police play where he rightly said “….public prosecution is principally the fruits of police investigates powers”
“It
is upon the effort of the police that judges build the administration of
criminal justice. I n the areas of investigation of crime, apprehension of
offenders, and often also the very prosecution of offenders, court are at the
mercy of the police.”
From the above it is clear that the
learned author hasn’t discussed anything that has to do with the discipline of
police, especially where the police acted in excess of their powers. The
researcher at this point deems it necessary to venture into the issue concerning
the discipline of the police.
S.G. Ehindero in his book titled “the Nigeria police and human rights” stressed
on the fundamental rights of the accused person especially while under
investigation in the police custody, the use of force by the police and other
issues on human rights the author posits “it
is recommended that the provision of our domestic laws as they affect police
powers of Arrest, search and Seizure, interrogation, charge and bail are well
assimilated…”
It has been reported many times over
police while investigating criminal used excessive force which some times
result into death of the accused person. Therefore, the researcher considers
the issue of violation of human rights by the police so fundamental that needs
a scholarly attention. For example the issues of extra judicial killing by the
police also need to be addressed.
2.2 POLICE AND
POLICING
The word police is derived from a
Greek Word ‘polis’, meaning that part of noneecclesiastical administration
having to do with safety, health and order of the state.
In Greek definition, police meant the
art of governing and regulating the welfare, security needs and order of the
city-state in the interest of public.
To Romans the word police meant same as that
of the Greek that is the symbol of power reside in the central authority.
Finally Police is a civil force of
national or local government responsible for the prevention and detection of
crime and the maintenance of public order.
Policing on the other hand is a
method used by a body of government employees trained for law enforcement,
crime prevention and detection, and authorized to maintain the peace, safety
and order of the public.
2.3 HISTORICAL
DEVLOOPMENT OF POLICE/ HOW IT ALL STARTED?
The word police
is derived from a Greek word ‘polis’ meaning that part of Non-ecclecsiastical administration having to
do with safety, health and order of the state. The Greek Politeria meant the
art of governing and regulating the welfare, security need of the city in the
interest of the public.
Although the
word police is derived from Greek but it was the Romans that perfected the
system. The roman Politia meant the something as the Greek Politeria. It was a
symbol of power residing in
central authority. Police
in Rome
In Britain Britain England
after the Norman Conquest, 1066 and later parish constable system after the
enactment of the statutes of Winchester
Before we
briefly described the above systems, it is relevant to observed that policing
and police work did not start as a paid up professional. It starts as a noble
incorruptible profession with considerable responsibility and distinction in England Britain
THE TYTHING
SYSTEM
There was a
system developed in Saxon where families were grouped in tens called Tythings. The next stage of administration were Tythings
to form hundred and the group of hundred to form a shire with a superior police
officer as a shire reeve. They were held responsible for keeping law and order
in their locality.
THE FRANK PLEDGE
Whereas the Tythings,
the shire were supervised by the local lords, the frankpledge was a system of
policing by a centrally controlled organ. When the Norman
conquered England the Norman
A, ensuring that the money collected from
Tything lords went to the king treasury
B, Tythings were
supervised by the medieval sheriff
C, defaulting
tything members were brought before central courts whose judges were the kings.
It was this
central control that lead to the demise of the system. The subsequent including
King Alfred and john were unable to give the Frankpledge the support they
deserved. Court to try erring members
sat only once in seven years before trial. On the other hand if they failed to
arrest the erring tything members they were subjected to fine too.
THE PARISH
CONSTABLE SYSTEM
The frank pledge
system was replaced by the parish constable system in 1283. The statutes of Winchester
Under the
statute, man from each parish would serve a gratuitous one year term as parish
constable. Each parish constable was responsible for organizing a group of
watchman who would guard the gates of the town at night. Where there was a
crime committed the parish constable would alert the entire parish by raising
hue and cry. It requires al parish citizens to keep arms in their homes and
give support to the parish when the
need arose. The parish constable also
performs the old Frankpledge duty of arresting offenders and brings them to
court. However as the office of parish constable evolved, series of central government measure
gradually made the work of Parish constable less dignified and more cumbersome.
