ABSTRACT
This work highlights the role and functions of the police using the Administration of Criminal Justice Act particularly Sections 7, 8, and 9 of the Act, Section 7 which provides that a person shall not be arrested in place of another suspect, Section 8 which provides that a suspect shall not be accorded in humane treated during arrest and section 9 which provides for the use of reasonable force on suspects.
It determines the laws that provides for detention by police in Nigeria (Sec 35(5) 1999 Constitution as amended) which states that the police may not detain any suspect for longer 48 hours without court order, the case of Alade v The Federal Republic of Nigeria, where Mr. Alade was arrested without a reasonable cause and detain and placed in police custody for 9 years upon revisiting his case it was ruled that this act done was against section 35 of the constitution which provides that no person detained for more than 38 hours. Also, Anogwie and others v Odom and others, also the problems faced by citizens in the hands of police officers, which are failure to inform persons on grounds of his/he arrest, obtaining confession by use of force, arresting a person for the crime of another, detaining a person for more than 48 hours, preventing a person from consulting his/her lawyer, charging suspect for bail which are against the provisions provided for in the Administration of Criminal Justice Act (ACJA).
This study outlines the problems caused by illegal acts of the police in detaining persons and the consequences, punishments available for police officers who are guilty of brutality as provided in the Criminal Code Section 315. This section provides that anyone who unlawfully kills another is guilty of the offence of murder or man slaughter and is punishable by death, punishment available for public officers who abuses their office provided for in Chapter 12 Criminal Code Act part two, Section 92 and 99, punishment for persons who unlawfully and indecently assault any person which amounts to a felony, the remedies available for persons illegally detained and involved in police brutality.
