The Metamorphosis of the Special Anti-Robbery Squad (Sars)
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THE METAMORPHOSIS OF THE SPECIAL ANTI-ROBBERY SQUAD (SARS) Emem Ekpenyong Introduction Historical Evolution of the Nigeria Police Force The Police Force of Nigeria came into existence with a thirty-member consular guard that was formed in Lagos colony in 1861. In 1879, a one thousand two hundred member armed Hausa Constabulary was formed.1 In 1896, the Lagos police was established.2 In 1894, a similar force, the Constabulary of Niger Coast was established in Calabar with the newly announced protectorate of the Niger Coast.3 In 1888, in the northern part of the country, the Royal Niger Company created the Constabulary of Royal Niger Company, and its headquarters was situated in Lokoja.4 In the early 1900s, when the Northern and Southern Nigeria protectorates were declared, part of the Constabulary of Royal Niger Company became the Northern Nigeria Police and part of the Constabulary of Niger Coast formed the Southern Nigeria Police.5 Although the northern and southern protectorates were amalgamated in 1914, the police forces in the north and south were not merged till 1930.6 Upon the merger of the forces in 1930, its headquarters was situated in Lagos.7 1 N Adegoke, ‘The Nigeria Police and the Challenges of Security in Nigeria’ (2014) (3)(6) Review of Public Administration and Management 2 Ibid 3 ibid 4 Anonymous, <https://fas.org/irp/world/nigeria/npf.htm> accessed 1 November 2020 5 Ibid 6 Ibid 7 Ibid In the colonial era, most police officers connected with the local authority.8 The colonial masters established the police institution for the purposes of advancing their commercial interest against the indigenes. The police was a tool of oppression deployed by the colonialists to subjugate the indigenous people.9 In the 1960s, during the First Republic,the police forces were divided into regions and then nationalized.10 The key function of the police force was to provide supportive services to prisons, immigration and customs officials.11 NPF officers were usually unarmed and only carried weapons for certain assignments and missions.12 In 1989, the Ibrahim Babangida’s regime announced that all police officers who were hitherto deployed to different parts of the country, were to be re-deployed to their native area to promote police-community relationship.13 Towards the wee days of 1986, the Nigeria Police Force was restructured nationwide into seven area commands 14 and five directorates.15 What triggered the restructuring was the need to quell the tension that was brewing between the police and the 8 Adegoke (n 1) 9 Ibid 10 E Soriola, ‘Top Facts from the History of Nigeria Police Force’ <https://www.legit.ng/1215405-brief- history-nigeria-police-force-interesting-facts.html> accessed 1 November 2020 11 Ibid 12 ibid 13 Ibid 14 ibid 15 The directorates were logistics, supplies, training, operations and criminal investigations. army.16 The police accused the army of usurping her functions, and consequently keeping the police salary low.17 A number of senior police officers were adversely affected by the reorganisation.18 They were dismissed from the force. The re-organised commands were headed by a commissioner of police. The commands were further divided into provinces and divisions and under the supervision of local officers.19 Prior to 1989, the NPF was under the operational and administrative authority of the IGP, who was appointed by the President. The IGP was assisted by the deputy IGP and at the State level by Commissioners of Police.20 The 1979 Constitution provided for a Police Service Commission.21 In 1989, the Babangida’s regime scrapped the Police Service Commission and replaced it with the Nigeria Police Council.22 The Nigeria Police Council came under the direct control of the President. In that same year, the NPF underwent another re-organization. It organized a quick intervention force in every State. The mobile police units were established. The primary mandate of the mobile police unit was to monitor political events and suppress unrest during the transition to civil rule. As of today, Nigeria Police Force (NPF) is the principal law enforcement service. It is currently under the leadership of Mohammad Abubakar Adamu. Statutory Framework Establishing the Nigeria Police Force (NPF) Section 214 of the Constitution23 provides for the Nigeria Police Force. The statutory framework regulating the police is the Nigeria Police Act 2020. It was passed into law by President Buhari on 16th September, 2020. The new Act repeals the Police Act, Cap P19 16 Anonymous (n 4) 17 Ibid 18 Ibid 19 Ibid 20 Ibid 21 Soriola (n 10) 22 Ibid 23 Constitution of the Federal Republic of Nigeria 1999 (as amended) Laws of the Federation of Nigeria 2004. The general objectives of the Act as captured in this preamble is to provide