COMPLETE SCHOOL PROJECT TOPICS & MATERIALS :
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CHAPTER ONE
INTRODUCTION
1.1 Background of the study
Nigeria as a political entity is bedeviled with a myriad of socio economic and political problems, which are inherently multifarious in nature[1]. Some of these problems include political instability or uncertainty, corruption, poverty, moral decadence, and various forms of economic crimes such as currency trafficking, product adulteration and piracy among others[2].
The administration of justice refers to the maintenance of right within a political community by means of the physical force of the state. It is the state’s application of the sanction of force to the rule of right[3]. But in its broad sense, the administration of justice is involved in the exercise of every governmental function, be it legislative, executive or judicial. It is one of the vital functions of state, for the aim of state and government is the welfare and happiness of the citizen[4]. In this regard, the organs involved in the administration of justice include the police, the legal profession, the court and the prisons.
Criminal justice system – consisting of the judiciary, police, prosecutors, correctional services and the legal aid scheme – is not working in Africa[5]. Despite assurances that it is working to reduce crime, the system is in fact slowly grinding to a halt, with staff shortages, lack of accountability, and corruption. The Nigeria pre-colonial criminal justice system for instance differs both substantially and procedurally from contemporary criminal justice system in Nigeria. While we cannot posit that there was no crime in the traditional society, the justice system procedure involves almost all members of the society[6]. According to Nweje[7], it is an indisputable fact that very many, if not most, of the criminal offences and civil wrongs recognized by our laws of today, were also offences known to and administered by our ancestors long before the advent of the Europeans.
Murder, robbery, arson, treason, ordinary stealing, burglary, even breaches of the peace and assaults, rape, incest, sacrilege and so on, were all offences recognized, provided for and punished by our native communities before the white man came. There were no established courts; but the village assembly usually met and heard and decided cases that arose between one person and another or between the community and some recalcitrant members. Depending on the arrangement of the particular community the tribunal that first heard the case was the family meeting – in Igbo land called Umunna. From this appeal went to the village assembly or meeting, made up of either just the village elders or the general adult population. Some larger communities (such as centralized monarchies of Benin and Oyo Kingdoms) had higher tribunals. There were differences in details from one community to another but the general pattern was the same or similar all the way (Nweje, 1975:186-187).
The police play a vital role in the sustenance of order, legality, development and democracy else it would be difficult to achieve peace and orderliness[8]. Therefore, any policy aimed at reducing poverty must take account of the facilitative and inhibitive roles of the police in society. The major role of police is policing is securing compliance with existing laws and conformity with precepts of social order however the police are not the only agency involved in policing, in the broad sense of the term. Policing has always been necessary in all societies for the preservation of order, safety and social relations[9]. The importance of policing becomes even more evident in modern societies characterized by diversities and contradictions arising from population heterogeneity, urbanization, industrialization, conflicting ideologies on appropriate socio-political and economic form of organization. However, the emergence of the police, a body of men recruited and paid by the state to enforce law and maintain order, is a recent development in human history[10].
It is a well-known fact that the prime object of the criminal law of which the police form an essential part is the protection of the public by the maintenance of law and order. To this end, it has been stated that the general purpose of the criminal law and the establishment of the police force, amongst others, is to forbid and prevent conducts that threaten harm to individuals and the public at large, as well as to subject to public control, persons whose conducts indicate that” they are disposed to commit crimes[11]. It includes the control of those who have manifested their dangerousness sufficiently enough to generate fear in the minds of reasonable members of the society. This is because every responsible society takes appropriate measures to protect lives and property of people living within its boundaries. This leads us to the concept of crime control which has been said to refer to a host of activities including all efforts designed to hold the volume of crime in effective check, to keep it from spreading, to restrict and prevent crime infection and continuation, to prevent crime from breaking and spreading to new areas, and to protect society against the activities of habitual and abnormal offenders[12].
1.2 Statement of the problem
Evaluation of the effectiveness of the Nigeria criminal justice system is an issue that apparently requires attention; given the seemingly unchecked lawlessness that pervades the nation, the phenomenon and increased rate of recidivism in Nigeria, as in most other societies, and the general opinion and perception of justice as a mirage[13].
