HOW TORTURE AND THE POLICE CELL SYSTEM VIOLATE JUSTICE IN THE

CRIMINAL INVESTIGATION PROCESS IN NIGERIA

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Abstract

Nigeria is a country where serious cases of abuse of police authority and human rights infringements by

security agents often stimulate intense public debate. Though there have been consistent denials by the

leadership of the Nigerian Police on the use of torture-based interrogations to elicit information from

arrestees, extant literature affirms that the police rely on different forms of torture as principal means of

investigation. This paper appraised the recurrent problem of brutality and abuse of human right by the

Nigerian police. Triangulating both quantitative and qualitative methods of data collection which

included questionnaires administered on 1000 accidentally selected inmates, 50 purposively selected in-

depth interviewees and 10 officials of the five prisons in Ogun State who were key informants. The

study found that the police rely heavily on the use of torture to elicit “confessions” from arrestees.

Former detainees reported experiences that included being bound and suspended midair in painful

positions, kicked and beaten with machetes, gun butts, boots, fists, electrical wires, animal hides, and

other instruments. The lack of capacity to conduct proper criminal investigation is responsible for the

reliance of the police on torture induced confessions. Therefore, there is need for the government to

improve on the capacity of the Police in their investigative responsibilities and encourage

professionalism amongst its rank and file.

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 CHAPTER ONE

INTRODUCTION

1.1 Background of Study

In most countries, it has been accepted that democracy is the only system of government that seeks to

protect individual liberty and guarantee the fundamental rights of all. The pursuit of these rights is

however not absolute as there exist state institutions like the police whose mandate is to maintain law

and order and curtail the citizenry‟s excesses within constitutional means hence:

Police power is the exercise of the sovereign right of government to promote order, safety, health,

morals, general welfare within constitutional limits and it is an essential attribute of government.‟

Indeed, the police are the outward civil authority of the power and might of a civilized country. The

generality of the public is potentially affected one way or another by their action or inaction

What this presupposes is that while democracy allows or guarantees freedom, the police as an institution

policed that freedom and in carrying out this function, they are expected to operate within existing

democratic norms, else the essence of democracy becomes defeated. This is because the role of police

and the existence of these norms remain the standard benchmark in ascertaining an acceptable

democratic system. As a result, most of the policing applications that are classified as democratic

policing practices in an ideal society are designed to ordinarily promote democratic principles and

human rights. In Nigeria however, many dilemma arose concerning the way and manner the police carry

out its statutory responsibilities. Top on the striking balance of this is the need to respect the inalienable

rights of citizens while carrying out their legitimate duties. These duties ought to be performed within

the context of existing rules duly fashioned and recognized. It is however regrettable that despite more

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than a decade of democratic governance, Nigerians are still faced with lots of human rights abuses in the

hand of the police. Contrary to what democracy represents, the police is still largely authoritarian in

nature[2] . McCulley[3] opines that the state of human rights violations by police officials is becoming

a culture of impunity and this includes arbitrary arrest, extra-judicial killings, illegal detention and

destruction of property by security forces etc. The question therefore is how democratic is the Nigeria

Police Force and how well have they imbibe democratic policing principles? What is their response

level with regards to the observance of human rights since 1999? It has been correctly pointed out that

the police have not performed well in this regard.

The Guardian editorial opined:

The truth is that the police system in Nigeria is decadent at several levels, not least of which is the tunnel

vision of our police men in their operational approach to investigations and the treatment of suspects and

detainees. Driven by overwhelming corrupt tendencies, they are rooted to a mixed bag of torture tactics

that have nothing to do with the enforcement of the law or the promotion of justice… Nigerians know

too well that whether accepting commissions from individuals or groups to settle scores against

antagonists, opponents or offenders, whether hounding persons or groups in the name of the state or

making suspects plead guilty to a crime not committed in order to be saved from police brutality, or

whether committing sexual violence against female detainees, our police are adept to making life hell on

earth for their victims.

Reuben Abati observed further:

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…the Nigeria Police Force is one of the most unpopular institutions in Nigeria today; it is distrusted by

the same people whose lives and property it is meant to protect, and this has resulted into a resort to self-

help in many ways. Every year, the Amnesty International and Human Rights Watch as well as local

civil society organizations report on many cases of police brutality, police inefficiency and corruption.

The crime rate is on the increase and the police have proven to be helpless and overwhelmed. This has

been so in nearly every instance, be the matter of armed robbery, kidnapping, ethno religious violence or

financial fraud. It is also generally regarded as a corrupt police force with policemen collecting bribes

openly and showing tendencies of thuggery and mendicancy. It is so bad that rich persons hire the police

for all kinds of unlawful purpose, or simply as bodyguards to oppress the less privileged.

1.2 Statement of problem

some arguments point out certain contradictions between what is proposed and what can be realistically

done. Victims may still be marginalized and not given appropriate consideration, even though the

Government is suggesting oppositely. The White Paper has been criticized for offering little tangible

effects and benefits in victim’s rights and remedies, and for its rhetorical, rather than substantial nature

(Goodey, 2005; Jackson, 2003; Sanders & Young, 2007). Equally, the criminal justice system can

appear too complex, unfamiliar and bureaucratic to victims which could result in difficulties to realize

the plans to put victims at its heart 4. Needless to say, the language of the victim-orientated agenda is

likely to appeal to the public, and possibly influence voters in the political competition. As some put it,

there is always ‘room for doubt about politicians’ motives in drawing attention to victims’

(Williams, 1999: 13). Furthermore, practical reality of provisions to victims has to be distinguished

from the theoretical side. Various policies can be introduced, but there may be problems with their

implementation. Laws may be passed, but not enforced. Hall (2009b) explains that some reforms may be

5
genuinely targeted at assistance to victims, some are grounded in different concerns and accidentally

help victims, and the rest is only rhetorical with other aims. The government may want to claim credit

for supporting victim, and thus increase public confidence and ensure victims turn up to give evidence

(Dunn, 2007). It is apparent that politics has its part in the victim- focused programme.

What may seem a simple program to advance the victim’s position at first glance, is in fact a part of a

continuous change within the wider political and social settings with many underlying factors. The

growing awareness and current concentration on victims, as well as the publication of Justice for All

were the initial reasons that determined the topic for this dissertation. The methodology of the

dissertation is based on secondary research. By conducting a review of selected literature, journal

articles and governmental publications concerning victims, the focus of the paper was refined to a few

issues arising from the literature and believed to be important in the debate about victims. The paper

aims to critically analyze the position of the victim and draw conclusions in regard to its alleged

placement at the heart of the criminal justice system.

1.3 Research Questions

1. to explain criminality and the Nigerian Justice system.

2. to explore the relationship between the criminals and traditional criminal justice

3. to investigate the criminal torture and the Nigeria police cell system in the criminal investigation

process

1.4 Justification of study

Constant and consistent reports are received from lawyers, human rights activists, social analysts, and

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journalists about police regularly demanding bribes, stealing, extorting money and engaging in different

forms of brutality and abuse of rights (Amnesty International, 2014; Aborisade & Fayemi, 2015).

However, not many empirical studies have been conducted to detail out the manner of abuse and

systematic brutality that arrestees are exposed to while in police custody. This may largely be due to the

difficulty in gathering data on the subject matter from police departments across the country as a result

of the “code of silence” with which such matters are treated. This informs the

decision to engage prison inmates in this present study as detainees in police custody and police officers

may be economical with the truth on the use of torture and other forms of violence by the police. In

addition, this present study aims to explore and expose the investigative techniques deployed by the

police and the manner of relationship of the men of the Force with their arrestees in the light of the

accusations and denials that have trailed the issue of brutality and abuse of human rights of the police.

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 CHAPTER TWO

LITERATURE REVIEW

2.1 PUBLIC AWEARENESS AND POLICING ACTIVITIES

A major reorganization of law enforcement agencies according to Hahn (1976) might provide

policemen with the active public support that they need for the effective performance of their

duties. To successfully fulfill their responsibilities, the police force may be required to place increasing

emphasis upon community service activities rather than to launch isolated or limited departmental

programs for improving police public relations. Similarly, police officers cannot depend solely upon a

general climate of favorable perceptions; they must also gain public respect and confidence. Unlike the

tasks of many governmental bureaus, the law enforcement functions of police departments cannot be

directly and immediately responsive to public opinion (Klinger, 2004). Although police practices might

not be made directly responsive to changing community opinions, however, they can be responsible to

public sentiments.

