By Oladele Kehinde Emmanuel,
![image](/2020/10/NWLR1.jpg")
![image](/2020/10/lawreport.jpg")
INTRODUCTION.
Human Rights Watch has documented human rights abuses by the
Nigerian police force for years. In a 2010 report, Human
Rights Watch cautioned that the long-term failure of the
authorities to address abuses by the police would reinforce
impunity and lead to more systemic abuses. This should not be
doubted to have been metamorphosed into the present situation of
our noble country where innocent citizens are being slaughtered
since past two weeks which should not be so in a constitutionally
guided society.
The cry of our compatriots that there should be total
reformation for accountability In the policing system of
Nigeria and that the government should try through Mr. President
and the National Assembly assent to the bill of state policing were
ushered in. Our authorities can no longer elude the
need for earnest and serious reformation of our policing
system for there are bounty of gruesomeness which they have caused.
But during the premier decades of the twentieth century, police
forces were established in undersized municipalities where police
officers practiced a functional part to warring in negation to
crime, safeguarding and protecting everything about the citizens,
there was an extensive introduction of automobiles and
land-telephones which made it easier for police officers to
reply quickly to emergency events constitutionally without
violating any of the he fundamental human rights
In the light of this, the major thrust of this article is
on the brutality of Nigerian Police Force, origination, reasons for
NPF/SARS creation, achievements and disbanding it or not?.
Also, to portray the repugnancy of their activities to various
laws- legislations and Acts from the view of internationals and
municipals provisions with recommendations for rectification
and appropriation of the status quo.
POLICE DEFINITION AND ORIGIN IN NIGERIA.
Police is defined by Free dictionary.com as “A body
sanctioned by local, state, or national government to enforce laws
and apprehend those who break them”. The police force as we know it
came into being in England in the 1820s when Sir Robert Peel
established London’s first municipal force. Before that, policing
had either been done by volunteers or by soldiers. In
Nigeria, police was first established in 1820 and it began
with officers from the eastern part of Nigeria, especially present
day Imo State. The first person to have the highest rank in all the
police is commissioner general colonel KK. In 1879, a 1,200-member
armed paramilitary Hausa Constabulary was formed. In 1896 the Lagos
Police was established. A similar force, called the Niger Coast
Constabulary was also formed in Calabar in 1894 under the
newly formed Niger Coastal Protectorate.
During the colonial era, most of the police officers were
associated with the local governments or native authorities, back
then, they already had access to uniforms, including the very
famous in the 1960s, under the First Republic, when these forces
were first regionalized and then nationalized.
Police officers were not usually armed but were issued weapons
when required for specific missions or circumstances. They were
often deployed throughout the country, but in 1989 Babangida
announced that a larger number of officers would be posted to their
native areas to facilitate police- community relations.
The Nigerian Police (NP) is designated by Section 194 of the
1979 constitution as the national police of Nigeria with exclusive
jurisdiction throughout the country. The NPF was under the general
operational and administrative control of an Inspector General of
Police (IGP) appointed by the president and he is responsible for
the maintenance of law and order. He was supported at headquarters
in Lagos by a Deputy Inspector General of Police (DIG) and in each
state by police commissioners. The 1979 constitution provided for a
Police Service Commission that was responsible for NPF policy,
organization, administration, and finance aside from pension
issues. In February 1989, Ibrahim Babangida abolished the Police
Service Commission and established the Nigeria Police Council
instead, under direct presidential control.
In the year 1989, the NPF also created a Quick Intervention
Force in each state, separate from the mobile police units,
specifically to monitor political events and to quell unrest during
the transition to civil rule. Each state unit of between 160 and
400 police was commanded by an assistant superintendent and
equipped with vehicles, communications gear, weapons, and crowd
control equipment, including cane shields, batons, and tear
gas.