2.4 ADMINISTRATION OF
CRIMINAL JUSTICE
Criminal justice administration as a concept is
defined to include the management of resources and personnel as well as
hands-on work making sure the law is upheld.
In another definition criminal
justice administration focuses on preserving and punishing illegal activities.
The field also covers terrorism prevention, social policy and immigration policy.
In addition working as an administration you can work in criminal justice
administration as police officer, correction officer and probation officer or
community relation advocate.
According to Wikipedia criminal justice
administration is a system of practices and institutions of government directed
at upholding social control, deterring and mitigating crimes, or sanctioning
those who violated laws with criminal penalties and rehabilitation efforts. On
the other hand those accused of crime have protection of law against abuse of
investigation and prosecution power.
In United State Criminal Justice Administration
has been guided by the 1967 President’s Commission on (law enforcement and
administration of justice) which issued a ground-breaking report “the challenge
of crime in a free society)
In United
Kingdom and Wales
While in Canada
In Sweden
Finally in china it is to keep
society to function well and to protect the person’s right.
From the above concepts it can clearly be seen
that the institutions shouldering the responsibilities of administration of
criminal justice are
The legislature with a duty of
creating laws, the Court to adjudicate and the Corrections (jail prison and
probation)
The personnel mention in the concepts
above are the police, judges, lawyers and other law enforcement agent.
Theoretically, Criminal justice is
the branch of philosophy of law that deals with criminal justice and in
particular punishment. The theory of criminal justice has deeply constructed into
other areas of philosophy, such as political philosophy and ethic as well as
the criminal justice in practice.
Some important question to be raised
in the theory is;
I, what is criminal justice?
2, how criminal justice is distinct
from other kind of justice of is it in fact distinct?
3, should we punish?
4, why should we punish?
5, whom should we punish?
6, how should we punish?
7, how much should we punish?
2.5 THEORY OF
CRIMINAL JUSTICE AS DISTINCT FROM OTHER THEORIES
Typically, legal theorist and
philosophers consider four distinct kind of justice namely:
Corrective justice, distributive
justice, procedural and retributive.
However, criminal law falls under
retributive justice a theory of justice that considers proportionate punishment
or morally acceptable response to crime.
Retributive justice is best captured by the phrase ‘lex-talionis’ the
principle of an eye for an eye which it self trace back to the book of exodus
which received it most well known philosophical defense from Immanual Kant
However in most of the theories there
is no way one can discuss criminal justice administration without making
reference to the theory of punishment.
Punishment is plainly defined as a penalty imposed by a legal system
along with stigma of wrongdoing or lawbreaking. And it has the following types:
1) Retributive theory
2) Reformative theory
3) I didn’t do it theory
4) Prevention theory
A closer examination of the above
concepts and theories on the administration of criminal justice above reveals
that there are some notable points and of vital importance in the
administration of criminal justice.
The concepts of criminal justice
administration discussed above turn out to entails the personnel whom are the
administrators as well as the government institutions conscripted and
established purposely for the administration of criminal justice respectively. The
theories on the other hand include punishment.
However, as a Nigerian and under the
Nigerian context I consider the above concepts and theories as incomplete,
because of the absence of any disciplinary control over the administrator and
the institutions established by the government. There is need to have a kind of
disciplinary control especially on the issues of corruption and arbitrariness
involving the administrator or the agencies.
CHAPTER THREE
METHODOLOGY
3.1 INTRODUCTION
The aim of this chapter is to explain the
methodology used in this research work,
that is the Area of study, Population of study, sample of study and finally the method of Data analysis.
3.2 AREA OF STUDY
The area of this study is Nigeria , commonly referred to as the federal republic of Nigeria Nigeria
is a federal constitutional in West Africa, bordering Benin in the west, Chad
and Cameroun in the east,
and Niger Gulf
of Guinea in the Atlantic
Ocean . It comprises 36 states and the Federal
Capital Territory ,
where the capital Abuja Nigeria
Modern day Nigeria Nigeria
protectorate and the northern Nigeria Nigeria
The country is viewed as
multinational states, as it inhabited by over 500 ethnic groups of which the
three largest are Hausa, Yoruba and Igbo, these egthnics Group speaks over 500
different languages and are identified with wide variety of cultures.