In other words, police departments like all other political agencies must be accountable to the public

for their policies and actions. Police officers must be both amenable to public scrutiny and susceptible to

the impact and direction of the people acting through their elected representatives. Hahn (1976) further

states that fundamentally, police departments are a local extension of relatively remote political

institutions, and even though their responsibilities cannot be precisely limited to the duties outlined for

them in the statutes, they must be guided" and controlled by responsible political leadership.

As an extended arm of governmental authority, the only effective means of ensuring that the police

force will be responsible to the people therefore is through the political process. One important method

of increasing the accountability of police departments is by expanding their accessibility to public

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desires and requests for community services (Lawton, 2007). In addition however, efforts might be

launched to lower the rigid wall that has separated politics and the police. According to Hornby (1985)

the police is defined as a body of men and women, or a department of government constituted to

maintain law and order.

The constitution of the Federal Republic of Nigeria 1999 section 214 - (1) stipulates that there shall be a

police force for Nigeria which shall be known as the Nigerian police force, and subject to the provisions

of this section, no other police force' shall be established for the federation or any part thereof. By this

provision of the constitution, the police are responsible for the maintenance and sustenance of public

safety, as well as the guaranteeing of the security of property, life, and public order (Lawton, 2007).

A fulfillment of this statutory responsibility is reinforced by other enabling laws. One of such laws is

the police act which in section 4 gave details of the duties of the police thus: prevention and detection of

crime; the apprehension of offenders; preservation of public peace, protection of life and property; the

enforcement of all laws and regulations with which they are directly charged with; control and

regulation of motor traffic.

Within the African cultural background, the African has endeavored to protect himself and his property

based on his social control mechanism. This goes to say that the check on social wrongs has its origin on

the African traditional religious, beliefs. This social mechanism was nevertheless not lacking in Nigeria.

And this provided rudimentary policing activities, a function that met the needs of crime, prevention,

detection, control and for the punishment of offenders.

This role provided a high level of social security and protection for man and his property. Thus Oputa

(1974) further asserts that our indigenous religion has that strong moral code and that of supernatural

sanctions that were both able to keep the old village society morally clean and free from crime. Then,

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there were no police force but rather, it was a supernatural sanction of their religion that policed the

primordial Nigerian village society - Universal brotherhood would undoubtedly tend to reduce crime.

Folorunso (1989) further argues that the act of policing in Nigeria is an age long development that

cannot be over exaggerated. He asserts that the primitive man though had no organization known as

police force, but when he started food gathering, he would not allow any body to invade or to infringe

on what belongs to him. This, to an extent is some form of policing activities (Lawton, 2007).

Rudimentary efforts of traditional officials in collaboration with variously organized kind of authorities

such as the lineage heads, Emirs, Obas, Obis, Enogie etc. provided a strong criminal justice system

which were under the control of the traditional rulers.

These groups constituted the organs of social control which were later consolidated by the colonialists.

2.2 Challenges Facing Policing in Africa

Crime is among the most pressing and visible social problems facing Africa. It has been referred to by

the governments in the continent as a high priority issue. Crime also features prominently in the public

concern along with issues of poverty, HIV/AIDS pandemic, wealth and job creations. Crime in Africa

does not affect all people uniformly, although, for instance, the risk of victimization of violent property

crimes, such as robbery and car hijacking, is fairly evenly spread throughout the population. However,

the likelihood of a person facing victim of crime is strongly influenced by among other things, gender,

age, International Journal of Development and Management Review (INJODEMAR) Vol. 4 No. 1 June,

2009 income, place of residence and race. The latter is still one of the interpretative keys of the

victimization pattern in South Africa. As in other countries, socio-economic factors and living

circumstances are key determinants of who is victimized by what type of crime.

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According to South Africa Police Service (2002:1), given that apartheid policies in South Africa ensured

that the race of any individual determines that person’s socio-economic standing, race itself was (and to

some extent still remains) one of the key determinants of the country’s victimization patterns. The nature

of the 1994 transition, particularly, opening of the borders, led to an increase in organized crimes. Local

organized crime is generally less tightly knit and well-structured than the sophisticated foreign mafias.

Crime syndicates in South Africa are regarded to be loosely structured and dynamic, effectively

constituting a network of individuals engaged in illicit activities, posing serious challenges for the law

enforcement. Some of the local organized crime groups have international links with Chinese Triads,

Russian Criminal Organisation, the Italian mafia, and West African organized crime groups.

Second, there is a general view that much work is still needed in the areas of crime prevention, reporting

detection and processing of cases. There are still considerable problems in processing crimes and

offenders through the criminal justice system, and there are serious problems with prison overcrowding.

Across much of the continent stories of police inefficiency and corruption and extortion of the populace

abound. Africa (especially South Africa) has a reputation for producing mercenaries (soldiers of war)

who are willing to sale their skills to the highest bidder.

As Peter Baker (2008:24) posits:

… with more than half a million registered security guards and about 5,000 security firms, the industry

has an estimated annual turnover of $9 billion. Its operations dwarf the 132,000 member police force.

The reason for the explosion in the private security sector in the past decade is not difficult to find.

Soaring crime rate and a police service of limited effectiveness are among the more obvious causes. The

2007 announcement by the South African police service was to commence employing private security

outfits to “guard” police stations underscored both these problems.

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Related to the above is the fact that crime has become an industry which is providing employment for

many Africans, unskilled and skilled. Peter-Baker (2008:24) asks:

Can we say that the crime wave in South Africa and the obvious failure of the police service to protect

civilians is a blessing in disguise because of the employment it provides for thousands in the private

security industry? Or does the rise of the industry mean that it is only the wealthy who are protected?

Peter-Baker concludes by positing that critics view the growth of private security as both a danger and a

symptom of the failure of the state to live up to its obligations. But proponents argue that the industry

plays a significant role in strengthening democracy by ensuring access to professional, reliable and

accountable private security as contained in the South Africa Bill of Rights (Olonisakin, 2008:24).

With the ever-growing private army in the continent, the great challenge for government in Africa is the

maintenance of adequate controls over the mercenary industry. This is not only to safeguard against

employee abuses but to enforce adequate training and working conditions, but also to control their

excessiveness, their unconstitutional and even criminal response to law-breaking. It is disastrous for any

government to have to contend with groups that are breaking the law in order to exact revenge on those

who have broken the law. It is a downward spiral for any government which is difficult to reverse. This

is probably one of the greatest challenges facing policing in the continent today because the sector is not

properly regulated, and efforts to bring criminals to book take place behind the back of the continent’s

authorities, then in a very vital sense, the governments would have lost the most primary basis for its

right to rule.

Finally, the factors under pinning police inefficiency and corruption cannot be ignored. The

institutionalized nature of graft in the police across the continent requires fundamental changes in the

legal framework and institutional culture in the continent as a whole.

2.3 DIFFRENTIAL ATTITUDE OF POLICE

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Poplin (1978) states that a criminal first contact with the criminal justice system is with the police. The

police can exercise tremendous discretion in deciding who to arrest and who not to arrest, even though it

is clear that a law has been violated. Accordingly, Membere (1982) argues that by law, the police is

obliged to enforce all laws and lawful commands, even if it offended the fundamental right or liberty of

the citizen or was blatantly designed to silence or oppress those opposed to the government. He

concludes that the only place such a citizen could enforce his constitutional right is the court of law.

Detention in the police cells prior to prosecution frustrates the accused person. Reid (1979) holds that

such detention aggravates the human reactions/ aggression; regression with dependency; resignation,

fixation or obstinate clinging to deviant patterns which are frequently connected with a long history of

prior frustration. Moreover, after being detained for a period of time along with others before being

finally set free, one may likely put or practice what one has learnt or acquired from the co-suspects. The

implication of this may be that the suspect may be prone to violent aggression than when he had not

experienced detention (Lum, 2010a).