The Criminal Investigation Department (CID which is the
highest criminal investigation arm of NPF. Headed by DIG to
investigate and prosecute serious and complex criminal cases within
and without the Nigeria. It also coordinates crime investigations
throughout the NPF. The CID is divided into sections, with most of
them headed by Commissioners of Police. The Sections are
Administration, Anti-Fraud Section, The Central Criminal Registry
(CCR), Special Anti-Robbery Squad (SARS), X-Squad, General
Investigation, Special Fraud Unit (SFU), Legal Section, Forensic
Science Laboratory, Interpol Liaison, Homicide, Anti-Human
Trafficking Unit, Force Intelligence Bureau (FIB), DCI Kaduna
Annex, and the Counter Terrorism Unit (CTU)
REASON FOR THE CREATION OF THE NPF/ SARS
UNIT.
Truly, there are numerous versions about the origins of Special
Anti-Robbery Squad. One is that it was pioneered by a retired
Commissioner of Police, Simeon Danladi Midenda in 1992. But
the Nigeria Police had, in fact, had an anti-robbery unit
prior to the establishment of the squad. At the time of its
establishment, Special Anti-Robbery Squad was given the authority
to operate covertly with operatives in mufti and in unmarked
vehicles. Their operations were initially akin to undercover police
agents who operated to complement the efforts of the conventional
police in tackling violent crimes. But, over time, their identity
and activities became more conspicuous, and disturbing. It soon
became clear that they were using high-handed treatment of
suspects. In recent years evidence has emerged that they
have used extra-judicial methods to clamp down on suspected
perpetrators of internet fraud also known as Yahoo boys.
NPF/ SARS ACHEIVEMENTS SO FAR.
The phenomena of their crime fighting has led to abatement
in criminal activities, the squad initially had a better record
than the conventional police, which was associated with bribery and
corruption. The operatives from the squad were involved in
several successful joint missions involving personnel from other
police tactical units. Additionally, the squad initially had a
better reputation than the conventional police, which was
associated with in accountabilities, mounting road blocks, bribery
and corruptions.
In this country it is interesting to know that the founding and
establishment of these special units within the police force
followed inflating incidents of illegalities and
violent crimes. The situation was concluded to be beyond the
capability of the conventional police. Tactical units have included
the Intelligence Response Team, Special Tactical Squad, Counter
Terrorism Unit, Force Intelligence Unit, and the Special
Anti-Robbery Squad. Members of the special units were often
specially trained and given specific mandates. It is important to
note that most of the breakthrough operations by the Nigeria Police
Force have been facilitated by some of these tactical units.
The Intelligence Response Unit is reputed to have apprehended some
high-profile criminals. These have included the arrests of
notorious kidnappers ringleaders among others are : Chukwudi
Onwuamadike (aka Evans) and Bala Hamisu (aka
Wadume).
Afore explained are the early stage of Nigeria
policing and her tactical units. Howbeit, citizens are diurnally
tortured, brutally, roughly and killed by police officers who are
members of the Special Anti-Robbery Squad – SARS. Victims of these
crimes are still lying patiently for justice because the
anti-torture law provided ordinarily to provide justice is wholly
not enforced. Actions needed to be taken to end their
impunity and Nigerians demand for police reformation should
be considered. Survivors have risked everything to share their
experiences and opting for justice, victims of SARS assiduous act
families also concur with this appease through money given. Could
money given to them provide back the life of the truncated souls of
our tomorrow leaders?
There are myriads of cases on police brutality in Nigeria,
officers are notorious for their unlawful killings and
torture. A paradigm is the recent death of Hamilton Osahenhen
Obazee, 6 March 2020 in Edo state who after when arrested was
tortured to death. Institutions like Human rights
organizations and medias have documented cases of
extrajudicial killings and other ill-treatment perpetrated by
SARS officers. In a report “Nigeria: Time to end impunity” it was
explained; despite a law criminalizing torture which was
passed in December 2017, SARS officers continue to act with
impunity as if they are above the law. This brutalities have pushed
Nigeria youths to vociferating for total reform of police
through ongoing protest in different states of Nigeria.
It’s veracious that the Police is once a imperative organization
in a state and it is their sole duty to maintaining law and order
in the society according to the provision of the Chapter IV Section
214 of 1999 constitution as amended. Now, tales of neglect,
bribery, nepotism, blood shedding, unlawful detention has
hampered the original function and duty of the Nigerian Police
force. Although things have changed. The fact that the
purpose of their formation was altered, some to carry
out roles, duties and functions in the society listed seriatim and
explained;
maintaining law and order in the society: the
constitution has given the Nigerian police the power to compel
citizens to obey law and order, thereby maintaining peace in the
society. It saddened that they are the cause of disorderliness in
present society.
