President Buhari on September 16, 2020, signs the new Police
Act 2020 into law and this replaced the old Police Act, CAP P.19, LFN, 2004.
Below are the high points of the new amendments that every
Nigerian should be aware of:
1) Section 66(1) of the Police Act 2020, ONLY a Police
Officer who is a LEGAL PRACTITIONER, can prosecute. Police Officer who is NOT a
LEGAL PRACTITIONER cannot prosecute unlike the Old Act that gave non-Police
lawyers prosecutorial power.
2) Just like in the movies, Nigeria 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 Sec. 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. See Sec. 32(1).
4) The Act prohibits the Police from arresting anyone based
on a civil wrong or breach of contract. See Sec. 32(2).
5) The Act equally prohibits the arrest of any person in
place of a suspect. See Sec. 36.
6) The Act makes it mandatory on the police officer or any
other person authorized to effect an arrest to inform the suspect 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.
See Sec. 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. See Sec. 35(2)(b)
iii. Free legal representation by the Legal Aid Council of
Nigeria or other organizations where applicable. See Sec. 35(2)(c).
7) The Act also makes it mandatory on the Police to notify
the next of kin or relative(s) of the suspect immediately after the arrest of
the suspect. See Sec. 35(3).
8.) A suspect shall be accorded humane treatment. And a
suspect shall not be subjected to torture, cruelty, inhumane or degrading
treatment. See Sec. 37.
9) The statement of a suspect can be taken only when he
wishes to make a statement. See sec. 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. See sec. 60(2).
11) Where a suspect is arrested and detained for more than
24 hours, if the offence he was arrested for is not a capital offence, his
lawyer or relatives can notify any court that has jurisdiction to try the matter
about his arrest. See sec. 64(1).
12) The notification can be made in writing or orally. See
sec. 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. See sec.
68(1).
14) Where a suspect refuses to allow the Police to take his
measurements, photograph and fingerprint impressions, the Police can apply to
court compel the suspect to submit himself. See sec. 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 warrant in his jurisdiction, whether the suspect have
been admitted to bail or not. See sec. 69(1).
KNOW YOUR RIGHT AS A CITIZEN OF THIS GREAT NATION. DON'T LET
NO POLICE OFFICER HARASS OR INTIMIDATE YOU!
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