The relativism in the determination of what constitutes criminal offence reflects the discriminatory

pattern of the Nigerian criminal justice administration.

One's class position and the material possession of the person involved is usually evaluated and

considered, Alemika (1990) observes that most criminological literature reveal unconventional crimes

are more likely to be committed by those in position of power, cost the society far greater harm and loss

than conventional offences usually committed by the poor. Olusanya (1996) stipulates that some of these

crimes highly perpetrated and always go unpunished are corruption, contract scams, over - invoicing,

embezzlement favoritism and partialism (Lum, 2010a). The conventional ones that are usually dealt with

are those that relate to the lower class such as petty stealing/theft, store/house breaking, cheating,

criminal assault, etc. The reason for the involvement of the poor in such petty crimes includes the fact

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that our society is structured in such a way that there are extremes of wealth and poverty, with the vast

majority of us in the second category. Gyong (1990) points out that criminal victimization are not only

on the increase but are assuming a very complex character, as it appears to affect not only individuals

and their personal belongings but public and private enterprises as well (Lum, 2010b).

Alemika (1990) posits that notwithstanding the enormous progress and growth of Nigerian criminal

justice system, it can still be summarized as intimidation, brutalization, and incarceration of the poor. In

other words, the detention systems in the Nigerian by the police and prisons have been grossly abused,

and used as an oppressive and suppressive instrument. He states further that in the colonial time,

detention was enforced as part of the designs of the British to ensure the attainment of their economic

and commercial interests, they were therefore, and instruments to keep in check all those who resisted

colonial domination and exploitation. In the post-colonial days, it has meant a substitution of indigenous

exploiters and oppressors for the British (Miller, 2011). Nothing much has changed since independence

as class distinction has come to replace the racial discrimination. Hence the use of the police force

against the poor and the materially excluded people and detention as instrument of oppression of this

group of people continued unabated. He finally asserts that the police and the legal system (courts and

the prisons) have functioned as instruments for stamping out all manners of agitation against oppression,

exploitation and injustice in the nation.

Reid (1979) states that detention is not only ineffective in reducing recidivism among inmates, and its

dehumanizing characteristics, but also the fact that it may also strengthen the detained person's

inclination towards crime. Reckless (1961) stipulates that the act of policing, as well as detention and

interrogation is favorably disposed to the powerful and those in-authority who use their class position in

determining policing strategies of crime prevention, detention and prosecution

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(Miller, 2011). This is why those in authority jump the process of criminal justice. He goes on to

confirm that the criminal law categories are ideological construct designed to victimize only some

criminal behaviors, usually those more committed by the relatively powerless, and to exclude

others, usually those frequently committed by the powerful. As such, crime, criminality and

criminal justice are discriminatory in that the acts that are criminally committed by the powerful are

usually concealed, waved aside pretentiously as if it is never happened, where as those committed by the

less privilege are usually exaggerated and definitely punished. In addition, Daudu (2008) has it that the

police lack integrity. In his words “ the police as far as am concerned is a disgrace to Nigerians, they

commit terrible things….imagine police will kill an innocent person and claim the following day that

he/she was found stealing” (Moskos, 2008).

Going further, Reckless (1979) says what an accused person goes through in order for the police to elicit

information from him is inhuman, callous and brutal. That we still punish primarily for vengeance or to

deter, or in the interest of a "just" balance of accounts between "deliberate" evildoers, on the one hand,

and an injured and enraged society on the other. We do not yet generally punish or treat as scientific

criminology would imply, namely, in order to change antisocial attitudes into social attitudes. Garland

(1990) believes that punishment is not just an instrument of control; it is also an expressive institution, a

cultural performance. Policing like punishment is embroiled in and animated by a set of cultural

mentalities. He states further that policing communicates meaning and plays its part in the creation of

culture. The accused person detained in the police cell often has different kinds of socialization. It is

argued that no single Socialization principle diverts relationships. Maccoby (1991) maintains that

instead, interactions are guided by a varied set of socialization rules. Different relationships are

organized around distinct socialization tasks, so each relationship requires its own unique cannon.

Perhaps, one of the most common descriptions of law enforcement duties is encompassed by the concept

15
of social control. According to Halin (1970) policemen are often regarded primarily as officials

who administer significant restrictions upon human behavior. As a result major emphasis is placed upon

the coercive impact of police operations. According to this view, the task of imposing authoritative

limitations upon public activities may be the principal function and the defining characteristics of

police practices (Moskos, 2008; Neighborhood Scout. (2014)).

However, the actions of police officers reflect only one of three apparent methods by which social

control is applied to public behavior. Initially, social conduct frequently is guided or restrained by

personal discipline. The individual may exert limitations upon' his own actions that ultimately contribute

to the perpetuation of orderly and predictable social life. In general, those internal restraints are regarded

as psychological forms of social control. Secondly, personal interactions may be governed by often

subtle and sometimes unspoken social conventions. Those rules may include established traditions, as

well as norms or mores. The primary obligation to administer the laws that are originated by

government leaders is bestowed upon policemen. Therefore, unlike the restrictions that arise

from psychological or sociological origins, the rules that are enforced by policemen seem to be

closely related to major political institutions and principles.

The social control imposed by law enforcement officers, therefore appear to denote a distinctively

political component of the broad range of influences that may guide or direct social activity. Although

the operation of psychological and sociological, as well as political restraints may constitute the basic

prerequisites for a viable political community, the authoritative regulations upon human conduct

administered by the police seem to be especially critical for the survival of the state.

Perhaps the basic framework of any society can be found in the provisions of its criminal code. The

definition of types of behavior that are to be prescribed as well as those that are to be regarded as

tolerant or appropriate may be one of the most fundamental prerogatives of the body politic.

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In a critique of this perspective, Halin (1970) ‘notes that the behavior defined as criminal are more likely

than not the behavior of the poor and politically less skillful members of the polity’. In addition, contact

between police officers and the public is not uniformly distributed throughout society. The types of

offences that normally require police intervention are crimes that are most prevalent among lower class

sectors of the population because they are the primary targets of the social controls imposed by

policemen.

2.4. SOCIO-ECONOMIC FACTORS AFFECTING POLICE OF CRIME

SUSPECT

Section 4 of the Police Act No 23 of 1979, specified the functions of the Nigeria Police Force as: the

Police shall be employed for the prevention and detection of crime, apprehension of offenders, the

preservation of law and order, the protection of life and property, and due enforcement of all laws and

regulations with which they are directly charged, and perform military duties within or without Nigeria

as may be required of them by, or under the authority of this or any other Act. According to

Critchley (1978) the police was founded to deal with social problems. However, the following are some

of the factors militating against the efficiency of the police as required by these provisions of this Act

(Nigeria Constitution, 1999).

Inadequate equipment: The police lack modern equipment to effectively combat crime in Nigeria. A

former Inspector General of Police, Mr. Sunday Ehindero, in 2008 observed that infrastructural facilities

and the much needed equipment are in short supply in the police force. Vehicles, communication

equipment, scientific tools for investigation, intelligence gathering control equipment are grossly

inadequate. Less than 5% of policemen in the States and Federal Capital Territory have walkietalkie for

communication during patrols (Paoline, & Terrill, 2007). Less than 20% of the Police Stations have

17
telephones to respond to distress calls from the public during emergencies. In terms of vehicles, about

5% of the commands have one or no lorry and other operational vehicle. The situation has not really

changed till now. According to Michael Askew, retired Superintendent, Metropolitan Police, at a

training workshop for senior officers of the Nigeria Police in Uyo “Inadequate funding can hamper

Police efforts in Nigeria. If they do not have the necessary tools to work; you will be providing room for

what will aid corruption in the sector (Sun, & Triplett, 2008). The police officers in UK and Nigeria do

the same job, they want to save the community, deal with crime, terrorism but the difference is that there

is great infrastructure in the UK, every officer has a radio, have access to vehicles, petrol but here, a

police officer does not even have enough money to put petrol in the police cars. The basic job is the

same but Nigeria has less resource that is needed on the ground... inadequate resources and

infrastructures have made the Police less effective, and is responsible for the corruption experienced in

the force... government must rise to the responsibility of providing sufficient resources to make the

Nigeria

Police effective in fighting crime as well as efficient in service delivery” (Tyler, & Fagan, 2008).

