by Omowunmi Oladokun
In April 2026, One 28 year old Mene Ogidi from Efurun Delta State was shot and killed by police officers led by ASP after being tied and interrogated.
Police is your friend is not just the motto of the Nigerian Police Force. It has become the popular anthem of the body known by all and sundry. The question is “are Police Officers truly our friends?
Torture, Extrajudicial Killing, Unlawful detention etc have been the experience of the citizens of Nigeria with the Police force. Walking down memory lane will help us find out why the Nigeria Police Force was created and whether they are fulfilling the purpose for which they were created.
Section 214(1) of the 1999 Nigerian Constitution (as amended) provides that:
“There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section, no other police force shall be established for the Federation or any part thereof.”
Prior to Nigeria coming into full existence, The Nigeria Police Force was created in 1820. It was created for conventional reasons like national security, support for the prison service, Support for Immigration and Custom service. It is a body under the executive arms of government created by Section 3(1) of The Police Act of 2020:
a).To prevent and detect crime and freedom of every person in Nigeria as provided in the Constitution, The African Charter on Human and People’s Right and any other law.
b).Maintain public safety, law and order.
c).Protect lives and property of all Citizens in Nigeria,
d).Enforce all laws and regulations without any prejudice to the enabling act of other security agencies,
e).Discharge such duties within and outside Nigeria,
f).Collaborate with other agencies to take necessary action and provide the required assistance or support to persons in distress, victims of road accident, fire disaster, earthquake and flood.
g).Facilitate free passage and movement on highway, roads, street open to the public.
h)Adopt community partnership in the discharge of its responsibilities under this Act and any other law.
Comparing The Police Act 2004 and The Police Act 2020: the power given to them are:
1. Under Section 66(1) of the Police Act 2020, only a police officer who is a qualified legal practitioner is explicitly mandated to prosecute cases unlike the 2004 Act which allows non lawyers to prosecute.
2. The tenure for the Inspector General of Police has been fixed to 4 years. Section 7 of The Police Act 2020.
3. Police Searches have been banned under the new law. Section 54 of The Police Act.
4. The Police Complaints Response Unit (CRU) was created under Section 131 of the Police Act 2020.
5. Makes legal Community Policing and formalizes vetting for Private Companies. Section 113- 119 of The Police Act 2020
6. Prohibits Arrest in Lieu ( arresting the family of a Suspect when the Suspect cannot be found.(Section 36 of The Police Act 2020).
7. Mandates 24 hours bail or arraignment before the Court of Law. (Section 62 of The Police Act 2020).
8. Mandate monthly report of warrantless report. Section 69(1) of The Police Act of 2020
WAYS TO PROTECT YOURSELF AGAINST POLICE BRUTALITY.
1. Inform your lawyer immediately after you have been arrested to prevent you from detention and torture for a long time.
2. You can write a petition to Police Service Commission against any Police Officer who deprives you of your right.
3. You can sue the Nigerian Police Force for any inhumane act committed against you and recover damages.
4. Insist on writing your confessional statement; do not allow a police officer to write for you. An illiterate must insist that an audio/video recording must be taken or the statement taken in the presence of their lawyer.
In conclusion, since the Police Force has lost the trust and confidence that the society has in them. Knowing your right may keep you safe from police brutality at all times.
