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Thursday, February 25, 2016

POLICE POWERS AND DUTIES AND THE RIGHTS AND RESPONSIBILITIES OF THE CITIZENS







The Nigeria Police Force (NPF) is created and regulated by law. The powers, functions and procedures of the NPF are founded on Nigeria's 1999 Constitution, the Police Act and other regional and international legislations and norms.

POLICE POWERS AND DUTIES

The law confers the following powers and duties on the police:

1. Power to arrest any person suspected of having committed an offence. The offence must be known to the law.

2. The police may arrest a person for an offence without a warrant if the police officer sees the person committing the offence.

3. The police officer or officers carrying out the arrest must inform the person being arrested the reason or the offence for which he or she is being arrested and/or detained.

4. Power to investigate a crime without interference.

5. Power to grant bail to a person suspected to have committed an offence. Except in capital offences (that is offences carrying death penalty), such as murder and armed robbery, the police have powers, and are required by law, to grant bail to a suspect or charge him/her to court within 24 hours or 48 hours. The police have the responsibility to grant bail on simple offences. SUCH BAIL IS FREE!

6. The police shall bring a suspect to court within one day (24 hours) of arrest where there is a court within 40 kilometers from the place of arrest/detention. But where the distance is more than 40 kilometers, the person shall be brought before the court within two days (48 hours).

7. However, the police may refuse bail, if the suspect has no fixed address or is accused of or charged with a serious crime such as murder or armed robbery. In such case, the person must be promptly charged to court.

8. Police have no legal basis to refuse a woman to stand surety for a suspect. All persons are equal before the law.

9. Power to conduct a bodily search on any person suspected to have committed an offence.

10. The police can on reasonable suspicion conduct a bodily search on a person without a warrant, provided that the police officer carrying out the search must be of the same sex with the person being searched.

11. Power to search premises. The law requires a warrant to be shown to the owner of the premises before his/her premises may be searched. The warrant must also indicate the items to be searched for. The police can search premises only with a warrant signed by a superior police officer or a magistrate or a Justice of the Peace. The person whose premises are being searched reserves the right to insist on searching the police officer before the officer enters the house to conduct the search.

12. Power to maintain or enforce law and order and to use reasonable and proportionate force to prevent the breakdown of law and order.

13. It is the responsibility of the police to protect the identity of complainants, information and witnesses.


RIGHTS AND RESPONSIBILITIES OF CITIZENS

1. A citizen has the right to be told of his/her offence or the reason for his/her arrest and can insist on consulting a lawyer or other representative of choice before giving any information or making statements to the police.

2. A citizen has the right not to be tortured or forced to confess or admit an offence he/she has not committed, or knows nothing about. 

3. A citizen has the right to write his or her own statement personally, if he/she is literate.

4. A citizen has the right to have an independent person of his/her choice read the statement and interpret it for him/her if he/she is illiterate, before thumb printing.

5. A citizen has the right to refuse to sign a statement or even write one until he/she has consulted a lawyer or a human rights representative.

6. A citizen has the right to ask for police bail if detained or about to be detained.

7. A citizen, who is injured in the process of being arrested or detained by the police, shall have the right to report to a superior police officer in that same or another police station. He/she should also support his/her claim with a medical report obtained from his/her doctor, and photographs of the injuries sustained while in police custody. 

8. A citizen has a right not to be harassed, intimidated or physically assaulted, threatened or tortured by the police. 

9. If a police officer takes your personal effect such as money, wristwatch, or documents, you are entitled to being issued a receipt, and you have a right to insist on being issued with a receipt.

10. You have a right to be told the reason for your arrest and/or detention.

11. It is an offense for the police to demand bribe from you as condition to grant bail; it is also an offence for you to give or offer bribe or any form of inducement to the police. If any police officer demands or forces you to part with bribe, memorize or record the name and service number of the officer involved and report the matter immediately after you are released to a lawyer or to any human rights organization, or to a superior police officer in that same or another police station.

12. It is the duty of every citizen to assist the police in their work including by giving credible information to aid the detection, prevention and investigation of crime.

13. It is the responsibility of every citizen to give truthful and useful information to the police.

14. It is not right to be rude to the police, or assault a police officer or to prevent him or her from performing his/her lawful duties.

15. If you are invited by a police officer to report to the police station, you are under obligation to do so.

16. If you are required to appear in court on a date specified on the bail bond, your failure to appear in court may lead to the revocation of your bail and a bench warrant issued for your arrest. 

17. Every victim of crime is entitled to fair and humane treatment. A victim of gunshot is entitled to prompt and adequate medical attention without any more consideration than to save life first.

There is no law that requires medical personnel to have a police report before treating a victim of gunshot injury. Successive Inspectors-General of Police have clarified that police officers should not harass, intimate or arrest any healthcare giver or hospital staff that treat a victim or gunshot injury without a police report. If the hospital suspects a victim to be an escaped criminal, the hospital should commence treatment while taking steps to alert the police.

Any hospital authority or personnel harassed by any police officer for treating a victim of gunshot injury should report to NOPRIN or any other human rights organization.

PLEASE REPORT CASES OF HUMAN RIGHTS ABUSE BY THE POLICE OR OTHER LAW ENFORCEMENT AGENCIES TO NOPRIN FOUNDATION.

NOPRIN Foundations’ Contact Information:
Address:
44, Alhaja Kofoworola Crescent
Off Obafemi Awolowo Way (Balogun Bus Stop),
Ikeja, Lagos, Nigeria.
Tel: 234-1-7618925,
E-mail: noprin@noprin.org. Website: www.noprin.org

Contact Person:
Okechukwu Nwanguma
National Coordinator
Tel: 234 8064974531
Email: okechukwu@noprin.org

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