Lack of motivation for the police: Motivation is a serious factor as far as efficiency in any endeavour

is concern. Motivation goes a long way to encourage a worker to work to maximum capacity. There are

policemen who have been on the same rank for fifteen (15) years. It is a fact that less than 25% of the

policemen in Nigeria have Barrack accommodation. Also a visit to some of the barracks will reveal the

sorry state of the barracks. Some of the barracks are in various states of dilapidation and squalor and are

in dire need of renovation to make it habitable for decent conditions of living for the policemen (Sun, &

Triplett, 2008). Also, Sulaiman Musa noted in a

Saturday column of Weekly Trust, 4-10 March 2006, page 48 that “the Nigeria police cannot be said to

be functional. Apart from the fact that they are underfunded and reduced to mere object of degradation

18
with meagre salaries, they also have to operate in less habitable places as offices in addition to poor

shelters (barracks)… Our police are demoralized and yet they are the ones assigned the tedious and

dangerous jobs of patrolling our highways, chasing armed robbers, fishing out criminals, as well as

restoration of peace… And are quick to blame them once they perform below our high expectation;

unmindful of the condition under which they have to operate. Though this has improved slightly over

the years, but much more still needs to be done in order to motivate the rank and file of the police (Sun,

& Triplett, 2008).

Lack of co-operation from the public and negative perception of the police: Crime prevention and

control is a collective responsibility. The police cannot do it alone. But the vast majority of Nigerians do

not believe in the saying that ‘police is your friend’, either because of past experience with police or for

some other reasons known to them. The public perception of the police in Nigeria has greatly affected

the level of support given to the police in combating crime. As a result of this, many refrain from giving

valuable information which could have helped to checkmate crime to the police. Public participation is

very important in assisting the police to achieve the desired effective crime prevention and control

(Paoline, 2004). Poverty: According to Oxford Dictionary of Sociology, poverty is a state in which

resources, usually material but sometimes are lacking. Poverty in absolute terms refers to a state in

which the individual lacks the resources necessary for subsistence. In other words, poverty is the state of

one who lacks a certain amount of material possessions or money. Absolute poverty or destitution refers

to the deprivation of basic human needs, which commonly includes food, water, sanitation, clothing,

shelter, health care and education (Miller, 2011). Relative poverty is defined contextually as economic

inequality in the location or society in which people live. Poverty is pronounced deprivation in well-

being, and comprises many dimensions. It includes low incomes and the inability to acquire the basic

goods and services necessary for survival with dignity. Poverty also encompasses low levels of health

19
and education, poor access to clean water and sanitation, inadequate physical security, lack of voice, and

insufficient capacity and opportunity to better one’s life.

Poverty may also be understood as an aspect of unequal social status and inequitable social

relationships, experienced as social exclusion, dependency, and diminished capacity to participate, or to

develop meaningful connections with other people in society (Klinger, 2004). The poverty level in

Nigeria is very high and this has resulted in an increase in criminal activities. Many have taken up to

crime to make ends meet and as a result, the police are over-stretched both in personnel and equipment

(Klinger, 2004).

Unemployment: In Nigeria, the unemployment rate is worrisome. It has consistently increased in the

last few years. Recently, a former presidential aspirant in Nigeria, Pat Utomi, wonders why Nigeria

experiences rising rate of unemployment despite its rating as one of the fastest growing economies in the

world. Unemployed youths are readily available for anti-social criminal activities that undermine the

stability of society. The rising rate of unemployment has further affected the effectiveness of the police

to combat crime. The police are most time overwhelmed with the enormity and frequency of crime

committed. Because unemployment readily creates a large army of potential criminals, effective policing

has remained a mirage in Nigeria.

Family breakdown: The role of the family in maintaining a stable and crime free society cannot be

over-emphasized. The increasing rate of family marriage breakdown and its attendant effect on the

children and the society at large has become ticking time-bomb because it has given rise to increase in

criminal activities by the children of the broken homes (Engel, 2005). For Iain Duncan Smith, UK Work

and Pensions Secretary, “it is important that we recognize the role of marriage in building a strong

society, especially if we want to give children the best chance in life. Children from broken homes are

nine times more likely to commit crimes than those from stable families (Klinger, 2004). Seven out of

20
10 offenders come from broken homes... According to the Centre for Social Justice estimate, the direct

cost of family breakdown is up to £24billion...but research indicated that the extra costs brought about

by the effects of broken homes could quadruple that figure... This is not some abstract debate. Family

life affects all of us – what happens on our streets; in our communities; and in our economy. What you

learn from a very early age has a great deal to say about the person you will eventually become and the

life you lead."

Bribery and Corruption: The Nigeria police is well known for its rottenness as many of the police

officers are known to be corrupt. Bribery and Corruption are twin cankerworms that have eaten deep

into the fabrics of the Nigerian society. The police are known not to be exempted from this reckless orgy

of financial ignominy. Funds released to the police are known to have been diverted into private pockets.

Also, criminals are known to usually bribe their way through and escape the long arm of justice. This

has led to the increase in criminal activities since the criminals know that the police could be bought at a

price (Klinger, 2004). Arrested criminals are back on the streets again the next day if they or their god-

fathers can negotiate and pay an agreed sum. This has greatly affected the effectiveness of the police in

crime prevention and control in Nigeria.

Penal and Criminal Code

The Nigeria Penal and criminal code as documented under the laws of the Federation of Nigeria 1990 in

Chapter 5 sub chapter 22- 28 outline the responsibility of the criminal and expectations of citizens

before conviction.

Crimes suspects who are Ignorance of the law does not afford them any excuse for any act or omission

which would otherwise constitute an offence, unless knowledge of the law by the offender is expressly

declared to he an element of the offence.

21
A Person is not criminally responsible, as for an offence relating to property, for an act done or omitted

to be done by him with respect to any property in the exercise of an honest claim of right and without

intention to defraud.

Subject to the express provisions of this code relating to negligent acts and omissions, a person is not

criminally responsible for an act or omission, which occurs independently of the exercise of his will, or

for an event which occurs by accident. Unless the intention to cause a particular result is expressly

declared to be an element of the offence constituted, in whole or part, by an act or omission, the result

intended to be caused by an act or omission is immaterial Unless otherwise expressly declared, the

motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so

far as regards criminal responsibility.

A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the

existence of any state of things is not criminally responsible for the act or omission to any greater extent

than if the real state of things had been such as he believed to exist.

The operation of this rule may be excluded by the express or implied provisions of the law relating to

the subject.

Subject to the express provisions of this code relating to acts done upon compulsion or provocation or in

self-defence, a person is not criminally responsible for an act done or omission made under such

circumstances of sudden or extraordinary emergency that an ordinary person possessing ordinary power

of selfcontrol could not reasonably be expected to act otherwise.

Every person is presumed to be of sound mind, and to have been of sound mind at any time which

comes in question, until the contrary is proved. A person is not criminally responsible for an act or

omission if at the time of doing the act or making the omission he is in such a state of mental disease or

22
natural mental infirmity as to deprive him of capacity to understand what he is doing, or of capacity to

control his actions, or of capacity to know that he ought not to do the act or make the omission.

A person whose mind, at the time of his doing or omitting to do an act, is affected by delusions on some

specific matter or matters, but who is not otherwise entitled to the benefit of the foregoing provisions of

this section, is criminally responsible for the act or omission to the same extent as if the real state of

things had been such as he was induced by the delusions to believe to exist.