Prevention of crime occurrence : the primary duty of the
Nigerian Police to prevent offence from being committed especially
when there are threats of impending crime or security issues.
military men join the police when needful.
Arresting offenders : Nigerian constitution has
provided that the police have the legal backing to arrest any
offender that go against the law of the land. As long as the crime
committed is against the tenets of the constitution, such arrest is
legal. Seriously, contrary is the case now, they are law
breaker who take laws into their hands. There are other arms
of security established by the law to see to other offences like
Vehicle Inspection officer, Road Safety Office and traffic wardens
on the highway.
lives and property protection : To protect the lives and
properties of the citizen of FRN from trainings on the use of
guns, ammunition does the protection of lives and properties
of citizens.
The 2020 police Act also enlisted with inventions on
what are sacrosanct to know about Nigeria police. It
reiterate on effective policing which comply with the principles of
accountability and transparency, human rights and freedom. The duty
of the Police is to prevent and detect crimes, protect the rights
and freedom of suspects and non-suspects in accordance with the
Constitution, the African Charter on Human and Peoples Rights and
any other law- Sec. 4 (a). this is the era where suspect
immediately noted would be tortured mercilessly without remembering
his/her rights. The Act also prohibits the Police from arresting
anyone based on a civil wrong or breach of contract. Sec. 32(2).
This in totality is incoherent with what has been seen
exhibiting. suspect shall be accorded humane treatment. And a
suspect shall not be subjected to torture, cruelty, inhumane or
degrading treatment. Sec. 37. You would have been beaten blue black
before necessaries.
Even The Writ Of Habeas Corpus is now to them a dead
letter.
The penal code of Nigeria also show how they should be
disciplined below;
FIRST SCHEDULE OF NIGERIA PENAL CODE ACT 1960 [Regulation
370.]
A member of the Force who commits any of the following acts or
omissions shall be guilty of an offence against discipline-
If obtain for him any intoxicating liquor whilst he is on
duty;
(i) Entering whilst on duty any premises for the sale of liquor
or where liquor is Store and distributed; This is the order
of the day among the Police/SARS, you would have seen it been
displayed on there benches, even holding at hands on highways,
instead of checking the particulars of the vehicle drivers, they at
preference collect 50 naira in exchange of the license/particulars.
This is a canker worm that has eaten deep into the police force of
which they aren’t ashame of they rather asked the driver to pull
over until sacrificing the pittance of 50 naira.
Further more, SARS and the force relatives have been
accused of violating human rights of Chapter IV of the
constitution; torture extortion and unlawful detention. Their
assignment was rejected, and turned to harrassing and
intimidating device on sinless Nigerian citizens.
Quite two weeks now Nigerians have been protesting against
the brutality of SARS and police in general of which the
authorities have shown nor taken any measure to address. Section 40
of the 1999 Constitution (as amended) provides that every
person is entitled to assemble freely and associate with other
persons. Section 45 said it could be restricted in the
interests of defence, public safety, public order, public morality
or public health, or to protect the rights or freedoms of others
.Therefore the government has no right to deny the citizens of
Nigeria, the right to assemble and to engage in legitimate,
non-violent protests.The Law which regulates how people may
assemble in Nigeria is the Public Order Act 1979. The purpose
of the Act is to ensure the proper and peaceful conduct of public
assemblies, meetings and processions. Nigeria as a state
party to the African Charter on Human and Peoples’ Rights.
Article 11 of the Charter provides that: “Every individual
shall have the right to assemble freely with others. The exercise
of this right shall be subject only to necessary restrictions
provided by law, in particular those enacted in the interest of
national security, the safety, health, ethics, and rights and
freedoms of others”. Despite these international laws
recognizing right to assemble in my country armed police and
military men were deployed to the place to slaughter the
peaceful demonstrators which shouldn’t be. It has to reasonable
extent foreshadow that the NPF Sars delighted in safeguarding the
government instead of the citizens.
