The Role of Police on the Administration and Criminal Justice System in Nigeria
Chapter One
OBJECTIVES OF THE STUDY
The general objective of this study is to examine the role of the police in the effective administration and criminal justice system in Nigeria. The specific objectives are:
- To ascertain the role of the police in the effective administration and criminal justice system in Nigeria.
- Determine if the police force alone can achieve an effective administration and criminal justice system in Nigeria.
CHAPTER TWO
REVIEW OF LITERATURE
INTRODUCTION
Our focus in this chapter is to critically examine relevant literature that would assist in explaining the research problem and furthermore recognize the efforts of scholars who had previously contributed immensely to similar research. The chapter intends to deepen the understanding of the study and close the perceived gaps.
CONCEPTUAL FRAMEWORK
BRIEF HISTORY OF THE NIGERIAN POLICE FORCE
The amalgamation of Northern and Southern Nigeria in 1914 was a precursor to the formation of the present Nigeria Police Force on April 1, 1930, with its headquarters in Lagos, commanded by an Inspector-General of Police. Nigerians assumed the overall leadership of the Force in 1964 when the late Louis Orok Edet was appointed the first indigenous Inspector-General of Police. Since then twelve other Nigerians, including the incumbent, Mohammed Abubakar, have been at the helm of the police affairs. The Nigerian Police Force is a product of the nation’s Constitution: the 1999 Constitution Section 214(1) stipulates that: “There shall be a Police Force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this Section no other police force shall be established for the Federation or any part thereof.” The Nigeria Police is a national force and the only one operating throughout the country. Thus, by virtue of Section 4, Police Act of 1967, Cap 359 of the Laws of the Federation 1990, power is conferred upon the Force for the maintenance of law and order throughout the country. The Nigerian Police has a centralized management command and control structure in which the Inspector-General of Police singlehandedly determines both policy and operational matters. As the head of the Force, the Inspector-General of Police is appointed by the President but on the advice of the Nigeria Police Service Commission, from among some serving top hierarchy of the Force (NOPRIN, 2007). However it is to be noted that from the colonial period to date, the role of the Nigeria Police has been quite reflective of the political, economic and social developments in the country. In other words, the character, roles and priorities of the Police in the country are principally determined by the changing nature of the political and economic structures of the country at different times.
THE LEGAL BASIS
There is no doubt that the foremost state agency that combats crime and criminals as its foremost role in the administration of justice in Nigeria is the police with the support of the legal profession, the courts and the prisons. To be able to do this effectively, the police must have the legal basis for doing so. Put differently, the police must have the legal empowerment to play its role. In this regard, both the Nigerian Constitution and the Police Act (Laws of the Federation of Nigeria, 1990) give the police very wide powers in the performance of their duties. Thus, the role of the police in the administration of justice is one prescribed by law (The Supreme Court, 2002). Section 214 (2)(b) of the 1999 Constitution provides that the members of the Nigeria Police Force shall have such powers and duties as may be conferred upon them by law. The major law which provides for such powers and duties of the police is the Police Act. But apart from the Police Act, sections 7 – 15 of the Sherrifs and Civil Processes Act (L.F.N.,1990), sections 3 – 11 of the Criminal Procedure Act, (L.F.N.,1990), amongst other laws, also provide for special and particular powers and duties of the police. As shall be postulated in this paper, the law, in prescribing the role of the police, vests in it, the power to arrest any offending person, to search and detain any such person, and to conduct prosecutions in courts of law. Section 4 of the Police Act provides for the role of the police as follows: The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged and shall perform such military duties within and without Nigeria as may be required of them by or under the authority of this or any other Act. As can be deduced from the above, section 4 of the Police Act encapsulates the role of the police and makes it clear that the first and foremost duty of the police is to prevent and detect crime as well as to apprehend offenders. It is in light of this provision that we shall discuss the role of the police in the administration of justice in Nigeria.
CHAPTER THREE
RESEARCH METHODOLOGY
AREA OF STUDY
Niger state, west-central Nigeria, bounded to the south by the Niger River. It is also bounded by the states of Kebbi and Zamfara to the north, Kaduna to the north and northeast, Kogi to the southeast, and Kwara to the south. The Abuja Federal Capital Territory is on Niger state’s eastern border, and the Republic of Benin is its western border. The landscape consists mostly of wooded savannas and includes the floodplains of the Kaduna River.
