POLICE BRUTALITY AND RULE OF LAW IN NIGERIA

Approaching the police station, the first sign that welcomes you is ‘THE POLICE IS YOUR FRIEND’ but really is the police my friend? Is the police your friend? Is the police truly our friend? All this questions come up, but most times the answer is towards the negative. This is due to many cases of brutality by the Nigerian Police.

According to the legal dictionary, the term Police brutality refers to the use of unnecessary or excessive force by police officers when handling civilians. The Police are known to enforce law and maintain public order but most a times in Nigeria, the opposite is the case, rather than maintaining public order the police are seen causing chaos based on how people are treated. When Police officers are seen at crime, accident or problem scenes they are seen taking the law into their hand,therefore most people are afraid of inviting or including them in their activities.

        Rule of law on the other hand primarily refers to influence and authority of law within society particularly as a constraint upon behavior including behavior of government officials.    Rule of law implies that every person is subject to the law including law makers, law enforcement officials and Judges. Rule of law has three principles:

i)                    Supremacy of the law: This means that the law is above everybody in the country; it has predominance or supremacy over everyone living within the confines of the country.

ii)                  Equality before the law: This implies that everyone is equal before the law, whether the president, government officials, law officers etc. The law is no respecter of anyone.

iii)                The principle of individual right: The principle states that everyone has fundamental rights. If the law is seen to work well it must secure the rights of citizens. Everyone has the right to life, no person shall be subjected to torture or to any form of degrading treatment.

      The fundamental human rights are important and they are not just mere rights. As Nigerians, our rights are provided under the 1999 constitution. One of these important rights include the Right to dignity of human person which is written in the section 34 of the constitution states that “Every individual is entitled to respect for the dignity of person and accordingly no person shall be subject to torture or to inhuman or degrading treatment” .Unfortunately, the so called Nigerian Police directly violate this right which was clearly written for the purpose of protecting the rights of the citizen.

        In Nigeria today, there are so many cases of police brutality that needs to be addressed with immediate effect. More appalling is the fact that innocent civilians are being mindlessly tortured and a times a death case recorded. Most of these reasons are so trivial that they leave a person wondering if the conscience of the police is non-existent. An example is a viral video clip which was circulated on the 18^th of April, 2014 showing a uniformed Police officer brutalizing two women. This video showed a woman being dipped severally in mud water and later had a rife to her head by the officer. The police officer, later identified as Tafa Mohammed, threatened onlookers by releasing a shot in the air after which he went on to assault another woman in the vicinity. The reason behind this inhuman treatment meted out on these women was discovered to be the refusal of the first woman to give Officer Mohammed a piece of fish from her restaurant. The officer received back up from his colleagues who ensured he left safely.

        These officers are clearly power drunk and unfit to be charged with the responsibility of protecting lives and enforcing the law. Thanks to the advent of the social media which facilitates the spread of these clips and pictures so they can gain required attention and populace who in turn advocate for the rule of law to prevail. It is ironic how those who need protection are even subjected and prone to more danger in the presence of the supposed protectors.

        In various cases where the victim of police torture or other ill-treatment attempt to seek justice, the authorities take no action and when asked to explain why no police officers have been suspended or prosecuted for torture, they simply deny that any torture has taken place. In December 2014, the Nigerian Police launched a  human rights manual which prohibits torture and other ill-treatment of detainers but it has been successfully forgotten.

        Police brutality is a stain on the Nigerian society and must be addressed with clear legislation that ensures that all acts of torture are offences under Nigerian criminal law. All victims have a right to reparation and the rule of law has to take its cause because no law enforcement official can be said to be above the law.