CONCEPT OF LAW ENFORCEMENT

Law enforcement is any system by which some agents of government act in an organised manner to enforce
the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms
governing that society. Although the term encompasses entities such as courts and corrections, it is most
frequently applied to those who directly engage in patrols or surveillance to dissuade and discover criminal
activity, and those who investigate crimes and apprehend offenders a task typically carried out by the
police, the police is the first and foremost agent of the criminal justice system obliged to enforce law in
Nigeria. Although, there are other law enforcement organisations charged with specific law enforcements,
however some of them work in synergy with the Nigeria Police Force. For instance, in Nigeria, the Nigeria
Security and Civil Defense Corps (NSCDC) are charge with safe guiding and protecting oil pipelines, electric
cables, power stations against vandals and criminals. Most of the time, when NSCDC apprehend any vandal or
criminal, they hand them over to the Nigeria Police for prosecution.; similarly, Economic and Financial Crime
Commission (EFCC) arrests and prosecute offenders charged with money laundering and coordinates various
institutions involved in the fight against money laundering and
enforcement of all laws dealing with economic and financial crimes in Nigeria; the National Drug Law
Enforcement Agency are in charge of drug law enforcement in Nigeria. Although law enforcement may be
most concerned with the prevention and punishment of crimes, organisations exist to discourage a wide
variety of non-criminal violations of rules and norms, effected through the imposition of less severe
consequences.
Historical Background to Law Enforcement
Law enforcement can be traced back to the cave dwellers, who were expected to follow certain rules or
face banishment or death. The customs depicted in early cave-dwelling drawings may represent the beginning
of law enforcement. The prehistoric social order consisted of small family groups living together as tribes or
clans. Group living gave rise to customs everyone was expected to observe. The tribe’s chief had executive,
legislative and judicial powers and often appointed tribe members to perform special tasks, such as serving
as a bodyguard or enforcing edicts. Crimes committed against individuals were handled by the victim or the
victim’s family. The philosophy of justice was retaliatory, that is it aimed at punishing the offender. A
person who stole the game from a neighbour’s traps could expect to pay for the crime by being thrown into
a pot of boiling or a cage of wild beasts. Other common punishments for serious offences were flaying. A
system of law and law enforcement began earlier than 2000 B.C as a means to control human conduct and
enforce society’s rules. Keeping the peace was the responsibility of the group. The earliest record of ancient
people’s needs to standardise rules and methods of enforcement to control human behaviour dates back to
approximately 2300 B.C., when the Sumerian rulers Lipitshtar and Eshumma set standards on what
constituted an offence against society. A hundred years later, the
Babylonian King Hammurabi established rules for his Kingdom that designated not only offenses but
punishment as well. Although the penalties prescribed were often barbaric by today’s standards, the
relationship between the crime and the punishment is of interest, most of the offences attracted capital
punishment.
The first accounts of a developing court system came from Egypt in approximately 1500 B.C. in Egypt, public
officers performed police functions. Their weapon and symbol of authority was a staff topped by a metal
knob engraved with the King’s name. The baton carried by the modern police officer may have its origin in
that staff. The Greeks had an impressive form of law enforcement called the ephori. Each year at Sparta a
body of five ephors was elected and given
almost unlimited powers as investigation, judge, jury and executioner. These five men also presided over the
Senate and Assembly, assuring that their rules and decrees were followed. Like the Greeks, the Romans had
a highly developed system to administer justice. The Twelve Tables were the first written laws of the Roman
Empire. Drawn up by 10 of the wisest men in Rome in 451 and 450 B.C., the Twelve Tables were fastened to
the speakers’ stand in the Roman Forum. The tablets dealt with legal procedure, property ownership, building
codes, marriage customs and punishment for crimes. At about the time of Christ, the Roman emperor
Augustus chose members from his military to form the Praetorian Guard to protect the palace and the Urban
Cohort to patrol the city. Augustu also established the Vigiles of Rome. Initially assigned as fire fighters, they
were
eventually given law enforcement responsibilities. As the first civilian police force, the Vigiles sometimes kept
the peace very ruthlessly. The word vigils derive these vigils.
Early Law Enforcement in Nigeria
Early law enforcement in Nigeria especially as it concerns informal social control has been from the earliest
stage of development in Nigeria. In the traditional Nigeria societies fines and compensation was imposed on
offenders, usually in forms of compensation to the victims and at times as ransom to the entire society.
This was essentially facilitated by the fact that social control and behaviour were tied to an individual’s
sense of reciprocity with the group to which he belonged. In this regard, groups were largely responsible for
enforcing restitution orders against offenders in favour of victims. Moreover, the masquerade institutions
played a prominent role in law enforcement in the Nigerian traditional societies. Members of the masquerade
institution would appear masked often at night in the role of the supernatural beings and would denounce
and attack offenders. In the process, personal identity of the animator of the masquerade is hidden,
suppressed and strictly guarded as a secret. The hidden identity of members of the masquerade
institutions provided a formidable platform for enforcing criminal laws in traditional societies. In fact, in
some traditional communities, masquerade was used to execute dangerous criminals and to enforce difficult
criminal laws such as compelling recalcitrant offenders into exile. Moreover, masquerade institutions were
also used as a socialisation agent. In most cases, the application of this method succeeds where the cane
failed. Such institutions were useful for disciplining deviant
children and women by frightening them and by instilling good behaviour, conduct, obedience and
truthfulness in them.
Similarly, in Hausa traditional communities, the royal warders in ruler’s palace enforced laws for instance,
Makama was in charge of arrest, and Doka in charge of execution. Some of the offenders were confined in
a community confinement in a pre-colonial society and the offenders were usually sent underground in a
large pit set deep in the floor of a stoutly walled room. A prisoner sent to the pit would remain there unless
his kinsmen could compensate for the offense.
Similarly, oral evidence also abounds to suggest that among the Igbo of South eastern Nigeria, the houses of
chiefs had reserved rooms where offenders were summarily confined and from where they were often
sold into slavery.
Law enforcement agencies tend to or limited to operating within a specified jurisdiction in some area.
Jurisdiction may overlap in between agencies or organisation, for example in the united states, each state
has its own state wide law enforcement agencies but the federal bureau of investigation (FBI) is able to act
against certain types of crime in any state. Several specialized agencies may have their own internal law
enforcement arrangement.
While the ultimate goals of law enforcement remain the same:
1. To protect the public;
2. To solve,
3. Deter and
4. Respond to criminal acts; and
5. To enforce the law in a responsible and constitutional manner,
CONTEMPORARY LAW ENFORCEMENT
According the Law Enforcement Code of Ethics “As a law enforcement officer, my fundamental duty is to
serve the community; to safeguard lives and property; to protect the innocent against deception, the
weakagainst oppression or intimidation and the peaceful against violence or disorder; and to respect the
constitutional rights of all to liberty, equality and justice. This unit begins with why we have police and how
police agencies relate with the people. Next is discussion of what two major concerns must be balanced by
law enforcement, followed by how officers receive their information for law enforcement and what types
of records are typically used in law enforcement, followed by the importance of centralisation of records
and the basic styles of policing we have in law enforcements.
Five Basic Contemporary Goals most Law Enforcement Agencies Set
Law enforcement agents’ goals may differ from clime to clime and from one jurisdiction to another,
however, there are five basic contemporary goals that every law enforcement irrespective of the
jurisdiction must have to achieve. Below are five basic goals of most police agencies:
1. Enforce laws
2. Preserve peace
3. Prevent crimes
4. Protect civil rights and civil liberties
5. Provide services
These goals often overlap most of the times. For example, a police officer intervening in a fight between a
driver and a National Union of Road Transport Workers (NURTW) taskforce may not only enforce a law by
arresting a suspect for assault, he may also maintain order, prevent other members of NURTW from
engaging in the fight or prevent other drivers from engaging in the fight. He is also required to protect
the civil rights and civil liberties of the suspect, the victim and the bystanders and provide emergency
service to an injured victim. It is obvious to note that success or failure in meeting each goal directly
affects the success or failure of fulfilling other goals. Although five goals normally established by police are
listen, in reality, policing is a single role comprised of numerous responsibilities. In addition, any discussion of
goals in law enforcement must consider the vast differences between small and large agencies, as well as
between rural, suburban and urban departments. Small agencies, frequently located in the rural or suburban
areas, often have much less specialisation, have a closer relationship to the citizens being served and may
have less diversity among those citizens, as well as within the agency. Large agencies, frequently located in
urban areas, are likely to have more specialisation, a more distant relationship to the citizens being served
and much greater diversity among those citizens.
What Two Concerns must be Balanced by Law Enforcement?
Law enforcement officers’ departments are organised into two basic units: field services and
administrative services. Task and personnel are assigned to one or the other.
Field Service: This unit is also called operations or line services. Law enforcements officers in the filed or
operations ensure crime of any nature is prevented and detected. The main duty of the field law
enforcement officer is to combat crime and they are always proactive in their services. One of the primary
duties of the law enforcement officer in the field is to arrest offenders. This strategy is reactive, as is
reactive, as we will identify in other units that ordinarily, it is expected that whoever commits an offence is
liable and could be arrested by the police and charged to court. It includes patrol, traffic, community service,
investigation, anti-robbery, marine. More specifically, field officers investigates a burglary, arrest a car
thief, testify in courts, serve a warrant, breaking up a fight, holding back a crowd at sports events,
intervening in a domestic dispute before it gets violent, escorting, investigating a missing child, arresting
kidnappers, countering armed robbery operations and arresting the armed robbery, seize illegal weapons,
apprehend fleeing suspect, stop and search, carrying out strategic raiding, identifying and manning
flashpoints or black spots Traditionally, police departments have been generalists. That is most of their
personnel is assigned to patrol, and each officer is responsible for providing basic law enforcement services
of all types to a specified geographic area. General patrol has been and is the backbone of police work in
smaller in departments. In sum, law enforcement field service includes patrol, traffic, community service,
crime prevention and detection, investigation and intelligence gathering.
Administrative service: Administrative services include communications and records, recruitment and
training and provision of special facilities and services. Administrative services two areas that most directly
the efficient provision of field services is communications and records. To properly serve the community,
police officers must be kept currently and completely informed. The must know where and how much of
each type of crime occurs. They also have to know what services are needed.
One of the most important functions of the administrative division in its support of the other units is
keeping members informed of daily police operations and police operations and providing administrative
instructions, special assignments and tasks to be performed. This is usually done at a roll call session before
the officers on the next shift “hit the street.” Up-to-date information is usually provided in a daily circular
or written on the notice board as the case maybe which contains brief summaries of what has transpired in
the previous 24hours. Officers are given a synopsis of each complaint received and acted on, as well as
descriptions of missing and/or wanted persons, stolen personal property and stolen autos.
The information provided at roll call is continuously updated by radio or cell phone. Data are available to
officers in patrol cars or carrying portable radios or cellular phones. The introduction of the small, hand
carried police radio, cellular phone and beeper have extended the communications system so that officers on
the foot (field service) may be reached to assist mobile patrol units and vice versa. This immediate
communication has improved law enforcement officers’ safety and provided better allocation of resources.
Radio transmission dependability has improved steadily over the years and has resulted in a great reduction
in response time to calls for service or reported criminal activities.
Communication is the lifeline of the police department. The police dispatcher receives all citizens’ requests
for police service. In some instances, the calls come directly to the dispatcher, who must act upon them and
determine their priority. Some agencies have telephone operators screen the calls before giving them to the
dispatcher to segregate informational calls from service calls. Dispatchers are responsible for knowing what
patrol vehicles are ready for assignment and dispatching them to requests for service. They may also have
some records responsibilities, for example making out the original incident complaint report containing the
time the call was received, the time patrol was dispatched, dispatchers handle walk-in complaints. Some may
also monitor jails through a closed-circuit television hookup. Such a system exists in many smaller and medium
-sized departments.
In urban centres and metropolises especially in police state headquarters, are commands, divisional
headquarters, in Nigeria, several dispatchers handle incoming calls and assign priority according to
seriousness and availability of officers to respond. Police division in urban centres may also have direct and
complete integration of police radio with regular telephone service. In this system any call to the police
emergency number is automatically channeled to the dispatcher, who controls squad cars assigned to the
area from which the caller is telephoning.
Many cities in Nigeria have the 112 or 199 system. A person who wishes to phone the police dials 199, and a
central dispatching office receives the call directly. The eventual is to have 199 as the emergency number
for police service in all Nigeria cities. Some systems facilities officers’ report writing. Laptops have a word
processing programme officers can use to write their reports and send them directly to their departments,
saving time and improving accuracy. Although computers make report writing easier, a computer cannot
compose logical sentences or avoid conclusionary language. Although, most police stations in Nigeria lack
computerised systems or laptops, reports are still been hand written manually.
Law Enforcement Agencies in Nigeria

