POLICE BRUTALLY AND NIGERIAN DEMOCRACY
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POLICE BRUTALLY AND NIGERIAN DEMOCRACY
Abstract
Since Nigeria’s restoration to democracy in 1999, there appears to be a universal opinion that the basic concepts of democratic policing and human rights observance have not been completely realised.
Democratic policing emphasised responsive and representative policing, accountability and transparency to the public, crime prevention and control, having the necessary education and training, and being professional in all aspects.
All of this is based on international best practises for excellent policing, as recognised by the United Nations and other international organisations. The Code of Conduct for Law Enforcement Officials, for example, acts as a model for any police organisation seeking to operate in a free democratic society.
Individual rights are safeguarded in this country, however they are not absolute, and the police endeavour to balance the equation by following the “rules of engagement” permitted by law and not otherwise. Our research findings in Nigeria,
on the other hand, established that the Nigeria Police Force has not completely detached itself from the apron string of police brutality as a result of ever increasing acts of torture, cruel, inhuman or degrading treatment, extra-judicial, summary,
and arbitrary executions, arbitrary arrests, excessive use of force, unhealthy detention centres, and other human rights violations. The colonial background of Nigeria, as well as the gaps in the current Police Act, have been recognised as militating factors impeding efficient democratic police.
These impediments must therefore be removed in favour of creative features that will improve democratic policing in Nigeria. To accomplish this, behavioural, administrative, and, most crucially, legislative reform activities must be implemented. This will significantly improve and sustain excellent policing, democracy, and human rights compliance.
CHAPITRE ONE
INTRODUCTION
Background of the research
Most countries have agreed that democracy is the only form of government that attempts to defend individual liberty while also guaranteeing the fundamental rights of all citizens.
The pursuit of these rights, however, is not absolute because there are state organisations such as the police whose duty it is to maintain peace and order and to curb citizen excesses within constitutional limits, thus:
Within constitutional boundaries, police power is the exercise of the sovereign right of government to promote order, safety, health, morals, and general welfare, and it is a fundamental attribute of government.
Indeed, the police are the external civil authority of a civilised country’s power and might. The broader population is possibly impacted in some way by their actions or inaction.
This assumes that, while democracy enables or guarantees freedom, the police as an institution polices that freedom, and in doing so, they are expected to act within established democratic norms, or else the core of democracy is destroyed. This is because the role of the police and the existence of these norms continue to be the gold standard in determining an acceptable democratic society.
As a result, in an ideal society, the majority of policing applications designated as democratic policing practises are intended to promote democratic values and human rights. However, several issues have arisen in Nigeria regarding how the police carry out their statutory tasks.
The need to respect citizens’ fundamental rights while carrying out their lawful tasks is at the top of the striking balance. These responsibilities must be carried out within the framework of current rules that have been duly drafted and recognised.
It is lamentable, however, that despite more than a decade of democratic rule, Nigerians continue to experience numerous human rights violations at the hands of the police.
Despite everything democracy stands for, the police are still essentially authoritarian in nature. According to McCulley, the situation of human rights violations by police officials is creating a culture of impunity, which includes arbitrary arrest, extra-judicial killings, illegal imprisonment, and property destruction by security personnel, among other things.
So, how democratic is the Nigeria Police Force, and how well have they embraced democratic policing principles? What has been their level of response to human rights violations since 1999? It has been pointed out rightly that the police have not behaved effectively in this regard.
The Guardian editorial board stated:
The truth is that Nigeria’s police system is decadent on multiple levels, not the least of which is our police officers’ tunnel vision in their operational approach to investigations and the treatment of suspects and detainees.
They are motivated by overwhelming corrupt tendencies and use a variety of torture tactics that have nothing to do with the execution of the law or the promotion of justice…
Nigerians are well aware that our police are adept at making life hell on earth for their victims, whether accepting commissions from individuals or groups to settle scores against antagonists, opponents,
or offenders, whether hounding persons or groups in the name of the state or making suspects plead guilty to a crime not committed in order to be saved from police brutality, or whether committing sexual violence against female detainees.
Reuben Abati went on to say:
…the Nigeria Police Force is one of the most despised institutions in Nigeria today; it is distrusted by the very people whose lives and property it is supposed to protect, and this has led in many instances of self-help.
Every year, Amnesty International, Human Rights Watch, and local civil society organisations document numerous examples of police brutality, ineptitude, and corruption.
The crime rate is rising, and the police have proven to be ineffectual and overburdened. This has been true in almost every case, whether it was armed robbery, kidnapping, ethno-religious conflict, or financial fraud.
It is also widely known as a corrupt police force, with officers openly accepting bribes and engaging in thuggery and mendicancy. It is so bad that wealthy people hire cops for all kinds of illegal purposes, or simply as bodyguards to persecute the less fortunate.