Or has the government forgotten the contract between them and
the state? Perhaps, the submission of Hans kelsen(pure
theory) of the positive school of thought on contract between the
rulers and ruled needed to be followed. For our confidence is
totally breached.
Are protesters really trouble makers? Nigeria army
enunciated this, in addendum they viewed the action treason which
is totally not, by virtue of the criminal code section (37)(38).
The Boko Haram, Niger Delta insurgency, Fulani Herdsmen are still
there wrecking havoc on this land, why can’t they help to eliminate
all the prior mentioned? They have so easily forgotten their
primary cause of protecting the country’s territoriality; if all
citizens are killed guiltless who are to remain in the territory
for protection?
SHOULD THE UNIT BE DISBANDED?
Mr Lanre Ikuteyijo (Obafemi Awolowo University) explained
if disbanding of the unit would solve the problem. He said
the dissolution of the squad will send a warning signal to other
tactical squads. But the Special Anti-Robbery Squad is just a
microcosm of the bigger problem – bad policing in Nigeria. Its
dissolution will barely scratch the surface.
The dissolution is only part of the solution as operatives
from the squad were and will always be members of the National
Police Force. They will simply be redeployed to other units. If the
proper identification and “radicalization” of erring operatives
doesn’t happen, then the exercise will only amount to
recycling.
Steps must be taken to immediately provide an alternative unit
that is well recruited, trained, and retrained with the more
professional policing skills. Also, the petitions against former
operatives of the squad should be followed up to ensure that
culpable people are brought to book. The new tactical unit – and by
extension the entire police force – should be more transparent and
they should be accountable for their operations. The submission is
yes and nothing but yes!
RECOMMENDATIONS AND CONCLUSION.
The chameleonic nature of our police force through the office of
IGP by naming and renaming of police Sars, fsars and swat- Special
Weapons And Tactics unit if I would say in affirmation has never
beget any positive result. Suffice me to say that it is
wholly imperative to proffering solutions to these
bedevilments and abuse of fundamental human rights by the
SARS/ Police. The end of this ongoing protest is apocryphal
despites all the apocalypses it is entwined in, except the thirst
for the absolute reformation of the police is done. Therefore to
grapple with the perpetual exigencies springing from the SARS unit
of the NPF below are the recommendations; The Rights of all
citizens preservation should be primary to them. Feasible
submission to rule of law that “Aequitas est Equalitas” meaning-
Equality is equality for all. Accountability and transparency of
the whole of NPF. The Police Act 2020, emphasizing
respect for fundamental human rights like the rules for
documentation of arrests, death and detention of suspects should be
implemented. Thorough Medical check up before recruitment.
Inculcating the principles and philosophies of societal policing
with professionalism of policing in all shortlisted. To this
extent, absolutely, our society can’t survive the impending dangers
if the police Force is totally eradicated despite all brutalities,
but we crave for serious reformation and ending of the NPF/ SARS
unit which has really wrecked great havoc on many lives. Kindly let
the change be seen!
Written by Oladele Kehinde Emmanuel,
oladelekehindeemmanuel2405@gmail.com, 07033702316. from Ahmadu
Bello University.
References;
- Retrieved from:
https://theconversation.com/amp/why-disbanding-the-notorious-anti-robbery-squad-wont-stop-bad-policing-in-nigeria-147934[1]
On 23rd October 2020.
- Retrieved from:
https://nigerianfinder.com/history-of-nigeria-police-facts-you-need-to-know/[2]
On 23rd October 2020.
- Retrieved from:
https://allafrica.com/stories/202007220508.html[3]
On 23rd October 2020.
- Retrieved from:
https://legal-dictionary.thefreedictionary.com/police
On 23rd October 2020[4].
- Retrieved from:
https://www.amnesty.org/en/get-involved/take-action/nigeria-end-impunity-for-police-brutality-end-sars/[5]
On 23rd October 2020.
- Retrieved from:
https://www.hrw.org/news/2020/10/16/nigeria-crackdown-police-brutality-protests[6]
On 23rd October 2020.