 Nigeria police force

 National Agency for food and Drug Administration Control (NAFDAC)

 National Agency for Prohibition of Traffick in Person (NAPTIP)

 National Drug Law Enforcement Agency (NDLEA)

 Nigeria Custom Service

 Federal Road Safety Corp

 Nigeria Immigration Service

 Nigeria Security and Civil Defence Corp (NSCDC)

 Nigeria Correctional Service (Previously known as the Nigeria Prison Service)

1. THE NIGERIA POLICE FORCE

This is the most prominent law enforcement agency in Nigeria and also the the law enforcement agency that
has the most contact with the public due to the nature of their constitutional duties. The Nigeria police
force also make use of discretion in the course of carrying out their constitutional duties to the public. The
police makes use of discretion to determine who to arrest, where to arrest, when to arrest and how to
arrest offender.

COMMAND (AUTHORITY) STRUCTURE OF THE NIGERIA POLICE FORCE.

The Command structure, also referred to as authority structure, of the Police Force is predicted on the
regimental nature of the Force and conducted along the Force badges of ranks. Thus, in accordance with
section 215(2) of the 1999 Constitution, section 6 of the Police Act, 1990 laws provide that “the Force shall be
commanded by the Inspector-General of Police”. This simply means that orders, directives and instructions to
perform or carry out the duties with which the Police is carried, flows from the Inspector-General of Police,
through the chain of Command, to any Officer positioned to implement such order. Disobedience or failure
to carry out such instruction, directive or order, attract punitive sanctions.

According to Section 7 (1) of the Police Act, the next in the line to the Inspector General of Police, is the
Deputy Inspector General of Police. Though this rank is not specially mentioned in the Constitution, it has
legal backing, because the Police Act is a law made by the National Assembly in accordance with the
constitution. According to section 7(1) of the Police Act, the Deputy Inspector General of Police is the second
in Command of the Force and shall so act for him in the Inspector-General’s absence. Section 5 of the Act
makes room for as many DIGs as the Nigeria Police Council considers appropriate. Every other rank below the
IG, takes order of Command from him, in the performance of their lawful duties.

The Office of the Assistant Inspector-General of Police is provided for by section 5 and 8 of the Police Act.
He shall act for the Inspector-General of Police in the event of the absence of the Inspector-General of
Police and Deputy Inspector-General of Police. Section 5 of the Police Act, in accordance with the provisions
of section 215 (2), of the Nigeria Constitution, provides for the Office and rank of a Commissioner of Police
who shall be in Control of contingents of the Police Force stationed in a State. He is subject however, to the
command of the Inspector-General of Police or who-so-ever acts for him, in his absence.

Every other rank in the Force is legally provided for by section 5 of the Police Act. The Command structure
of the Nigeria Police can be presented in order of hierarchy as in the chain hereunder.

