ATTENTION:
BEFORE
YOU READ THE CHAPTER ONE OF THE PROJECT TOPIC BELOW, PLEASE READ THE
INFORMATION BELOW.THANK YOU!
INFORMATION:
YOU CAN
GET THE COMPLETE PROJECT OF THE TOPIC BELOW. THE FULL PROJECT COSTS N5,000
ONLY. THE FULL INFORMATION ON HOW TO PAY AND GET THE COMPLETE PROJECT IS AT THE
BOTTOM OF THIS PAGE. OR YOU CAN CALL: 08068231953, 08168759420
ROLE OF
LAWYERS AND POLICE IN ADMINISTRATION OF JUSTICE
ABSTRACT
Crime has
been a major subject of concern throughout human history. No society is free of
crime and criminals. The Nigeria Police Force is an agency established by law
to ensure preservation of public order and law enforcement as well as
prevention and detection of crime. The police plays vital role in the
administration of justice in any society. The police present the entry point
into the criminal justice system either through reports from the public or its
own investigation and surveillance. It is therefore a fact that an average citizen
has contact with the police more than with any other agency for administration
of criminal justice.
CHAPTER ONE
General
Introduction 1.1 Background
of the study
The
phenomenon, “crime” has been a major subject of private and public concern
throughout human history. No society is free of crime. However, the question
often asked is that even if crime is part of inevitable human behaviour, how
much of it can a society tolerate? This question is linked to man’s natural
instinct for survival, the ability to respond to any threat to his life and
property. Crime poses such a threat, particularly in its violent form.
The recent upsurge in violent crimes in
Nigeria has created enormous uncertainty in the security of lives and property
of individuals and of social stability in general. The incidents of traditional
crimes such as armed robbery, arson, drug trafficking and abuse, murder,
kidnapping, rape, hired assassinations and ritual killings are examples of the
most serious and violent crimes which have been on the increase in the recent
past. Correspondingly, White Collar Crimes in the form of Advance Fee Fraud
(popularly, known as 419), contract deals, embezzlement and mismanagement in
both the public and private sectors are also on the increase. The aggregate of
the traditional crimes mostly committed by the less privileged and white collar
crimes mostly committed by the highly placed call for a change in the
strategies for the prevention and control of crime in Nigeria,
The existing patterns in criminal activities
show that criminals are getting more organized, sophisticated and brutal in the
manner they carry out their dastardly acts, either in the way they physically
attack individuals with dangerous weapons or the method they use in taking
advantage of their official positions to steal and stash away millions of
public funds in foreign and domestic accounts. Equally worrisome is the new
dimension in organized criminal behaviour in Nigeria involving acts of
terrorism and sabotage against individuals and public places. Recent incidents,
in which some individual were stalked and eventually trapped in the volley of
bullets from assault weapons, depict the viciousness of violent criminals.
These acts are usually well-planned, orchestrated, syndicated and organized in
the mafia-type fashion. In addition to these new patterns of violent crimes
against persons, there is also the equally disturbing criminal behaviour
against the Nigerian economy leading to the collapse of financial institutions
and government parastatals. In short, we are witnessing the emergences of
dangerous trends in the nation’s social and economic well-being.
Three bodies
are responsible for the administration of criminal justice in Nigeria. These
bodies are: the Courts, the Police and Prisons. This research focuses on the
police functions in the administration of justice and the manner in which such
functions are carried out.
The primary
functions of the police are detection and prevention of crime as well as
preservation of law and order. The police has constitutional powers of ensuring
the prevalence of law and order and the preservation of public peace.
