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, [email protected], 07033702316. from Ahmadu Bello University.

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The Criminal Code Act, Laws of the Federation of Nigeria 1990.

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