In recent times, there have been series of reportage on human rights violation by the Nigerian Police Force. The Police which ought or suppose to be an agency of the State for securing and protecting the lives of citizens are now found perpetrating these dastardly act.

They engage in extrajudicial killing, inhumane affront on human dignity and personal liberty against innocent citizens. Hence, this article is an appraisal on the statutory duties of the police and how citizens can effort their legal rights if violated.

The Police is an institution or body which is constitutionally mandated to carry out policing functions, for the maintenance of law and order, security of lives and properties, ensuring respect of human right etc. The Nigeria Police Force is thus, referred to as the manifestation of the coercive power of the State. It is seen as the principal agency of the State responsible for law enforcement and regarded as the lead security agency in Nigeria as designated by the 1999 constitution (hereinafter referred to as CFRN), See section 214 of the constitution of the Federal Republic of Nigeria, and also section 4, 23 and 30 of Police Act. However, the Police have drastically deviated from their primary duty and are found engaging in practices that lucidly negate the purpose to which they were established, they often under the disguise of carrying out some of their functions committing or perpetrating heinous crimes which are repugnant to the rights of the citizens.

Futhermore, they have weighed to themselves some outrageous and unconstitutional powers and on the basis of been on uniforms, which are contrary or inconsistent with the provisions of the CFRN and the Police Act. Crimes like brutality, assault, discrimination and exploitation has become traditional in their activities, and because of these unlawfully manifestation, citizen must be thoroughly enlightened, because some necessary laws are entrenched in the CFRN and in some derivative laws like the Police Act, to provide operational excellence and to checkmate their excesses.

The assertion of the Dos of the Nigeria Police Force is well-footed in Section IV of the Nigeria Police Act;

(1) The primary functions of the Police Force are to –

(a) prevent and detect crimes in accordance with constitutional and statutory provisions;

(b) maintain public safety, law and order;

(c) protect the lives and property of all persons in Nigeria;

(d) enforce all laws and regulations which it is directly charged;

(e) perform such within and outside Nigeria as may be required of it under the authority of this Act or any other law;

(f) provide humanitarian assistance to persons in distress, including victims of road accidents, fire disasters, earthquakes, floods and where necessary, collaborate with other agencies to take any necessary action and provide the required assistance or support;

(g) facilitate the free passage and movement on highways, roads and streets open to the public; and

(h) adopt community partnership in the performance of its responsibilities under this Act or under any other law.

Having perused the Dos of the Nigeria Police Force, it is pertinent to explicate their Donts by the provision of Section 82 of Nigeria Police Act which read thus;

(1) A police officer who:

(a) begins, raises, abets, countenances, or excites mutiny;

(b) causes or joins in any sedition or disturbance of any naturewhatsoever;

(c) being at an assembly tending to riot, does not use his utmost endeavour to supress the assembly;

(d) coming to the knowledge of any mutiny, or intended mutiny does not without delay give information of the mutiny to his superior officer;

(e) strikes or offers any violence to his superior officer, while in the execution of his duty;

(f) deserts or aids or abets the desertion of an officer from the Nigeria Police;

(g) fails to come to the aid or to assist any person in need of assistance at the time of distress; or

(h) on enlistment falsely states that he has not been convicted or imprisoned for a criminal offence or that he was never employed by the Government of the Federation or of a State.

(2) An officer found engaging in any manner prescribed in subsection (l)(a) to (h) of this section shall be subject to appropriate disciplinary proceedings in accordance with the police disciplinary mechanisms and if found liable, shall be recommended for dismissal and charged to court for prosecution in accordance with the relevant laws in force.

(3) A police officer shall not, in discharging his duty, discriminate against a person in Nigeria, based on the person’s place of origin, gender, socio-economic status, ethnic, political or religious affiliation or any form of disability and shall not use such language, or act in such a way that suggests a bais towards a particular group.

(4) A police officer may be proceeded against for desertion without reference to the time during which he may have been absent, and may be found guilty, either of desertion or of absence without leave.

(5) A police officer shall not be convicted as a deserter or of attempting to desert unless the court is satisfied that there was an intention on the part of the officer either not to return to the Nigeria Police, or to escape some particular important service.

The effect of these aforementioned provisions are brilliantly provided to guide the activities of the Nigeria Police Force (NPF), and to curb them from trampling on the rights of the citizens of the country. Following these various provisions of the Nigeria Police Act, this would help the citizens be aware or know the legal framework to apply, in order to claim their right or file a charge against any police officer who violates their rights. Therefore, five mediums or methods are available to be examined, to guide them to pursue and enforce their legal right against the Nigerian Police would be;.

Know the official name of the officer that trampled upon your right(s) as it was inscribed on his/her uniform.
Know the outpost he works with at the time the atrocity was committed.
Don’t wait for witness(es) because law of tort regards serious cases even without witness.
Write to ( inform your lawyer to write) the Human Rights desk such officer works with and if it took them more than 48hrs to reply;
Inform your lawyer to file a case before high Court of a state, give him the necessary information about the officer and include the highest ranking officer of the force and the offender in the suit.
The aggrieved person who pursued a legal right against a public officer can claim a remedy from the multifarious remedies provided by law base on the nature of the right that is breached and its circumstances.

Writer

SALMAN Fawaz Adewale