SIR ROBERT PEEL NINE PRINCIPLES OF EFFECTIVE POLICING.

They are as follows:
1. Prevent crime and disorder, as an alternative to military repression and severity of legal punishment;
2. Recognise that the power of the police to fulfil their functions and duties is dependent on public
approval of their existence, actions and behaviour;
3. Recognise always that to secure and maintain the respect and approval of the populace in the task of
their deliverance of laws;
4. Recognise always that the extent to which the co-operation of the public can be secured diminishes
proportionally with the necessity of the use of physical force and compulsion for achieving police objectives;
5. Seek and preserve public favour, not by pandering to public opinion, but by constantly demonstrating
absolutely impartial service to law;
6. Use physical force only when excessive persuasion, advice and warning are found to be insufficient to
obtain public cooperation;
7. Maintain at all times a relationship with the public that gives reality to the historic tradition that the police
are the public and that the public are the police;
8. Recognise always the need for strict adherence to police executive functions and to refrain from
seemingly to usurping the powers of the judiciary or avenging individuals of the state; and
9. Recognise always that the test of police efficiency is the absence of crime and disorder, and not the
visible evidence of police action in dealing with them.
Nigeria Police and Law enforcement: An Overview
The police are the biggest most visible and important system of the criminal justice system. The police
provide the entry point into the Criminal Justice System either through crime reports from the public or its
own discovery. Hence, there is no law enforcement in the entire criminal justice system without the police.
The police organisation is the main public institution which provides regular direct contact with the public, a
situation that makes it unique from the other components of the criminal justice system. The uniqueness of
the police borders on the fact that the decision of the policeman on the street is as important as the
existence of the criminal justice system and law enforcement. The policeman is the ‘gatekeeper’ of the
criminal justice system as he decides who goes into the system and his decision has wider implication for the
other system components. The policeman lubricates the system through the arrest of suspects who are
essentially the inputs into the criminal justice system. He is the custodian of law enforcement as far as the
criminal justice system is concerned.
The 1999 Nigerian Constitution provides for the establishment of the Nigerian Police Force under section 214.
It provides that there shall be a Police Force, and subject to the provisions of the constitution, no other
police force shall be established for the country. Section 214 clearly states that:
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 constitutional the Nigeria Police Force shall be organised 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 Force shall have such powers and duties as may be conferred upon them
by law. In line with the provisions of the constitution, powers and duties were conferred on the Police by the
enactment of the Police Act (Cap 359) Laws of the Federation of Nigeria which empowers the Police among
other things with the duties of:
1. Prevention and detection of crime;
2. The preservation of law and order;
3. Apprehension and prosecution of offenders
4. Enforcement of all laws
5. Performance of military duties within or outside Nigeria as may be required by them or under the
authority of the act or any other act and
6. Protection of life and property.
Patterns of Law Enforcement Employed by the Nigeria Police
 1. Beat Patrols
A beat is the area which a particular constable or group of constables is detailed to patrol during a single
tour of duty. It may be a precinct in a city or town embarrassing as small as a couple of streets, roads, or
as large as a kilometer radius, depending on the density of the population, the known rate of crimes, the
economic or administrative importance of the establishment or building in the area. In the rural areas, it may
be a collection of villages or hamlets or a stretch of kilometers of our national borders. Depending on the
size, nature and extent of the beat to be covered the concerned police officer may go on foot, bicycles,
horse backs, or vehicles, and where necessary with the assistance of police trained dogs. The primary object
of the beat patrol system is to disperse policemen in a way that will possibly eliminate or reduce the
opportunity for misconduct and to increase the likelihood that an offender will be apprehended while he is
committing an offence or immediately thereafter. The strong likelihood of immediate apprehension, no doubt,
has a strong deterrent effect on potential offenders.
The beat system offers a close circuit monitoring system of the entire area covered by the concerned police
officer and provides a good, reliable and firsthand information and data on the criminal activities in the
area. Where this practice is pursued vigorously, crime rate is bound to reduce drastically as potential crimes
are detected early and prevented before maturing into full-blown offence. The system affords the police
officer concerned, who is well attuned to his beats, to be able to spot quickly and easily any new-face in the
area. It also engenders close affinity,
respect and trust between the police institution/officer and members of the community within the beat
precinct giving members of the community a sense of participation in crime prevention. This goes a long way
at assisting the police at nipping commission of crime in the bud. The beat system also acts as a gag on
potential offenders as the fear of being apprehended or discovered before the commission of the crime
may deter him from further prosecution of the offence. Another advantage of this system is that it
breads efficient police organisation as each officer is given specific beat duty and as such, individual
performance of the concerned officer can be easily and efficiently ascertained and measured with
corresponding rewards and reproach. On the long run the beat system becomes the cheapest crime
prevention and management option as most crime would have been nipped in the bud and the attendant cost
of prosecution, and incarceration would be avoided. A corollary of the beat system was the moribund policy
of posting DPO to their locality. The policy as constituted was laudable but it was killed by the hydra headed
“Nigerian factor” in our body polity. The policy would have gone a long way at assisting the police in their
crime prevention duties and stem the tide of official corruption in the institution. Police officer working
within his locality is more likely to know the dark spots in the area and probably the criminals and potential
criminals in his neighbourhood. As a “local” he will be circumspect at collecting bribes from members of the
community as victims can easily trace his roots in the community and thus become stigmatised. In as much as
this system is cheap on the long run and desirable in its import, it will not work well in an environment of
distrust, ethnic bias, nepotism and corruption. The system will also fail except and unless there is adequate
logistic and institutional support both from the government and the private sector in the state. Since the
system rests strongly on prompt, efficient and effective communication network, it may fail where there is
no support system like good roads reliable communication system and efficient energy backup. Also, the initial
capital outlay for the implementation of the system nationally may be outlandish. In spite of this however, you
will also agree with me that crime detection and prevention task has improved since the introduction of GSM
phones in the country.
2. Anti-Vice Squads
This is a surveillance squad operating in disguise and carrying out intelligent surveillance of areas that one
potentially breeding ground for various vices such as gambling, prostitution, rioting etc. They operate at
large gatherings, public places, and motor parks etc. where theft and affray have been found to be
rampant. The objective of the squad is to gather information and provide proactive measures to prevent
the commission of crime and where that fails, to at least immediately apprehend the criminals at the point
of commission of the offence. This measure has been used at various times, with varying degrees of success,
by the police authorities to carry out raids on these breeding places of crime. Such raids have led a times to
arrest and prosecution of drug users and peddlers, arms dealers and robbers etc. Through the system is
good as a measure of crime prevention, its use over a long period of time is doubted. Not only is it expensive
to run on a long-time basis but it also imparts negatively on the public image posture of the police; for it
implies a fire brigade approach to crime prevention and management. The system can also be easily abused
by overzealous police officer.
3. Stop Detain and Search
By virtue of the powers conferred by the provision of section 25 of the police Act, a police officer on beat
is expected to be vigilant and on his suspicion being aroused, entitled to stop, detain and search any person
whom he reasonably suspects of having in his possession or conveying
in, any manner anything he has reason to believe has been stolen or unlawfully obtained or with reference
to which an offence has been committed. In the words of Tinubu this mechanism, when sedulously employed in
a police jurisdiction, yields tremendous results for detecting offences, as much as preventing them.
4. Special Escorts
Armed policemen guarding large sum of money, valuables or explosives in transit. This is a service rendered
free of charge to governmental and quasi-governmental agencies, but on payment of fees, to private
organisations and individuals.
5. Static Guards
Adopted in advance world and partially in Nigeria during the colonial era and the first republic. Through this
model police guards are provided at public institutions and places to check ingress and exist of customers
and clients etc. and prevent crimes is relation to such establishments. It is true that this crime prevention
method has been overshadowed with the developments of close circuit monitors, it is still however been used
with respect to public institutions and installations. The recent experience of guarding NNPC installations by
arms guards readily comes to mind.
6. National (Internal) Security
The police in collaboration with the relevant state security agencies also provide surveillance network on the
activities of persons considered security risks in order to prevent sabotage and subversion of the nation
and its established institutions.
7. Regulating Assemblies, Processions Etc.
The police are empowered to prevent likely breach of the peace and contain any tendency towards inciting
and provocative acts etc. by persons initially gathered for a lawful purpose, or such acts by others towards
