CHAPTER ONE

INTRODUCTION

1.1 Background of the study

Nigeria as a political entity is bedeviled with a myriad of socio economic and political problems, which are inherently multifarious in nature[1]. Some of these problems include political instability or uncertainty, corruption, poverty, moral decadence, and various forms of economic crimes such as currency trafficking, product adulteration and piracy among others[2].

The administration of justice refers to the maintenance of right within a political community by means of the physical force of the state. It is the state's application of the sanction of force to the rule of right[3]. But in its broad sense, the administration of justice is involved in the exercise of every governmental function, be it legislative, executive or judicial. It is one of the vital functions of state, for the aim of state and government is the welfare and happiness of the citizen[4]. In this regard, the organs involved in the administration of justice include the police, the legal profession, the court and the prisons.

Criminal justice system – consisting of the judiciary, police, prosecutors, correctional services and the legal aid scheme - is not working in Africa[5]. Despite assurances that it is working to reduce crime, the system is in fact slowly grinding to a halt, with staff shortages, lack of accountability, and corruption. The Nigeria pre-colonial criminal justice system for instance differs both substantially and procedurally from contemporary criminal justice system in Nigeria. While we cannot posit that there was no crime in the traditional society, the justice system procedure involves almost all members of the society[6]. According to Nweje[7], it is an indisputable fact that very many, if not most, of the criminal offences and civil wrongs recognized by our laws of today, were also offences known to and administered by our ancestors long before the advent of the Europeans.

Murder, robbery, arson, treason, ordinary stealing, burglary, even breaches of the peace and assaults, rape, incest, sacrilege and so on, were all offences recognized, provided for and punished by our native communities before the white man came. There were no established courts; but the village assembly usually met and heard and decided cases that arose between one person and another or between the community and some recalcitrant members. Depending on the arrangement of the particular community the tribunal that first heard the case was the family meeting - in Igbo land called Umunna. From this appeal went to the village assembly or meeting, made up of either just the village elders or the general adult population. Some larger communities (such as centralized monarchies of Benin and Oyo Kingdoms) had higher tribunals. There were differences in details from one community to another but the general pattern was the same or similar all the way (Nweje, 1975:186-187).

The police play a vital role in the sustenance of order, legality, development and democracy else it would be difficult to achieve peace and orderliness[8]. Therefore, any policy aimed at reducing poverty must take account of the facilitative and inhibitive roles of the police in society. The major role of police is policing is securing compliance with existing laws and conformity with precepts of social order however the police are not the only agency involved in policing, in the broad sense of the term. Policing has always been necessary in all societies for the preservation of order, safety and social relations[9]. The importance of policing becomes even more evident in modern societies characterized by diversities and contradictions arising from population heterogeneity, urbanization, industrialization, conflicting ideologies on appropriate socio-political and economic form of organization. However, the emergence of the police, a body of men recruited and paid by the state to enforce law and maintain order, is a recent development in human history[10].

It is a well-known fact that the prime object of the criminal law of which the police form an essential part is the protection of the public by the maintenance of law and order. To this end, it has been stated that the general purpose of the criminal law and the establishment of the police force, amongst others, is to forbid and prevent conducts that threaten harm to individuals and the public at large, as well as to subject to public control, persons whose conducts indicate that" they are disposed to commit crimes[11]. It includes the control of those who have manifested their dangerousness sufficiently enough to generate fear in the minds of reasonable members of the society. This is because every responsible society takes appropriate measures to protect lives and property of people living within its boundaries. This leads us to the concept of crime control which has been said to refer to a host of activities including all efforts designed to hold the volume of crime in effective check, to keep it from spreading, to restrict and prevent crime infection and continuation, to prevent crime from breaking and spreading to new areas, and to protect society against the activities of habitual and abnormal offenders[12].

1.2 Statement of the problem

Evaluation of the effectiveness of the Nigeria criminal justice system is an issue that apparently requires attention; given the seemingly unchecked lawlessness that pervades the nation, the phenomenon and increased rate of recidivism in Nigeria, as in most other societies, and the general opinion and perception of justice as a mirage[13].

The negligence of duty by The Nigerian Police has however created robust problems and has left security in Nigeria state in a bad shape. There is the problem of funding, human resource management, welfare of the police force, the quality of personnel, low quality and shortage of arms and ammunitions. Also, the Police are often unable to respond to distress calls of citizens rapidly, inadequate public cooperation, poor public image and poor remuneration. Efforts at reform of this quagmire are yet to yield lasting result.

The Nigeria Police is saddled with the responsibility of maintenance of law and order. It also protects, prevents and investigates criminal activities. In the discharge of these duties, the force has over the years failed. This is by virtue of certain inherent problems and challenges that has militated the force in its application of its powers as have been statutorily provided.

To solve the problem of this research, the following research questions will be tackled:

1. What is the role of the Nigeria Police in the administration of justice?

2. What are the problems facing the Nigerian Police Force in the administration of justice?

3. What are the solutions for combating crimes in Nigeria?

1.3 Objectives of the study

The main objective of this research is to review the role of the Nigeria Police in the administration of justice and Security in Nigeria, with other objectives as follows:

1. To examine the role of the Nigeria Police in the administration of justice.

2. To address the problems facing the Nigerian Police Force.

3. To Provide solutions for combating crimes in Nigeria.

1.4 Scope and limitation of the study

This research is limited to the role of Nigeria Police in the administration of justice. It will also look into the issues of crimes prevention and mechanisms for control crimes in Nigeria. This research work is being limited majorly by finance. It made it difficult to traverse so many places getting useful information which would have aided this work more effectively. Also, the pieces of information I used in this research were not gotten on a platter of gold, this is because Police arenas are closed circuit where their information is hardly disclosed to the public.