- Retrieved from:
https://nigerianinfopedia.com.ng/duties-of-the-nigerian-police-force/[7] On 23rd October
2020.
- Retrieved from:
the-right-of-assembly-and-peaceful-protest-constitutionally-guaranteed-rights-loathed-by-nigerias-successive-governments/[8]
On 23rd October 2020.
- Retrieved from:https://m.guardian.ng/features/debate-over-new-police-act-and-implications-for-criminal-prosecution/amp/[9]
On 23rd October 2020. - Retrieved from: https://medium.com/@segalink/18-points-to-note-in-the-nigeria-police-act-2020-and-why-you-shouldnt-die-of-panic-fbf670740e62[10] On 23rd October
2020. - Retrieved from: https://www.un.org/en/universal-declaration-human-rights/[11] On 23rd October
2020. - Retrieved from:https://hqbytes.com On 23rd October 2020.
- The Criminal Code Act, Laws of the Federation of Nigeria
1990. - The Criminal Procedure Act, Laws of the Federation of Nigeria
1990. - Nigeria 1999 constitution.
- The penal code Act 1960.
By Oladele Kehinde Emmanuel,
INTRODUCTION.
Human Rights Watch has documented human rights abuses by the
Nigerian police force for years. In a 2010 report, Human
Rights Watch cautioned that the long-term failure of the
authorities to address abuses by the police would reinforce
impunity and lead to more systemic abuses. This should not be
doubted to have been metamorphosed into the present situation of
our noble country where innocent citizens are being slaughtered
since past two weeks which should not be so in a constitutionally
guided society.
The cry of our compatriots that there should be total
reformation for accountability In the policing system of
Nigeria and that the government should try through Mr. President
and the National Assembly assent to the bill of state policing were
ushered in. Our authorities can no longer elude the
need for earnest and serious reformation of our policing
system for there are bounty of gruesomeness which they have caused.
But during the premier decades of the twentieth century, police
forces were established in undersized municipalities where police
officers practiced a functional part to warring in negation to
crime, safeguarding and protecting everything about the citizens,
there was an extensive introduction of automobiles and
land-telephones which made it easier for police officers to
reply quickly to emergency events constitutionally without
violating any of the he fundamental human rights
In the light of this, the major thrust of this article is
on the brutality of Nigerian Police Force, origination, reasons for
NPF/SARS creation, achievements and disbanding it or not?.
Also, to portray the repugnancy of their activities to various
laws- legislations and Acts from the view of internationals and
municipals provisions with recommendations for rectification
and appropriation of the status quo.
POLICE DEFINITION AND ORIGIN IN NIGERIA.
Police is defined by Free dictionary.com as “A body
sanctioned by local, state, or national government to enforce laws
and apprehend those who break them”. The police force as we know it
came into being in England in the 1820s when Sir Robert Peel
established London’s first municipal force. Before that, policing
had either been done by volunteers or by soldiers. In
Nigeria, police was first established in 1820 and it began
with officers from the eastern part of Nigeria, especially present
day Imo State. The first person to have the highest rank in all the
police is commissioner general colonel KK. In 1879, a 1,200-member
armed paramilitary Hausa Constabulary was formed. In 1896 the Lagos
Police was established. A similar force, called the Niger Coast
Constabulary was also formed in Calabar in 1894 under the
newly formed Niger Coastal Protectorate.
During the colonial era, most of the police officers were
associated with the local governments or native authorities, back
then, they already had access to uniforms, including the very
famous in the 1960s, under the First Republic, when these forces
were first regionalized and then nationalized.
Police officers were not usually armed but were issued weapons
when required for specific missions or circumstances. They were
often deployed throughout the country, but in 1989 Babangida
announced that a larger number of officers would be posted to their
native areas to facilitate police- community relations.
The Nigerian Police (NP) is designated by Section 194 of the
1979 constitution as the national police of Nigeria with exclusive
jurisdiction throughout the country. The NPF was under the general
operational and administrative control of an Inspector General of
Police (IGP) appointed by the president and he is responsible for
the maintenance of law and order. He was supported at headquarters
in Lagos by a Deputy Inspector General of Police (DIG) and in each
state by police commissioners. The 1979 constitution provided for a
Police Service Commission that was responsible for NPF policy,
organization, administration, and finance aside from pension
issues. In February 1989, Ibrahim Babangida abolished the Police
Service Commission and established the Nigeria Police Council
instead, under direct presidential control.
