INTRODUCTION
The Nigerian Police Force constitutionally, is the only police force that may be established for the country, and it has vast responsibilities for maintenance of public order and safety of the citizens. Its duties also includes prevention of crime, investigation of crimes, arrest of offenders, and prosecution of offenders. In this unit we will examine these powers and responsibilities.Power of Arrest
The Police Officer is conferred with powers to arrest any person suspected to be committing, committed or about to commit a crime. The police officer in making an arrest has the power to touch or confine the body of the person to be arrested, unless there be a submission to the custody of the police by word or action. Unless the person actually show intention by action or any overt act to resist arrest or escape from arrest, the police officer need not touch or use physical force in effecting arrest. The person arrested shall not be hand cuffed, or otherwise bound or be subjected to unnecessary restraint except by order of court, a magistrate or justice of the peace or unless there is reasonable apprehension or violence or of an attempt to escape or unless the restraint is considered necessary for the safety of the person arrested. The police officer may effect an arrest without an order from a magistrate and without warrant of arrest in the following circumstances: -Where any person whom he suspect upon reasonable grounds of having committed an indictable offence against a Federal, State or any law unless the law creating the offence provides that the offender cannot be arrested without warrant. You may note that an indictable offence is one which on conviction may be punished by a term of imprisonment exceeding two years, or which on conviction may be punished by imposition of a fine exceeding four hundred naira only.
(S2 C.P.A as amended)
Where anybody commits any offence in the presence of a police officer.Anybody who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody.
Anybody suspected to be in possession of stolen property, or who may reasonably be suspected of having committed an offence in relation to the stolen property.
Any person who is suspected of being a deserter from the armed forces.
Any person reasonably suspected of having committed any offence outside Nigeria or outside the State which if committed in Nigeria would have been punishable as an offence in Nigeria.
Anybody having in his possession without excuse any implement of house breaking, firearm or any offensive or dangerous weapon.
Anybody the officer believes that a valid warrant of arrest has been issued by a court of competent jurisdiction.
Any person who has no ostensible means of subsistence and who cannot give a satisfactory account of himself and;
Any person found within the state taking precautions to hide himself in circumstances which afford reason to believe that he is taking such precautions with a view to committing an offence which is a felony or misdemeanor. You may note that a felony is an offence on conviction for which a person can, without proof of his having previously been convicted of an offence, be sentenced to death or to imprisonment for three years or more or which is declared by the law to be a felony. The police officers power of arrest of persons committing an offence in his presence is not restricted law notwithstanding that the law creating the offence provides that the offender cannot be arrested without a warrant. The police officer affecting an arrest must inform the person arrested of the cause of arrest unless the person is arrested in the course of the commission of a crime or is punished immediately after the commission of a crime, or escape from lawful custody. After an arrest has been lawfully affected, the person arrested must without delay be taken to the police station, and shall without delay be informed of the charge against him. Any such person while in custody shall be given reasonable facilities for obtaining legal advise, taking steps to furnish bail, and otherwise making arrangement for his defence or release.
Power to Grant Bail
Upon effecting an arrest, the next exercise of power by the police is to consider whether to release the arrested person on bail or not. This power many have thought is discretionary, and that the police officer may or may not release the person unless you are able to persuade him financially or otherwise. The law as stated both in the S17 of the Criminal procedure Act and S27 of the Police Act, does not give the police officer such discretion.We first look at the constitution of the Federal Republic of Nigeria. S36 (5) of the constitution clearly states that every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty. While S40 guarantees every citizen of Nigeria freedom of movement and a citizen’s movement cannot be restrained without any just cause. If this is accepted and understood, it means that after an arrest by the police officer you are entitled to be released otherwise referred to as bail.
Where the person has been taken into custody without a warrant for an offence other than an offence punishable with death, or an offence that appears to be very serious, the police officer, or senior police officer in the station, approve the release of the person on recognizance with or without
sureties for a reasonable amount to appear before a court at the time and place named in the recognizance, but where such person is retrained in custody he shall be brought before a court ,or justice of the peace having jurisdiction with respect to the offence. The suspect does not pay any money for a bail, what the law requires is that the suspect is either released on his own recognition or with a surety. You have a legal and constitutional right to be released on bail provided the offence alleged is not a capital offence, i.e. offence that attracts a capital punishment. This power is also liable to be abused. Please note, that, if it is practicable to bring him before a magistrates court within 24 hours of his being taken into custody the police are not obliged to grant bail, but if that is not practicable he must ‘inquire into the case and grant bail. In practice, the police may refuse bail to habitual offender, or persons with no reasonable place of abode or where the person is unable to produce a reliable surety.
Prosecution
Sections 174 and 211 of the constitution gives power to the Attorney – General of the Federation and States respectively the power to institute and undertake, take over and continue or discontinue criminal proceedings against any person before any court of law in Nigeria. The sole authority to institute or prosecute criminal cases is the Attorney – General. However, the law also permits the police officer to conduct in person all prosecution before any court whether or not the information is laid in his name. (see S 23 Police Act). Prosecution is simply to represent the Police or State to conduct a criminal trial, while the person who conducts the prosecution is referred to as the prosecutor. The person being tried or charged before the court is known as the accused person. When the police is satisfied that a suspect is guilty of an offence or a prima facie case is established against such a person or there is enough evidence against the person from their investigation. They proceed to prepare a charge against him. A charge is the paper detailing the offences committed by the accused person and is divided into counts. The count is the component of a charge, and a charge may comprise as may counts as possible depending on the number of offences committed by the accused person. You may have as many as two hundred counts in one charge and the prosecutor is expected to prove each count legally before he can secure a conviction against the accused person. While the accused person is also represented by a legal practitioner of his own choice.The law as we have seen allows any police officer to conduct in person all prosecutions before a court. The criminal prosecution is very technical endeavor and the crime must be proved beyond all reasonable doubt. The question is whether any police officer may be allowed to conduct such
technical trial? The police are actually true to the law they are not usually lawyers, they are also mostly not graduates, majority of police prosecutors in practice are not above the rank of sergeants. They are not trained in any way, they only learn on the job, they lack any basic knowledge in law, and so they are always losing most of the cases. Another problem with police prosecution is that the prosecutor is never involved in the investigation, and so do not have a first hand knowledge of the issues involved, and only takes a file without bothering to understand the facts of the case. And so in most cases are ignorant of the basic facts to present before the court. The law by not specifying the level of or minimum rank of a police prosecutor allows the Police to send any officer who may not even be interested in prosecutions as a formal duty, or change them at will without bothering about continuity of the trial in court.
The prosecutor’s duty may also include forwarding the case to the Ministry of Justice for legal advice. The truth is that if the legal advice is against the prosecution, in which case the charge must be withdrawn and struck out, and the accused person must be released and where the legal advicese has been sought, the matter cannot proceed until the receipt of such advice. In effect police prosecution is subject to the legal advice from the Justice department. Because of the glaring inadequacycies of the police, the complainants in the criminal matters may engage a legal practitioner to oversee, and assist the police officer prosecuting the matter; and such legal practitioner is allowed to announce his appearance in court, advice and assist the police prosecutor on serious legal questions that may arise during the trial.
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