THE POLICE ACT, 2020: AN ANTIDOTE TO HUMAN RIGHT VIOLATIONS

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ABSTRACT

Nigeria as a nation is a federal state that practiced federalism. The police is an institution of the Federal government and it is a fundamental component of the security structure of the country as they are responsible for the maintenance of law and order in any society. They are generally the front line in public security provision by the state and thus the security provider that the public most frequently encounter in their daily lives.

The Nigerian Police Force as institution of the state are charged with the responsibility of “preventing and detecting crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria”. Hence, the important of the Police Force in the Nigeria society cannot be overemphasize.

However, in the performance of their statutory duties; it has been reported severally that The Nigeria Police Force most times go against their modus operandi. For instance in October, 2020;

Nigerians youth were all out in major cities in the country protesting against the incessant violation of their fundamental rights, brutality and oppression from the Police Force in Nigeria, particularly the operations of The Special Anti-Robbery Squad (SARS) who were reported to have had a long record of abuses.

Since the citizens cannot police themselves and since they need a policing system in line with International best practices where fundamental rights can be said to be protected; there exist a need for a reviewed regulation to put the Nigeria Police in same page with international best practice in policing. The Police Act is the governing legislation of the Police institution which has been in force since 1943. Unfortunately, apart from a few consequential amendments, the Police Act has not been given a holistic reviewed to meet up with international best practice of policing. However, in 2020, the National House of Assembly finally gave the Police Act a holistic review and same was signed into law by the President of the Federation, thereby making the Police Act of 2020 to be the primary legislation governing the affairs of the Police institution in Nigeria today. This Act repeals the Police Act, 2004. Also in line with international best practice; this Act provide for a more effective and well organized Police Force driven by the principles of transparency and accountability in its operation, promoting the fundamental rights of Nigerians and management of its resources. The Act further tends to enhances professionalism in the Police Force through the provision of increased training opportunities for police offers and other persons employed by the Police Force and partnership between the Police Force and communities in maintaining peace and combating crimes nationwide.

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