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Nigeria, on Tuesday, joined other countries to celebrate this year’s International Human Rights Day. WALE AKINSELURE, in this piece, looks at the unending battle of police personnel to achieve professionalism and respect for rights despite its codification in the Nigeria Police Act 2020
On Monday, some police operatives were filmed assaulting a bus driver in Enugu State.
The driver was conveying some students of a missionary school when he was stopped at a checkpoint by the police operatives. In the four-minute clip, the operatives were seen shouting at the driver after which they kicked him and took him to a secluded place away from the checkpoint.
In pidgin English, the driver had said, “What’s the problem? I greeted you people as I passed. I slowed down and waved.”
In response, one of the operatives asked, “Are you mad?” Another operative added, “Let’s see your vehicle papers.” The driver consequently pulled out a nylon and handed it over to the operatives. Some of the passengers in the vehicle expressed surprise at the operatives’ actions, saying, “These people want money.”
Some of the police operatives were later seen in the clip heavily kicking and hitting the driver who unsuccessfully tried to defend himself before they dragged the assaulted driver away from the checkpoint.
Reacting to the incident via his X handle, on Monday, the spokesperson of the Nigeria Police Force, Muyiwa Adejobi, condemned the incident and asked the Enugu State Police Command to produce the officers immediately.
Adejobi tweeted, “This is not acceptable. Enugu State Police Command, produce these men immediately for necessary action.” Authorities of the Enugu State Police Command responded via their official X handle to the Force PPRO order tweeting, “Noted, Action underway already, please.” When asked for an update, the Enugu State police spokesperson, on Tuesday, said the police were still on the matter, adding that he would make details public after the investigation.
In the same Enugu, the Civil Rights Realisation and Advancement Network in September submitted a petition to the Inspector General of Police seeking redress for five individuals allegedly subjected to torture and shot in the legs by police officers in the state.
The petition, signed by CRRAN President, Olu Omotayo, and dated September 16, requested the IGP to take immediate action to address the situation, particularly ensure immediate arraignment in a court of law should the officer be suspected of committing the offence.
The five individuals, who are members of the Neighbourhood Watch in the Akpawfu community, Nkanu East Local Government Area of Enugu State are Sunday Nwobodo, Onyeka Nnnaji, Nnamdi Gabriel, Nweze Igweshi and Nwabunkeonye Nnamani. On November 4, an Enugu State High Court sitting, presided over by Justice C.O. Ajah ordered the state CP and Deputy Superintendent of Police, Chidobe Ekeleme to pay the sum of N20million for violating the right to life of the late Chika Chukwu Onwe.
The judge stated that the fine was a result of the murder of Onwe in their custody without trial and in a manner devoid of due process. Onwe was arrested in 2019 alongside Izuchukwu Ani, at Agbani community in Nkanu West Local Government Area by the police, following a cult clash in the area on suspicion of being a member of a secret society in the state. On almost a weekly basis, the police are dragged to various courts across the country over one violation of human rights and freedom or the other.
Last year, there was a viral video involving six police officers using a machete to smack two unidentified people in Imo State. Same year, four police officers were arrested for allegedly assaulting a traveller in Rivers State. The nation recorded the wildest-ever revolt against police harassment and brutality during the #EndSARS protests of October 2020.
The recent Enugu incident came days before this year’s commemoration of the International Human Rights Day. On this year’s occasion, on Tuesday, the Executive Secretary of the National Human Rights Commission, Prof. Anthony Ojukwu, said it receives over two million complaints annually regarding human rights abuses across Nigeria. He, however, expressed concern about its disproportionately limited resources compared to the escalating volume of reported human rights violations.
“We sensitise Nigerians to emphasise the fact that we all have rights. And if your rights are violated, as long as human beings are living in society, there will be a violation of rights. But the important thing is the government has also provided a place you can go to complain if your rights are violated. We receive over two million complaints a year, and that is mind-boggling,” Ojukwu said.
Human rights issues in Nigeria include unlawful killings, security forces accused of torture and other cruel, inhuman and degrading treatment of the citizens, life-threatening conditions of the prisons, election fraud and gender-based violence.
The Nigeria Police, in particular, have constantly been accused of human rights violations including police brutality (death of people, torture of detainees, extortion of suspects), unlawful detention, sexual violence and extrajudicial execution. Almost every press release of the police charges officers to curb misconduct and ensure professionalism. The most recent statement signed by the Force PRO, Muyiwa Adejobi, where the IG ordered the immediate posting of Assistant Inspectors-General of Police as heads of Police Zonal Commands of Zones 1,4 and 9 and the Force Criminal Investigation Department, Annex, Lagos, also contained the charge on misconduct.
