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All Journal Jurnal Hukum Novelty Khazanah Hukum
Ehirim, Nwanneka Flora
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Law, Crime, Criminology & Criminal Justice

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Strengthening Human Rights Protection in Nigeria: Safeguards Under the Police Act 2020 Ehirim, Ugochukwu Godspower; Ossai, Morrison; Aloamaka, Patrick Chukwunonso; Ehirim, Nwanneka Flora
Khazanah Hukum Vol 6, No 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.39569

Abstract

The concept of Human Rights has become a critical factor in the definition of modern civilisation and constitutional democracies in the twenty-first century. The activities of the police remain central to the perception of human rights under municipal and international law according to the policies of the state-party. This article sets out to examine the provisions of the ‘new’ Police Force (Establishment) Act 2020 with a view to identifying the safeguards put in place by the law for strengthening the promotion and protection of human rights in Nigeria. It identifies factors which have contributed to inefficient policing and ever-increasing cases of human rights violations by the police and recommends sticking with the extant legal reforms for a better Nigeria Police Force. The Act introduces provisions such as mandatory accountability mechanism, abolition of use of force or torture to obtain statements from suspects as well as the requirement for the presence of a legal practitioners during a suspect’s interrogation, among others. The doctrinal research method is adopted in analysing statutory provisions and judicial precedents to assess the alignment of policing procedures with constitutional guarantees in line with global best practices. It is observed that despite the wide discretion afforded the Nigeria Police in the discharge of their duties which should boost the observance of human rights, the police abuse these discretions with the end result of serious violations of citizens’ rights which are guaranteed under the constitution. The article concludes that fostering a human-rights-based approach in the discharge of police duties alongside a stringent enforcement of the Police Act 2020 is imperative to sustaining lasting, far-reaching reforms.
The law and the agitation for state police in Nigeria: Any point of convergence? Ehirim, Ugochukwu Godspower; Eda, Ogheneosume; Ehirim, Nwanneka Flora; Owoyele, Adeyinka Koiki
Jurnal Hukum Novelty Vol. 16 No. 1 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i1.28861

Abstract

Introduction to the Problem: Every major security breach or threat to lives and property in any federating state of Nigeria renews the agitation for the creation of state police in Nigeria. The unitary command of the Nigeria Police Force (NPF) in a constitutional federalism such as Nigeria can at best be an aberration given the expansive unpoliced spaces within the country with their unavoidable security consequences. Purpose/Study Objectives: This paper makes a constructive appraisal of the policing challenges in Nigeria, identifying the centralised command of the NPF as a major obstacle to effective policing in Nigeria. Design/Methodology/Approach: Adopting the doctrinal research methodology, the paper evaluates the current policing structure and its effectiveness. Findings: The paper finds that there is a need to unbundle the NPF, justifying the desirability for the establishment of autonomous state police as an ingredient of true federalism. It recommends the amendment of Sections 214 and 215(4) of the Constitution of the Federal Republic of Nigeria 1999 (CFRN) to align with the provisions of Section 176 of the CFRN and subsisting case-law authorities. Paper Type: Research Article
Strengthening Human Rights Protection in Nigeria: Safeguards Under the Police Act 2020 Ehirim, Ugochukwu Godspower; Ossai, Morrison; Aloamaka, Patrick Chukwunonso; Ehirim, Nwanneka Flora
Khazanah Hukum Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.39569

Abstract

The concept of Human Rights has become a critical factor in the definition of modern civilisation and constitutional democracies in the twenty-first century. The activities of the police remain central to the perception of human rights under municipal and international law according to the policies of the state-party. This article sets out to examine the provisions of the ‘new’ Police Force (Establishment) Act 2020 with a view to identifying the safeguards put in place by the law for strengthening the promotion and protection of human rights in Nigeria. It identifies factors which have contributed to inefficient policing and ever-increasing cases of human rights violations by the police and recommends sticking with the extant legal reforms for a better Nigeria Police Force. The Act introduces provisions such as mandatory accountability mechanism, abolition of use of force or torture to obtain statements from suspects as well as the requirement for the presence of a legal practitioners during a suspect’s interrogation, among others. The doctrinal research method is adopted in analysing statutory provisions and judicial precedents to assess the alignment of policing procedures with constitutional guarantees in line with global best practices. It is observed that despite the wide discretion afforded the Nigeria Police in the discharge of their duties which should boost the observance of human rights, the police abuse these discretions with the end result of serious violations of citizens’ rights which are guaranteed under the constitution. The article concludes that fostering a human-rights-based approach in the discharge of police duties alongside a stringent enforcement of the Police Act 2020 is imperative to sustaining lasting, far-reaching reforms.
Co-Authors Aloamaka, Patrick Chukwunonso Eda, Ogheneosume Ehirim, Ugochukwu Godspower Ossai, Morrison Owoyele, Adeyinka Koiki