a lawful gathering and or possession. Though there is no definition of the phrase “breach of the peace” in
our criminal legislation, yet the phrase forms a constituent part of several offences. It is provided, for
instance that it is on offence when three or more persons, with intent
to carry out some common purpose, assemble in such a manner or being assembled, conduct themselves in
such a manner as to cause persons in the neighbourhood to fear on reasonable grounds that the persons so
assembled will tumultuously disturb the peace or will be such assembly needlessly and without any reasonable
occasion provoke other persons tumultuously to disturb the peace. This type of offence which generates a
breach of peace called unlawful assembly and is punishable as a misdemeanor. Where the persons unlawfully
assembled legion to act riotously in a manner as to disturb the peace it is treated as a felony. In this aspect
of preventive justice two important issues always confront the police in the exercise of their preventive
powers. The first is in respect of the type of behaviour which qualities as a phenomenon that causes or
likely to cause a breach of the peace. And the second is whether a breach of the peace or a conduct likely
to generate it can occur in a public as well as in a private place. With respect to the first issue the judicial
and academic approach is that the behaviour in question is not confined to criminal acts or conducts but
could also include such other wrongful acts. On the second issue the consensus of opinion and statutory
authorities is that such conduct that causes or likely to cause the breach of the peace is not confined to
public places alone as such acts could also occur or be carried out in private places.
8. The Supervisee System
This system enables the police to keep an eye on the movement and activities of criminals who, on conviction,
are sentenced to police supervision. The term of the order of supervision couple the supervisee to report to
the police in his area of residence once a month (when he may be questioned as to his activities etc. during
the past month), from one police jurisdiction to another and other such change to continue to report
monthly to the police of his new residence. Whilst in a particular area, he may not change his address
without prior intimation of the police in his area. This police powers which is hardly put to use could serve as
a veritable mechanism for crime prevention and detection.
POWERS OF THE POLICE AMIDST LAW ENFORCEMENT
a. Power to Prevent Crime
The law made ample provision for the role of Police in prevention of crime within their jurisdiction. Section
53 of the Criminal Procedure Act (CPA) provides thus:
(1) Every Police Officer may interpose for the purpose of preventing, and shall to be best of his ability,
prevent the commission of any offence.
(2) A Police officer may of his own authority interpose to prevent any injury attempted to be committed in
his view to any public property, movable or immovable, or the removal of or injury to any public landmark or
buoy or other mark used for investigation. The law thus allows all Police officers, irrespective of rank or
position, to intervene and prevent crime within their jurisdiction. This power may be exercised independently
by any Police Officer and need not follow any protocol or order from a superior authority or officer.
However, where the Police Officers receives information that there is a plot or plan to commit a crime within
the jurisdiction, he is enjoined to report to a superior Police Officer or any other Officer whose duty is to
prevent or take cognizance of the commission of the offence. The law recognises that there are branches
and divisions within the Police formation where it is the duty of a Police Officer who receives the
information or complaint for instance, that a crime was being committed or about be committed, to forward
it to the appropriate Officer who will be able to take charge of the situation. Where the Police Officer who
receives the information is the appropriate person to take action, it is expected of him to take immediate
action to prevent the crime. The way and manner in which an arrested is affected may depend on the case.
Where the police is intervening to prevent a crime from being committed, an arrest could be made without a
warrant of arrest from the Magistrate Court or, if it appears that it might not be possible to prevent the
crime, the Police Office does not need any further authority or order to intervene to prevent any injury or
destruction of public property, whether such property is movable or immovable. But, of course, this can only
be done where the attempt to commit the crime was being made in the presence of the Police Officer.
The power to prevent the commission of crimes may also require judicial intervention. In some cases, the
Police or some other person may swear on an oath that someone is likely to commit a breach of the peace or
to disturb the public tranquility, or do any wrongful act that may probably occasion a breach of the peace or
a disturbance of public tranquility. The Magistrate may thereafter, if satisfied as to the allegation, order
that the person show cause why he should not be ordered to enter into recognizance with or without
sureties to keep the peace for a fixed period. Where it is established that a person is a habitual offender
the police may swear to an oath to that effect and then bring such a person before a Magistrate Court. The
Magistrate may require that such a person show cause why he should not be ordered to enter into
recognizance, with sureties, for good behaviour for a period not exceeding one year.
The provisions of Section 35 and 37 of the CPA may be employed not only by Police officers but also by other
persons especially if they are resident within the locality. Prevention of crime involves intelligence gathering
and the use of technology. It also needs much collaborative efforts by all. The security agencies as well as
the general public supplying needed information. The telephone numbers of the Police within a particular
locality must be advertised and consciously placed where members of the public may easily access them, for
example in market places, supermarkets, street corners and also through banners. There must be competent
Police personnel to receive calls and forward the information to the appropriate or designated authorities
who must be equipped enough to take immediate steps.
What all this means is that the Police must develop a comprehensive data on habitual offenders which they
must circulate and update from time to time. This will ensure that habitual offenders moving from one
locality to another are quickly identified and take before the appropriate Magistrate Court to be bound over
to keep the peace. The police may also employ the provisions of Section 35 and 37 of the CPA for this
purpose. Happily, times have changed. In the not too distant past, people were afraid to give valuable
information to the Police because the Police themselves could not be trusted. Many a time, the police officer
who receives information from an information might pass information about the information to the
suspected criminal thereby endangering the life of the informant. Although, more still needs to be done.
Public Perception of the Nigerian Police and Its Implication on Law Enforcement will be discussed in
subsequent unit.
b. Power to Receive Complaints from Members of the Public
Any member of the general public may make a complaint to the Police against any other person alleging that
the other person is about to commit or is committing or has committed an offence. The complaint may be
made orally and not necessarily written or an oath except where there is an enactment, that makes it
mandatory that the complaint must be in writing. The appropriate officer who receives complaint from the
members of the public in the Police station is the Charge Room Officer.
The Charge Room Officer receives members of the public who intend to lodge complaints to the Police Station,
he attends to them courteously, patiently listens to their complaints. He may conclude as to the nature of
the complaint. Where the complaint is not a criminal matter, he may
courteously explain the position; or where the complaint is not a criminal matter, he may courteously explain
the position; or where the complaint do not fall within the territorial jurisdiction of the police station, he
may advise the complainants as to the proper place to go.
After noting the nature and details of the complaint, he will direct the Station writer (who usually works
closely with the Charge Room Officer) to enter in concise language, into the Station Crime and Incidents
Diary in his own handwriting a record of complaints refused on the ground that they will not serve any
useful purpose. He must also refer it to the Station Officer where the complaint is made against the Police.
All other complaints must be immediately forwarded to the Station Crime Duties Officer. Who in turn assigns
the complaint t an officer usually called the Investigating Police Officer (IPO). The IPO will investigate, take
statement of the complaint, and any suspect arrested as well as any witness after the matter is reported
to the Divisional Police Officer (DPO) for further directives.
c. Power of Arrest
The police Officer is conferred with powers to arrest any person suspected to be committing, or to have
committed or about to commit, a crime. The police acts by virtue of Section 4 of the Police Act. A cardinal
duty of the police is the prevention and detection of crime and the apprehension of the offender. In the
exercise of their duties to prevent crime, the Police have inherent powers to investigate any complaint that
they received from the general public or any other information that they may receive from any other
source and carry out proper investigation with all facilities and resources at their disposal and ensure that
crime is prevented. In this respect they may exercise their powers of arrest and detention of persons
suspected to have committed the offence for possible prosecution. The police right to receive complaints
from the public and the power of arrest and detention and the treatment of persons in their detention
centre.
In making an arrest, the Police officer shall actually touch or confine the body of the person to be arrested
unless there is a submission to the custody by word or action. In effecting arrest, the Police Officer must
refrain from the use of handcuffs or from subjecting the person to be arrested to unnecessary restraint
except by order of court or Justice of the Peace unless there is reasonable apprehension of violence or of
an attempt to escape or unless the restraint is considered necessary for the safety of the person
arrested.
Upon actually confining the person arrested or coming in contact with him and after identifying himself as
a Police Officer and pronouncing that the person is being arrested. This may be dispensed with if the