3.3 POPULATION OF STUDY
The population of study in this research work
is the Nigeria Nigeria
POLICE IN NIGERIA
Prior to the onset of colonization by
the British in 1861, traditional African policing method were rooted in the
community and closely intertwined with social religious structures. The
enforcement traditions belief and cultures were carried out by community
structures as aged grades (formal organization whose membership is based on
pre-determined age range secrets societies or vocational guides for example hunters,
farmers, fishermen) though this different system of crime control and law and
order was maintained largely without violence. However, police
origin is a product of social crisis in the society. British is single out
because there is similarity in the development of police in Britain and other countries, such as America , western European countries, India and even Nigeria India New York City London
police, initially were unarmed as was the London
COLONIAL
ERA
THE HAUSA
CONSTABULARY/ LAGOS
In Nigeria
THE ROYAL NIGER
The royal Niger Niger Ilorin
THE NIGER COAST
In 1891 the oil
river protectorate was declared with the headquarters at Calabar, this was the
handwork of Annesley who found it increasingly difficult to carry out consular
orders which were invariably against his interest. His mode of administration
was a conflict model in cross river, with his force; he allowed his commercial
interest to becloud his judgment. And the realization that early police force
in his homeland in Britain Niger Nigeria
THE SOUTHERN
POLICE FORCE
With the
proclamation of the protectorate of the southern Nigeria
a lot of men of the Niger
THE
AMALGAMATION/THE SOUTHERN POLICE 1930
In 1906 three
separate police force existed in Nigeria
there were the Lagos Lagos were merged with the
protectorate of southern Nigeria Nigeria Nigeria police force with headquarters in Lagos the inspector general then was Duncan
After the 1930th
the officers of the police force changed with the change in the colonial
administration except that the African officers were barred from the covert
senior rank such as superintendent. This defect persists until 1946. The Richard Constitution of 1946 aimed at
securing greater participation by Africans in the decisions of their own
affairs. But the defect was not eradicated by the Richard Constitution of 1946
because the Constitution only set out to promote participation of Africans not
management or conduct of their own affairs.
About 1935 the
colonial administration opted for a uniform title for its colonial police
force. As a result in 1937 the Nigerian
police force changed the title of its head from inspector general police to
commissioner of police. The titled of the assistant commissioner of police were
assumed by the immediate subordinate Officers. The former Commissioner and Assistant
Commissioner of Police became Superintendent and assistant Superintendent.
POST COLONIAL ERA
THE 1960, 1963 CONSTITUTIONS AND THE POLICE FORCE
The 1960
constitution established the Nigeria
police force as the federal force charged with the responsibility of
maintaining law and order throughout Nigeria
At that time the
command of the Nigeria
1, The police
council
2, Police
service commission
Section 101 of
the constitution provides that the police council shall be responsible for the
organization and administration of the Nigeria
Similarly,
section 103 of the constitution provides that the police service commission
shall have the power to appoint persons to hold or act in the Nigeria
On the 14th
day of October 1986 the federal military government reorganized the Nigerian
police force. It instructed the police force into five new directorates. Each
headed by the deputy inspector general of police and even zonal commands. Each
headed by assistant inspector general of police. The directorates are:
1, Operations
2, Finance and
administration
3, Criminal
investigation department
4, Logistics and
supplies
5, Training
The zonal
commands were;
1, Zone one
includes Kano Kaduna Sokoto with headquarter at Kano
2, zone two: Lagos
Osun and Oyo with headquarters at Abeokuta
3, Zone three: Borno,
Bauchi and Gongola with headquarters at Yola
4, Zone
four: Benue ,
Anambra and Plateu with headquarters at Makurdi
5, Zone five:
Ondo Bendel with headquarters at Benin
6 Zone six
rivers Imo and cross river with headquarters at Calabar
7, Zone seven Kwara , Niger
and F.C.T Abuja with headquarter at Abuja
With the
creation of six additional state in 1996 Katsina became under zone one and one
additional was created to include Lokoja Kwara, Ondo Ekiti and Osun with
headquarters at Lokoja.