2.5 Theoretical Framework: Social Conflict, Symbolic Interactionism and Police Brutality

A substantial amount of scholarly attention has been drawn to the topic of police brutality and human

rights abuses over the last few decades (Hickman, Piquero, Lawton & Green, 2001; Holmes, Smith,

Freng & Munoz, 2008; Frank, 2009; Alemika, 2003; King, 2009; Wolfe & Piquero, 2011). In spite of

that, a large number of scholars have asserted that theory-based research has only recently emerged to

specifically explain the brutality of police behaviour (Chamlin, 1989; Lersch, 1998; Hickman, Piquero,

Lawton & Green, 2001; Wolfe & Piquero, 2011). There are theorists of various orientations that

attempts at finding the causality of violence perpetrated by the police (Jacobs & Britt, 1979;

Westmarland, 2006; Holmes et al., 2008). This study will apply two of the more popular existing

theories:

Social Conflict Theory: These theorists hold that the state functions as an instrument of the dominant

class, such as race, economic class and ethnic groups (Lersch, 1998: 82). Government institutions which

include police force are the product of political processes which reveal the interests of the powerful in

society. As postulated by these theorists, the main function of the police is to preserve the status quo of

inequality and assist the powerful to exploit the powerless in order to prevent their resistance to the

exploitation that they suffer (Holmes et al., 2008; Lersch, 1998). Also, consequent on the analysis of

23
formal complaints made by Lersch (1998), he discovered that the economically marginalised and

politically powerless were more likely to file complaints of police misconduct and to “experience more

serious acts of misconduct” than those with greater power and more resources (91).

Supporting this school of thought, which originated from Marxist tradition, is documented evidence on

the establishment of the Police Force in Nigeria by the colonialists, which was primarily to meet the

need of the colonialists to crush civilian opposition (Aborisade & Fayemi, 2015). During the colonial

period, both the local police force and the Nigeria Police Force were implicated in numerous acts of

abuse and corruption (Human Rights Watch, 2012). The engagement of the police with the populace

was situated on the need to enforce colonial laws that attracted debilitating and hateful reactions from

the people, including segregation, forced taxation and crushing of anti-colonial uprisings (Aborisade &

Fayemi, 2015).

In the present democratic Nigeria, it is evident that classes and groups that have dominant economic

power equally control political decision-making, including the enactment of criminal law by the

legislature, its enforcement and interpretation by the police and judiciary respectively. Also, there are

differentials in police treatment of high profile and low profile offenders. The respect of human rights is

often extended to rich arrestees as against the poor that are often subjected to different forms of abuses,

violations and brutality. Hence, there is a common belief that the law that governs the affluent is

significantly different from the law of the poor (Ogunode, 2015). In corroborating this postulation,

Human Rights Watch (2010), stated that the police as an institution is often regarded as an instrument of

oppression by the ruling class and bureaucrats. They are willing “tools” in the hands of the state rulers

and bourgeoisie to secure them from any uprising from the oppressed (Egede, 2007). This explains why

the rights of the rich are more protected over and above that of the poor within the society (Ogunode,

2015).

24
However, despite empirical evidence that indicate that police-citizens’ interaction is characterized by the

power dynamics of racial, gender and class divisions, there are a few limitations of social conflict theory

in effectively explaining the causality of police brutality and rights abuse. As a macrosociological

theory, it tends to assume that it is the external influence of the elite class which constructs and

mandates police officers’ behaviours in their daily encounters with civilians (Punch & Gilmour, 2010).

Though this hold true to explain the way the police have often being used as instruments of oppression

by Nigerian elites to torment the masses by means of indiscriminate arrest, torture and infringement of

their rights (Okeshola, 2013). However, exclusively limiting one’s understanding of the phenomenon of

human rights abuses by police to this theoretical framework is undoubtedly oversimplifying the micro-

level decision making processes of the parties involved. This therefore justifies the adoption of the

symbolic interactionist perspective in examining police brutality and human rights abuses in Nigeria

from a microsociological lens.

Symbolic Interactionist Theory: This theory can effectively compliment conflict theory to explain why

some officers engage in brutality, torture and other forms of human rights abuses while officers of other

units within the same NPF do not engage in it. Therefore, as against the macro-level theory, symbolic

interactionism emphasises the subjective meanings and significant influences of socialisation in

explaining the patterns of micro-level social interactions (Mead, 1934). As interactions between people,

including violent encounters between civilians and police officers, are reciprocal on the part of two

related parties, each party embodies its own reflected appraisal of the self, which subsequently

influences one’s behaviours when engaging in interpersonal relationships. The concept of “the self” is

argued to be greatly influenced by the subjective interpretations and “reflection of appraisals” made by

the reference groups (Mead, 1934; Matsueda, 1992). This formation of selfidentity is applied to

individuals’ behaviours and interactions through “roletaking,” which then constructs the general social

25
structures (Matsueda, 1992). The theory also “stresses that people help to create their social

circumstances and do not merely react to them” (Goffman, 1959; Matsueda, 1999; Brym, Lie

& Rytina, 2009).

As it can be extrapolated from symbolic interactionism, civilians and police both learn to behave in

accordance to the norms, rules and expectations of a given society. In the context of police-civilian

interactions, consistent with the the perspectives of the Marxists, members of the minority groups and

police officers are likely to be viewed as “rule violators” and oppresors respectively in the eyes of one

another. The peculiarity of the organisational culture of the police makes police apparatus to act as an

officer’s situationally dominant reference group when any issue arises on duty (Ouchi, 1979). First,

under the precondition of the lack of appropriate contraints imposed by the upper body of the society, a

police officer must have internalised his role as a control agent and that of authority in order to engage

in the act of human right abuse.The police divisions and the political elites portray the role of police as

control agents and “crime fighters,” rather than social workers t o serve the interest of the public (Fry &

Berkes, 1983). Institutionalisation of an abstract group identity, as Matsueda (1992) argues, is “the most

effecive form of social control” because people eventually learn to act according to the expected code of

conduct (Mead, 1934: 1581). Subsequently, the society at large accepts the authority of the police

(whether willingly or not) and interacts with them in a rather submissive manner. Finally, the officers

internalise their new occupational identity and enact their expected role to maintain social control in

society.

As scholars have observed the organisational culture and structure significantly influence the behaviour

of individual officers and teaches them to internalise values, attitudes, and beliefs that are used to ensure

that appropriate occupational and/or organisational behaviours are adopted” (Ouchi, 1979; Fry

26
& Berkes, 1983: 226). The degree to which each segment of the police force employs the “paramilitary

police model,” embraces the soldier-bureaucrat identities and appraises the value of attaining control over

civilians differs considerably (Fry and Berkes, 1983). Also, the more an officer is exposed to other

officers’ misconduct, the more susceptible he is to “slide further down the slippery slope” and take on

the role of “brutal officer” – also known as “reciprocal role-taking” (Matsueda, 1992; Punch and

Gilmour, 2010: 11).

The postulations of both the social conflict and symbolic interactionist theories have provided a holistic

theoretical approach that considers both micro- and macro-sociological explanations for the

contravention of human rights by law enforcement officers in Nigeria. The social conflict theory tends to

assume that it is the external influence of the elite class which constructs and mandates police officers’

behaviours in their daily encounters with civilians.

On the other hand, symbolic interactionist theory is able to address the variations between units and

segments and explain why only some officers become “bad apples” and why some will rather conform

to ethics of their job.

2.3 Thematic Explanations on Why the Police is Ineffective in Criminal Justice System in Africa

The universal expectation of the role of the police and other security agencies is to protect citizens by

preventing crime and ensuring access to justice. At a minimum, the populace ought to have easy access

to the police and feel safer as a result of the protection they offer. Yet most countries in the continent fail

to meet the standard set by the United Nations for effective policing. The world body says that, at least,

the ratio of police officers to population should be one police personnel to 450 in order to maintain

security (Dambazau, 2007 and Olonisakin, 2008). This ratio should be much higher in polities

27
experiencing civil strife and excessive high crime rates, but this has not had much impact in countries

such as South Africa, Zimbabwe and Algeria. There is a general consensus that the police in Africa has

been operating with a strength of personnel that is far below the capacity required to police the estimated

Africa’s population of approximately one billion, considering the minimum United Nations standard.

The world body says that, at the very least, the ratio of police officers to population should be one per

450 in order to sustain security. Table 1 below x-rays this dearth of personnel.

Olonisakin (2008:20) adds that in the seemingly more successful African states the difference in police

conduct is a matter of degree and not of substance. Kenya’s recent postelection violence brought vivid

pictures of police brutality to television screens across the globe. The actions of the Kenya’s security

force have raised questions about its conduct and relationship with the ordinary people they are

supposed to protect. Despite the protestations by the force that they were simply attempting to preserve

law and order in the country, excessive force against unarmed protesters and the uneven implementation

of policing led to suggestions that “kill and go” or “shoot-to-kill” order were in force in parts of Kenya.