The 1999 Constitution of the Federal Republic
of Nigeria confer on the police force powers and duties for effective oversight
and accountability[1]
Added to the
above, is the seeming lopsidedness in recent times in the prosecution of
criminal offences as it affects the privileged and less privileged members of
the society. On a day to day basis in
Nigeria, Magistrates and other inferior courts are inundated with minor cases
of stealing, cheating, criminal breach of trust and traffic offences committed
by Nigerians who in most cases belong to the less privileged class of the
society. In fact, some months back, a
Magistrate
Court
sitting in Lagos attracted attention when she sentenced hundreds of Nigerians,
some of whom under aged, to different terms of imprisonment without option of
fine for minor traffic and environmental offences. On the contrary, the prosecution of most blue
or white collar offences hardly attracted the same level of success or
determined prosecution. The prosecutions
of several persons alleged to have committed serious crimes of official
corruption have dragged on for years without success.[2]
Two factors
seem responsible for the above situation – the overriding powers of the
president and state governors in the appointment and removal of Lawyers and the
refusal of the judiciary in Nigeria to invoke the power of judicial review on
the exercise of powers by the Lawyers on the ground that the powers are
absolute and subject to no judicial review what so ever.5.
The above
background facts therefore, motivated the desire of writing this
dissertation. The dissertation looked at
the aforementioned problems and offered suggestions towards solving the same
and achieving a better administration of criminal justice in Nigeria.
1.2 Statement of the Problem
The Nigeria
Police is saddled with the responsibility of maintenance of law and order. It
also protects, prevents and investigates criminal activities. In the discharge
of these duties, the force has over the years failed. This is by virtue of
certain inherent problems and challenges that has militated the force in its
application of its powers as have been statutorily provided. Some of these
problems are:
a. The abuse of human rights,
collection of bribes, corruption in the force, flagrant shooting of suspects
and fellow policemen, illiteracy and incompetence of certain police officers to
the mounting of illegal road blocks.
b. Lack of respect for fundamental
human rights of every citizen in the discharge of their duties. These rights
and liberties take the forefront in the operation of the rule of law in all
democracies of the world today. Sadly, even when the Nigerian Constitution of
1999, reserves an entire chapter (the famous chapter iv) declaring and
providing for the protection of these rights, the Police still continue to
engage in their abuse from time to time.
c. There is police lawlessness which
begins with small irregularities or illegalities such as the disquieting
features of committing crime of falsifying crime records against accused
persons. These sorts of events, actions or inactions indulged in by policemen
show an open disregard for the principles of the rules of law and civilized
conduct which adversely affect police discipline and make mockery of the
Nigeria Police force generally.
d. There is also the problem of
police extortion at road checkpoints, arbitrary arrest and detection, torture
of detainees, administrative cover-ups are a few of the crimes committed by the
police force in their pursuit for justice which they claim to uphold.
e. Again, the Nigerian Police in the
modern age seem to be handicapped in the face of current realities. It has been
noticed that despite the teeming police personnel, the force is still bereft of
manpower in certain quotas. There have been situations in which the police
complain of shortage of staff when issues are reported to them.
f. Another problem is the lack of
scientific and technological equipment for detecting crimes by the police.
g. The police are handicap on the
following aspects: Shortage of manpower
i) Inadequate transport facilities
ii) Lack of scientific equipments for
detecting crime
1.3 Aims and
Objectives
The aims and
objectives of this research work are:
1) To examine the role of the Nigeria Police
and Lawyers in the administration of justice.
2) To identify the inadequacies of the police
in the discharge of their functions.
3) To proffer practical solutions for combating
crimes in Nigeria.
1.4
Justification The importance of this
research work cannot be over
emphasized.
It analyses the role of Police in the Administration of Justice in Nigeria in
order to give the public clearer views on police administration. Also, the
research is necessitated to show case the
indiscriminate
violations of human rights by the police and the gross increase of crime rate
in the country which often leaves much to be desired.
With the
above issues, this research will serve as a viable
source of
information to all and sundry. First, it will benefit the police, those engaged
in the administration of justice, law enforcement agencies and the court. It
will also provide relevant suggestions on how best to curb the increase of
crimes; it is also of immense benefit to policy makers, government officials,
academicians, students and anyone interested in the peaceful co-existence of
the Nigerian populace.