The departments
are as follows:
i,
Administration
ii, Operation
iii, Works
iv, General
investigation
v, Training
vi, Research
Section 214 of the 1999 Nigerian
constitution warranted the establishment of the Nigeria
“There shall be
a police force for Nigeria
The Nigerian police force and subject to
the provisions of this
Section no other police shall be
established for the federation or
Any part thereof”
Similarly, section 3 of the police Act provides
‘There
shall be established for Nigeria
a police force to known as the Nigeria
Section 4 f the
police Act provides fore the general duties of the police that is the
prevention and detection of a crime, apprehension of offenders, preservation of
law, protection of lives and properties of citizens, enforcement of all laws
and regulations and performing military duties as may be required of them or
under the authority of any other Act.
In Nigeria
Moreover, police force is one of the law
enforcement organs that have a widest power and these powers are provided by
the following sections of the police Act. Sections ss.23 empowers the police to
prosecute, ss.24 arrests without warrant, ss.25 arrests without warrant in
procession, ss.26 deals with summons, section 27 empowers he police to grant
bail to the person arrested without warrant. Section 28 of the police Act
empowers the police to conduct search, section 29 to detain and search
suspected persons and finally section 30 of the police Act empowers the police
to take fingerprint.
The above sections went further to
state that no other police shall be established for the federation apart from
this one for the federation or any part thereof.
Section 215 of the constitution
vested the power to appoint the inspector general of police to the president of
the federal republic on the advice of the police council
Section 215 (3) provides that the
president or such other minister of the federation as may be authorized in that
behalf may give to the inspector general of the police such lawful directions
with respect to the maintenance and security of the public safety
Similarly section 215(4) vested
similar power to the governor of all the states in the federation and their
commissioners.
3.4 SAMPLE OF THE
STUDY
The sample of the study in this
research work is the operational framework of the Nigeria
police in relation to the Administration of Criminal Justice System in Nigeria
3.5 METHOD OF DATA ANALYSIS
The method of Data analysis used in this
research work is simply Content Analysis,
CHAPTER FOUR
PRESENTATIONM AND ANALYSIS
4.1 INTRODUCTION
The researcher at this juncture finds
it necessary to present, discuss and analyzed issues bordering on the general problems the police
faced in the cause of the performing their duties ranging from organizational
problems, the challenges they faced i.e. lack of equipments, welfare and
incentives to the issues of abuse of
power, corruption and extra-judicial
killing.
It is also the aim of this chapter is
to have a clear understanding on the powers of police in relation to the
administration of criminal justice in Nigeria Nigeria
4.2 POWERS OF THE POLICE TO SEARCH
Sections 28(1), (2), (3) and (4) of
the police Act empowers the police conduct searches the sections say:
Section 28 (1) “A superior police officer may by authority under his hand authorize any
police officer to enter any house, shop, warehouse or other premises in search
of stolen property, and search therein and seize and secure any property he may
believe to have been stolen, in the same manner as he would be authorized to do
if he had a search warrant, and the property seized, if any, corresponded to
the property described in such search warrant”
(2) “in every case in which any property is seized in pursuance of thus
section, the person on whose the premises it was at the time of seizure of the
person from whom it was taken if other than a person on whose premises it was
may unless previously charged with receiving the same knowing it to have been
stolen, be summoned or arrested and brought before the magistrate to account
for his possession of such property and such magistrate shall make such order
respecting the disposal of such property and may award such costs as the
justice of the case may require”
(3) “ such authority as aforesaid may only be given when the premises to be
searched are, or within the preceding twelve months have been in occupation of
any person who has been convicted of receiving stolen property or of harboring
thieves, or of any offence involving fraud or dishonesty, and punishable by
imprisonment”
(4) “it shall not be necessary on giving that authority to specify any
particular property, provided that the officer
granting the authority has reason to believe generally that such property have been made a receptacle for
stolen property”
4.3 POWER TO INVESTIGATE AND
INTERROGATE
Section 4 of the police Act empowers
the police with the following”
“the
police shall be employed for the protection and detection of crimes, the
apprehension of offenders, the preservation of law and order, the protection of
life and property and due enforcement of law and regulation with which they are
directly charged,…..”
