NBA And Macarthur Foundation Urge Police To Meticulously Implement ACJA And Observe Rule Of Law

Mr. Idris Bawa, the Adviser, Police Programme, GIZ Africa-Nigeria, Esq has said that all human being is entitled to the same rights. In defining the Rule of Law according to the United Nations (UN) he noted that it is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.

Mr. Bawa, Esq, made this remark on Wednesday, at the one day workshop organised by the Nigerian Bar Association in collaboration with MacArthur Foundation, held at NBA (House) National Secretariat, Abuja, with the theme “The Role of the Nigeria Police in the Implementation of the Administration of Criminal Justice Act, 2015 and Compliance with Principles of Human Rights in Law Enforcement”.

Bawa, who spoke during the first session on  the topic “Compliance with Principles of Human Rights and Rule of Law in Law Enforcement,” said that Rule of Law requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency.

He said, “the critical elements of the Rule of Law to include are: Supremacy of the law, Equality before the law, equal application of sanctions, Accountability to the law, Fairness in the application of the law and Separation of powers.

“The human rights mandate of the police force is firmly established under the Constitution as well as the basic law of the Police.”

Speaking on the role of Nigeria police in criminal justice administration, Bawa pointed that the Nigeria Police Force is constitutionally established for the maintenance and securing of public safety and order within the country.

Citing Section 4 of the NPF(Establishment) Act 2020, he spelt out the functions of the police as follows:
• Maintain public safety, law and order.
• Protect the lives and property of all persons in Nigeria.
• Enforce all laws and regulations without any prejudice to Acts of other security agencies.
• Prevent and detect crimes and protect rights and freedom of every person in Nigeria as provided under the Constitution and International instruments.
• Discharge such duties within and outside Nigeria as may be required of it under the Act or any other law.
• Collaborate with other agencies to take necessary action and provide support to persons in distress, including victims of road accidents, fire disaster, earthquakes and floods.
• Facilitate the free passage and movement on highways, roads and streets open to the public.
• To vet and approve the registration of private detective schools and private investigative out fits.

“The powers of the police are enshrined in Sections 31-33 of the Police Act.

“According to Sec 44, where the suspect volunteers to make a confessional statement, the police officer shall ensure that such statement is recorded in writing and may be recorded electronically on a retrievable video or audio-visual means.”

On the aspect of interview and interrogation, he stated that “Interview here refers to meeting between two people to discuss some matters that are important.

“In Police parlance, it is a meeting between an IPO and a witness to a crime under investigation with a view to obtaining evidence, or to identify the author of a crime or to support existing evidence so as to establish a case against a suspect under investigation.

“Interrogation on the other hand is the questioning of a person suspected to have been involved in the commission of an offence under investigation by a police officer.

“Duration of interrogation is usually longer extending to hours and even days in some cases,” he added.

Speaking on the conditions for bail and citing Sec.35 of the Constitution, Mr. Bawa noted that the right to personal liberty is sacrosanct and inalienable. It is the foundation of enterprise and freedom. He pointed out the conditions for bail denial to include:

• In execution of the sentence of or order of a court in respect of a criminal offence of which he has been found guilty
• By reason of failure to comply with an order of a court or in order to secure the fulfilment of any obligation imposed by upon him by law
• For the purpose of bringing him before a court in execution of the cut order upon reasonable suspicion of his having committed a criminal offence
• For the underage, for the purpose of his education or welfare
• In the case of persons suffering from infectious or contagious disease, persons of unsound mind, drug addicts or alcohol or vagrants, for the purpose of their care or protection of the community

However, he noted that according to S.165 of ACJA 2015, the conditions for bail in any case shall be at the discretion of the court.

While responding to the question on the need for the  Judiciary and the NPF to have synergy in order to have an effective delivery of administration of justice, Bawa, noted that the problem of the police didn’t start today.

“They have long been denied funding. There is a move to move the police pension scheme to that of the military.

“The government has denied the police certain privileges that’s why they are like that,” he added.

Prof. Yemi Akinseye-George, SAN, speaking at the 2nd Session on the topic, “Role of Police in the Implementation of ACJA,”  stated that the police is undoubtedly the entry point into the criminal justice system either through reports from the public or on its own investigation.

“The first contact a suspect has with the criminal justice system is with the police and the manner in which the police carry out their duties depend on whether or not the suspect will obtain justice”

“The purpose of the ACJA is to Promote efficient management of criminal justice institutions, speedy dispensation of justice, protect the society from crime, and protect the rights and interests of the suspect, the defendant, and the victim.“These can be seen in S. 1. Of the Act. He noted that Sequel to the enactment of the ACJA with newly assigned roles, a new Nigeria Police Act was enacted in 2020.

“The Act provide for a more effective and well-organized Police force driven by the principles of transparency and accountability in operations and management of resources.”Speaking on the roles of the IGP under the ACJA, he referred to Section 16 of the Act.

“In his words, it’s for the establishment of a Central Criminal Record Registry (CCRR). S. 16(1). Also, the establishment at every State/FCT Police Command a Criminal Records Registry (CRR) shall keep and transmit all records including Court decisions in all criminal trials to the Central Criminal Records Registry within 30 days of judgment. S. 16(2).”

On the role of the Police generally he first pointed out the role of Prevention and commission of offences. Section 4 of the Police Act provides, among others, that the police shall be employed for the preservation and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and due enforcement of all laws and regulations.

“Another role of the police in line with the presentation are Investigation and Arrest.

“ACJA contains several safeguards against unlawful arrests and investigation- These safeguards also ensure speedy investigation.