The Zimbabwean police too is known to be particularly brutal to its citizens (Eme and Elekwa, 2008:4).

Olonisakin (2008:20-21) explains:

The reasons for the entrenched practices of abuse, incompetence and corruption by the police across

Africa are symptomatic of governance deficits in the concerned states. With decades of authoritarian

rule and accompanying politics of patronage, it is to be expected that institutions responsible for security

would instead be diverted to propping up various regimes. It is not surprising that out of this history has

come badly paid and poorly trained police with little sense of their missions as protectors of citizens.

The police in Africa have been under intense pubic criticisms in recent times over its apparent inability

to effectively prevent and control crime. So many factors have been attributed to this failed situation.

28
Firstly, depending on the context, the police in the continent have historically either been neglected at

the expense of a more effective and influential military establishment or they have been politicized and

militarized for regime survival.

Adegbamigbe et al (2008:29-30) explain as follows:

Police detention centres, except for a few, stink to high heavens. In some cases, police posted out of

their stations are abandoned to sleep in classrooms or inside abandoned cars like refugees in a war-torn

country. Closely associated with lack of necessary equipment are poor office and residential

accommodation which reduce the morale of an average Nigerian cop. In Lagos, policemen live and

work under deplorable conditions. The odour wafting around Mobile Barracks 20 and 22 in Ikeja and

Elere Barracks, Agege, is out wrenching. Occupants of these tenements struggle every morning to make

use of two bathrooms and two toilets. Block 4 of Elere station with its concrete deckings falling off,

revealing rusted iron rods, is a disaster waiting to happen. Occupants have, however, refused to move

out for lack of alternative accommodation.

Olonisakin (2008:20) goes on to posit that, the security forces and the police have been used to repress

the very people they are meant to protect. Taking the connection between governments and police

conduct one step further, it has also been shown by analysts that functioning police can be seen as a

good measure of police development. For example, Africa’s process of political “liberalisation” has, in

some instances, translated into political reform.

Secondly, corruption is said to be endemic and has eaten deep into the fabric of the police in Africa.

According to Okereke (1993:1), many Nigerians perceive the policemen as lazy, corrupt, inefficient,

bribe-taking, money extorting officers. A typical example usually cited in reference to the police attitude

29
towards corruption is the “road block syndrome”, in which it is alleged that the police extort money

from motorists.

It is also a popular allegation that because of the financial benefits associated with road block duties,

lower ranks pay their way to be assigned such duties with the promise of making daily returns to their

superior officers. In criminal investigations, corruption is said to be present in most cases and is usually

determined by the extent of bribe given by either parties to a case. In other words, the party that gives

more is likely to influence the direction of the investigation in his or her favour (Dambazau, 2007:221).

Olonisakin (2008) goes further to add that police checkpoints serve more as a collection point for bribes

than a place that instills a sense of security. One only has to drive through West Africa from the Seme

border (between Nigeria and Benin) through Togo, to Aflao (at the border between Togo and Ghana) to

understand the entrenched nature of police corruption. Seasoned travelers in this region know the

standard amount needed upon approaching each checkpoint. Failure to pay could have dire

consequences. In a recently reported incident, a staff member of The Centre for Democracy and

Development was brutalized by Benin security officials for not paying a bribe of $4 while traveling by

road to attend Economic Community of West African States meeting at Burkina Faso. Ironically, the

regional body proudly cite “free movement of goods and peoples” across West Africa as one of its key

achievement.

Furthermore, it has also been observed that African police lack adequate law enforcement equipment.

They lack transport, modern communication, arms and ammunition and logistic facilities to conduct

their duties effectively. Using Nigeria as their case study, Alemika and Chukwuma (2000:8) conclude as

follows:

30
… quantitative and qualitative inadequacy of men and women, materials, and money within the Nigerian

police as well as poor and inadequate social infrastructures … within the Nigerian society, militate

against police effectiveness, and positive estimation of the police by Nigerian citizens.

Dambazau (2007:222) on the other hand posits that:

the African police has a very serious image problem in the eyes of the populace it is established to serve.

Consequently, the police in Africa is viewed with suspicion, “unfriendly”, “brutal”, “trigger-happy”,

“extortionist”, “crime collaborators”, gross isolators of civil liberties and human rights

Ghana has recently seen a debate on the conduct of its police force. The Ghanaian chronicle recently

carried an editorial discussing a number of alleged incidents involving police irresponsibility

discharging their weapons which resulted in civilian deaths in which it is said that it had lost count of the

number of people who have died through so-called stray bullets. The editorial bemoaned the fact that,

unlike some countries where demonstrations are controlled using water-cannon, “here in Ghana, the

police personnel go to demonstrations with cocked guns, ready to fire (Olonisakin, 2008:21).

The rising crime rate, especially violent crimes involving armed robbery, ritual murders, political

assassinations, ethno-religious violence, and electoral violence, among others, has dampened the

public’s hope of the capacity of the police to ensure the safety of people’s lives and property. The

general thesis is that the police can neither solve the crimes already committed, through arrests and

successful prosecutions, nor prevent or reduce, the incidence of crime in the continent. This perception

is not withstanding the fact that the other segments of the criminal justice system, namely the court, and

prison, do contribute to the slow pace or delay in handling criminal cases.

The Nigerian public, according to Dambazau (2007:224), has therefore become unwilling to cooperate

with the police in crime prevention and control:

31
 (a) by refusing to provide or share information and expose criminal activities;

(b) by avoiding getting involved in identifying criminals, by declining to report the incidence

of crime in order to avoid being witness; (c) sometimes by acting against the efforts of the

police, and (d) by taking the laws into their own hands (jungle justice).

CHAPTER THREE

RESEARCH METHODOLOGY

3.1 Research Design

In defining research design, Odo (1992:43), stated that research design implies outlining the name of

equipment and other materials the research intends using, applying some to successfully execute the

practical aspect of the research study.

A descriptive survey method was used for this study. It is important to determine the method and

procedure adopted in this research report since it gives the reader background information on how to

evaluate the findings and conclusion.

3.2 Area of the Study

Victimisation survey is considered as important source of reliable information, as a basis for

understanding and combating crime (Van Dijk, Van Kesteren & Smit, 2008). The survey for this study

32
was conducted in prison environment to elicit information from inmates about their experience while in

prison custody prior to their conviction or transfer to the prison facility. This study excluded detainees in

police custody as attempts to include some police divisions in the study were rebuffed by the authorities

of the stations. Therefore, since the prison inmates had passed through arrest and detention stages before

being admitted into prison, they were considered relevant respondents for the study as ex-detainees of

the police. The study conducted a mixed-method victimisation survey that covered all the five (5) prison

facilities in Ogun State.

Ijebu-Ode prison, established in 1925 with a capacity for 322 inmates, as at the time of visit of the

researcher (24 July–12 August, 2016), there were 316 (male: 298 and female: 18) inmates in the prison.

Meanwhile, the Old Abeokuta Prison, Ibara was established in 1900 to house a capacity of 900 inmates,

as at the time of the researchers’ visit, the total inmate population was 771 (male: 741, female: 30).

Sagamu prison was established in 1936 with a capacity of 288 inmates and there were 227 inmates as at

the time of the visit of researchers. The New Abeokuta Prison located at Oba was established in 1986

with a capacity 550 inmates, while 448 prisoners were residents when researchers visited the facility. As

it can be observed, none of the prisons visited are overcrowded. According to the prison officials, this is

as a result of decongestion policy of prison service authority.

3.3 Population of the Study

The researcher has chosen three prisons in Ogun state as the studied population in order to find a

possible solution to which involve a total of 1000 inmates, which include old and new inmates.

33
3.4 Methods of Data Collection

Qualitative and quantitative primary data were obtained from prison inmates from the five prisons while

their officials were also included in the study as key informants. The sample size 1,000 selected using

the convenience sampling technique. In-depth interviews and key informant interviews were conducted

with 50 purposely selected inmates and 10 purposively selected prison officials respectively. The

selection criteria for respondents of in-depth interviews amongst the participants of the research

included their detention experience (as indicated in the questionnaire), the length of stay in police

detention, and willingness to participate in in-depth interview.