Suleja is a city in Niger State, Nigeria, pop. local government area, 260,240, just north of Abuja, capital of the Suleja Emirate.
RESEARCH DESIGN
Research designs are perceived to be an overall strategy adopted by the researcher whereby different components of the study are integrated in a logical manner to effectively address a research problem. In this study, the researcher employed the survey research design. This is due to the nature of the study whereby the opinion and views of people are sampled.
POPULATION OF THE STUDY
According to Udoyen (2019), a study population is a group of elements or individuals as the case may be, who share similar characteristics. These similar features can include location, gender, age, sex or specific interest. The emphasis on study population is that it constitute of individuals or elements that are homogeneous in description.
This study was carried out to examine the role of police in the administration of criminal justice system using Zone 5 Police Station in Suleja, Niger State as case study. Therefore, police personnel’s from police stations and also some other law enforcement agency personnel’s in Suleja LGA forms the population for the study.
CHAPTER FOUR
DATA PRESENTATION AND ANALYSIS
INTRODUCTION
This chapter presents the analysis of data derived through the questionnaire and key informant interview administered on the respondents in the study area. The analysis and interpretation were derived from the findings of the study. The data analysis depicts the simple frequency and percentage of the respondents as well as interpretation of the information gathered. A total of Fifty (50) questionnaires were administered to respondents of which 47 were returned and validated. For this study a total of 47 was validated for the analysis.
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION
SUMMARY
The main focus of this study is to examine the role of police on the administration and criminal justice system in Nigeria. Survey research design was employed for the study and using purposive sampling technique, 50 police personnel was selected from police stations in Suleja Local government of Niger State. A well structured questionnaire was issued and out of 50 enrolled participant 47 were returned and validated for the study. Data was analyzed using frequency and tables.
Findings from the study revealed that the role of the Nigeria Police Force include maintaining justice, law and order in the society. Moreso, owing to the increase in crime in the society, the Police alone cannot handle the administration of criminal justice, other law enforcement agencies should be greatly involved.
CONCLUSION
As has been shown in this research, the police play a very vital role in the administration of justice. In fact, one wonders what the polity would be without the police.
The role of the police which is predicated on constitutional and statutory provisions, include the maintenance of law and order through the prevention and detection of crime, apprehension of offenders, the investigation of persons alleged to have committed an offence as well as through the exercise of the power to grant bail to suspects under police custody.
The police also participate positively in the administration of justice by conducting prosecutions as well as defending police officers facing trials in court. Furthermore, the police is engaged in the execution or enforcement of court orders and judgments. In doing so, they enhance the honour, respect and integrity accorded the court by compelling the performance and obedience to orders made by the court. It can therefore be said without equivocation that no criminal justice system can operate effectively without the participation of the police. This is so even with the obvious and flagrant abuses committed by members of the police force.
RECOMMENDATION
From the findings of the study, the following recommendations were made
- There is the urgent need to introduce into the Nigeria Police a scheme of funding the training of qualified lawyers in the Nigeria Police. Those men and officers in the police who have the requisite potential and endowments to pursue courses in law and other related disciplines like criminology sociology and psychology etc should not only be encouraged but adequately funded.·
- Well structured, adequately funded and administratively empowered legal departments should be established in the numerous police outlets across the country. This will not only be at par with practices in advanced countries but it will also enhance effective and efficient criminal justice delivery.
- The Police also need to be adequately equipped to carry out responsibilities related to law discipline such as good law libraries, computers, electronic gadgets, stenographic machines etc·
- The problem of corruption need to be sincerely and decisively tackled. If there are any grudges the Nigerian public nurse against the police, the worst of them is bribery and corruption. Although, the police force is a miniature of the wider society, yet it is unarguable that in Nigeria, the police as an institution is the poster boy of wanton corruption in public service system.·
- More importantly, there is the need to actively, methodically and deliberately foster trust and co-operation between the public and the police.
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- Alemika, E. E. O. (1999) “Police Community Relations in Nigeria: What Went Wrong?” Paper Presented at the Seminar on Role and Function of the Police in a Post-Military Era, Organized by the Centre for Law Enforcement Education in Nigeria (CLEEN), and the National Human Rights Commission (NHRC) at the Savannah Suite, Abuja, F. C. T., from 8th to 10th March.
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