person is being arrested while committing the offence or immediately afterwards, or escape from custody
the Police officer effecting the arrest is at liberty to search the arrested person if he suspect him to be
in possession of weapons, stolen articles, instruments of violence or poisonous substance, or tools connected
with the kind of offence which he is alleged to have committed or other articles which may furnish evidence
against him in regard to the offence which is alleged to have committed. Arrested will be examined fully in
another unit.
d. Investigative Powers
The Nigeria Police is legally empowered to carry out investigations. Upon the receipt of a complaint and
assignment to the Investigating Police Officer, the IPO will thereafter start investigation into the allegation.
This may entail taking down statement of the complaint, witnesses and the arrested suspect. Before a
matter is charged to the court, it is the responsibility of the Police to carry out a thorough and detailed
investigation in order to ascertain the truth, which must be proved with credible evidence that is beyond
reasonable doubt when presented in court or strong enough to get a conviction”.
While it is a paramount duty of the Police to investigate all allegation of crime, it is however at their
discretion or liberty to investigate any allegation of commission of an offence made by any person. Police
discretion within law enforcement will be discussed fully in the next unit. It must be emphasised that it is in
fact the duty of the Police to investigate all allegations of commission of crime. Essentially, the law
enforcement officer shall be concerned equally in the prosecution of the wrong-doer and the defense of
the innocent. He shall ascertain what constitutes evidence and shall present such evidence impartially and
without malice. In so doing, he will ignore social, political, and all other distinctions among the persons involved,
strengthening the tradition of the reliability and integrity of an officer’s word. The law enforcement
officer shall take special pains to increase his perception and skill of observation, mindful that in many
situations his is the sole impartial testimony to the facts of a case.
e. Powers of Prosecution
The Nigeria Police Force is also empowered by law to prosecute. Prosecute is simply the power and the legal
authority to represent the State or Police to conduct criminal trial before a competent court. The person or
authority who conducts the prosecution is referred to as the prosecutor and the person being tried or
charged before the court is referred to as the accused person or the defendant. When the Police is
satisfied that a suspect is guilty of an offence or that a prima facie case is established against such a
person or there is enough evidence against the person based on the investigation they have conducted, they
will proceed to prepare a charge against the suspect. A charge is a document filed in court detailing the
offences committed by the accused person. It may be divided into several counts. Section 152 of the Criminal
Procedure Act provides thus,
(1) the charge shall contain such particulars as to the crime, and place of the offence and the prison, if any
against whom or the thing, if any, in respect of which it was committed as are reasonably sufficient to give
the accused notice of the matter with which he is charged. The charges filed in the magistrate courts are
drafted by the police where the offence was investigated and signed by a Senior Police Officer. The
essential components of a good charge:
(1) the time when the offence was committed;
(2) the place where the offence was committed;
(3) the offence that was committed. The offence must be known to law, therefore the Section of the
Criminal Code or Penal Code, or any other law under which the offence was committed must be clearly
stated in the charge;
(4) the person who is alleged to have committed the offence must be clearly stated by his names and other
names by which he is known;
(5) the names of the complainant or the person against whom the offence was committed;
(6) nature of the offence must be stated in such a way as to give the accused person sufficient notice of
the matter with which he is being charged;
(7) the charge must also contain the particulars of the manner, or form in which the offence was
committed
(8) the charge must follow the words of the provisions of the law under which the charge is laid. It follows
that the details of the offence should be given in a concise manner.
f. Powers to Release on Bail
Any person arrested by the Police whether with or without a warrant of arrest, must be taken to a Police
Station within a reasonable time, or as soon as possible. The operative word is “within all reasonable dispatch”.
This is important, the suspect arrested by the Police must not be taken to a private home, hotel or any other
place. In fact, the suspect must not be diverted to any other building even within the premises of the Police
Station. In some cases, even if the suspect is taken into the Police Station the arrest is not formally
recorded in the diary of the Police Station. Such an arrest and detention, having not been formally and
properly treated according to the law and procedure of the Police in the treatment of arrested persons is
unlawful and illegal.
Again, the suspect must be informed of the offence for which he is being arrested and informed if the
police intend to detain him in the Police Station. He is then afforded the opportunity of calling his Solicitor
and family members to inform them of his detention at the Station. It is not legally allowed for the Police
after effecting arrest and detaining a suspect to also deny him access his Solicitors and family members.
The right step is to release him on bail. In some cases, the Police will prefer to continue to detain the
suspect without releasing him on bail immediately for various flimsy excuses. What is the position of the law
as to why, when and how the Police should release a suspect without releasing him on bail immediately for
various flimsy excuses? What is the position of the law as to why, when and how the Police should release a
suspect on bail?
g. Power to Release Suspects Unconditionally
Where the Police discover at the end of their investigation that the suspect did not commit any offence,
the appropriate step to take is not to grant bail but to release unconditionally. The practice of releasing
every suspect on bail when in the fact the Police have concluded that he is not guilty of any crime or when
the Police have concluded not to file any charge against the suspect is irregular and not supported by law.
The police ought not to arraign a suspect after discovering that the has not committed any offence but
quite often they have done so simply because they want to please the complainant or they want the suspect
to go and prove his innocence in court and nothing more. This type of prosecution has unnecessarily
compounded largely the congestion of cases before the court. It has led also to congestion of the prisons
and increased the number of persons awaiting trials. This is also brought about because the prosecutors
having no evidence upon which to prosecute continues to ask for adjournments while the accused person
continues to be remanded in prison custody.
2. ECONOMIC AND FINANCIAL CRIME COMMISSION (EFCC)
The Economic and Financial Crime Commission (EFCC) was established in 2002 by an Act of the National Assembly
which was amended in 2004. The creation of the Commission was borne out of the determination of the
Federal Government to sanitise the Nigerian economic environment and to enforce all economic and financial
crime law.
Prior to the establishment of the, Economic and Financial Crime Commission (EFCC), Economic and Financial
Crimes constituted a great challenge to the Nigeria economy and its image profile. For more than a decade,
perpetrators of Economic and Financial Crimes, Fraudulent activities, economic mismanagement, corruption,
lack of accountability and transparency have been the bane of the economy.
The administration of President Olusegun Obasanjo has therefore demonstrated a strong political will to
fight economic and financial crimes by instituting several reforms to revitalise the economy and reposition
the country to the path of sustainable development. One of such measure is the establishment of EFCC as
the financial watchdog of the business environment, with the mandate to sanitise the system. The EFCC Act
was a major departure from the past enabling laws for fighting economic and financial crimes, in terms of
power, functions and responsibilities.
Function of the Commission
The EFCC is charged with the responsibility for investigation and the enforcement of all laws against
economic and financial crimes in all its ramifications. The Commission is also the designated Financial
Intelligence Unit (FIU) in Nigeria, which is charged with the responsibility of coordinating the various
institutions involved in the fight against money laundering and enforcement of all laws dealing with economic
and financial crimes in Nigeria. The major functions as set out in the enabling Act include:
• Enforcement and due administration of the provisions of the EFCC Act.
• Investigation of all financial crimes such as Advanced Fee Fraud (otherwise known as 419), money laundering,
counterfeiting, Illegal charge transfer, fraudulent encashment of negotiable
instruments or fraudulent diversion of funds, computer credit card fraud, contract scam, forgery of
financial instruments, issuance of dud cheques, etc.
• Adoption of measures to identify, trace, freeze, confiscate, or seize proceeds derived from terrorist
activities, economic and financial crimes related offences, or the properties, the values of
which correspond to such proceeds.
• Adoption of measures to eradicate and prevent the commission of economic and financial crimes with a
view to identifying individuals, corporate bodies or group involved.
• Facilitation and rapid exchange of scientific and technical information geared towards the eradication of
economic and financial crimes.
• Determination of the extent of financial loss and such other losses by government, private individuals or
organisations.
• Collaboration with government bodies within and outside Nigeria carrying out the functions wholly or in part
analogous with those of the Commission.
• Dealing with matters connected with extradition, deportation and mutual legal or other assistance between
Nigeria and any other country involving economic and financial crimes.
• The collection of all reports relating to suspicious financial transactions, analyse and disseminate to all
relevant government agencies.
• Maintaining liaison with the office of the Attorney General of the Federation, Nigerian Customs Service,
Immigration and Prison Service Board, Central bank of Nigeria, Nigerian Deposit Insurance Corporation,
National Drug Law Enforcement Agency (NDLEA), all government security and law enforcement agencies and
such other financial supervisory institutions, in the eradication of economic and financial crimes.
