A critical review of the regulatory framework for police accountability in the Nigeria’s justice system

Abstract

The Police are recognised all over the world as one of the major instruments of enforcing law and order in society. By this function, the police are often empowered by the law to carry out this responsibility. The Nigeria Police Force (NPF) is constitutionally recognised to carry out the functions of policing in Nigeria. Thus, the police are endowed by the Constitution and other recognised laws with powers of surveillance, arrest, seizure, interrogation, detention, bail and prosecution of offenders, among others These powers are further expanded by the discretions enjoyed by the police in law enforcement- which include when to arrest, who to arrest, where and whom to search, and how much force to be used in any particular case. In the exercise of these wide powers and discretions, there is a natural tendency that the police personnel may act contrary to the dictates, discretions and beyond the" powers conferred by the law. Hence, there are measures put in place to checkmate the excessive or misuse of police powers, authority and discretions. There are - basically two categories of police accountability measures or framework for controlling the use of the powers conferred on the police. These may be external to the police organisational framework, or may be internal mechanisms adopted by the police authority itself to regulate its functions, in order to ensure its accountability. It is the purpose of this work to review these two methods of police accountability and determine their effectiveness and therefore suggest the way forward.