4.4 POWERS OF THE POLICE TO ARREST
Section 10 of the criminal procedure
Act conferred to the police to arrest without warrant. Similarly Section 24 (1)
of the police Act in addition to the power of the police under the above
section the police Act provides:
“in addition to the powers to arrest without warrant conferred upon a
police officer by section 10 of the criminal procedure Act, it shall be lawful
to any police officer and any person
whom may call to his assistance to
arrest without warrant………”
Additionally, section 25 of the
police Act empowers the police to arrest without having arrest in procession.
The section provides as follows:
“Any warrant issued lawfully by any
court for apprehending any person charged with any offence may be executed by
any police officer at any giving time notwithstanding that the warrant is not
in his possession at the time , but the warrant shall on the demand of the
person apprehended, be shown to him as soon as practicable after his arrest ” .
4.5 POWERS OF THE POLICE TO PROSECUTE
Section 23 of the police Act vested
in the police powers to prosecute
The section provides:
“subject to the provisions of section
160 and 191 of the constitution of the federal republic of Nigeria which relate
to the power of attorney general of the federation and of a state to institute
and undertake, take over and continue or discontinue criminal proceeding
against any person before any court of law in Nigeria any police person may in
person conduct all prosecutions before any court whether or not the information
of the complain was laid in his name”
4.6 POWER OF THE POLICE TO DETAIN AND
CONDUCT SEARCH
Section 29m of the police Act empowers
the police to detain and conduct search the section provide:
“A
police officer may detain and search any person whim he reasonably suspects of
having in possession or conveying in any manner any thing which he has reason
to believe to have been stolen or otherwise unlawfully obtained”
4.7 POWER OF THE POLICE TO TAKE
FINGERPRINT
Section 30 of the police Act confers
unto the police the power to take fingerprint the section provides as follows:
“It
shall be lawful to any police officer to take and record for the purposes of
identification and measurements, photographs and fingerprints impression all
persons who may from time to time be in lawful custody”.
From the above it can be clearly be
seen that police plays a vital role in the administration of criminal justice,
in fact, police is the only law enforcement agent vested with the widest power
but, the nagging question is now lies on the use or abuse of such power. This
will by the grace of Allah swt be discussed in the following chapter.
4.8 GENERAL PROBLEMS IN THE POLICE
Moreover, section 4 of the police Act
provides for the general duties of the police that are the prevention and
detection crimes, apprehension of criminals, and preservation of law an order
and perform such other military function as may be required by any other Act. Taking
into consideration the duties and responsibilities of police and the risk
involved in it there s need to provide the police all that they need that will
help them to discharge their responsibilities, but very unfortunate you may
find a police officer being transferred to a distance place without transfer
allowances he/she has to find their way to where they have been transferred. Similarly
when it comes to the issues of equipment it is a known fact that police are
short of equipment, requisite weapons and other important machines that will
assist them in assist them. Some times this may lead the police to arrive at a
crime scene at a later time. They may run away out fear especially while
confronting armed robbers.
In developed countries, the police
are almost fully equipped at any time to the extent they have lie detector and
other sophisticated gadget, thereby investigating and interrogating the suspect
without any form inhuman treatment.
As stated above the bodies responsible for
regulating the affairs of the police are the police council and the police
service commission. Apart from these two bodies is senate committee on police
affairs though it doesn’t have constitutional backing.
It is a known fact that unnecessary
transfer of a police officer who is in t he middle of investigation of a case
may interfere with the cause o f justice.
Lack of equipment is another factor
that leads to the deterioration of police duties. The poor management, low
incentives, delay in salary and other entitlement are also some of the factors.
You may in many occasions find situation where a police officer is transferred
to a far distance location without transfer allowance. Adamu Ashana is a police
officer serving under Sabon Gari divisional police station of Katsina state.