• Carrying out and sustaining rigorous public enlightenment campaign against economic and financial crimes
within and outside Nigeria.
• Any other activities as are necessary to give effects to the functions conferred on the Commission under
the Act.
3. NIGERIA IMMIGRATION SERVICE
The Nigeria Immigration Service (NIS) has witnessed series of changes since it was extracted from the Nigeria
Police Force (NPF) in 1958. The Immigration Department, as it was known then, was entrusted with the core
Immigration duties under the headship of the Chief Federal Immigration Officer (CFIO). The department in its
embryo inherited the Immigration Ordinance of 1958 for its operation. At inception the department had a
narrow operational scope and maintained a low profile and simple approach in attaining the desired goals
and objectives of the government. During this period, only the Visa and Business Sections were set up. On
August 1st, 1963, Immigration Department was formally established by an Act of Parliament (Cap 171, Laws of
the Federation Nigeria). The head of the Department then was the Director of Immigration. Thus, the first
set of Immigration officers were former NPF officers. It became a department under the control and
supervision of the Federal Ministry of Internal Affairs (FMIA) as a civil service outfit.
Mission Statement
The mission of the Nigeria Immigration Service is to:
1. Have an IT driven security outfit that can conveniently address the operational challenges of modern
migration.
2. Give the service a new sense of direction that can make it relevant at all times to the world security
order and global trend.
Operational Structure
The Service has three Directorates, Eight Zonal Offices, Thirty-Six State Commands and Federal Capital
Territory and Immigration Offices in the 774 local government areas. The three Directorates are:
a. Finance, Administration & Technical Services.
b. Operations, Passport, Border Patrol, ECOWAS & African Affairs.
c. Investigation, Inspectorate and Enforcement
(a) Finance, Administration & Technical Services (FATS)
The FATS directorate is statutorily charged with the responsibility of policy formulation, articulation and
implementation. It is equally responsible for the financial management, recruitment, discipline, postings,
deployments and promotion of officers and men of the Service.
(b) Operations, Passport, Border Patrol, ECOWAS & African Affairs
It is responsible for the provision of various immigration facilities such as:
i. Visa
ii. Combine Expatriate Residence Permit and Aliens Card (CERPAC)
iii. Passports
(c) Investigation, Inspectorate and Enforcement
Investigation, Inspectorate and Enforcement is a directorate charged with the following responsibilities:
Investigation and Aliens Control: Detection, screening and investigation of violations and abuses of
immigration laws and regulation.
Functions of Nigeria Immigration Service
The Nigeria Immigration Service is a government agency established and charged with the control of entry
and exits of foreigners, and of course Nigerian national monitoring of foreigners into and out of the
country. It also issues passports and other travel documents to deserving Nigerians as well as combat human
trafficking and child labour amongst other functions.
4. NATIONAL DRUG LAW ENFORCEMENT AGENCY (NDLEA)
Nigerians participate in international drug trafficking. One study found that 65 percent of the heroin
seizure of 50 grams or more in British airports came from Nigeria, which was the transit point for 20
percent of all heroines from Southwest Asia. Another study disclosed that 20 percent of the drug cases in
Britain involved ships of the Nigerian National Shipping Line. By the late 1980s, Nigerians had been known to be
arrested in foreign countries, for drug trafficking.
Money-laundering operates sophisticated global networks and also involves repatriation of illicit proceeds
from narcotics trafficking as well as from financial crimes and other criminal activities. The government of
Nigeria, in 1995, enacted well-crafted legislation to control money laundering, and by extension, drug
trafficking. The agency has recorded at least 328 cocaine seizures between 1986 and 1989, and the number
of hard drug convictions has increased from 8 in 1986 to 149 in 1989, with women accounting for 27 percent
of the 275 total convictions during this period. Drug-induced psychoses accounted for 15 percent of
admissions to four psychiatric hospitals in 1988. In a related development, the Federal Ministry of Health
reported in 1989 that about one-half of the drugs available in Nigeria were imitations, leading to a series of
counterfeit and fake drugs decrees imposing increasingly higher penalties for violations.
Decree Number 48 of January 1990 established a National Drug Law Enforcement Agency to eliminate the
growing, processing, manufacturing, selling, exporting, and trafficking of hard drugs, and the decree
prescribed stiffer penalties for convicted offenders. Drugs trafficking have now been decapitalised.
Stricter security measures also have been introduced at Lagos International Airport in 1989 to curb the
offence and other crimes.
The NDLEA maintains a presence at international airports, to ensure drugs are not carried across nations
borders. It conducts raids at seaports and border checkpoints. Effort to eradicate cannabis cultivation
focused on the destruction of isolated farms. The NDLEA has attempted to expand the focus of operations
beyond the arrest of couriers to the prosecution of controlling members of narcotics and money laundering
organisations.
Despite, the counter narcotics efforts by the NDLEA, Nigeria’s extensive land borders are still porous, and
sparsely patrolled. However, NDLEA’S efforts and presence have created at least some risk that couriers may
be caught at the entry/exit ports.
5. STATE SECURITY SERVICES (SSS)
It is primarily responsible for internal policing, and is one of three successor organisations to the National
Security Organisation (NSO), dissolved in 1986. The other two successors to the National Security Organisation
are Defense Intelligence Agency (DIA) and Nigeria Intelligence Agency (NIA). The SSS has come under repeated
criticism from both within Nigeria and without charging it as instrument of political repression used by
whatever government is then in power to harass and intimidate political opponents. SSS officials maintain
they act constitutionally, providing needed internal peace and security for the people of Nigeria.
Origins
In June 1986 Decree Number 19, dissolving the National Security Organisation (NSO) and restructuring Nigeria’s
security services into the three separate entities which are:
(i) State Security Service (SSS)
(ii) Defence Intelligence Agency (DIA) and
(iii) Nigeria Intelligence Agency (NIA) under the office of the Coordinator of National Security.
Mandate
The mission of the SSS is to protect and defend the Federal Republic of Nigeria against domestic threats, to
uphold and enforce the criminal laws of Nigeria, and to provide leadership and criminal justice services to
both federal and state law-enforcement organs. The SSS is also charged with the protection of the
President, Vice President, Speaker of the House of Representatives, State Governors, their immediate
families, other high ranking government officials, past presidents and their spouses, certain candidates for
the offices of President and Vice President, and visiting foreign heads of states and governments. The
State Security Services are basically involved in security and intelligence gathering. Intelligence can be
explained simply as raw, processed, or authenticated information obtained from both overt and covert
sources. Intelligence gathering by the SSS is to abate any crime against the state. Crimes in this context
involve activities which are not only criminal in nature but also threaten the stability of government as well
as national interest. Examples include subversions, sabotage, espionage, insurgency, militancy and terrorism.
6. NIGERIA SECURITY AND CIVIL DEFENCE CORPS (NSCDC)
The Nigeria Security and Civil Defence Corps have the role of collating the conduct of her citizenry. To
ensures good governance and protecting the policies of such government through nation protection process.
National protection covers all disaster prevention activities such as measures required to prevent disaster
and limit their consequence in particular by sheltering or protecting the people, then properties. It offers
assistance through rescues and rehabilitation operation during and after disaster as well as preventing all
forms of activities which may lead to disaster occurrence such as vandalism of public utilities including public
power supply equipment, oil pipeline and telecommunication equipment.
The Nigeria Security and Civil Defence Corps are expected to maintain twenty-four hours surveillance over
infrastructure such as power supply equipment, oil pipelines, sporting equipment in stadium and other public
properties.
Functions of the Corps
(1) The Corps shall:
(a) Assist in the maintenance of peace and order and also in the protection and the rescuing of the civil
populace during the period of emergency.
(b) Recommend to the Minister the registration of private guard companies.
(c) Inspect the premises of private guard companies, their training facilities and appliance designed for
their use.
(d) Supervise and monitor the activities of all private guard companies and keep a register for the purpose.
(e) Maintain twenty-four hours surveillance over infrastructures, sites and projects for the federal, state
and local government.
(f) Have power to arrest, investigate and handover to the Nigeria Police for further investigation and
prosecution of any person who is involved in any (i) criminal activities (ii) chemical poisoning and oil spillage (iii)
industrial espionage or fraud (iv) activity aimed at frustrating any
government programme or policy (v) riot, civil disorder, revolt, strike or religious unrest, or (vi) power
transmission lines and oil pipelines vandalisation.
(g) Monitor the activities of associations.
(h) Monitor and report any planned (i) criminal activity aimed at depriving citizens of their properties or lives
or (ii) syndicate activity aimed at defrauding the federal, state or local government.
(i) Provide necessary warning for the civilian population in times of danger.
(j) Evacuate the civilian population from danger areas.
(k) Provide and manage shelters for civilians during any period or emergency.
(l) Assist in decontamination and in the taking of precautionary measures during any period of emergency.
(m) Carry out rescue operations and control blatant occasions.
(n) Assist in the provision of emergency medical services, including first aid, during any period of emergency.
(o) Detect and demarcate any danger area.
(p) Assist the Federal and State Fire Service in firefighting operation.
(q) Assist in the distribution of emergency supplies.
(r) Provide assistance to restore and maintain order in any distressed area in any period of emergency.
(s) Assist in reporting indispensable public utilities during any period of emergency.
