The Police Force of Enugu and the Impact of the New Police New Police Act 2020

The Nigerian Police force is the first line of defense and should be well structured, very informed to tackle the everyday issues that are present in every community of the country.

The Enugu State Police Command plays a very vital role in ensuring the peace and security of members of its commune. And apart from stomping out insecurity, the Enugu Police Command has made it a mandate to curtail drug abuse and enforce order in the state.
Earlier in the year, the Commissioner of Police for the state, Mr. Mohammed Aliyu, said that the Command recovered a total of 10 firearms of assorted rifles.

The commissioner, according to The Guardian, said that the suspects, 37 in number, were arrested for offenses ranging from armed robbery, kidnapping, cultism, unlawful possession of firearms, child trafficking, car and phone theft, burglary among others.
Aliyu said that the achievement was recorded with the joint effort of officers of the National Drug Law Enforcement Agency, Federal Road Safety Corps, and the Neighbourhood Watch Groups in the state.
However, the police force is still met with mishaps in the line of duty.
In June of this year, the governor of Enugu State, His Excellency Ifeanyi Ugwauanyi paid a condolence visit to the widows of policemen shot in the line of duty by unknown gunmen.
The Public Relations Officer of the state Police Command, ASP Daniel Ndukwe, had earlier in a statement issued in the wake of the dastardly act, disclosed that preliminary investigations on the matter had commenced.

Despite the efforts of the state command and various other security parastatals in the country, there is always room to fan into a fire the flame of improvement.

THE 2020 POLICE ACT
On September 17, 2020, President Muhammadu Buhari signed the Nigeria Police Bill 2020 into law. This Act repeals the Police Act Cap. P19, Laws of the Federation, 2004 and enacts the Nigeria Police Act, 2020 to provide for a more effective and well-organized Police force driven by the principles of transparency and accountability in operations and management of resources.
The Act also establishes an appropriate funding framework for the Police force in line with what is obtainable in other federal government key institutions in the bid to ensure that all police formations nationwide are appropriately funded for effective policing.
Below are the high points of the new amendments that every Nigerian should be aware of:

Section 66(1) of the Police Act 2020, ONLY a Police Officer who is a LEGAL PRACTITIONER, can prosecute.
Police Officer who is NOT LEGAL PRACTITIONER cannot prosecute, unlike the Old Act that gave non-Police lawyers prosecutorial power.

2) Nigerians can now have private detectives who are not employed by the government. The Nigeria Police Force is responsible for vetting and approving the registration of Private Detective Schools and Private Investigative Outfits. See Section 4(i).

3) The Police is mandated to report the findings of its investigation to the Attorney General of the Federation or State as the case may be. Section 32(1).

4) The Act prohibits the Police from arresting anyone based on a civil wrong or breach of contract. Section 32(2).

5) The Act equally prohibits the arrest of any person in place of a suspect. Section 36.

6) The Act makes it mandatory on the police officer or any other person authorized to effect an arrest to inform the suspect of his rights to:
i. Remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice. Section 35(2)(a).
ii. Consult a legal practitioner of his own choice before making, endorsing, or writing any statement or answering any question put to him after the arrest. Section 35(2)(b)
iii. Free legal representation by the Legal Aid Council of Nigeria or other organizations where applicable. Section 35(2)©.

7) The Act also makes it mandatory for the Police to notify the next of kin or relative(s) of the suspect immediately after the arrest of the suspect. Section 35(3).

8.) A suspect shall be accorded humane treatment. And a suspect shall not be subjected to torture, cruelty, inhumane or degrading treatment. Section 37.

9) The statement of a suspect can be taken only when he wishes to make a statement. Section 60(1).

10) The statement, where the suspect wishes to make one, MAY be taken in the presence of a legal practitioner or any other person or organization of his own choice. Section 60(2).

11) Where a suspect is arrested and detained for more than 24 hours if the offense he was arrested for is not a capital offense, his lawyer or relatives can notify any court that has jurisdiction to try the matter about his arrest. Section 64(1).

12) The notification can be made in writing or orally. Section 64(3).
“The court SHALL order the production of the suspect and inquire into the matter. Where it is convinced that the suspect should be released on bail, the court shall admit him to bail.”

13) The Police are mandated to take the photographs and fingerprint impressions of all suspects who are in lawful custody. Section 68(1).

14) Where a suspect refuses to allow the Police to take his measurements, photograph, and fingerprint impressions, the Police have the right to apply to court compel the suspect to submit himself. Section 68(2).

15) On the last working day of every month, an officer in charge of a police station must report to the nearest magistrates the cases of all arrests made without a warrant in his jurisdiction, whether the suspect has been admitted to bail or not. Section 69(1)
Now, these amendments are timely and apt.

The problem is how do we ensure that it is enforced and applied. Civil society groups, Human Rights Activists, Lawyers, Comrades & good citizens; must fight for these rights.