YOU AND THE POLICE

Dear Subscriber,

The Police Force is a critical institution in the organization of any society where law and order is expected to prevail. The Police everywhere in the world provides services that directly impact on human lives and are usually held in high regard by the society.

The situation is however different in Nigeria as the average citizen despises the Police and would most likely have unpleasant tales about an encounter with them in the past. They are generally viewed by the populace with suspicion, dread, disgust etc. because of a reputation for demanding bribes and committing human rights abuse. It is within this context that we see the need to provide you with information about what you must do, what you do not have to do, and what you may wish to do in situations involving the Police.

POWERS OF THE POLICE

The Police Act generally gives a Nigerian Police the right to stop or arrest you on suspicion that you have committed or about to commit a crime or where they actually see you committing a crime. Specific powers conferred on a Nigerian Police Officer include:

• Power to arrest with or without an arrest warrant (Section 24 of Police Act)
• Power to search and detain a citizen upon reasonable suspicion (Section 28 and 29 of the Police Act)
• Grant Bail of person arrested without warrant and with or without sureties. (Section 27 of the Police Act)
• A Police Officer has the power to conduct in person all prosecutions before any Court, whether or not the information or complaint is laid in his name.

The Police are allowed to approach you and ask you questions and it is always a good idea to answer politely. The Police may ask to see your identification, driver’s licence, car registration etc. and it is important you provide as requested because they are empowered by Law to make these demands.

In the event that you are invited to the Police Station, you most likely would be required to put down a statement which is an account of what led to your invitation. The Police is allowed to detain a suspect only for the purpose of bringing him before a Court and shall be brought before such Court of Law within 24 hours where a Court is within 40km and 48 hours where the Court is within a distance beyond 40km. It is important to note that detention by the Police is STRICTLY meant to be for preparation to arraign the suspect and not for investigation as the Police usually claim except for offences that attract capital punishment.

Bail

In the event a suspect is not brought to a Court of competent jurisdiction within the stipulated period, section 35 (4) of the Constitution provides that he should be released on bail with or without sureties. Please note that BAIL IS FREE.

Protection against harassment by Police

In a situation where you feel you are being unlawfully detained or harassed by officers of the Nigerian Police you can make a formal complaint through the Complaint Response Unit.  You can also engage the services of a Lawyer to file for the enforcement of your Fundamental Human Rights.

TAKEAWAY

The Police have extensive powers to investigate crimes, arrest suspects, grant bail and prosecute accused in Court. These powers are however routinely abused in Nigeria and thus understanding the roles, powers and limits of the Nigerian Police is crucial to prevent unjustified application of the powers.

The content of this document is solely for information purposes only and should not in any way be construed as a legal opinion.  If you require specific legal advice on any of the matters covered in this article please contact a professional.

                                                                    MOTIVATIONAL VIDEO

We understand how tough it is being in business, so the “IOC Weekly” Editorial Team has decided to add inspiring videos to our weekly articles to juice up your week. We hope it serves the purpose.

Cheers,to a fruitful week.