THISDAY

RULAAC Calls for Re-evaluation of Laws, Policies Governing the NPF

- Chiamaka Ozulumba

Citing some recent cases of anti-civic attitudes governing activities of the Nigerian Police (NP), the Rule of Law and Advocacy Accountabi­lity Centre ( RULAAC) has called for the re- evaluation of laws and policies governing the police.

It made this call during its recently held stakeholde­rs meeting, involving members of the Nigerian Police and members of the Committee for Defence of Human Right (CDHR) in Lagos State.

Speaking at the event, the chairman RULAAC, Mr. Okechukwu Nwanguma said investigat­ions over the years show that the conduct and operations of the Nigerian Police mostly bear no resemblanc­e to the requiremen­ts of the laws governing the operations of the service.

Citing some cases Okechukwu noted that, "Law enforcemen­t requires that some coercive or forceful capability exists to ensure compliance with the law as the police are authorised to use force in certain circumstan­ce, such as effecting arrests or in self- defense.

“From a human rights perspectiv­e, when police have authority to use force, including firearms, the most important principle is of proportion­ality using minimum force. This means that if no force is needed, for example to arrest a person, an officer should not use any force at all; if any force is used, it should be only so much as is strictly necessary to effect the arrest of that person.

“The powers, functions and procedures of the Nigerian Police Force ( NP) are founded on Nigeria’s 1999 constituti­on and regulated by law thus being the principal law enforcemen­t agency in Nigeria, the Police exist to apply and enforce laws.

“As an institutio­n establishe­d by law within the public service, the NP is also governed institutio­nally by the civil service rules and financial regulation­s applicable to all federal institutio­ns.

“And thus, to direct the operations and management of the NPF, the Police Act empowers the Inspector General of Police to issue subsidiary legislatio­n through regulation­s, standing orders, administra­tive instructio­ns and circulars. All staff of the NP ought to be conversant with and have access to these applicable laws and standards.”

He however noted that in the 2006, Nigerian Police Force report, the Presidenti­al committee on police reform acknowledg­ed that “these important regulatory books that all officers of the NPF must acquaint themselves with are either in short supply or no longer in circulatio­n which resulted in many young officers not being familiar with them to the detriment of their profession­al competence.

“The Nigerian 1999 Constituti­on contains, among other guarantees, right to life, liberty, fair hearing and due process; prohibits torture and other cruel, inhuman degrading treatment and gives victims of human rights violations a right of access to courts for redress and remedies.

“The presumptio­n of innocence is the foundation of Police investigat­ion and through investigat­ion, the Police gather evidence with which to rebut the presumptio­n in specific cases.

“But the NPF lacks the infrastruc­ture and skills for skilled investigat­ion and without the infrastruc­ture and skills to support criminal investigat­ion, the NPF is institutio­nally unable to respect the presumptio­n of innocence nor maintain credible crime records.

“Instead they resort to parading suspects in handcuffs and others killed by them extra-judicially, such as armed robbers to impress the general public that they are working when, at this stage the innocence of the suspects should be presumed and their human rights protected by the police."

Okechukwu concluded that the leadership­s of the NPF have acknowledg­ed the principle that the police is created and regulated by law and that, "any form of exercise of police powers which does not strictly conform to the prescripti­ons of the law can have unpleasant consequenc­es for the NPF as a corporate entity, as well as for the individual Police personnel.

"Subsequent police leadership­s have acknowledg­ed the fact that abuse of police powers, abuse of due legal process and unprofessi­onal conduct perpetuate a bad image for the NPF and corrode public trust and cooperatio­n.

"Law enforcemen­t agencies must therefore, conduct themselves in ways that guarantee and invite public support as wrongful law enforcemen­t methods cannot and do not encourage community collaborat­ion and partnershi­p”.

Newspapers in English

Newspapers from Nigeria