for a more efficient and effective police service that is based on the principles of accountability and transparency, protection of human rights and fundamental freedoms and partnership with other security agenda.24 The specific function of the Act is to provide for a police force that is more responsive to the needs of the general public and whose operations are based on values of fairness, justice and equity. Other specific functions of the Act include the repositioning of the police force to uphold and safeguard the fundamental rights of every person in Nigeria in its operations, bringing about positive change in how the public perceive the police force, ensuring the police performs its functions in a manner that is sensitive to the needs and well-being of the general public, empowering the police to effectively prevent crimes without threatening the liberty of persons in Nigeria, strengthening the police force in the execution of its functions, developing professionalism in the police force by providing relevant training in all police formations in Nigeria for enhanced performance and respecting the rights of victims of crimes and understand their needs.25 The primary functions of the police are provided for in section 4.26 The police is mandated to protect and promote the fundamental rights of inmates in police custody.27 The highest policy making body in matters relating to the police force is Nigeria Police Council.28 The responsibilities of the Inspector General of Police (IGP) are stipulated in section 9 of the Act and some of his responsibilities include ensuring regular training and re-training of police officers, ensuring the physical, mental and psychological 24 Nigeria Police Act 2020 s 1 25 Ibid s 2 26 Ibid s 4. Preventing and detecting crimes; protecting the constitutional rights and freedom of persons living in Nigeria; maintenance of public safety, law and order; protection of lives and property of all persons living in Nigeria etcetera 27 Ibid s 5 28 Ibid s 6 The council is comprised of the President who is the Chairman of the Council, the Governors of every State, the Chairman of the Police Service Commission and the Inspector General of Police. well-being of all police personnel and seeing to the welfare and conditions of service of police personnel. The powers of the police are enumerated in Part VII of the Act. It is empowered to investigate allegations of crime and report its findings to the Attorney General of the State for legal advice.29 The police is empowered to make arrest of suspects alleged to have committed a crime, provided it does not arrest a person who committed a civil wrong.30 The Act empowers the police to touch or confine the body of the person to be arrested except the person submits voluntarily.31 The police can only handcuff, bind or restrain a suspect if there is reasonable apprehension of violence or attempt to escape. A suspect can also be handcuffed if the restraint is considered necessary for the safety of the suspect or if the court orders the restraint.32 The Act mandates a police officer to immediately inform a suspect of the reason for his arrest. But if the suspect is arrested in the course of committing the offence or is pursued immediately after the commission of the offence, then the need to inform him of his crime can be dispensed with.33 The police making the arrest must inform the suspect of his right to remain silent or avoid answering questions without consulting a legal practitioner of his choice. The authority having custody of a suspect must notify the suspect’s next of kin or relative of the suspect of the arrest of the suspect at no cost to the suspect.34 The police is forbidden from arresting another person in place of a suspect.35 A suspect is entitled to be accorded humane treatment and his right to dignity of human person must be respected. He shall not be subjected to any form of torture, cruelty or degrading treatment.36 Section 38 provides circumstances in which the police can arrest 29 Ibid s 31 30 Ibid s 32 31 Ibid s 33 32 Ibid s 34 33 Ibid s 35 34 Ibid s 35(3) 35 Ibid s 36 36 Ibid s 37 without warrant.37 A private individual can arrest a person whom he reasonably suspected to have committed an offence or committed an offence in his presence, if the offence is one a police can arrest without warrant.38 When a private person makes an arrest, he shall immediately hand over the suspect to the police or the nearest police station.39 Upon arresting a suspect his photograph, fingerprints impressions and any other means of identifying him must be captured and recorded within forty-eight hours.40 The Act makes provisions for the electronic recording of confessional statement in a retrievable video or audio visual means.41 The Inspector General of Police is mandated to remit quarterly reports of the number of arrests made in relation to federal offences.