In the year 1989, the NPF also created a Quick Intervention
Force in each state, separate from the mobile police units,
specifically to monitor political events and to quell unrest during
the transition to civil rule. Each state unit of between 160 and
400 police was commanded by an assistant superintendent and
equipped with vehicles, communications gear, weapons, and crowd
control equipment, including cane shields, batons, and tear
gas.
The Criminal Investigation Department (CID which is the
highest criminal investigation arm of NPF. Headed by DIG to
investigate and prosecute serious and complex criminal cases within
and without the Nigeria. It also coordinates crime investigations
throughout the NPF. The CID is divided into sections, with most of
them headed by Commissioners of Police. The Sections are
Administration, Anti-Fraud Section, The Central Criminal Registry
(CCR), Special Anti-Robbery Squad (SARS), X-Squad, General
Investigation, Special Fraud Unit (SFU), Legal Section, Forensic
Science Laboratory, Interpol Liaison, Homicide, Anti-Human
Trafficking Unit, Force Intelligence Bureau (FIB), DCI Kaduna
Annex, and the Counter Terrorism Unit (CTU)
REASON FOR THE CREATION OF THE NPF/ SARS
UNIT.
Truly, there are numerous versions about the origins of Special
Anti-Robbery Squad. One is that it was pioneered by a retired
Commissioner of Police, Simeon Danladi Midenda in 1992. But
the Nigeria Police had, in fact, had an anti-robbery unit
prior to the establishment of the squad. At the time of its
establishment, Special Anti-Robbery Squad was given the authority
to operate covertly with operatives in mufti and in unmarked
vehicles. Their operations were initially akin to undercover police
agents who operated to complement the efforts of the conventional
police in tackling violent crimes. But, over time, their identity
and activities became more conspicuous, and disturbing. It soon
became clear that they were using high-handed treatment of
suspects. In recent years evidence has emerged that they
have used extra-judicial methods to clamp down on suspected
perpetrators of internet fraud also known as Yahoo boys.
NPF/ SARS ACHEIVEMENTS SO FAR.
The phenomena of their crime fighting has led to abatement
in criminal activities, the squad initially had a better record
than the conventional police, which was associated with bribery and
corruption. The operatives from the squad were involved in
several successful joint missions involving personnel from other
police tactical units. Additionally, the squad initially had a
better reputation than the conventional police, which was
associated with in accountabilities, mounting road blocks, bribery
and corruptions.
In this country it is interesting to know that the founding and
establishment of these special units within the police force
followed inflating incidents of illegalities and
violent crimes. The situation was concluded to be beyond the
capability of the conventional police. Tactical units have included
the Intelligence Response Team, Special Tactical Squad, Counter
Terrorism Unit, Force Intelligence Unit, and the Special
Anti-Robbery Squad. Members of the special units were often
specially trained and given specific mandates. It is important to
note that most of the breakthrough operations by the Nigeria Police
Force have been facilitated by some of these tactical units.
The Intelligence Response Unit is reputed to have apprehended some
high-profile criminals. These have included the arrests of
notorious kidnappers ringleaders among others are : Chukwudi
Onwuamadike (aka Evans) and Bala Hamisu (aka
Wadume).
Afore explained are the early stage of Nigeria
policing and her tactical units. Howbeit, citizens are diurnally
tortured, brutally, roughly and killed by police officers who are
members of the Special Anti-Robbery Squad – SARS. Victims of these
crimes are still lying patiently for justice because the
anti-torture law provided ordinarily to provide justice is wholly
not enforced. Actions needed to be taken to end their
impunity and Nigerians demand for police reformation should
be considered. Survivors have risked everything to share their
experiences and opting for justice, victims of SARS assiduous act
families also concur with this appease through money given. Could
money given to them provide back the life of the truncated souls of
our tomorrow leaders?
