The Effects Of Corruption On The Statutory Duties Of The Nigeria Police Force By Y.A, Usman (Ar-Rohees)

It is a common knowledge to all Nigerian citizens that the law enforcement agencies are statutorily established for a particular purpose and there are functions/duties which each agency has to carry out, and the way such should be carried out in accordance with their professional ethics. The Nigerian Police Force has its historical development as far back as the last half of the 19th Century in Lagos. Its creation was prompted by the police and socio-economic difficulties experienced by the British Administration between 1840 and 1860. ^1.

This paper intends to discuss the two issues which are as follows; (1) the duties of Nigeria Police Force and (2) the effect of corrupt practice in the course of discharging their duties.

The word “police” can originally be traced back to France in the 10th Century and it described the body of men and their system of cleaning, lighting and repairing the cities and urban areas.² Police is defined as the governmental department charged with the preservation of public order, the promotion of public safety, and the prevention and detection of crime while Police power as well defined as the inherent and plenary power of a sovereign to make all laws necessary and proper to preserve the public security, order, health, morality, and justice.³

The corruption which affects the Nigerian Police while discharging their duties also defined by Garner as the act of doing something with an intent to give some advantage inconsistent with official duty and the rights of others; a fiduciary’s or official’s use of a station or office to procure some benefits either personally or for someone else, contrary to the right of others.⁴

As a law enforcement agency, the Nigerian Police Force is charged with some duties and power to carry out these duties is conferred upon them by the Constitution of Federal Republic of Nigeria, 1999 as amended.

Section 214(1) of the Constitution states as follows:”

1. 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.
2. Subject to the provisions of this Constitution –

(a) The Nigeria Police Force shall be organized and administered in accordance with such

Provisions as may be prescribed by an act of the National Assembly;

(b) The members of the Nigeria Police shall have such powers and duties as maybe conferred upon them by law;

The general duties of the Nigerian Police are clearly stated under section 4 of the Police Act:

The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of this or any other Act.⁵

From the foregoing, the duties and functions of the Nigerian Police can be said to include the following:

1- Prevention and detection of crime,

2- Protection of life and prosperity,

2- Apprehension of offenders,

3- Preservation of law and order, and

4- Due enforcement of laws and regulations.

Note that, this above section state further to include performance of such military duties within and outside Nigeria as maybe required of them by or under the Police Act.

There are other duties performed by the Nigerian Police such as conducting road traffic and the likes.

This paper equally intends to expose if any, the nexus between the Nigeria Police and the citizens, together with the factors that give birth to corruption.

The Constitution vividly sets out the rights of every citizen of Nigeria which must not be deprived provided that the circumstances under which such may be infringed has not arisen.⁶

There’s no doubt that the constitution sees that the primary purpose of government is to ensure security and welfare of all persons in the country. Now, in order to ensure that there’s security in the country, section 214 of the Constitution empowers the Nigeria Police as one of agencies charged with the most – tasking duties which is protection of life and prosperity.

The Nigeria Police and The citizens

Law has established a good relationship between the police and the citizens. Any community where peace exits is presumed to be lawfully maintained by law enforcement agencies, this is because the main duties of the Nigerian Police is to ensure at all times that the citizens live in peace.

Community policing was founded on the principle that in a democratic society, the police are heavily entrusted by their fellow citizens to protect and serve the public’s fundamental rights, liberty, equality and justice under the law.⁷

Though, for the successful operation of police officers, there must be an existing cooperation between the police and the citizens. It is very clear to every citizen that there’s a discord between the police and the citizens and the effect of which seriously affects the community in particular and the country in general. There are factors that lead to the said discord and I see it necessary to briefly state some of these factors.

(a)        Mode and procedures of arrest,

(b)        Unnecessary delay in attending to complaints,

(d)        Taking a bribe to forestall a case, and

(e)        Implicating the eye- witness who wants to help the course of Justice.

Ordinarily, citizens’ assistance is always required in enforcing and maintaining the laws of a country even though it is by law a duty of the Nigerian Police.

In Nigeria, the citizens see the Nigerian Police as their enemies due to the fact that, the Nigeria Police while carrying out their statutory duties fragrantly act outside the law which makes them arrest and detain the innocent who cannot be in any way linked with the offence committed, believing that the more the number of suspects increases; is the more the fees for bail get higher. Not only this, the illegal torture which is usually inflicted by police officers on the suspects in the course of investigation cannot allow cordial relationship between the police officers and the citizens subsist. The investigating officers are equally seen as implicating officers when torture is used as a means of extracting confessional statement from suspects, even some officers go ahead to claim that they found with a suspect weapons which are not found in his possession, all in the name of getting the suspect implicated.

It is very important at this juncture to note that, the duty of police on receipt of an individual’s report is to take and investigate allegation of crime and to accurately arrest and detain a suspect if there’s need for that, without being influenced by any authorities or personalities. The police is known as an independent organization with statutory duty to take from the public complaint that crime has been allegedly committed and it is part of there duties to conduct proper investigation before they make arrest and detain the person suspected to have a hand in the commission of crime.⁸

The main cause of discord between the police officers and the citizens is lack of sincerity from the police’s side while on the other side; the citizens fail to cooperate with the police officers in the course of discharging their duties.