The negligence of duty by The Nigerian Police has however created robust problems and has left security in Nigeria state in a bad shape. There is the problem of funding, human resource management, welfare of the police force, the quality of personnel, low quality and shortage of arms and ammunitions. Also, the Police are often unable to respond to distress calls of citizens rapidly, inadequate public cooperation, poor public image and poor remuneration. Efforts at reform of this quagmire are yet to yield lasting result.
The Nigeria Police is saddled with the responsibility of maintenance of law and order. It also protects, prevents and investigates criminal activities. In the discharge of these duties, the force has over the years failed. This is by virtue of certain inherent problems and challenges that has militated the force in its application of its powers as have been statutorily provided.
To solve the problem of this research, the following research questions will be tackled:
- What is the role of the Nigeria Police in the administration of justice?
- What are the problems facing the Nigerian Police Force in the administration of justice?
- What are the solutions for combating crimes in Nigeria?
1.3 Objectives of the study
The main objective of this research is to review the role of the Nigeria Police in the administration of justice and Security in Nigeria, with other objectives as follows:
- To examine the role of the Nigeria Police in the administration of justice.
- To address the problems facing the Nigerian Police Force.
- To Provide solutions for combating crimes in Nigeria.
1.4 Scope and limitation of the study
This research is limited to the role of Nigeria Police in the administration of justice. It will also look into the issues of crimes prevention and mechanisms for control crimes in Nigeria. This research work is being limited majorly by finance. It made it difficult to traverse so many places getting useful information which would have aided this work more effectively. Also, the pieces of information I used in this research were not gotten on a platter of gold, this is because Police arenas are closed circuit where their information is hardly disclosed to the public.
1.5 Significance of the study
The significance of this research work cannot be over emphasized. It analyses the role of Police in the Administration of Justice in Nigeria in order to give the public clearer views on police administration.
With the overwhelming security challenges in Nigeria, this research work will serve as a useful instrument to improve the Police Force administration thereby reducing to the barest minimum the problem of terrorism and robbery attacks. It is sad to hear that some police officers do not even know their roles aside maltreating members of the society and taking bribes. This research will help the Police Officers to know their roles in maintaining internal security in Nigeria and to correct the maladministration in the Force.
Also, the research is necessitated to show case the indiscriminate violations of human rights by the police and the gross increase of crime rate in the country which often leaves much to be desired.
With the above issues, this research will serve as a viable source of information to all and sundry. First, it will benefit the police, those engaged in the administration of justice, law enforcement agencies and the court. It will also provide relevant suggestions on how best to curb the increase of crimes; it is also of immense benefit to policy makers, government officials, academicians, students and anyone interested in the peaceful co-existence of the Nigerian populace.
[1] Dambazau, A.B., Criminology and Criminal Justice. Spectrum Books Ltd, Ibadan, 2007.
[2] ibid
[3] Abegunde, A., The Nigerian Police and Human Rights in Abegunde A.A. Adebayo, W. (ed.). Essays in Honour of Oba Emmanuel Adebowale Adebayo (Petoa Educational publishers, Ibadan, Nig. 2008), p. 238.
[4] ibid
[5] Kolo, B. G. 2002. “Public Perception of the Police as an Element in the Criminal Justice System”, The Nigerian Social Scientist, Vol. 5, No. 2, pp. 13 – 15.
[6] Sa’ad, A. M. 1998. The Police in Modern Nigeria, 1861 – 1965. Ibadan: Ibadan University Press.
[7] Nweje, M. O. (1975) “In Search of Justice”, in Elias, T. O. et al. (eds.) African Indigenous Laws Proceedings of Workshop. Enugu: Government Printer.
[8] Abegunde, B., “The Nigerian Police and Human Rights Abuse” in Abegunde, B. and Adebayo, W.A. (eds) Essays in Honour of Oba Emmanuel Adebawola Adebayo, Petroa Educational Publishers, Ado-Ekiti, 2008, p. 28.
[9] In Superior Courts of Record; the prosecution of offenders is often done by the Police, through the instrumentality of state counsel in Ministry of Justice. Predominantly, police prosecution is done at Magistrate Courts and other lower courts.
[10] Reiner, R. (2000). The Politics of the Police, Oxford University Press.
[11] American Law Institute’s Model Penal Code, 1968
[12] American Law Institute’s Model Penal Code, 1968
[13] Section 24 Police Act. Cap. 359, LFN, 2004.