COMPLETE SCHOOL PROJECT TOPICS & MATERIALS :
CHAPTERS: Chapter 1-5
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INTRODUCTION
It is a fact worth mentioning that the governments all over the world usually resorts to law as a means of addressing different functions, which range from economic, political to social functions. Since the government structure consist of different bodies or arms charged with different functions in relation to the law, it is important to understand the nature of the system or body empowered to interpret, execute and apply the law. In ensuring security of life and property which is the primary function of any government, the place of the police cannot be over-emphasized. It is the duty of the police to ensure the protection of lives and properties, the maintenance of law and order and the observance of the ethical values of the society. If the Society must remain in peace, individuals with criminal tendencies must be put under close checks and their activities closely monitored and checkmated. The police therefore act to uphold the social norms and standards and the established law in every society, they apply criminal law to do justice to all and sundry. Therefore Nigerian police force is charged with the responsibility of maintaining law, order and internal security, especially as they affect protection of lives and property of the entire populace in addition to other functions that will enhance tranquility and harmony in the country. In the administration of criminal justice in the country, the police are the very first institution that a criminal suspect comes in contact with and Whether or not the suspect will obtain justice depends on how the police go about its business.
Brief History of the Nigerian Police Force
The amalgamation of Northern and Southern Nigeria in 1914 was a precursor to the formation of the present Nigeria Police Force on April 1, 1930, with its headquarters in Lagos, commanded by an Inspector-General of Police. Nigerians assumed the overall leadership of the Force in 1964 when the late Louis Orok Edet was appointed the first indigenous Inspector-General of Police. Since then twelve other Nigerians, including the incumbent, Mohammed Abubakar, have been at the helm of the police affairs. The Nigerian Police Force is a product of the nation’s Constitution: the 1999 Constitution Section 214(1) stipulates that: “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.” The Nigeria Police is a national force and the only one operating throughout the country. Thus, by virtue of Section 4, Police Act of 1967, Cap 359 of the Laws of the Federation 1990, power is conferred upon the Force for the maintenance of law and order throughout the country. The Nigerian Police has a centralized management command and control structure in which the Inspector-General of Police singlehandedly determines both policy and operational matters. As the head of the Force, the Inspector-General of Police is appointed by the President but on the advice of the Nigeria Police Service Commission, from among some serving top hierarchy of the Force (NOPRIN, 2007). However it is to be noted that from the colonial period to date, the role of the Nigeria Police has been quite reflective of the political, economic and social developments in the country. In other words, the character, roles and priorities of the Police in the country are principally determined by the changing nature of the political and economic structures of the country at different times.
Police and administration of criminal justice
The first contact a defendant has with criminal justice system is usually with the police or law enforcement agents, who investigate the suspected wrongdoing and make an arrest. In this case the Nigerian police force (N.P.F) is given jurisdiction to act towards the process of arrest and investigation bestowed on them by virtue of the police act. However, if the suspect is dangerous to the whole nation, a national law enforcement agency such as the Economic and Financial Crimes Commission (EFCC), Criminal Investigation Department (C.I.D), State Security Services (SSS), The Nigerian Army and host of others can be called upon to help in a serious crime situation depending on the emergency and the expediency to apprehend the culprits. This is particularly manifest now in the ongoing search for the kidnapped girls at Chibok in Borno State where all hands are on desk to locate the Boko Harram members suspected of kidnapping the children.
When warranted, the law enforcement agencies or police officers are empowered to use force or other forms of legal coercion and means to effect public and social order. Police are primarily concerned with keeping the peace and enforcing criminal law in order to administer justice to all citizens. In administering justice, the police after arrest of an alleged crime offender, hands over to a prosecutor, who is usually an attorney or an officer of his department or in some cases, the director of public prosecution (D.P.P) is a lawyer who brings charges against a person, persons or corporate entity. It is the prosecutor’s duty to charge the offender to court and explain to the court what crime was committed and tender detailed evidence (exhibit) which was found which incriminates the accused, and then the court takes over and begin trial of the alleged offender. They stand as the entry point into the criminal justice system through reports from the public or its own investigations.
Further classification on police criminal administration is provided on Section 23 of the Police Act provides: Subject to the provisions of Section 174 and Section 211 of the Constitution of the Federal Republic of Nigeria, the police (which relates to the power of the Attorney General of the Federation and of the State to institute and undertake, takeover and continue or discontinue criminal proceedings against any person before any court of law in Nigeria). In maintaining security, the police in Nigeria are given powers to arrest, detain, search, detect and prosecute. Under the Criminal Procedure Act, police officers can arrest with or without warrant, search any person or premises, detains, grant bail and ultimately prosecute. In administration of criminal justice, the Nigerian police force has the power to serve summons lawfully issued by a court, power to grant bail to person arrested, power to search a person, house, shop, ware house or other premises, power to detain, power to take finger prints. Added to the foregoing is the responsibility of the police to conduct prosecution of offenders before any court whether or not the information or complaint is laid in the name of the prosecuting police officer.
Definition of key terms
Court; the Oxford Advanced Learners Dictionary defined court to mean a body of people presided over by the judge or judges or magistrate and acting as a tribunal in civil and criminal cases.
Criminal justice system; is system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts.
Law; Law for the purpose of this paper can be defined as a system of rules and guidelines which are enforced through social institutions to govern behavior. Laws can be made through legislation by the legislature, by the executive through decrees and regulations or judges through binding precedent..
Prosecutor; Is a person who brings charges against a person, persons or corporate entity. It is the prosecutor’s duty to explain to the court what crime was committed and to detail what evidence has been found which incriminates the accused.
Police Force; According to Wikipedia, is a constituted body of persons empowered by the state to enforce the law, protect property, and limit civil disorder.
Theoretical Framework.
Functionalist Perspective
The major proponent of this system theory is August Comte (1798-1857), other proponents include Herbert Spencer (1820-1903), Emile Durkheim (1858-1917), Talcott Parsons (19032-1979), functionalists view society from the perspective of is being a system. To them, society is a system, a combination of separate parts that together form a whole. Society’s parts relate one to the other interdependency, for instance among social institutions, the family relates to religion, to school, economy and the state, and vice versa. All these are among the crucial parts of any society; change in one institution has implication for others. All the parts of the society function for the betterment upkeep and promotion of order in the society. In relation to this study, the theory argue that the police being part of the state and a major criminal justice system agent work for the maintenance of peace and order, apprehension of offenders, protection of lives and properties, due enforcement of laws and regulation, which will all maintain equilibrium and order in the society. The police, the theory believe plays an indispensable role in ensuring that order and stability prevails at all times in the country. The weakness of the theory, Robert Merton criticized the functionalists for the application of the word functional importance; he argued that there is no objective way of measuring the functional importance of positions in the society. Functionalism was also criticized by a fellow functionalist. Merton’s (1968) advocacy for middle range theories. Merton criticized the three basic postulants of functional analysis for, he criticized the notion of functional unity arguing that the belief by functionalists that all cultural practices and belief are functional for society as a whole, as well as individuals in that society, cannot be true particularly in large or complex industrialized societies. Merton also dismissed mainstream functionalist claim that all social and cultural forms and structures have positive functions. Merton argued to the contrary that in real life, not every custom, idea or belief has positive functions. (Nnonyelu, 2010). For instance some activities of the Nigeria police force like bribery and corruption, brutalizing the citizens, assaulting the citizens, corroborating with the criminals, by supplying arms and ammunitions to them, giving them information etc, all the above misconduct by the Nigeria police force have disrupted the equilibrium in the society.