HomeFeaturesStakeholders Chart Ways To Promote Police Accountability, Improve Complaint Mechanisms

Stakeholders Chart Ways To Promote Police Accountability, Improve Complaint Mechanisms

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Juliana Francis

Mrs Uju Ukeje and her two-year-old son were both arrested and detained by the Lagos State Police some time ago.

They were arrested after Police Operatives could not find her husband, Gibson, who owed the company some money and could not pay back the debt on time.

Uju and her son were detained for two days. The woman later disclosed that she was in her shop in the Egbeda area of Lagos State with her son when the police team, led by a sergeant swooped on them.

According to her, the police sergeant who led the team locked up her restaurant and refused to listen to her pleas.

She added, “The company representative of the company my husband owed money and who supplied goods to my husband said that the instruction was for Gibson to be arrested. Since they could not get my husband, my son and I were arrested.”

Uju explained that her husband could not meet up with the company’s payment because her husband was robbed. Following the arrest of Uju and her son, who was detained for two days, the food in the restaurant was spoilt.

Uju recalled that the sergeant collected her child from her and then locked her up. She added: “I was not released until my husband paid the company. We were detained for two days without food.”

Uju was arrested in lieu, which is against the law.

Illegal arrest, arrest in lieu and involvement of the Nigeria Police Personnel in civil matters were some of the concerns that some human rights activists, lawyers, journalists and others discussed at a stakeholders’ partnership town hall meeting on the theme: ‘Promoting Human Rights, Law Enforcement Accountability, and Effective Criminal Justice Delivery in Lagos State.’

The meeting was held at the Egbeda area of Lagos State, with a special focus on enforcement of the Administration of the Criminal Justice Act (ACJA) in the Lagos State Police Command.

The event was organised by the Rule of Law and Accountability Advocacy Centre (RULAAC) and supported by International IDEA/ROLAC.

One major issue discussed at the meeting was the continual violations of citizens’ rights by members of the Nigeria Police Force, despite enshrined laws in the Administration of the Criminal Justice Act (ACJA).

Lagos State, otherwise known as Centre of Excellence, is known for piloting actions that other states usually copied, it was therefore agreed that if police involvement in human rights violations can be tackled or curtailed in Lagos State, the other states will naturally follow in its footsteps.

Sadly, members of the Lagos State Police Command, who were the focus of the discussion and the reforms, were not at the event, even though they were invited.

Indeed, the Lagos State Commissioner of Police, Jimoh Moshood, who had earlier accepted to speak on, “Public Safety, Policing, and Human Rights in Lagos State,” stood up the expectant participants.

Many of the participants, without mincing words, told the chairman of the meeting, Malachy Ugwummadu Esq, that they attended the event, not just because they wanted to listen to the CP, but also to share their security experiences in Lagos State and ideas with him.

The Executive Director of RULAAC, Mr Okechukwu Nwanguma, was represented by a human rights lawyer, Samuel Akpologun at the meeting.

Nwanguma in his welcoming remark, highlighted the importance of the meeting, emphasising that it seeks to discuss and collaborate on critical issues affecting the Nigerian communities and uphold the rule of law.

He said: “This town hall meeting is part of our ongoing commitment to fostering dialogue and collaboration between civil society organizations, law enforcement agencies, and other stakeholders. It is particularly significant as we reflect on the progress and challenges we face in promoting human rights and accountability within our policing systems.”

He explained that the Lagos State Stakeholders Forum on Police Accountability was established in 2018 under the Nigeria Policing Project (NPP) of the British Council.

Its purpose has been to create a robust platform for civil society organizations, including the National Human Rights Commission (Southwest), to engage with the police and other criminal justice institutions.

Together, “we have aimed to enhance the capacity of police accountability units and empower citizens to effectively utilize existing mechanisms to address police abuses of human rights,” he said.

According to Nwanguma, the overarching goals of the meeting are threefold, Strengthening Engagement, Building Capacity and Promoting Awareness.

He said that in Strengthening Engagement, “We aim to strengthen the dialogue between police accountability units and the community. By sharing insights, experiences, and challenges, we can foster a mutual understanding that leads to more effective policing strategies and enhanced community safety.”