1.5 Significance of the study

The significance of this research work cannot be over emphasized. It analyses the role of Police in the Administration of Justice in Nigeria in order to give the public clearer views on police administration.

With the overwhelming security challenges in Nigeria, this research work will serve as a useful instrument to improve the Police Force administration thereby reducing to the barest minimum the problem of terrorism and robbery attacks. It is sad to hear that some police officers do not even know their roles aside maltreating members of the society and taking bribes. This research will help the Police Officers to know their roles in maintaining internal security in Nigeria and to correct the maladministration in the Force.

Also, the research is necessitated to show case the indiscriminate violations of human rights by the police and the gross increase of crime rate in the country which often leaves much to be desired.

With the above issues, this research will serve as a viable source of information to all and sundry. First, it will benefit the police, those engaged in the administration of justice, law enforcement agencies and the court. It will also provide relevant suggestions on how best to curb the increase of crimes; it is also of immense benefit to policy makers, government officials, academicians, students and anyone interested in the peaceful co-existence of the Nigerian populace.

1.6 Research Methodology

This work is in tandem with doctrinal research methodology. Under this approach, the researcher conducted a critical, qualitative analysis of legal materials to support the objectives of the study. Both the primary and secondary sources shall be employed such as the examination of statutes, Case laws, law reports, textbooks by renounced scholars. Other library materials such as journals, newspapers had been made reference to. Of course, internet sources were considered for current trends on crime detection and prevention. Encyclopedias, thesaurus and police diaries have been made reference to.

1.7 Literature review

The subject of this study is a significant historical and political institution. The police, together with the judicial system, the executive branch, and the armed forces, are important pillars of every contemporary state. Since its beginning, the job of the police has not only prevented and discovered crime but has also maintained public safety and typically supported the existing administrations that were at first British until being replaced by Nigerian rule.

Ibiziako, also in his book: ‘Police Powers in Nigeria’ which is a London University Ph.D Thesis, 1963^[14], addressed the scope of the powers of the police in the prevention and detection of crimes; an enhancement to the identification and appreciation of the powers of the police, but only relevant to a large extent in four decades, as there is little relevance to the present police institution in Nigeria.

Gerber and Schroeder also wrote on Criminal Investigation and Interrogation, Cincinnati, 1962^[15], where they elucidated on Investigation and Interrogation in the Maintenance of Law and Order and of curbing the rising tide of crime, yet their work has its short comings as most of the investigatory and interrogatory methods do not address the issues of Cyber Crime in the contemporary world.

Okonkwo in his book: ‘The Police and the Public in Nigeria’ ^[16] raised invaluable issues of the role of police in the prevention, detection and enforcement of crime. Though he addressed the Nigerian issue in his book, there are certain grey areas he failed to enunciate and examine, such as the role of the police as it relates to court proceedings.

Ottenberg^[17] gave very useful tips on police investigation. His work is relevant to the situation as it obtains in Nigeria in the past, and gave a clue to the present. Though, a foreign book, it enhanced the richness of this research.

Jeffries, C. in his book: ‘The Colonial Police, London, 1952^[18], only made reference to the function of the police in the colonial era. His work is relevant for this research only, in that it gives a historical background of the police, but is silent in contemporary role of the police.

Alcock, R.N. in his book, “Police Instruction Book”^[19] discussed very fundamental issues on crime prevention and detection. His work is indepth on the role of police in the prevention of crime, but failed to address to the minute detail of issues of enforcement of law. Also, his work, though relevant for this research, it is not in tune with contemporary issues as they obtain in Nigeria.

Shirley^[20] gave an outstanding historical antecedence of the Nigerian police. The work, in its class has addressed succinctly the emergence of the Nigeria police.

The internet was also consulted where the researcher got very useful information and update of the role of the police in the twenty first century. This source, gave an in-depth description of the role of the police in the modern world and the rising tide of crimes and ways to put a halt to them.

1.8 Organization of the study

This study is structured under five chapters. Chapter one deals with the general introductions. It consists of introduction, statement of the problems, aims and objectives, justification, scope of the study, methodology, literature review and organizational layout.

Chapter two deals with the history and development of the police force, organisation of the police force, the objectives of the establishment of the police force, the statutory powers, duties, functions of the police and conclusion.

Chapter three focuses on the police in the administration of justice, the concept of crime and the role of the police in combating it, detection and prevention of crime, the power of arrest, legal seizure and use of force, prosecution and interrogation of suspects, informers and entrapment and conclusion

Chapter four examines the modern trends, issues and challenges in the police force, discipline in the police force, the Nigerian police and challenges of the modern world, cyber and computer crimes, modern equipment in crime detection and prevention, the police and quest for better services, the future of the police in Nigeria and conclusion.

Chapter five concludes the research by way of observations, findings and recommendations.

1.9 Operational definition of terms

The following basic concepts are operationalized for easy comprehension of the study:

i. Policing: Scholars have defined and conceptualized policing in various ways. Policing can also be defined as the activity of making societies safe which entails intentional attempts to regulate the distribution of physical security produced by actual or potential use of force.

ii. Crime Reduction: It is all the effort from the people and the government to reduce the rate of crime in a given society.

iii. Security: National security is the requirement to maintain the survival of the state through the use of economic power, diplomacy, power projection and political power.

iv. Administration: The term administration had been defined by different writers. In the words of Max: “Administration is determined action taken in pursuit of a conscious purpose. It is the systematic ordering of affairs and calculated use of resources aimed at making those things happen which one wants to happen

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