CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of the Study
           The Nigerian Police is responsible for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of lives and property and the enforcement of all laws and regulations made by the Federal and State governments as well as byelaws made by the local government authorities.[1] In addition, the Police support other Services such as the Prison Services, Immigration and the Custom Services. The Police Force is also liable to perform such military duties within and outside Nigeria as may be required of it by the Federal government.[2]            One of the problems hampering effective administration of criminal justice is the detection and prevention of crime before it is committed.[3] This problem is more pronounced in the developing Countries like Nigeria where technological advancement is still at the lowest ebb.[4] Criminals are becoming more sophisticated leaving almost no trace or clue after the commission of crime. Detection and prevention of crime prior to its commission involves information gathering by way of intelligence work. It appears that the Nigeria’s Police Intelligence Unit lacks effective information gathering modalities and techniques.            Besides, there is the failure of the Police to ensure that the overall objective of an efficient, fair and speedy administration of criminal justice is achieved. Likewise, the problem of poor and shoddy investigation of cases by the Nigeria Police constitutes one of the greatest challenges militating against the administration of criminal justice in Nigeria. Many criminal cases are lost due to improper and poor investigation by the Police. It is a fact worth mentioning that the governments all over the world usually resorts to law as a means of addressing different functions, which range from economic, political to social functions. Since the government structure consist of different bodies or arms charged with different functions in relation to the law, it is important to understand the nature of the system or body empowered to interpret, execute and apply the law. In ensuring security of life and property which is the primary function of any government, the place of the police cannot be over-emphasized. It is the duty of the police to ensure the protection of lives and properties, the maintenance of law and order and the observance of the ethical values of the society. If the Society must remain in peace, individuals with criminal tendencies must be put under close checks and their activities closely monitored and checkmated. The police therefore act to uphold the social norms and standards and the established law in every society, they apply criminal law to do justice to all and sundry. Therefore Nigerian police force is charged with the responsibility of maintaining law, order and internal security, especially as they affect protection of lives and property of the entire populace in addition to other functions that will enhance tranquility and harmony in the country. In the administration of criminal justice in the country, the police are the very first institution that a criminal suspect comes in contact with and Whether or not the suspect will obtain justice depends on how the police go about its business. The phenomenon, “crime†has been a major subject of private and public concern throughout human history. No society is free of crime. However, the question often asked is that even if crime is part of inevitable human behaviour, how much of it can a society tolerate? This question is linked to man’s natural instinct for survival, the ability to respond to any threat to his life and property. Crime poses such a threat, particularly in its violent form. The recent upsurge in violent crimes in Nigeria has created enormous uncertainty in the security of lives and property of individuals and of social stability in general. The incidents of traditional crimes such as armed robbery, arson, drug trafficking and abuse, murder, kidnapping, rape, hired assassinations and ritual killings are examples of the most serious and violent crimes which have been on the increase in the recent past. Correspondingly, White Collar Crimes in the form of Advance Fee Fraud (popularly, known as 419), contract deals, embezzlement and mismanagement in both the public and private sectors are also on the increase. The aggregate of the traditional crimes mostly committed by the less privileged and white collar crimes mostly committed by the highly placed call for a change in the strategies for the prevention and control of crime in Nigeria. The existing patterns in criminal activities show that criminals are getting more organized, sophisticated and brutal in the manner they carry out their dastardly acts, either in the way they physically attack individuals with dangerous weapons or the method they use in taking advantage of their official positions to steal and stash away millions of public funds in foreign and domestic accounts. Equally worrisome is the new dimension in organized criminal behaviour in Nigeria involving acts of terrorism and sabotage against individuals and public places. Recent incidents, in which some individual were stalked and eventually trapped in the volley of bullets from assault weapons, depict the viciousness of violent criminals. These acts are usually well-planned, orchestrated, syndicated and organized in the mafia-type fashion. In addition to these new patterns of violent crimes against persons, there is also the equally disturbing criminal behaviour against the Nigerian economy leading to the collapse of financial institutions and government parastatals. In short, we are witnessing the emergences of dangerous trends in the nation’s social and economic well-being. Three bodies are responsible for the administration of criminal justice in Nigeria. These bodies are: the Courts, the Police and Prisons. This research focuses on the police functions in the administration of justice and the manner in which such functions are carried out. The primary functions of the police are detection and prevention of crime as well as preservation of law and order. The police have constitutional powers of ensuring the prevalence of law and order and the preservation of public peace. The 1999 Constitution of the Federal Republic of Nigeria confer on the police force powers and duties for effective oversight and accountability[5] Similarly, the Police Act charge the force with the general duties of: i.    The protection of life and property ii.  Detection and prevention of crime; iii. Apprehension of offenders; iv. Preservation of law and order v.  The due enforcement of law regulations with which they are directly charged. vi. Performance of such other military duties within and without Nigeria as may be required of them by or under the authority of any other Act.[6]            The law has clothed the Nigeria Police with enviable powers in the sphere of administration of justice, preservation of law, order and maintenance of national tranquility. The section from the 1999 Constitution provides that the Police shall be organized and administered in accordance with such provisions as may be prescribed by the Act of the National Assembly. In exercise of the constitutional powers conferred on the National Assembly, the National Assembly enacted the Police Act. In the exercise of its primary powers, the Police also act in other spheres which are necessarily incidental to the exercise of the actual powers of the police. For instance, in the exercise of the primary duty of the police under section 4 of the Police Act, the Act gives the Police the power of public prosecution.[7] By these powers, the police can charge and prosecute any person suspected to have committed a crime before any court of law in Nigeria.[8] In the bid to create a favourable condition for the discharge of the duty of the police; the Police Act has also given the police the power to arrest any person suspected to have committed a crime with or without warrants.[9] The Police by the provision of the Act is also empowered to detain any person reasonably suspected to be in possession or carrying stolen property, or property that is reasonably believed to be unlawfully obtained.[10] For the purpose of forensic investigation, the law empowers the police to take finger prints.[11] It should, however, be noted that the exercise of these numerous powers conferred on the police has to be discharged with due regards to reasonability and decorum. Any exercise of such powers in contravention of procedures accepted practice and the rights of individuals would be rendered ultra-vires null and void. This is importantly so as individual rights are also fundamentally guaranteed by the same Constitution that confers powers on the police. This long essay, therefore, analyses’ the Power of the Police in the administration of criminal justice system in Superior Courts in Nigeria with a view to determining the constraints and problems militating against the effective policing in Nigeria’s criminal justice administration. [1]Akande, I. O. (2000) Introduction to the Constitution of the Federal Republic of Nigeria 1999, MIT Professional Publishers Ltd, Lagos, p.326.
[2]Ibid.
[3] Adebayo, A. M. (2012) Administration of Criminal Justice System in Nigeria, Princeton Publishing Co., Lagos, p.8.
[4]Ibid.
[5] Section 214(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria with Amendments 2011. [6] Section 4 of the Police Act Cap 359 LFN, 2004. [7] Sections 23 Police Act. Cap. 359, LFN, 2004. [8] In Superior Courts of Record; the prosecution of offenders is often done by the Police, through the instrumentality of state counsel in Ministry of Justice. Predominantly, police prosecution is done at Magistrate Courts and other lower courts. [9] Section 24 Police Act. Cap. 359, LFN, 2004. [10] Section 29, Ibid. [11] Abegunde, B., “The Nigerian Police and Human Rights Abuse†in Abegunde, B. and Adebayo, W.A. (eds) Essays in Honour of Oba Emmanuel Adebawola Adebayo, Petroa Educational Publishers, Ado-Ekiti,, 2008, p. 28.