Abstract
This study examined police brutality and the Nigerian Youths. The issue of police brutality is a serious one in Nigeria that demands the attention of the government, stakeholders, and relevant agencies to curb the menace in the society. The use of torture by Police as interrogative technique and other wanton abuses of human rights remain some of the major flaws of the Nigeria Police Force which has attracted public odium, opprobrium, and condemnation to the Force. Despite the country prohibitions against torture and custodial misconduct by the police, torture has been reported as being commonly used in police custodies across various police stations in Nigeria, which is a major reason behind several deaths in custody.
The research objectives were to; identify the fundamental human rights being infringed upon through Police brutality; assess the causes of police brutality in Nigeria; find out the penalties of Police brutality in Nigeria; and to examine the #Endsars movement in Lagos State, Nigeria. This research work made use of qualitative source of data, through which data were gathered using journals, reports, articles, newspapers, treaties, textbooks and various statutes which would be obtained from online sources.
The findings showed that, police brutality had infringed on the basic human rights of the people, which includes their right to life, right to liberty, right to privacy and family life, and freedom from torture and cruel, inhuman and degrading treatment. The finding also showed that, poor remuneration, poor working condition, lack of adequate training, and insufficient equipment which bred frustration, aggression and inefficiency are factors identified as the causes of police brutality in Nigeria.
The study recommends that, the government should revisit the Constitution of the Federal Republic of Nigeria in order to strengthen the rights of an innocent Nigerian. Also, the government needs to commence intensive human rights training for all law enforcement officers in Nigeria. The Nigeria Police should be adequately remunerated in order to enhance their efficiency and to stop the harassment of innocent looking youth.
CHAPTER ONE
INTRODUCTION
1.1. Background to the Study
What is Police Brutality?
The term “police brutality” is sometimes used to refer to various human rights violations by police. This might include beatings, racial abuse, unlawful killings, torture, or indiscriminate use of riot control agents at protests. (International)
Types of misconduct and police brutality emerge fromthe following: coerced false confession, intimidation, false arrest, false imprisonment, falsification of evidence, spoliation of evidence, police perjury, witness tampering, police mistreatment, police corruption, racial profiling, unwarranted surveillance, unwarranted searches. The word brutality means an act of being cruel, harsh, and usually violent treatments of another person. In essence Police Brutality is the mistreatment of individuals without the proper backing of the court or without following due process. Due process involves the legal requirement that the state must respect all legal rights that a person possesses once there is life involved. It is the right and fair treatment of a citizen within the laws of a government’s legal system.
The rate at which citizens of Nigeria are complaining of police brutality and harassment is very alarming. According to the Nigerian constitution, the International Human Rights law alongside the International Humanitarian Law every individual whether young or old regardless of their social status should be treated rightly and justly with respect. Like most other police units, the Nigeria Police Force (NPF) has huge obligations and responsibilities allotted to it by the Nigerian Constitution and the Police Act. The Nigerian Police Force is a creation of the constitution. It has a unitary structure even though Nigeria is a Federation. The powers and duties are conferred on it by the constitution and by other enactments. In relation to the Nigerian Constitution, it provides: “The members of the Nigerian Police Force shall have such powers and duties as may be conferred on them by law” by the stated provision, constitutional validity is given to such enactments as the Police Act and other laws like the Criminal Code, penal code, prevention of crime Act, criminal procedure Act, Administration of criminal justice Act, child rights Act, federal highway Act, Electoral Act, Firearms Act etc. Which have all conferred enforcement powers on the Police force. It should be noted that the list above is not exhaustive as there are still other numerous Federal and State enactments that have vested the police with the power of enforcement, (Nwauzi, 2018).
There are various obligations done by the police however which are not particularly listed in the obligations set around the Police Act. These include traffic control, counsel to disputants and guilty parties, crisis help as in putting out fires and emergency vehicle administrations, (Amadi, 2000). Others include escort to people and banks exchanging immense entireties of money starting with one area then onto the next and monitor obligations in banks and open structures lodging sensitive materials and gear, and additionally protecting houses of remarkable figures, for example, Judges and best government officials, (Igbo, 2007).