There are myriads of cases on police brutality in Nigeria,
officers are notorious for their unlawful killings and
torture. A paradigm is the recent death of Hamilton Osahenhen
Obazee, 6 March 2020 in Edo state who after when arrested was
tortured to death. Institutions like Human rights
organizations and medias have documented cases of
extrajudicial killings and other ill-treatment perpetrated by
SARS officers. In a report “Nigeria: Time to end impunity” it was
explained; despite a law criminalizing torture which was
passed in December 2017, SARS officers continue to act with
impunity as if they are above the law. This brutalities have pushed
Nigeria youths to vociferating for total reform of police
through ongoing protest in different states of Nigeria.
It’s veracious that the Police is once a imperative organization
in a state and it is their sole duty to maintaining law and order
in the society according to the provision of the Chapter IV Section
214 of 1999 constitution as amended. Now, tales of neglect,
bribery, nepotism, blood shedding, unlawful detention has
hampered the original function and duty of the Nigerian Police
force. Although things have changed. The fact that the
purpose of their formation was altered, some to carry
out roles, duties and functions in the society listed seriatim and
explained;
maintaining law and order in the society: the
constitution has given the Nigerian police the power to compel
citizens to obey law and order, thereby maintaining peace in the
society. It saddened that they are the cause of disorderliness in
present society.
Prevention of crime occurrence : the primary duty of the
Nigerian Police to prevent offence from being committed especially
when there are threats of impending crime or security issues.
military men join the police when needful.
Arresting offenders : Nigerian constitution has
provided that the police have the legal backing to arrest any
offender that go against the law of the land. As long as the crime
committed is against the tenets of the constitution, such arrest is
legal. Seriously, contrary is the case now, they are law
breaker who take laws into their hands. There are other arms
of security established by the law to see to other offences like
Vehicle Inspection officer, Road Safety Office and traffic wardens
on the highway.
lives and property protection : To protect the lives and
properties of the citizen of FRN from trainings on the use of
guns, ammunition does the protection of lives and properties
of citizens.
The 2020 police Act also enlisted with inventions on
what are sacrosanct to know about Nigeria police. It
reiterate on effective policing which comply with the principles of
accountability and transparency, human rights and freedom. The duty
of the Police is to prevent and detect crimes, protect the rights
and freedom of suspects and non-suspects in accordance with the
Constitution, the African Charter on Human and Peoples Rights and
any other law- Sec. 4 (a). this is the era where suspect
immediately noted would be tortured mercilessly without remembering
his/her rights. The Act also prohibits the Police from arresting
anyone based on a civil wrong or breach of contract. Sec. 32(2).
This in totality is incoherent with what has been seen
exhibiting. suspect shall be accorded humane treatment. And a
suspect shall not be subjected to torture, cruelty, inhumane or
degrading treatment. Sec. 37. You would have been beaten blue black
before necessaries.
Even The Writ Of Habeas Corpus is now to them a dead
letter.
The penal code of Nigeria also show how they should be
disciplined below;
FIRST SCHEDULE OF NIGERIA PENAL CODE ACT 1960 [Regulation
370.]
A member of the Force who commits any of the following acts or
omissions shall be guilty of an offence against discipline-
If obtain for him any intoxicating liquor whilst he is on
duty;
(i) Entering whilst on duty any premises for the sale of liquor
or where liquor is Store and distributed; This is the order
of the day among the Police/SARS, you would have seen it been
displayed on there benches, even holding at hands on highways,
instead of checking the particulars of the vehicle drivers, they at
preference collect 50 naira in exchange of the license/particulars.
This is a canker worm that has eaten deep into the police force of
which they aren’t ashame of they rather asked the driver to pull
over until sacrificing the pittance of 50 naira.
Further more, SARS and the force relatives have been
accused of violating human rights of Chapter IV of the
constitution; torture extortion and unlawful detention. Their
assignment was rejected, and turned to harrassing and
intimidating device on sinless Nigerian citizens.