Approval for the study was obtained from the Research Ethics Committee of Olabisi Onabanjo

University, Ago-Iwoye, Ogun State. Volunteering officials of the Prison assisted in the distribution and

collection of questionnaires from the inmates which facilitated a total recovery of all questionnaires

administered. The respondents were duly informed about the purpose of the study and other rights as

respondents of the study including confidentiality while both written and verbal consents were obtained

from them before the interviews took place.

3.5 Method of data analysis

Data collected from the field were analysed in order to meet with the research objectives and answer the

research questions raised. Information from In-depth Interview and Key Informant Interview collected

with electronic tape and notes were later transcribed, synthesized and organized under thematic

headings. Significant statements were quoted verbatim to corroborate or refute important findings.

Information gathered from the questionnaire was analysed using descriptive statistical tools and the

34
statistical programme for social sciences SPSS software. Descriptive statistics was used for the

summarising of frequency and measures of central tendency.

35
 CHAPTER FOUR

RESULTS AND DISCUSSIONS

Table 1: Sociodemographic Characteristics of the Respondents

Details Frequency Percent

Gender

Male 977 97.7

Female 23 2.3

TOTAL 1000 100.00

Age

18-24years 330 33.0

25-34years 434 43.4

35-49years 175 17.5

50years & above 61 6.1

TOTAL 1000 100.0

Ethnic

Yoruba 630 63.0

Hausa 115 11.5

Igbo 159 15.9

Others 96 9.6

TOTAL 1000 100.0

36
 Length of stay in

Prison

>6 months 177 17.7

<6 months >1 year 137 13.7

1-5 years 484 48.4

6-10years 93 9.3

>11 years 109 10.9

TOTAL 1000 100.0

Table 1 shows that 98% of the respondents were males while the 2% were females. This is so because

the statistics of male inmates available in the prisons visited outweighs that of female significantly

considering the fact that only two prisons (Ijebu Ode and Ibara) can accommodate female offenders. The

table also shows that 45% of the respondents were between the ages of 2534, 40% of the respondents

fell between the age ranges of 18-24, 18% of the respondents were between 35-49years while 4% of the

respondents were 50years and above. This shows that all the age ranges participated in the research

giving it a better description of the concept under study.

It is also shown that 64% of the respondents were Yoruba, 16% of the respondents were Igbos, 12% of

the respondents were Hausas while 8% of the respondents chose others (Cotonou, Delta, Benue, Edo).

This therefore implies that the respondents represented diverse ethnic groups which make it imperative

for the generalization of the scenario in Nigeria. The table also shows that 53% of the respondents had

stayed in the prison within the duration of 5years, 19% of the respondents were less than 6 months in the

prison, 15% of the respondents had stayed in the prison lesser than 1year but more than

37
6months, 10% had stayed in the prison for 6-10years while 3% of the respondents were above 11years in

the prison. This shows that all level of inmates participated in the study.

Table 2: Prison Inmates’ encounter with the Nigerian Police

Details Frequency Percent

Abuse by Police

Yes 678 67.8

No 322 32.2

TOTAL 1000 100.00

Slapped by Police

Yes 666 66.6

No 334 33.4

TOTAL 1000 100.00

Kicked by Police

Yes 645 64.5

No 355 35.5

TOTAL 1000 100.00

Beaten by Police

Yes 758 75.8

No 242 24.2

TOTAL 1000 100.00

38
 Injured by Police

Yes 688 68.8

No 312 31.2

TOTAL 1000 100.00

Police pointed gun at you

Yes 665 66.5

No 335 33.5

TOTAL 1000 100.00

Police threatened to

shoot you

Yes 634 63.4

No 366 36.6

TOTAL 1000 100.00

Sexually assaulted by

Police

Yes 402 40.2

No 598 59.8

TOTAL 1000 100.00

Table 2 shows that 76% of the respondents agreed that the Nigerian police battered them at the point of

arrest and their stay in the custody, 69% of the respondents sustained injury in the cause of their

encounter with the Nigeria police, 68% of the respondents also agreed that they were abused. The table

39
also shows that 67% of the respondents attest to being slapped by the Nigeria police and also pointed

gun at, 65% of the respondents agreed to be kicked by the Nigeria police, 63.4% of the respondents were

threatened to be shot by the Nigeria police, while 40% of the respondents were sexually assaulted. This

result shows that Nigerian police subject suspects to various forms of human right abuse neglecting the

constitution and international code/conduct as well as the treaties signed against brutality and torture.

Furthermore, the study sought to examine the kind of weapon that the police officials used to abuse or

torture the arrestees from the point of arrest through detention. Table 3 shows the response of the ex-

detainees.

The Investigative Techniques Deployed by the Police and its Consequences Based on the wide reports

that the Nigeria Police mainly rely on confession approach at conducting its investigation, this study

enquired from the exdetainees on the weapons and methods used to elicit confession from them. Table 3

shows the responses of the prison inmates on whether weapons were used on them during interrogation:

Table 3: Weapon Deployed by the Police for Eliciting Information from Arrestees

Details Frequency Percent

Club or Baton

Yes 590 59.0

No 410 41.0

TOTAL 1000 100.00

Knife or other sharp objects

Yes 584 58.4

No 416 41.6

40
 TOTAL 1000 100.00

Rope, Wire or Horse Whip

Yes 576 57.6

No 424 42.4

TOTAL 1000 100.00

Electric Iron or Boiling Ring

Yes 501 50.1

No 499 49.9

TOTAL 1000 100.00

Others

Yes 175 17.5

No 825 82.5

TOTAL 1000 100.00

Table 3 shows that 59% of the respondents agreed that Nigeria police uses baton in their interaction with

them, 58% of the respondents agreed that knife and other sharp objects e.g. cutlass were deployed to

make them confess their offenses prior the court hearing, 58% also attest to the use of rope, wire and

horse whip during the process of investigation on their case. The table also shows that 50% of the

respondents agreed that electric iron and boiling ring were used during their interaction while 17.5%

noted that the Nigeria police subjected them to hanging on the air during their interactive session. The

41
above shows that Nigeria Police adopts different weapons to make arrestees make confessions for their

offenses.

This statistical information was also corroborated by respondents of indepth interviews as majority of

those interviewed described the violent ways with which confessions were extracted from them. One of

them volunteered: I was beaten severely to confess what I didn’t do. I was beaten with a baton and a

long pipe used to lose trailer tyre. I was shot on my left leg just to confess. They also injured me on my

left hand – leaving scar on my body… (Respondent 2/IDI/Sagamu Prison)

Another respondent added:

I have a lot of experience ranging from being beaten at the point of arrest (1:00am midnight) in front of

my parents within our compound. One officer requested to shoot my leg– if not for the presence of my

brother DSP at Abuja. Before the day break, I could no longer walk because I was beaten mercilessly.

They took me to the torture room immediately my brother left requesting me to say the truth about an

incident that happened two months ago– when the robbery took place. At the torture room, the police

officer said they can do anything for me – there was a pillar in the room. I was unable to walk to the

pillar; my hand at the back and was hanged onto a swing pushing me anyhow and pouring schnapps on

me…I was in the torture room for twenty four minutes with series of punishment; hanging, beating and

pouring water on me. I couldn’t talk immediately I

was dropped but later regained consciousness just to be asked same question. Are you ready to confess?

They battered our mechanic with cutlass and Hausa’s sunda (herdsmen’s stick) while been hanged me

for 15 minutes. His back was flowing with blood due to the cutlass used for beating him. I was subjected

at a point to say goodbye because the police officer had gun on him. He shot six bullets around me– he

42
threatened to kill me. They requested me to write a statement on how I robbed the woman and those

things we collected. They tortured me to sign a statement indicting my intent... (Respondent

5/IDI/Sagamu Prison

The study further moved to examine the physical and psychological effects of the interrogation methods

used by the police on their arrestees. Table 4 shows the forms of injuries sustained by the ex-detainees

during their interrogation and stay in police detentions.

