Daily Law Tips (Tip 578) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

CAN POLICE OFFICERS DEMAND FOR DRIVERS’ LICENSE AND FIRE EXTINGUISHER?

Nigeria has a lot of law enforcement agencies; including Nigeria Police Force, State Security Service, Nigeria Customs Service, Economic and Financial Crimes Commission, Nigeria Security and Civil Defence Corps, Nigeria Immigration Service and the Federal Road Service Commission.

From the Constitution of Nigeria to the various federal laws establishing the agencies, each agency has its own clear duties and functions.

Federal Road Safety Commission (FRSC) is statutorily charged with the safety of road users in Nigeria. Driving without a valid drivers’ license is a criminal offence in Nigeria, punishable with fine of Ten Thousand Naira (N10, 000.00) while punishment for driving with forged drivers’ license is a fine of Twenty Thousand Naira (N20, 000.00). Hence, the Federal Road Safety Commission through its Federal Road Safety Corps often demand for drivers’ license, vehicle documents, fire extinguishers and other road safety requirements from road users. There is a pubic opinion among road users in Nigeria, that Police Officers cannot play the role of the FRSC and as such cannot demand for drivers’ license, vehicle documents and other road safety items.

The Nigeria Police Force is a creation of the constitution of Nigeria and its duties as provided in the Police Act, includes; “… 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 or outside Nigeria as may be required of them by, or under the authority of this (The Police Act) or any other Act.” So, generally, Nigeria Police Force has an ever covering power/duty to preserve law and order, detect and prevent crime and protect lives and property. Also, the Nigeria Police Force has powers to enforce all laws and regulations, such laws and regulations must be ones that the Nigeria Police Force is directly mandated and charged to enforce. Hence, Nigeria Police cannot enforce laws and regulations that do not specify Nigeria Police Force as its enforcer. However, it can arrest any person for prevention of crime, maintenance of law and order as well as for preservation of life and property (this part of the duty of Nigeria Police Force covers everything on internal security).

A look at the Federal Road Safety Commission (Establishment) Act shows that the Act does not cover Nigerian Police Force rather it covers Federal Road Safety Corps. While one may be tempted to conclude that the Nigeria Police Force, being omitted from the Federal Road Safety Commission (Establishment) Act, cannot arrest road users over road safety offences, it is necessary to comprehensively look at the Nigerian criminal law. First of all, all suspected offenders can be arrested in Nigeria by Nigeria Police Force under its general duty of prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property.

Most offences contained in the Federal Road Safety Commission (Establishment) Act and other specific offences prohibiting laws are also contained in other criminal law legislations operational across Nigeria and in some states (like the Penal Code and Criminal Code). The Nigerian Police Force has powers to enforce the Penal Code and Criminal Code. A peep at the Administration of Criminal Justice Act (ACJA) and its equivalents in states, shows that Nigeria Police Force and other law enforcement agencies are permitted to arrest and detain offenders in Nigeria, generally. Even ordinary citizens (civilians/private persons) are also permitted to arrest suspects and immediately submit them to the nearest police station. Hence, while the Nigeria Police Force may not legally arrest and prosecute road users under the Federal Road Safety Commission (Establishment) Act, the Nigeria Police Force can arrest and prosecute offending road users under other criminal law legislations.

For orderliness and inter-agency cooperation, Nigeria Police Force may focus on issues outside road safety and refer matters of road safety to FRSC but this does not suspend or vacate the powers of Nigeria Police Force over such matters. It is safe to say that all other law enforcement agency works towards achieving the general duty of Nigeria Police Force.

My authorities, are:

1. Sections 1, 214 and 215 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1, 20, 21, 22, 23 and 25 of the Administration of Criminal Justice Act, 2015
3. Sections 1, 3, 10, 23, 24, 30 and 31 of the Federal Road Safety Commission (Establishment) Act, 2007.
4. Sections 1, 3 and 4 of the Police Act, 1943
5. Sections 1 and 2(3) of National Security Agencies Act, 1986
6. Sections 1 and 2 of the Immigration Act, 2015
7. Sections 4 and 8 of the Customs and Excise Management Act).
8. Sections 1, 6 and 7 of the ECONOMIC AND FINANCIAL CRIMES COMMISSION (ESTABLISHMENT, ETC) ACT 2004 (EFCC ACT
9. Sections 1 and 3 of the NIGERIA SECURITY AND CIVIL DEFENCE CORPS (AMENDMENT) ACT (NSCDC ACT), 2007.
10. The Court of Appeal’s judgement (on the powers of Nigeria Police Force) in the case of IKPE & ANOR v. MR. EFFIONG (I.P.O.) NIG POLICE FORCE, ONNA DIVISION NDON EYO, ONNA LGA & ORS (2014) LPELR-23036(CA)

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