Quite two weeks now Nigerians have been protesting against
the brutality of SARS and police in general of which the
authorities have shown nor taken any measure to address. Section 40
of the 1999 Constitution (as amended) provides that every
person is entitled to assemble freely and associate with other
persons. Section 45 said it could be restricted in the
interests of defence, public safety, public order, public morality
or public health, or to protect the rights or freedoms of others
.Therefore the government has no right to deny the citizens of
Nigeria, the right to assemble and to engage in legitimate,
non-violent protests.The Law which regulates how people may
assemble in Nigeria is the Public Order Act 1979. The purpose
of the Act is to ensure the proper and peaceful conduct of public
assemblies, meetings and processions. Nigeria as a state
party to the African Charter on Human and Peoples’ Rights.
Article 11 of the Charter provides that: “Every individual
shall have the right to assemble freely with others. The exercise
of this right shall be subject only to necessary restrictions
provided by law, in particular those enacted in the interest of
national security, the safety, health, ethics, and rights and
freedoms of others”. Despite these international laws
recognizing right to assemble in my country armed police and
military men were deployed to the place to slaughter the
peaceful demonstrators which shouldn’t be. It has to reasonable
extent foreshadow that the NPF Sars delighted in safeguarding the
government instead of the citizens.
Or has the government forgotten the contract between them and
the state? Perhaps, the submission of Hans kelsen(pure
theory) of the positive school of thought on contract between the
rulers and ruled needed to be followed. For our confidence is
totally breached.
Are protesters really trouble makers? Nigeria army
enunciated this, in addendum they viewed the action treason which
is totally not, by virtue of the criminal code section (37)(38).
The Boko Haram, Niger Delta insurgency, Fulani Herdsmen are still
there wrecking havoc on this land, why can’t they help to eliminate
all the prior mentioned? They have so easily forgotten their
primary cause of protecting the country’s territoriality; if all
citizens are killed guiltless who are to remain in the territory
for protection?
SHOULD THE UNIT BE DISBANDED?
Mr Lanre Ikuteyijo (Obafemi Awolowo University) explained
if disbanding of the unit would solve the problem. He said
the dissolution of the squad will send a warning signal to other
tactical squads. But the Special Anti-Robbery Squad is just a
microcosm of the bigger problem – bad policing in Nigeria. Its
dissolution will barely scratch the surface.
The dissolution is only part of the solution as operatives
from the squad were and will always be members of the National
Police Force. They will simply be redeployed to other units. If the
proper identification and “radicalization” of erring operatives
doesn’t happen, then the exercise will only amount to
recycling.
Steps must be taken to immediately provide an alternative unit
that is well recruited, trained, and retrained with the more
professional policing skills. Also, the petitions against former
operatives of the squad should be followed up to ensure that
culpable people are brought to book. The new tactical unit – and by
extension the entire police force – should be more transparent and
they should be accountable for their operations. The submission is
yes and nothing but yes!
RECOMMENDATIONS AND CONCLUSION.
The chameleonic nature of our police force through the office of
IGP by naming and renaming of police Sars, fsars and swat- Special
Weapons And Tactics unit if I would say in affirmation has never
beget any positive result. Suffice me to say that it is
wholly imperative to proffering solutions to these
bedevilments and abuse of fundamental human rights by the
SARS/ Police. The end of this ongoing protest is apocryphal
despites all the apocalypses it is entwined in, except the thirst
for the absolute reformation of the police is done. Therefore to
grapple with the perpetual exigencies springing from the SARS unit
of the NPF below are the recommendations; The Rights of all
citizens preservation should be primary to them. Feasible
submission to rule of law that “Aequitas est Equalitas” meaning-
Equality is equality for all. Accountability and transparency of
the whole of NPF. The Police Act 2020, emphasizing
respect for fundamental human rights like the rules for
documentation of arrests, death and detention of suspects should be
implemented. Thorough Medical check up before recruitment.
Inculcating the principles and philosophies of societal policing
with professionalism of policing in all shortlisted. To this
extent, absolutely, our society can’t survive the impending dangers
if the police Force is totally eradicated despite all brutalities,
but we crave for serious reformation and ending of the NPF/ SARS
unit which has really wrecked great havoc on many lives. Kindly let
the change be seen!
Written by Oladele Kehinde Emmanuel,
oladelekehindeemmanuel2405@gmail.com, 07033702316. from Ahmadu
Bello University.
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