Also concerning Building Capacity, Nwanguma said, “We will discuss initiatives to further build the capacity of police accountability units, ensuring they are equipped to address the concerns of citizens. This involves training, support, and the establishment of clear channels for reporting and addressing grievances related to law enforcement practices.”

Enlightening participants on the third goal which is Promoting Awareness, the activist said: “Citizens must be aware of their rights and the mechanisms available to them. Through this Town Hall, we hope to raise awareness about human rights and the importance of accountability within our law enforcement agencies, encouraging an active and informed citizenry.”

While stressing that participants’ input and commitment were vital to advancing human rights and promoting accountability within the Nigerian policing system, Nwanguma added that effective police complaint mechanisms were crucial for promoting accountability, transparency, and trust in law enforcement.

To achieve this, said Nwanguma, such mechanisms must adhere to key values, one of which is accessibility.

Accessibility here means ensuring that the public is aware of the mechanisms for reporting and resolving service failure complaints. Then there is transparency, which means to provide clear information on the complaint process, timelines, and outcomes.

Another is Independence, which ensures that the complaint mechanism is impartial and free from undue influence. Then there is fairness, which means to treat all complaints equally, without bias or discrimination.

The list also has Timeliness and Informing Policy Makers. Timeliness here entails resolving complaints promptly, with clear timelines for investigation and resolution, while Informing policymakers means providing feedback to policymakers on systemic issues and necessary measures to address service failures.

Nwanguma stated: “By upholding these values, police complaint mechanisms can enhance public trust and confidence in law enforcement; identify and address systemic issues and service failures; promote accountability and transparency within police forces, and foster a culture of continuous improvement and learning. Ultimately, effective police complaint mechanisms are essential for ensuring that law enforcement agencies serve and protect their communities with integrity and respect for human rights.”

The Honourable Attorney General and Commissioner for Justice, Lagos State, Mr Lawal Pedro, a Senior Advocate of Nigeria (SAN), represented by Barrister Innumidun Solarin, Special Adviser to the Commissioner, spoke on the ‘Implementation of the Lagos State Administration of Criminal Justice Law (ACJL): Progress, Challenges and Opportunities for improvement.’

She explained that the Lagos State Administration of Criminal Justice Law (ACJL) is a vital legislation designed to streamline and improve the criminal justice system in Lagos State, aiming to ensure fairness, efficiency, and the protection of the rights of individuals within the system.

She also mentioned that the law came into being and was amended in the year 2021 because the law must be dynamic to reflect the prevailing circumstances in the State.

Solarin said that in discussing the progress of the (ACJL), “we cannot overemphasis on the impact of the Law as it relates to Human Rights and the accountability of the Police to the citizenry and the State as a whole.”

She noted that the ACJL emphasizes the protection of the fundamental rights of suspects and defendants. This, she said, includes provisions against unlawful arrest, detention, and torture.

She added: “For example, let’s take a look at Section 4 (1) of the ACJL amendment, where it states that: “A person shall not be arrested instead of any other person in a criminal matter” and the law further states in subsection (4): “A person or law enforcement officer who arrests in contravention of subsection (1) of this section commits an offence and is liable for misconduct”.”

She argued that another progress of the ACJL is the regulations for the humane treatment of arrested individuals this is displayed in Section 9A of the Law which states that: “As from the commencement of this Law, the Police shall refrain from parading any suspect before the media”. Section 17 provides for the Rights of the suspects not to be dehumanized by any law enforcement agency or arresting body.

“It provides clear guidelines for arrest procedures, including the requirement to inform arrested persons of the reasons for their arrest,” said Solarin.

She stressed that the law seeks to expedite criminal proceedings, reducing delays in the administration of justice.

She noted: “Any objection to the sufficiency of the proof of evidence is to be taken by the trial Judge after the Prosecution has closed its case. This is to eliminate unnecessary delays associated with objections in Court. Another progress of the ACJL is as it relates to plea bargaining as provided for in Section 77.

“It promotes measures like plea bargaining to streamline certain. The ACJL introduces modern practices during court proceedings for witnesses who are out of the jurisdiction or who cannot give evidence physically. This is provided for in Section 200 (1) -(3), and this allows the witnesses to tell their story without physically appearing in the court.