Table 4: Injuries Sustained by Prison Inmates during Police detention

Details Frequency Percent

Minor Scratches

Yes 544 54.4

No 456 45.6

TOTAL 1000 100.00

Severe cuts or wounds on the

body

Yes 706 70.6

No 29.4 29.4

TOTAL 1000 100.00

Difficulty in breathing or fainting

Yes 593 59.3

No 40.7 40.7

43
 TOTAL 1000 100.00

Serious Head Injuries

Yes 578 57.8

No 422 42.2

TOTAL 1000 100.00

Broken Arms and Legs

Yes 560 56.0

No 440 44.0

TOTAL 1000 100.00

Lasting physical scars

Yes 560 56.0

No 440 44.0

TOTAL 1000 100.00

Table 4 shows that 71% of the respondents sustained severe cuts or wounds on the body as a result of

their encounter with the police, 59% of the respondents had difficulty breathing while some fainted

during their interaction with the police, 58% of the respondents also sustained head injury since their

encounter with the police. The table also shows that 56% of the respondents agreed that their legs and

arms were broken during their police encounter, 54% of the respondents had minor scratches while an

average percentage of the respondents had lasting physical scars on their body. This table noted that

Nigeria police had left the prison inmates with physical and health related problems to cater for within

their lifetime.

44
Also, respondents of in-depth interviews spoke about the effects of their detention experience and

violence meted to them by the police: It has affected me a lot because my hands were not in order. If not

for my family that treated me, I would have been

handicapped. Ever since, I have sustained back pain. (Respondent 4/IDI/Ilaro Prison)

It has affected me because I was so weak to the extent that I was taken to the hospital immediately I got

to the prison. (Respondent 3/IDI/New Abeokuta Prison)

The beaten and the gunshot really affected me to the extent that I was limping for two good years. I

really suffered a lot to the extent that I was almost dead. Till now, no one knows I am still alive here.

(Respondent 2/IDI/Sagamu Prison)

It has affected me because I now have a chest pain and was unable to hear very well up till now.

(Respondent 6/IDI/Ijebu-Ode Prison)

A prison official corroborated the story of the ex-detainees:

…they come (from police detentions) with all sorts of medical cases that we have to manage here. Some

females were even impregnated by the policemen, but because they give birth while in prison custody,

there will be that believe that it is the prison officials that got them pregnant which is never true… (Prison

Official 5/Ijebu-Ode)

4.3 Discussion of Findings

This paper was motivated by the need to confirm or debunk the ongoing accusations and denials by

human rights organisations and the Nigeria Police respectively on the abuse of rights of arrestees in

45
police custody. While empirical studies have asserted that there is high rate of abuse of human rights of

detainees in custody (Alemika, 2003; Egede, 2007; NOPRIN, 2010; Amnesty International, 2014),

police authorities have denied such allegations describing it as “malicious and ill-informed” (Premium

Times, 2016).

However, findings from this study suggest that there is high prevalence of violence and abuse of human

rights by the police as they go about their investigative procedures on criminal cases. Majority of the ex-

detainees included in this study expressed varying degrees of violence that they were made to undergo

both at the point of arrest and while in police custody. This goes to affirm the position of Amnesty

International (2014) that detainees are often subjected to inhuman treatments in police custody which

include being bound, kicked and beaten with machetes, gun butts, boots, fists, electrical wires, animal

hides, and other instruments. Others include being shot in the leg or assaulted by police officers while in

custody and suffering multiple fractures; being forced to perform impossibly painful calisthenics; and

being raped.

This paper also supports the assertion that detainees suffer severe injuries and post-detention trauma as a

result of the gruesome treatments that they are made to undergo in police cells (Egede, 2007; Boxer,

Middlemass & Delorenzo, 2009). According to the degree of violence and human rights abuse suffered

by offenders during investigation is capable to negatively impact on their adjustment to prison life after

sentence. This can also lead to mental illness that can further aggravate the rehabilitative procedures of

the inmates and pose a threat to the health of other inmates in prison. Studies have also found that sexual

assaults of female arrestees are responsible for incidences of post-arrest pregnancy (Aborisade &

Balogun, 2016).

The findings of this study also lend credence to the adopted theories for the research as socio-

demographic characteristics of the respondents show that those that are at the lower rung of societal

46
ladder suffer more brutality and abuse of human rights than the privileged within the society. This

supports the postulation of Ogunode (2015) that there is a general social belief that the law that governs

the affluent is significantly different from the law that applies to the poor. Similarly, the micro-

sociological theory of symbolic interactionism was effective in explaining why some of the police

officers do not engage in brutality and abuse of human rights like their colleagues (Mead, 1934;

Matsueda, 1992) as evidenced from the respondents who expressed that they were never brutalised

while in police custody.

47
 CHAPTER FIVE

CONCLUSION

The systematic brutality of the police affects virtually every Nigerian, though at different levels, as the

impact weighs down more on the poor. The operations of the Nigeria Police Force bear almost no

resemblance of the requirements of the Nigerian law. The activities of the NPF are at marked variance

with protecting human life, safety, and security, as it rather endangers the people they ought to protect. It

is evident that lack of capacity to conduct proper criminal investigation is responsible for the reliance of

the Police on torture-induced confessions. As a result of the multitude of police stations in the country

and the manner of development of the authority and responsibility of these police stations and divisions,

there has been little supervision and control of this problem.

Urgent measures are therefore required to return policing in Nigeria to the path of lawfulness,

respectability, and public confidence. At present, there is no accountability for crimes committed by the

police. The NPF is controlled at the federal level and its officers are not answerable to the local

populations. The best approach to solve this dilemma of unlawful arrest and detention is through

intelligent legislation in respect of the laws governing detention for investigative purposes. Other

suggestions include, proper training and retraining of police office, deployment of advanced forensic

techniques for investigations, improvement in the capacity of the police in their investigative

responsibilities, encouragement of professionalism within its rank and file as well as effective

punishment of erring officers as deterrence to others.

Also stereotypical views, prejudice and idealizing of victims is one of the many concealed subjects that

should be addressed both within justice agencies and the Government. A blatant example of this is the

compensation scheme that can leave many victims without needed help and remedy. Furthermore,

48
victims’ rights, and especially legally enforceable rights, are a weak point in the pledge for victim-

centred justice. So far, the offender seems to have more rights than the victim. Some initiatives such as

the Code of Practise for Victims may give an impression, a deceptive impression, of enhancing victims’

rights though. Presumably, more will be done with the growing international influence emphasising

human rights. For these reasons, victims have been, and to a point still are, marginalized as far as

traditional justice is concerned.

Despite that the traditional English court is not designed to accommodate victims, the commitment made

to victims and a number of special measures have improved their treatment significantly in the last few

years. The small minority of victims and witnesses that turn up to court are cared for by providing them

with information, treatment with recognition, respect and consideration, explanation as to their

expectations and court procedures, or special areas and trained staff. This practice needs to be consistent

throughout all courts. Importantly, some imparity has been found to prevail between law, its

implementation, and actual practicality and practise. Rigorousness and precise evaluations are desired in

order to alter or suspend uncertain policies and laws. However, it could be in the Government’s interest

to keep some initiatives even though they are non-functional. In so far as agencies of the criminal justice

system attend to victims’ needs, significant progress has been made too. These agencies can be

supportive, but their own priorities which they were intended for should not be forgotten. In particular

the police could face increased pressures and strains on their resources, staff and abilities. Working in

partnership could be exploited well to ensure better service to victims, but should avoid possible turf

wars and deal with conflicts in each agency’s aims. More cooperation with voluntary organizations

specializing exclusively in victim issues and bringing their expertise would be only beneficial for

victims. Perhaps, rather than putting victims at the heart of the criminal justice system, more importance

and concern should be given to such organizations. Hopefully, the new National Victims’ Service might

49
be a solution to many problems, but this will depend on how carefully and thoroughly it is introduced.

After all, it could be only a tactical step for the Government to appear as fulfilling their victim-focused

goals. More systematic approach in adopting new policies, where small changes are made first with

gradual introduction of more significant ones, should be taken to ensure validity.

50
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