1.2. Statement of the Problem
Police 'brutality' is a standout amongst the most genuine kinds of abuse of police powers. This manhandle is said to "happen most habitually amid arrest, if and when it happens", (Watchorn, 1966). Example of such brutality is physical violence. In physical abuse, suspects might be pounded, physically struck and tormented. They might be subjected to electric stuns, bound, consumed with cigarette lights, tear-gassed and these may sometimes eventually lead to death. This is 'man's brutality to man'. Nigeria's Inspector General of Police (IGP) declared in July 2015 that the police specialists were looking into Force Orders, including the famous Force Order 237, which approves police officers to shoot suspects and prisoners who try to avoid arrest or escape (regardless of whether they represent a danger to life). The IGP additionally reported that in recent years, the police had paid almost 1 billion Naira (US $5million) to casualties of human rights infringement by the police(International). This in turn leads to the loss of fundamental human rights of the citizens, loss of workforce and even apprehension by citizens. Therefore, the citizens have scorned the notion that “Police is your friend”, which will eventually lead people to not want to have anything to do with the police in general. Why are the police in charge then if they cannot do their job well?
1.3. Objectives of the Study
The main objective of this research study is to examine the causes of Police Brutality in Nigeria with specific reference to the Nigerian Police Force. The specific objectives are to:
- i. identify the fundamental human rights being infringed upon through Police brutality.
- ii. assess the causes of police brutality in Nigeria
- iii. find out the penalties of Police brutality in Nigeria
- iv. examine the #Endsars movement in Lagos State, Nigeria.
1.4. Research Questions
Based on the research objectives above, the following research questions are poised.
- What are the fundamental human rights infringed upon by Police brutality?
- What are the causes of police brutality in Nigeria?
- Are there any penalties for police brutality in Nigeria?
- To what extent is the impact of the #Endsars movement in Lagos State, Nigeria?
1.5 Significance of the Study
The importance of this study is to give a clear understanding to the general public on police brutality in Nigeria, which is one of the projecting social issues in our time, and to draw the attention of the policy makers to know the reality of the citizens of Nigeria and to act right and call the police and angered citizens to order.
Furthermore, it is believed that, the findings of this study will be relevant to the government authorities and policy makers in order to formulate policy that will guide the activities of the Nigeria Police Force
This study will also benefit the people of Nigeria by letting them know about their legal rights and providing knowledge on police brutality to increase their awareness on social issues.
It will also benefit future researchers who are interested in studying the same topic. This research can give information and can serve as an additional reference to similar concerns.
1.6. Scope of the Study
The study focused on the causes of Police Brutality in Nigeria with specific reference to the Nigerian Police Force. The scope of this study is the basic qualitative design to extract in-depth and pertinent information. The study is confined to youths who are victims of police brutality in Lagos State, Nigeria from 2015-2020.
1.7. Methodology
The research methodology that would be used in this study is the qualitative research method, through which data will be gathered from journals, newspapers, books, interviews, video clips, twits etc.
1.8. Limitations of the Study
Time Constraint: The researcher would engage in this study with other academic obligations. This may therefore reduce the amount of time devoted for the research work.
1.9 Operational Definition of Terms
Police: is the civil force of a state, responsible for the prevention and detection of crime and the maintenance of public order.
Brutality: behavior that is very cruel or violent and showing no feelings for others or mankind.
Police Brutality: is the unwarranted or excessive and often illegal use of force against civilians by police officers.
Reactions: a person's ability to respond physically and mentally to external stimuli.
1.10 Organization of the Study
Chapter one of this research work is an introduction which includes the background of the study, the statement of problem, the objectives of the study, research methodology, research questions, the significance of the study, the scope and the limitations of the research work.
The chapter two deals with the literature review which involves the going over of scholarly works. It explains what police brutality is and how it is a breach of fundamental human rights.
The chapter three focuses on the police, its functions, and the basis and limitations of its power i.e., the source they derive their powers from, limits to it and the forms in which they engage in police brutality and the reaction of the youths in Lagos.
Chapter four talks about the effects of Police Brutality, what causes the Police to engage in brutalities, what the law says about police brutality and the reactions of citizens who find themselves in this situation.
Chapter five entails the summary, conclusion and recommendations as well as solutions to the identified problems.