THE NIGERIAN POLICE FORCE AND THE CORRUPTION

Based on the fact that the Nigerian Police Force is an independent institution statutorily established and empowered to protect life and property of citizens which equally has power to investigate a complaint by following the due process of law. It is very disdainful if today, the law enforcement agency is regarded as the custodian of evil deed. The report was that, the Nigerian Police have become “a symbol of unfettered corruption, mismanagement, and abuse.”⁹

The question is; how correct the above statement is? This paper has initially brought to the knowledge of the readers what Corruption is. Going by the definition, when can a police officer be held to have used his office to give some advantages inconsistent with their official duty to procure some benefits for himself or someone else without having concern with the right of others?

Also, the definition of corruption under section 2 of The Independent Corrupt Practices and Other Related Offences Act includes bribery. Can we safely say that the police free from this after considering the two legs of the following statements:

1-         Using the office for the benefit of themselves contrary to the right of others: It is a known fact that, in the event where a suspect fails to pay bribe and cannot even be linked with the offence committed; such a suspect remains in police custody and may even be implicated for not payment of bribe or bail charges when it is requested.

2-         Using the office to procure benefits for someone else contrary to the right of others: there is no doubt that, where a police officer receives a reward from an influential person in order to neglect his statutory duty and do what is contrary to law and to the right of a poor citizen, such as altering the written statement of the complainant or the suspect, failure to carry out the proper investigation and hiding the useful exhibits.

It is said that the rules of law ceases to exist when police sell their services for private profit¹⁰  There’s a big problem in a country where a police officer works for his pocket and disregards what might happen to the life of citizens. The police officer is expected to perform his duty without fear and favor of the complainant or the suspect.

In AREMU vs. ANUSIONWA¹¹ Per Barka JCA said:

“…I must agree with the respondent that where an individual makes a report to the police, it is then left to the police, whose duty it is to investigate and to take appropriate actions.”

A police officer who accepts a bribe is not only condemning himself a worthless ‘bad egg’ in the eyes of the public but should remember that he has shackled himself for all time to the giver.¹² It is very known that many complaints are buried and many crimes go un-investigated by the police where influential persons buy the police and his duty with money.

Let’s start from known to unknown, in Nigeria, police officers are seen collecting money from private and commercial motorists, they only check the cars if the person fails to give out a bribe and free whom gives. Police officers are seen doing what is neither their constitutional nor statutory duties to make their pockets get filled.

It is equally very unfortunate that the police sometimes rendered themselves to be willing tools in the hands of any person, body and organizations to perpetuate their activities. In the case of Attorney Gen. Anambra State vs. Registered Trustees C.D.A Lagos State¹³

“… The deployment of men of the Nigeria Police to mount road blocks for the collection of taxes and levies by the state and Local Government is not within the administrative duties of the Nigerian police force. The duties of the police are clearly spelt out under section 4 of the police Act…. “

Without flying far from this point, it is very dangerous to the country if the Nigerian Police Force solicits and accepts bribe in order not to carry out an investigation in respect of serious offences such as kidnapping, armed robbery, and homicide cases reported at the station .The corrupt practice of police officers is a common disease which increases the level of crimes in the country. Corruption within the police is like a crime within a society and it’s unlikely to be eradicated.¹⁴

CONCLUSION

If the corrupt practices fragrantly take over the statutory duties of Nigeria Police Force; the country should not expect preservation of public order, promotions of public safety and welfare of the citizens. The law enforcement agencies are entrusted with a very delicate duty which should not be compromised in whatever way and automatically, if bribery is given a chance to penetrate into these constitutional and statutory duties, the aim and objectives of creating the agencies would be rendered useless.

It’s worthy to know that, the current situation in Nigerian Police Force cries for a total reformation and all police officers regardless of their ranks should be committed to ethical practices, and failure of which attracts punishment.

It is very known that, there is Police Disciplinary Code which is designed to make all police officers be aware of the nature of their duties and this code prohibits corrupt practice such as receiving a bribe. If there’s a law, it’s obvious that there must be a sanction. Thus, when a police officer engages in corrupt practices; dismissal, reduction in rank or grade and the likes should be the punishment. It’s very unfortunate that, the corrupt practice is like a rainfall everywhere, and justice is always sold to the highest bidder in the country. Finally, I strongly disagree with the fact that, the increment of salaries can put a stop to corrupt practice in the Nigerian Police Force, this is because; the corrupt practice has form part and parcel of Nigeria Police’s duties if not written in any enactments.

By: Y.A, Usman (Ar-rohees), Email: rohees9090@gmail.com, Phone:07033589425

End Notes

1. Sidney A. Afonja. (2008), “Essential Laws for the Nigerian Police and other Law Enforcement agencies”, Flocel Publishers. P. 46
2. ibid. 46
3. 3. Bryan A. Garner “Black’s Law Dictionary”, 8^th edition, p.1196
4. Ibid p. 371
5. Cap p19 LFN 2004
6. Chapter IV of the 1999 Constitution of Federal Republic of Nigeria
7. Sidney A. Afonja, Op.cit, p.125
8. Ogbu Vs Ozor (2017) ALLFWLR (Pt. 906) p. 1521 @ 1526.
9. The Africa Report, (2014) “Nigeria seeks to curb Police corruption” available online at http://www.theafricareport.com/west-Africa/nigeria-seeks-to-curb-police-corruption.html 16 October, 2014.
10. Okeshola, F (2008) Patterns and trend of crime in Nigeria. Lagos: National Open University of Nigeria.
11. (2018) ALLFWLR (Pt. 962) p. 1668 @ 1673.
12. Sidney A. Afonja, Op.cit, p.428
13. (2017) ALLFWLR (Pt. 876) p.1-9
14. Combating Corruption in the Nigeria Police- A presentation by the Independent corrupt practices & Other Related Offenses Commission At the Police Service Commission Retreat, August 2008.