Sometimes around 1999, Adamu was transferred to Adamawa state while serving in
Adamawa where he was transferred to he had an accident and sustain serious
injuries. He hasn’t been treated by the police in fact he has to take himself back
to home for treatment.
The constitution and the police Act
are the major laws that regulate the conduct of the police. But, the problem
now is does the police adhere strictly to the provisions of those laws and the
limitation set out in them? The answer to the above question is no ,this is
because when it come to the issue recruitment of new police officers the
recruitment's is not base on merit, is a question of whom you know.
Also when it comes to the issues of
investigating a case, the usual techniques by the police is torture,
inducement, duress and threat. As regard
to the right of an accused person they don’t care, sometimes you may find out
they don’t bother to administer the cautionary ward to the accused person, when
the matter move to court trial within trial has to be conducted to make sure the
confessional statement made by the accused person was made voluntarily.
However, it is clear from the above the duties
of the police is the maintenance of law and order, preservation of law,
prevention and detection of crime and protection of life and property of a
citizens. But are they protecting the lives properties of the citizens?
Sometimes around 2000/2001 in Funtua
local government area of Katsina state along Zaria-Funtua road a police officer
shot and killed one Malam Abdallah simply because the driver of the car which Malam
Abdallah happens to be a passenger refused to stop the car at the check point.
In 2009 Muhammad Nasir Buhari from Taraba state was shot and killed by the
police in Abuja
Finally, the strict adherence to the rule of
law by the police can only be achieved where the police organization become
independent.
4.9 POLICE AUTONOMY
Section 215ssss of the 1999
constitution as amended vested the power to appoint the inspector general of
police to the president of the federal republic of Nigeria
Section 215 (3) provides that the
president or such other minister of the federation as may be authorized in that
behalf may give to the inspector general of the police such lawful directions
with respect to the maintenance and security of the public safety
Similarly section 215(4) vested
similar power to the governor of all the states in the federation and their
commissioners.
From the above provisions of the
constitution it can clearly be seen that the appointment of the inspector
general of police is by the president and as such the inspector general of
police is susceptible to all forms of interference and inducement by the
president.
In Nigeria
4.10 POLICE AND HUMAN RIGHT
In order to put police work into perspective,
there is need to look in previous chapter on the origin of policing, the
changing nature of the force as a core to policing in law enforcement. Of
course this necessarily brings us to the discussion of the interplay between
police duties and Human Right.
WHAT ARE THESE RIGHTS?
Human right are rights that you and I
posses as human beings. They are inherent, inalienable and imperceptible
rights aimed at preserving the worth and dignity of a persons as human beings. They are not necessarily right of individuals but
collective rights or rights of group.
These rights are not necessarily
legal right as Osita (2004) want us to believe that, because people have them
irrespective of whether they are enacted or not. According to A.J.M Milne
(1998) human right are right which people have simply as human beings
irrespective of nationality, religion, citizenship, marital status, occupation
or income or other social and cultural characteristics, and also irrespective
of sex. Milne went further to classify these rights in to legal, moral, social
and customary rights. To him legal rights are rights conferred and correlative
obligations imposed by a particular law which is part of a legal system of the
community. His moral rights include the right to keep promise while his
customary rights are those which arise out of custom and finally social rights
are those which one can have as a member of a particular community, member of a
voluntary association as clubs, trade union, etc.
However, chapter four of the 1999
constitution of the federal republic
of Nigeria
·
Rights to life
·
Right to dignity of human person
·
Right to personal liberty
·
Right to fair hearing
·
Right to private and family life
·
Right to freedom of thought conscience and religion
·
Right to freedom of expression and press
·
Right to peaceful assemblies and association
·
Right to freedom of movement
·
Right to freedom from discrimination
·
Right to acquire and own immovable property any where
in Nigeria
The above are the fundamental rights
enshrined in the 1999 constitution of the federal republic of Nigeria
A, Presumption of innocence. Meaning
that a person charged with criminal offence before a court of law is presumed
innocence until he has been proof guilty by the prosecution.
B, Right to remain silence. An accused person has a right to remain
silence that no body can forced him to testify against him self.