“The safeguards to include: No Unnecessary restraint, force may be used in limited circumstances, Inform suspect of the reason for arrest, duty of the arresting officer to Inform suspect of Rights, Notify next of kin, Prohibition of arrest in lieu and Humane treatment of arrested persons. Under s. 15 (1) and (2), an arresting police officer shall record information about the suspect immediately and complete the process within a reasonable time not exceeding 48 hours.”

Speaking on the electronic recording of the confessional statement, he established that in line with the Law, where an arrested suspect volunteers to make a confessional statement, the police officer shall ensure that the making and taking of the statement shall be in writing and may be recorded electronically on a retrievable video compact disc or such other audio-visual means. S.15(4).

He further stated that the Register of arrests is in the prescribed form at every police station and every arrest is entered accordingly by the Officer in charge of the station as soon as the suspect is brought to the Station. S. 29(4).

He recommended the following:
• Increased training opportunities for officers and other persons employed by the police; and to create an enduring cooperation and partnership between the Police and communities, in maintaining peace and combating crimes nationwide.
• the police and relevant stakeholders should undertake a meticulous implementation of the law and there is need for the provision of adequate resources in order to enable the police carry out its statutory functions effectively.

“ACJA makes several bold and innovative provisions which are aimed at addressing the problems of delay and lack of coordination in the system of administration of justice.

“The successful implementation of the law will depend largely on the willingness of the police to comply with the protocols and other standards legislated by the ACJA.

“On trial denovo there is an ongoing amendment of the ACJA. Currently, there is most likely no legal remedy for denovo,” he said.

The second session tagged “Role of Police in the Implementation of ACJA, 2015” was taken by Prof. Yemi Akinseye-George, SAN represented by Chiamaka who said that no doubt the police is the entry point into the criminal justice system either through reports from the public or on its own investigation.

“The first contact a suspect has with the criminal justice system is with the police and the manner in which the police carry out their duties depend on whether or not the suspect will obtain justice. He refered to Section 214(1) of the Constitution of the Federal Republic of Nigeria 1999 (as Amended) which established the Nigeria Police Force, the same section goes further to prohibit the establishment of any other police force in and within Nigeria.” the learned SAN said

Akinseye-George provided the purpose of the ACJA as to Promote efficient management of criminal justice institutions, speedy dispensation of justice, protect the society from crime, and protect the rights and interests of the suspect, the defendant, and the victim. These can be seen in S. 1. Of the Act. He noted that Sequel to the enactment of the ACJA with new assigned roles, a new Nigeria Police Act was enacted in 2020. The Act provide for a more effective and well-organized Police force driven by the principles of transparency and accountability in operations and management of resources.

He spoke on the roles of the IGP under the ACJA and referred to Section 16 of the Act. He said, “it’s for the establishment of a Central Criminal Record Registry (CCRR). S. 16(1). Also, establishment at every State/FCT Police Command a Criminal Records Registry (CRR) which shall keep and transmit all records including Court decisions in all criminal trials to the Central Criminal Records Registry within 30 days of judgment. S. 16(2).”

On the role of the Police generally he first pointed out the role of Prevention and commission of offences. According to him, Section 4 of the Police Act provides, among others, that “the police shall be employed for the preservation and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and due enforcement  of all laws and regulations. Another role of the police in line with the presentation are Investigation and Arrest.”

He further noted that the ACJA contains several safeguards against unlawful arrests and investigation- These safeguards also ensure speedy investigation. He mentioned the safeguards to include: No Unnecessary restraint, force may be used in limited circumstances, Inform suspect of the reason for arrest, duty of the arresting officer to Inform suspect of Rights, Notify next of kin, Prohibition of arrest in lieu and Humane treatment of arrested persons. Under s. 15 (1) and (2), an arresting police officer shall record information about the suspect immediately and complete the process within a reasonable time not exceeding 48 hours.

On electronic recording of confessional statement, he said “where an arrested suspect volunteers to make a confessional statement, the police officer shall ensure that the making and taking of the statement shall be in writing and may be recorded electronically on a retrievable video compact disc or such other audio-visual means. S.15(4).”

He further stated that Register of arrests in the prescribed form at every police station and every arrest entered accordingly by the Officer in charge of the station  as soon as suspect is brought to the Station. S. 29(4).

He therefore made a case for “increased training opportunities for officers and other persons employed by the police; and to create an enduring cooperation and partnership between the Police and communities, in maintaining peace and combating crimes nationwide.”

He also recommended that “the police and relevant stakeholders should undertake a meticulous implementation of the law and there is need for the provision of adequate resources in order to enable the police carry out its statutory functions effectively.”

He concluded that the ACJA makes several bold and innovative provisions which are aimed at addressing the problems of delay and lack of coordination in the system of administration of justice. The successful implementation of the law will depend largely on the willingness of the police to comply with the protocols and other standards legislated by the ACJA.

“On trial denovo there is an ongoing amendment of the ACJA. Currently the is most likely no legal remedy for denovo” he added.

The workshop had in attendance over 150 persons from both the Police and the NBA and other relevant stakeholders. Renowned personalities in attendance included Mr Tobenna Eijiokwe, Chairman, NBA Institute of Continuing Legal Education; J.K. Gadzama, SAN, Chairman, NBA Security Agencies Relations Committee; CP Babaji Sunday, PSC, Commissioner of Police, FCT Command represented by ACP Chike Nwabuwa, AC-CID; Umar Mohammed, Dir. of Public Prosecution, Federal Ministry of Justice, represented by Mr Yusuf A.A; Hon. Jus. Hussein Baba Yusuf, Chief Judge of FCT represented by Hon. Jus. Anenih; Mr Idris Bawa, Advisor, Police Programme, GIZ, Africa-Nigeria; Kate Okoh-Kpina, Advisor, Rule of Law, GIZ Police Programme, Africa-Nigeria; Mercy Agada Ijato, Treasurer of the NBA.