(t) Assist in crowd and traffic control during any period of emergency (i) crime control generally (ii) riot,
disorder, revolt, strike or religious unrest (iii) subversive activity by members of the public aimed at
frustrating any programmes or policies (iv) industrial action and strike aimed at paralysing government
activities and (v) any other matter as may be directed by the Minister.
(2) The Corps shall change from present observer’ status in the International Civil Defence Organisation (ICDO)
to full member immediately after commencement of this Act by fulfilling conditions for payment of
membership dues.
7. FEDERAL ROAD SAFETY COMMISSION (FRSC)
The Federal Road Safety Commission (FRSC) was established by the government of the Federal Republic of
Nigeria vide Decree 45 of 1988 as amended by Decree 35 of 1992, with effect from 18th February 1988. The
Commission was charged with responsibilities for, among others, policymaking, organisation and administration
of road safety in Nigeria.
Functions of the Commission
The FRSC has a responsibility to:
• prevent or minimise road crashes on the highways
• clear obstructions on the highways
• educate drivers, motorists, and other members of the public generally on the proper use of the highways
• provide prompt attention to road crash victims
• conduct researches into the causes and methods of preventing them as well as putting into use the result
of such researches
• determine and enforce speed limits for all categories of roads and vehicles
• cooperate with national and international bodies, agencies and groups engaged in road safety activities on
prevention of crashes on the highways.
Funding
The Federal Road Safety Commission receives its primary funds from the federal government. This has
affected the ability of the corps to realise most of its laudable programmes. Effort are therefore being
made to encourage availability of road safety funds from proposed user’s tax policy, insurance premium,
vehicle licenses, fuel, and others.
The Three -Tier System
The Federal Road Safety Commission (FRSC) has evolved a three-tier system for efficient and effective
operations. These are:
First Tier (Regular Marshals)
These uniformed men and women are in the employment of the Federal Road Safety commission. They
perform all duties as spelt out under Decree 45 and 35, respectively, and others lawfully assigned to them
especially, the reduction of road traffic accidents in Nigeria. They are the strongest and most visible arm
of the commission.
Second Tier (Special Marshals)
These are men and women who are not in the employment of the Federal Road Safety Commission (FRSC), but
are volunteers of proven integrity who have considerable interest and expertise in road safety. They do not
wear uniforms and are not paid salaries, but are empowered, like the Regular Marshals by the enabling
Decrees 45 and 35 respectively, to arrest and prosecute traffic offenders, give lectures, offer research
service and advise in their areas of professional competence.
Third Tier (Road Safety Club)
Youths in schools and colleges are organised into road safety clubs at the primary, secondary, tertiary and
National Youth Service Corps (one year compulsory service after university graduation) levels. Unlike the
Regular and the Special Marshal, they are not to patrol the highways. Rather, they are encouraged to imbibe
road safety culture from an early age and demonstrate these in their school activities. The Federal Road
Safety Commission (FRSC) has further developed road safety educational curricula for various grade levels
and is at present working with the Ministry of Education to make it a national programme.
FRSC Schemes on Road Safety Administration
Overtime the Federal Road Safety Commission has put in place various schemes to reduce road traffic
accidents in Nigeria. These schemes include;
Revision of the Highway Code
The Nigeria Highway code was revised in 1989 to meet local and international specifications of road traffic
management and crash control. The result is a Culture –related guide for drive education. The Revised
Highway Code was translated into the three major Nigerian languages: Hausa, Igbo and Yoruba.
National Uniform Licensing Scheme
The National Uniform Licensing Scheme represents a landmark in the achievement of the FRSC. The scheme
which was introduced in 1989 has continue to provide a veritable avenue for ensuring a good road safety
culture among drivers. The scheme is made up of (i) National Driver’s License (ii) National Vehicle License (iii)
National Vehicle Identification Scheme (iv) National Driver’s Testing and Vehicle Examination (v) National Road
Traffic Regulations (vi) Vehicle Identification Tag (vii) Road Worthiness Validity Tag (viii) Proof of Ownership
Certification.
Public Education
A very important strategy of the corps is the education of the public on adherence to road safety rules
and regulations, and subtle enforcement of it through arrest and fines various radio jingles, television and
newspaper advertisements from the buck of the corps’ enlightenment media. Other innovative varieties
include public enlightenment at motor parks, churches, mosque, and community gatherings.
Enforcement
The element of persuasion, subtle force, fines and prosecution are the components used by the Regular and
Special Marshals to enforce all the traffic rules and regulations including over speeding, over loading, drink
driving and sundry others. The corps officers, on all nation’s highways, carry out mobile motorised patrol
similar to these of the police.
 8 NIGERIA CUSTOMS SERVICE (NCS)
Nigeria Customs Service (NSC) is the agency with major responsibility for controlling all cargo and goods
entering, existing or transiting through national territory. In this regard, NCS has a role in protecting
Nigerian society and also securing international trade. In particular, customs supports the combat of:
(1) Infraction to intellectual property rights
(2) Illegal commercial activities and Import of fake and sub-standard goods.
(3) Traffic of illicit drugs
(4) Illegal trade in arms and ammunitions
(5) Importation of pornographic materials
(6) Money laundering and
(7) Illegal trade in Cultural Artifacts and Heritage.
Additionally, NCS has an important role in securing the international supply chain and implementation of
international obligations related to this function.
Statutory Functions
Customs generally play a pivotal role in the economic life of any country. There is hardly any sector of the
economy that is not directly or indirectly affected by the activities of customs. The functions of the Nigeria
Customs Service include, but not limited to the following:
(a) Collection of Revenue (Import/Excise Duties and other Taxes levies)
(b) Anti-Smuggling activities
(c) Security functions
(d) Generating statistics for planning and budgetary purposes
(e) Monitoring Foreign Exchange utilisation etc.
(f) Engaging in Research, Planning and Enforcement of fiscal policies of government,
(g) Manifest processing
(h) Licensing and registration of Customs agents
(i) Registration and designation of collecting banks and
(j) Working on collaboration with other government agencies in all approved parts and border station.
Legal Framework
The Customs and Excise Management Act (CEMA) cap 45, Law of the Federation of Nigeria, 2004 vests legal
authority in the Nigeria Customs Service to act on behalf of the federal government of Nigeria in all
customs matters. This is supported by various supplementary legislations, including:
• Customs and Excise (Special panel and other provisions) cap 45, law of the Federation of Nigeria, 2004.
• Customs Duties (Dumped and Subsidised Goods) Act cap 77 Laws of the Federation of Nigeria.
• Nigeria Pre-shipment Inspection Act No. 36 of November, 1979 further amended by Act No. 11 of 19th April 1996.
• Decree No. 45 of 1st June, 1992 as amended by Act NO. 77 of 29th August, 1993.
• Customs and Excise Management (Amendment) Act No. 20 of 2003 and
• The constitution of the Federal Republic of Nigeria, 1999.
9. THE NIGERIA CORRECTIONAL SERVICE
Establishment of a Prison
In Nigeria, there are many prisons created by the Law of the Federation and are classified. Act 1972 (Act No.
9) now governs the creation of a prison in Nigeria and section 2 (i) and (ii) states.
(i) “The President of Federal Republic of Nigeria may by order in the Federal Gazette declare any building
place in Nigeria to be a prison and by the same or subsequent order specify the area of
which the prison is established”
(ii) “Every prison will include (a) the grounds and buildings within the prison (b) any lock-up house for the
temporary detention or of prisoners newly apprehended or under remand which is declared by the
President of Federal Republic of Nigeria by order in the Federal Gazette be part of the prisons”.
History of Modern Prisons
The evolution of an organised modern prison by Nigeria began with the advent of the British colonial
Administration when it assumed responsibility of the administration of Lagos and organised prison system
along British model as one of the early forms of administration of justice. As a result of this re-
organisation, Broad Street prison was established in 1872 but the Prison Ordinance that gave it legal backing
came into force in 1876.
Frederick John Dealtry Lugard, the then colonial Governor, in amalgamated the Northern and Southern
protectorates into present day Nigeria in 1914. Following the amalgamation, the prison ordinance of 1916 and
prison regulation of 1917 were promulgated to ensure uniformity of prisons administration in Nigeria. The
ordinance gave the Governor extensive powers to declare any building in any province a prison and to make
regulations for prison administration. He was empowered to appoint the Director of prisons and other
officials, who were to be responsible for general management and superintendence of the prison system.
The Director of Prisons was in turn empowered to make standing orders for organisation, discipline, control
and of general administration of staff and inmates of the Nigerian prisons.
Functions of the Prisons
The statutory functions of the prisons include:
(a) Keeping Custody: The prison is responsible for the custody of the final product in the criminal justice
process. Maintaining custody involves carrying out measures to prevent escapes, such as erecting a high
walls or chain link fence, placing armed guards, constant checks of cells, providing a system of passes for
movements within the prison, constant surveillance, and such stringent measures which may be applied from
time to time to prevent escapes, riots and so on.
(b) Reformation: These are activities carried out in the prisons targeted towards positive transformation of
an inmate according to his societal needs.
(c) Rehabilitation: These are packages of tangible and intangible provision to a willingly reformed and legally
accepted way of life on discharge.
(d) Reintegration: These are series of psychological activities aimed at correcting the lenses through which
the government, society and individuals perceive a discharge inmate.