C, Right against double jeopardy. Meaning that a person tied
and convicted in a particular court
of law cannot be brought again before such a court and convicted for the same
offence.
D, Right against retrospective Laws
E, Right to counsel of his own choice
F, Right against torture,
G, Right to explain to the accused
person the nature of the offence he is been charged with in the language he
understand.
H, Right to interpreter.
G, Right to be brought before a court
of law within a reasonable time.
The above rights are mainly for the
protection of accused person against the use of excessive powers of the police.
Some times you may find a situation where the police implore torture from the
initial stage of investigation against a suspect to extract information; it is
also a common fact that trial within trial has to be conducted in criminal
proceedings to make sure that the confessional statements by the accused person
were made voluntarily. This is because
the method police adopted is always torture if not, threat and other forms of
illegal ways they device to get the kind of information they want from a
suspected criminals. However, sections 42 and 129 of the criminal procedure
code provide that a person arrested for the commission of criminal offence must
be charged before a court within the reasonable time. The sections specify the
maximum of 24 hours; therefore accused person cannot be detained in the police
custody for more than 24 hrs without being taken to court. However, you may
find in many occasions the police exceeding the limitations setout by the
law.
4.11 DILEMMA IN THE
POLICE
According to
section 9 of the police Act police council is the body saddled with the
responsibilities of policy formation and administration of the force. The
question now is does the council perform what its supposed to performing?
In the main we
will consider the cogs in the wheel of progress in police activities in the
administration of criminal justice as we know public prosecution is principally
the fruit of police investigative powers. It is upon the effort of the police
that judges build the administration of justice, the major problem is the
political turbulence.
However the
court can only deal with the type of cases presented by the prosecution before
them, no matter how shoddily they are investigated and presented. Sometimes the
police say they cannot get the potential witness whose evidence is very vital
through negligence or sometimes they may even connive with the suspect or his
relations, or deliberately failed to serve subpoena to witness or any order of
the court. It is very sad but undeniable
truth that ordinary police men on whose shoulder the functioning of the system
truly lies is eminently susceptible to corruption for a very small sum. These
resulted from poor salary scale and bad leadership. Sometimes investigating
officer may unnecessarily transfer to other distance place or compulsorily
retired, these may also lead to delay in the administration of criminal
justice. Section 20 of the police Act empowers the police to arrest without
warrant, most times this power is exercised peremptorily or arbitrary.
On the other
hand where there is political or other turmoil police they have been ask to
undertake joint patrol with army personnel while with little or no education,
bereft of sustained or any discipline
poorly clad and paid, denied value and other outfit with which too
answer any sudden summon for aid . As such our police are the necessary easy
target for corruption influence.
In other word policing a democratic
society is never uncontroversial partly because policing is concern with the
resolution of conflict and the control of behavior
Conflict arising from contradictions
and inequalities in our society resulting in criminal offences and trade
Demonstrations and disturbance. To prevent the commission of criminal offences
and the dispute police have legal duties to do their duties and deny others
their unconstitutional actions.
In performing these duties, the
police are agent of the government and at the same time servant of the
citizens. In a world short of sheikh full of sinners, the task of the police is
arduous. More so, when the crimes and conflict in our society is against the
state some time between interest group rather than between right and wrong. So
that what ever action or omission police man takes is bound to offend the
accused and a group of individuals. The sad action or omission is that these
criminal and interest group do not believe in changing the law through the
legal process but breaking it. They expect the police to bend the rule in their
favor.
4.12 EXTRAJUDICIAL KILLING BY THE
POLICE
This is the killing of a person by
governmental authorities without a sanction of any judicial proceedings or
legal process, extrajudicial punishment are mostly seen by humanity to be un-ethical, since they bypass the due process of the legal jurisdiction in which
they occur. Extrajudicial killing often target leading political, trade union,
dissident, religious and social figures, and may be carried out by the state
government or other state authorities like the arm forces or police.
In May 1999 a democratic regime was
inaugurated after a protracted period of military rule. Since the advent of
democratic rule there have been uncountable incidences of politically motivated
assassination, thuggery and banditry. The menace of armed robbery and other
violent crimes has become phenomenal. Live and property has become very
insecure in the Nigerian states. The various tiers of government in Nigeria
The police are also frequently
subjects suspect to torture for the purpose of extracting confessional
statements from them, or to satisfy whoever employs them to make the arrest.