Despite the aforementioned, it has been demonstrated that there are fundamental causes to blame for this negative deadlock. One example is the influence of Nigeria’s colonial/military history.
The British acquisition of Lagos in 1861 and subsequent installation of a Consular Guard were solely to defend British economic interests, and so no foundation for a civic and true police force for Nigeria was properly created.
As a result, the prevalence of youth violence in modern Nigeria is on the rise, causing public concern because violence is considered as antithetical to individual and national development. Nigeria has become a violent nation, with youngsters at the epicentre of most of it.
No section of Nigeria is immune to violence, which includes the Boko Haram insurgency, herdsmen-farmer conflicts, ethno-religious conflicts, kidnapping, armed robbery, terrorism, and EndSARS protests, among other things.
Against this backdrop, this study investigates the young movement, specifically the EndSARS protest, and the issues that youth face in the country. As a result, the document is split into seven pieces.
Section one is an introduction, while Section two is on the conceptual framework. Section three explores the empirical review, while Section four looks at youngsters and Nigerian police during the EndSARS rally.
This explains why the connection between Nigerian youths and the NPF has deteriorated. Section five discusses the issues that Nigerian adolescents face, while Section six offers recommendations and Section seven provides a conclusion.
Statement of the Problem
The essential foundations of policing a democratic state are the rule of law and human rights. The rule of law emphasises the importance of all individuals and institutions, especially law enforcement (police), adhering to the precepts of all democratic laws that are consistent with human rights norms.
These norms have gained general recognition to the point where law enforcement officials are required to always respect and obey the law, protect all persons from illegal conduct, preserve human dignity, and maintain and uphold the human rights of all.
In accordance with international norms and duties, the Federal Republic of Nigeria’s (as amended) constitution incorporates human rights protections to protect citizens’ rights. The Nigeria Police Force was also established by the constitution with the statutory duty of maintaining peace and order.
This duty, however, must adhere to best practises that reflect the principles of the rule of law and human rights compliance. Unfortunately, the general performance of Nigerian police leaves a lot to be desired. The force looks to be increasingly skilled at paramilitary operations, anti-democratic tendencies, and police power abuse.
Abuses such as arbitrary arrest, illegal detention, torture, cruel and degrading treatment, and extrajudicial killings are prevalent. Furthermore, democratic police characteristics such as the rule of law, accountability, responsive/representative policing, and respect for human rights are often absent.
The shortfall stems from lapses in the Police Act as well as inefficiency and ineffectiveness in the overall operation and execution of policing in general, which, when viewed critically, do not contribute to the creation of a police force that respects citizens’ rights as guaranteed by the constitution and other international human rights conventions that Nigeria has signed and ratified.
The effectiveness of the police is heavily reliant on public support, and that support is conditional on the public believing that the police are using their authority legitimately. As police are granted tremendous amounts of discretion, it is crucial that these systems be subjected to critical and ongoing review.
The issue of police brutality must be thoroughly investigated in order to ensure that law enforcement maintains its credibility while preserving popular support. This study will look at how young people in Nigeria perceive police violence, injustice, and the Endars protest.
objectives of the Study
The overall goal of the study is to evaluate police brutality and Nigerian democracy during Buhari’s presidency.
Other Purposes
To ascertain the extent of police violence under Buhari’s administration.
To investigate the sources of injustice among Nigerian police personnel under Buhari’s presidency.
To ascertain the impact of Endars’ protest on police brutality.
Research Questions
How bad is police brutality under Buhari’s administration?
What are the root reasons of injustice among Nigerian police personnel during Buhari’s presidency?
What impact has the Endars protest had on police brutality?
research hypothesis:
There is no substantial variation in the perceptions of police brutality and unfairness among youths in Buhari’s government.
H02: The Endars protest had no discernible influence on police brutality.
1.6 Significance of Research
The Nigerian police force is the major supplier of security in Nigeria; the force is tasked with preserving human lives and property; yet, the police system has been observed to depart from its fundamental obligations and tasks over the years. This research will provide documentation of police acts that resulted in police brutality, injustice, and the endsars protest.
This will offer policymakers with knowledge to make reforms in the police system in order to stop the existing unfairness and brutality meted out by the police to citizens.
This research will be used for scholarly purposes on the topic of police violence and will offer context to the debate surrounding the Endars protest.
1.7 Scope of The Study
The study will focus on police violence, police unfairness, and the endars protest during Buhari’s presidency.
The study would be limited to Oyo State youths.
1.8 Limitations of Study
Financial constraint- A lack of funds tends to restrict the researcher’s efficiency in locating relevant materials, literature, or information, as well as in the data collection procedure (internet, questionnaire, and interview).
Time constraint- The researcher will conduct this investigation alongside other academic activities. As a result, the amount of time spent on research will be reduced.
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