THE CHALLENGES FACING LAW ENFORCEMENT IN THE 21ST CENTURY

Challenging facing law enforcement are extremely complex and always changing. Some of these are old
problems and some are new, sophisticated challenges that 20 years ago we could not have imagined nor even
prepared for. As such, we are struggling to adjust to some very fast paced changes that are challenging
our ability to do our jobs and to protect public safety.
1. Restoring Public Trust:
 Most law enforcement agency if not all are faced with the challenge of restoring public trust due
to past experience by the public the fail to trust the law enforcement agency for instance police
brutality, arrest of innocent citizen and killings of innocent have destroyed public confidence and
have caused some of the challenges we were already facing today.
To restore this trust the first priority will be to reach out to our communities and to look at ways
that we can restore this community confidence in the police and other law enforcement agency
because the citizen has really lost confidence in the police most especially. This is the major factor
that cause jungle justice in our country since when a thief is handed over to the police such thief
gain freedom immediately they get to the police station so people this days decide to punish the
criminal themselves instead of reporting or handing over to the police.
2. Recruitment and Retention:
All law enforcement agencies are facing the problem of hiring and retaining qualified men and
women to serve in law enforcement. This crisis in not just a local issue but a global issue that is it is
not a Nigeria problem.
Every year law enforcement officer retire from service but the real challenge is that there is no
adequate replacement for no replacement at all. This days finding young men and women who are
wanting to take on a career and stay for 30 plus years is a serious issue simply because they do
not find the occupation to be appealing.
3. Social Media:
Social media presents a host of issues and challenges for law enforcement in the 21st century from
activist organizations of sudden protests for instance the ENDSARS protest started from the social
media, gang recruitment tools, terrorism training, chilling crimes committed live on various social
media platforms, to human trafficking, scams, and personal security issues for the public and law
enforcement. Despite the growth of some positive developments in social media, there are some
serious threats that law enforcement must address. Law enforcement around the world are
seriously behind the curve in both training, equipment and specialists who can monitor and intercept
these types of activities before an incident occurs. Resources are key here, the question comes will
there ever be enough.
4. Equipment and facilities:
One huge challenge face as law enforcement agency most especially the police and the correctional
service is outdated and aging jail and prison infrastructure. Most of our facilities nationwide were
designed many decades ago. It’s mostly taboo to speak about the need for more or new jails as poll
after poll has shown that the public is not supportive of funding new jails, but the reality is that
we must.
The population that we now house is vastly different than that in the 1950’s or even the 1980’s. Our
jails were mostly built to house misdemeanor inmates for a very short period of time or felony
inmates awaiting adjudication. Today’s inmates are far more challenging. There are many more
suffering from mental illness. Many jails were not built with “yard space” nor where they built with
classrooms or any proper space to do any type of meaningful rehabilitation. Our equipment
challenges don’t just end at the jail. We also have challenges in dealing with sophisticated and well-
armed terrorists both domestic and foreign. Today’s front line law enforcement officers do not
 have the body armor to stop an assault weapon nor can our vehicles withstand a hit from a pipe
bomb. We need to find the right combination of providing the protective equipment the modern law
enforcement needs and the sensitivity of the public we serve.
5. Grants:
With an increased threat environment, law enforcement has continually been tasked to do more with
less. Cost implications coupled with a heightened security environment is simply unsustainable. Most
law enforcement agency lacks grant which should be used to help in research and training of their
officer. Most agency are still tied with the use of old law enforcement techniques, a situation that
makes criminal outsmart them.