4.13 THE KILLING OF MODU YUSUF (BOKO
HARAM LEADER)
The extrajudicial killing of Modu Yusuf
by the police and army has become a notorious fact that leads to the escalation
of serious religious uprising claiming hundred thousand of innocent lives in Nigeria
The awful video footage shown by the Aljazeera
television of the Nigerian police and
army unit carrying out extrajudicial killing in the aftermath clashes with the
Boko Haram members call to question the role played by the security forces
in the last Boko Haram uprising, in the
footage a number of an unarmed civilians were seen forced to lie down on the
streets and then shot at a cruel point blank range that were never seen any
where, more awful shocking pictures that
came from the footage like fairy tale one of the officers was heard urging his
colleagues not to shoot the unarmed civilian on the head but rather on the
chest as he wanted his hat. The element of the army and police who staged the
follow-up operation after the July’s Boko Haram uprising in which estimated
thousands Nigerians were killed selecting individual at random after house to
house search and taken to the police station shocked the world. The unfortunate
footage broadcast and widely circulated on the internet shown unarmed men hurled
and forcefully told to lie down on the street and shot on the head. As the
execution continued on one man was told “sit properly, we want to take your
picture” the kind of so called jungle justice emanating from the populous
nation in Africa carried out by security officers who were meant to protect
their citizens. In the contrast a metropolitan police officer in London
CHAPTER
FIVE
SUMMARY, RECOMMENDATION AND CONCLUSION
5.1 INTRODUCTION
This chapter will by the grace of
ALLAH S.W.T. be the last chapter of this research work and at this point summary,
recommendation and conclusion will be dealt with.
5.2 SUMMARY
This research work begins by giving a
highlight on what criminal justice administration is and the role of police as
a law enforcement agent, the historical development of police and policing
through the ages down to the development of police in Nigeria Nigeria Nigeria
5.3 CONCLUSION
The role of police in the
administration of criminal justice is very vital, so much so that the stability
of internal security of any civilized society defends on it. Sanitizing the
entire police organization will definitely yield effective policing in Nigeria Nigeria Nigeria
5.4 RECOMMENDATION
On the basis of this research work and
findings, the following recommendations were made which if implemented will
sanitize the police in Nigeria
1) Expanding the
police organization in Nigeria
by recruiting additional officers as well as establishing police institution in
Nigeria
2) Educating the
public on police duties and creation of community policing.
3) Better salary
scale and incentives will also improve policing in Nigeria
4) Taking a
disciplinary action on any police who violates human right of an individual or
who use torture, threat, inducement and coercion on the suspect to extract
information.
REFERENCES
1999
Constitution of the federal republic
of Nigeria
Criminal
Procedure Code (CAP. 30)
Fundamental
rights (Enforcement Procedure Rules 2009
)
The Police Act
5) Adebayo, A.M (2012)
Administration of Criminal Justice System in Nigeria, Princeton Publication Co.
Ikeja, Lagos
6) Newman, D.J
(1978): Intrduction to Criminal Justice New
York
7) Ehindero S.G. (1998) the Nigeria Police and Human Rights Ehindero Nigeria
8) Garner, B.A.
(2004) Blacks Law Dictionary 8th Edition, New York
9) Doherty, O.
(1999): Criminal Procedure Law and Practice, London
10)
HON. C.A.
11)
Danbazau, A.B. (2007) Criminology and Criminal Justice,
Ibadan, Spectrum Books Limited.
12)
Danbazau A.B. (1994): Law and Criminology in Nigeria , Analytical Discuss, Ibadan University
13)
Abdullahi U.
14)
Ikechi, C.M (2012): To Do Justly, Great Britain CPI
Group (UK
15)
Chukol, K.S. (1998)
The Nigerian Criminal Law, Ahmadu
Bello University
Zaria
16)
Ayo. A.M. (1999) Human Right and the Administration of
Criminal Justice in Nigeria
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