LAGOS – The phrase “Police is your friend” in Nigeria intended to foster trust between citizens and law enforcement agencies has sadly become a mere slogan, often contradicted by the actions of the police themselves. The phrase, originally meant to assure Nigerians of the police’s role as protectors and helpers in society, has been tainted by numerous reports of brutality, extortion, and corruption within the force.
Instead of embodying the values of service and protection, many officers have abused their power, turning what should be a relationship of trust into one of fear and mistrust. The actions of a few officers have deeply eroded public confidence in the police, making the notion that the “police is your friend” seem more like a cruel irony than a reality in many parts of the country.
Most especially, the Nigeria Police Force’s bail system, which is ordinarily designed as a means to ensure the temporary release of individuals pending further investigation or court appearances, is theoretically a cornerstone of justice.
When properly administered, bail serves to protect citizens from unnecessary detention, allowing them to continue their lives while awaiting legal proceedings. It ensures that only those deemed a flight risk or a danger to society are kept in custody, thus upholding the principle of “innocent until proven guilty.” However, investigations in many police stations across the country paints a different picture, with widespread reports of abuse and corruption tainting the process.
The system, which should ideally be free and fair, is often marred by extortion and misconduct. Many citizens report being asked to pay exorbitant sums to secure their release, even when they have committed no crime. This practice is particularly rampant during arbitrary police raids, where innocent people are rounded up, detained, and pressured into paying for their freedom. The abuse of power in these situations not only undermines the legal system but also erodes public trust in law enforcement and free access to justice. Such actions reflect a deep-seated rot within the system, where the focus shifts from justice to personal gain for corrupt officers.
The rot in the bail system, it was discovered, is symptomatic of broader issues within the Nigerian Police Force, where the line between enforcing the law and exploiting it becomes increasingly blurred. Victims of these practices often have little recourse, as complaints about police misconduct are frequently ignored or dismissed. This creates a cycle of impunity that perpetuates the ugly reality of corruption within the force.
The need for reform is urgent, as these abuses not only violate individual rights but also threaten the social fabric by fostering resentment and distrust among the populace.
Speaking on the development, a human rights lawyer, Mr. Bayo Akinlade, expressed serious concern about police conduct and the violation of citizens’ rights.
He described situations where individuals were arrested without cause and detained for extortion purposes, echoes disturbing practices that have been protested in the past, particularly during the #EndSARS movement.
He emphasised that the role of the judiciary and the need for oversight by the various Ministries of Justice is crucial.
According to him, such raids amount to significant abuse of power, undermining the rule of law and citizens’ trust in law enforcement.
He, therefore, called on the police chief to reassess their strategies, steps as well as demanding accountability to ensure that such practices do not continue.
“The right to freedom of movement and protection from unlawful detention is a cornerstone of any democratic society, and it’s imperative that these rights are upheld by the authorities.
“Addressing these issues before they escalate further is essential to maintaining peace and justice in the state,” he said.
Also while speaking on the ‘Exploring Contemporary issues in Administration of Criminal Justice: Perspectives and Insights, at the just concluded NBA Annual General Conference in Lagos, Justice Serifat Sonaike, SAN,’ Dr. Babajide Martins, the Director of Public Prosecutions, Lagos State, and other discussed expressly on the issue.
They all noted that nine years after the Administration of Criminal Justice Act (ACJA) was enacted, the law is yet to produce the expected result, which includes enhancing speedy justice delivery.
Though the Act was a welcome idea, various challenges have suffocated its implementation such as limited funding, lack of training, among others.
Justice Serifat Sonaike said that the judges in Lagos State have made significant strides in improving the functioning of the criminal justice system by employing various policies and legal framework provided by the Administration of Criminal Justice Law 2021 to enhance the speedy, efficient, clear and impartial criminal trials, identifying and addressing various contemporary issues, establishing specialised courts, as much as possible and implementing time-limited streamlining procedures.
“Judges in the criminal division under the legal leadership of our Honorary Justice Adenike, usually hold a monthly virtual meeting for collective and collaborative thinking in advancing regulatory excellence, shaping the future, thereby enhancing transformation of criminal division,” she added.
She also stated that the legal practitioner is a minister in the temple of justice who must work hand-in-hand to see that justice is done in all cases as has been held in various Supreme Court cases.
Senior Advocate of Nigeria (SAN), Dr. Babajide Martins, emphasised the need for a functional database, which would aid investigation as against over reliance on confessional statements and circumstantial evidence in courts.
He also charged police officers who have been transferred to participate in virtual hearing so that cases can be finalised easily to prevent case stalling.
Human Rights Activist Hameed Abimbola Jimoh explained that the ACJA 2015 was proposed to promote efficient management of criminal justice institutions, speedy dispensation of justice, protection of societies from crime, and protection of the rights and interests of the suspect, defendants, and victims.
Jimoh, however, noted that nine years later, the system hasn’t been compliant with the provisions of the Act.
He noted that the act does not contain clear positions of terrorism crimes or trials, the reason military and other law enforcement agencies take a long period of time in acts of terrorism and disregard court orders.
He opined that identification of roles, training and synergy would aid effective implementation of the Act.
Executive Director, Headfort Foundation for Justice, Oluyemi Orija, stressed that though Nigeria has very beautiful laws, it has remained saddled with the challenge of implementation.
She, however, noted that Lagos State is leading in implementation and continued improvement of the existing laws, adding that availability of resources remain a limitation to the implementation of the act.
“From my perspective, working in the civil society space, implementation is the problem and we want to talk about how these beautiful laws are being implemented. I’ll also look at the Nigerian Corrections Act. And the first thing I read in the Nigerian Corrections Act, I said, only if you can just implement it,” she added.
According to her, if laws are well implemented, there would be less cases pending in the court and fewer people behind bars, but that’s not the reality of Nigeria and of the justice system.
Justice Orija, however, highlighted that technology can help curb delays in the justice systems citing an instance where a new judge presiding over an already existing case can through technology get all the information and continue with the case instead of starting all over.
“The provision of the ACJL makes provision for accountability and consequences for private prosecution. But I think that provision should be extended to public prosecution, because the police should not just pick people up and throw them away. People are not meant to face a charge in the Nigerian justice system for months and years. And at the end of the day, you say that the matter is struck out. No compensation of any sort. No accountability of any sort. And I think these are the things we really have to take into account,” she added.
A Deputy Inspector General of Police (DIG) in charge of Intelligence, Dasuki Galadanci, has also said that the Administration of Criminal Justice Act (ACJA) has been helping the Nigeria Police Force (NPF) in doing its work more efficiently and effectively.
He noted that the Administration of Criminal Justice Act and Criminal Justice Law, has helped the police in doing its work more efficiently and more effectively.
According to him, the ACJA has been efficient in the police job in case file management, it ensures that the police is open, sincere and transparent in carrying out its job.
“The ACJA has been effective in making sure that we work as a team with Judges, Magistrates and the Correctional Services to look at issues objectively to help one another.”
While insisting that those who commit crimes and criminality are Nigerians, DIG Galadanci explained that the essence of ACJA is to ensure speedy trial and to also ensure that anyone who commits an offence is timely dispensed with.
On the issue of the police prosecuting cases frivolously, the police boss maintained, “For me, when you look at it, no single police officer will go and prosecute any case frivolously, knowing full well that it is frivolous.
Read the full article here