“The IGP urges the new AIGs to ensure, strict supervision, and diligence in the discharge of their lawful duties and further encourages them to key into the police reform plans viz-a-viz projection of policing ethics and professional conducts. The IGP further charges the officers to checkmate all forms of misconduct and ensure offices exhibit peak professionalism, aiding the progress of the Nigeria Police Force and the growth of the country in general,” the Force PRO’s statement read. The day before Adejobi also conveyed the IGP’s directive to all police commands and formations to implement training programs that involve conducting extensive training and retraining exercises, along with orientation on policing ethics and professional conduct, to promote behavioural and attitudinal changes among the ranks of the Force.
The quest for Nigerian police officers to be professional and ethical in their conduct dates back to the establishment of the force. According to a lawyer, Mr Tosin Osasona, there have been at least seven efforts to reform the police dating back to the 1943 Police Act.
The Nigeria Police Act, 2020 is the present holy book guiding police operations. Signed into law on September 15, 2020 by former President Muhammadu Buhari, the Nigeria Police Act of 2020 aims at modernising and professionalising the Nigeria Police, with a focus on enhancing public trust, accountability and respect for human rights.
The 2020 Act also harps on the establishment of community police structures to enhance the partnership between the police and local communities in maintaining law and order.
Previous acts were discarded as they did not have the expectations and functions of the police well defined. Experts note that the present legislation replaced the previous Police Act of 2004 introducing innovative provisions tailored to current needs and challenges. The imperativeness of protecting human rights is well captured in the present police act though implementation and enforcement remain a problem. Section 37 stipulates the humane treatment of arrested persons. Section 37(1) states that a suspect shall be accorded humane treatment, having regard to his right to the dignity of his person; and not be subjected to any form of torture, cruel, inhuman or degrading treatment. The Act stipulates the expectations of a police officer as it relates to interrogation, arrest, warrant, and use of force. But, Communications Officer, Partners West Africa Nigeria, Ogechukwu Mohanye notes that there are quite several gaps in the Police Act 2020 as it relates to transparency, accountability, and protection of human rights.
On Arrest, Section 33 of the act stipulates the mode. It mandates the police must tell the arrested person why they are doing the detained unless doing so would stop the arrest. Section 34 mandates that the arrested person can stay silent and not answer questions until they talk to a lawyer or someone they trust while the detained person must be allowed to tell a family member, friend or lawyer about their arrest. During interrogation, section 60(1) requires the police to electronically record any confessions or statements made by the suspect, including audio and video recordings. This aims at transparency and ensuring that any statement given by a suspect is voluntary and free from coercion or undue influence. However, observers would ask how many police stations do audio and video interrogation of interrogations. How many stations have such facilities? Is bail free? Are suspects not asked to part with money for pen and paper to write their statements?
Meanwhile, section 43 of the act gives the police the power to arrest a person without a warrant if the person is caught committing a crime, suspected of a recent offence, or believed to be about to commit one. However, this is applicable for non-capital offences and the suspect should be granted bail within 24 hours. While the police are empowered to do a stop and search of a person, or vehicle, it is not expected to check electronic devices or search premises without a warrant. Also, the police are not expected to do night searches of premises except in the daytime. Have there not been instances where police search devices of persons arrested, barge into premises without arrest or conduct a search in the night? Furthermore, police are not expected to do stereotypical profiling of people to arrest them, for example, assuming that all people with dreads, tinted hair, wearing crazy jeans or dressing in a particular manner are ‘yahoo-yahoo’ or criminals. However, a legal practitioner, Mr Tosin Osasona said police are forced to do such profiling especially if over time, prosecuted criminals dress or come across in a particular way.
The police are also not expected to consume alcohol on duty while gender must also be respected in search and arrest. But, have police officers not been found with alcohol oozing out of their mouths when accosting drivers or passersby? A legal practitioner, Precious Osinaku noted that stakeholders in the Nigerian society and Nigerians at large must also understand their rights. In the same way, she notes that the professionalism of the Nigerian police can be achieved if police personnel themselves understand what is in the Police Act, which guides their operations.
Another issue in the police act raised by observers is that while it codifies community policing, we still have situations of strangers policing strangers where people outside state of origin even region of origin are deployed to superintend over policing in other states or zones. Rather than a seamless operation, they then have to start learning the culture, demography, and tradition of their place of posting. Meanwhile, the IGP, following the Police Act Amendment of 2024, now enjoys supreme, unhindered operational control, as he is now empowered to complete his tenure of four years and cannot be removed haphazardly. According to Tosin Osasona, a lawyer, the greatest issues that face the Nigerian police are performance, legitimacy and trust. He also pointed to the challenge of implementing the part of the Act that requires only lawyers within the police to prosecute cases. He questions how many lawyers are within the police. “With fewer than 500 lawyers in the Force and over 1,500 cases needing prosecution, the government must prioritise recruiting and resourcing legal professionals for the police,” he said.