1.5 Scope of the Research
This
research is limited to the Role Of Lawyers And Police In Administration Of
Justice in the administration of justice. It will also look into the issues of
crimes prevention and mechanisms for control crimes in Nigeria. But, reference
shall be made to the former colonial master (United Kingdom) who introduces
police administration in Nigeria. Analysis was also made to other police
organization to enhance more knowledge on this area.
1.6 Research Methodology
The
methodology employed in this research is doctrinal. That is, both the primary
and secondary sources shall be employed such as the examination of statutes,
Case laws, law reports, textbooks by renounced scholars. Other library
materials such as journals, newspapers had been made reference to. Of course,
internet sources were considered for current trends on crime detection and
prevention. Encyclopedias, thesaurus and police diaries have been made
reference
to.
1.7 Literature Review
This work
examines an institution of great historical and political interest and
significance. Together with the judiciary, civil services and the military, the
police constitute one of the key institutions of a modern state. In particular,
the origins, development and role of the police have not only prevented,
detected and crime, they have also maintained law and order, preserved public
safety and generally buttressed the existing governments, which were at first
British and later Nigerian.
Alcock, R.N. in his book, “Police Instruction
Book”[3] discussed very fundamental issues on crime prevention and detection.
His work is indepth on the role of police in the prevention of crime, but
failed to address to the minute detail of issues of enforcement of law. Also,
his work, though relevant for this research, it is not in tune with
contemporary issues as they obtain in Nigeria.
Adebayo
M.A., while writing on the powers of Lawyers in the institution and conduct of
criminal prosecution, observed that the powers of
Lawyers are
too wide and subject to whimsical exploitation by the political class in
Nigeria. He opined that as the Lawyers
combines the office of the Chief Law Officer and Chief Legal adviser to the
government of either the Federation or the State (which automatically makes him
a member of the executive council) it will be very difficult for him to go
against the will of his appointer in matters of personal interest to the
appointer. This arrangement according to
him is very dangerous to the administration of criminal justice in Nigeria
since the powers of the Lawyers may be invoked by the executive to compromise
criminal prosecution against their political supporters; whilst at the same
time using the power to whimsical advantage in haunting political opponents
with criminal prosecution. He therefore,
suggested that as the powers of Lawyers is not reviewable by any court of law
in Nigeria, “the provisions of section 174 and 211 of the Constitution should
be amended to allow the court to have the power to review the exercise of the
powers of Lawyers where it is found out to be grossly abused or where the
exercise of such power will engender injustice to any member of the public.”[4]
[1] Section
214(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria with
Amendments 2011.
[2] Babalola
A., (2015), The need to separate office of the Minister of Justice from the
Attorney General of the Federation, Babaji/AppData/Local/Temp/Low/CTLH4X.htm,
12/05/2015. 5State vs Ilori (1983) 2 S.C. p. 155.
[3] Alcock,
R.N., Police Instruction Book, (Worth Publishers, New York, 2005), p. 18.
[4] Adebayo,
M.A. (2012), Administration of Criminal Justices System in Nigeria, Princeton
Publishing Co., Ikeja-Lagos, , PP. 125-127.
HOW TO GET THE FULL PROJECT WORK
PLEASE, print the following
instructions and information if you will like to order/buy our complete written
material(s).
HOW TO RECEIVE PROJECT MATERIAL(S)
After paying the appropriate amount
(#5,000) into our bank Account below, send the following information to
08068231953 or 08168759420
(1) Your project
topics
(2) Email
Address
(3) Payment
Name
(4) Teller Number
We will send your material(s) after
we receive bank alert
BANK ACCOUNTS
Account Name: AMUTAH DANIEL CHUKWUDI
Account Number: 0046579864
Bank: GTBank.
OR
Account Name: AMUTAH DANIEL CHUKWUDI
Account Number: 2023350498
Bank: UBA.
FOR MORE INFORMATION, CALL:
08068231953 or 08168759420
AFFILIATE
Comments
Post a Comment