“Furthermore, the ACJL introduces modern practices such as the recording of statements and the use of technology, enhance the accuracy and transparency of the system by reducing the issue of involuntariness of statements being raised by defendants when confessional statements are being tendered in Court. “The introduction of Lagos Criminal Information System (LCIS) is to help create a database of persons who have come in contact with the Criminal Justice System.”

Solarin said that the Lagos State government now has a system where information on people in custody can be tracked thereby reducing the awaiting trial inmates syndrome.

“This has helped in ensuring the timely provision of inmates in courts for speedy determination of cases, thereby reducing congestion in the final stage. We have also introduced virtual hearings in respect of inmates who have cases in courts far from Correctional Centers,” she said.

She further said that the state is employing Information Technology to improve the Criminal Justice System and that the ACJ law encourages the use of alternatives to imprisonment, which are rules governing Community Service.

Her words: “Some of the purposes of this are to reduce and decrease the correctional facilities and institutions, rehabilitate and reintegrate convicted persons by making them undergo productive work, and avoid mixing persons convicted of simple offences with persons of serious offences.

“Sections 347 of the ACJL 2021 Amendment Law. One of the major challenges is non-compliance with Section 9A by security agencies; the Law has stated that no suspect should be paraded on media, there are reasons for this, for example, in cases where the Court finds the suspect not guilty and acquits him, what becomes of him?”

She also disclosed that the Lagos State government was making an effort to ensure that Police Officers conduct proper investigations and videos, including recording of statements by suspects at the Station and in the presence of a lawyer.

Solarin mentioned that the provision of the ACJL concerning this aspect conforms with international best practices, as it helps to reduce allegations of torture or any inhuman treatment by Police investigators.

She said: “There is a need for more advocacy on the use of community services as a mode of punishment for persons who have been convicted of simple offences by Judges and Magistrates of the Judiciary as this will decongest the correctional facilities and also make the convict a better person by giving back to the society.

“The bane of society is that we desire a good and better society, but we are not ready to make sacrifices. To have a crime-free society is impossible, but to reduce crime to the minimum is achievable with the people playing active roles in ensuring that crimes are promptly reported and witnesses are available to testify in court.  The police and government cannot do it alone. Rather, it is only a collaborative effort that can ensure a better society.”

The Director, National Human Rights Commission (NHRC), Lagos State, Dr. Lucas B. Koyejo, speaking on, ‘Police Accountability In Lagos State: An Appraisal,’ asked the burning question of why is accountability important in Policing.

He thereafter explained that the police are entrusted with enormous powers that border on the limitation of human rights in circumstances where laws are violated.

He recalled that the popular saying that power corrupts and absolute power corrupts is apt to describe what happens when power is given without accountability, which serves to check the abuse of such lawful powers.

He said that the Nigeria Police Force has long been criticized for human rights violations, including extrajudicial killings, torture, and arbitrary arrests.

Lagos State, the most populous and economically significant state in Nigeria, serves as a critical case study for assessing police compliance with international human rights standards, said Koyejo.

He added: “Police accountability is a critical issue in Lagos State, given its role as the country’s economic hub and most populous state. The Lagos State Police Command is tasked with maintaining law and order. However, systemic challenges such as corruption, politicization, and weak oversight mechanisms have hindered effective accountability.

“This appraisal evaluates the current state of police accountability in Lagos, highlighting key issues, recent developments, and recommendations for improvement. Appraising Police accountability in Lagos State is very important due to the role of the police in maintaining law and order without which we cannot have a safe, secure and prosperous State.

“It is also pertinent due to the inglorious history of human rights violations and corruption that has plagued the Nigerian police force. In appraising the police in Lagos State several aspects will be considered which include institutional frameworks, challenges, recent reforms, the role of civil society and the impact on compliance with international human rights standards expected of the police.”

Koyejo explained that historically, the Nigerian Police Force, including the police in Lagos, has been negatively noted for its involvement in human rights abuses, such as extrajudicial killings, torture, arbitrary detention, and extortion.

He stressed that Police brutality has been a long-standing issue, with Lagos often at the centre of high-profile cases of misconduct.

He mentioned that the Special Anti-Robbery Squad (SARS), which was disbanded in October 2020, was one of the most controversial units of the Nigerian police force. SARS, he opined, was originally formed to address armed robbery and violent crime, but it became notorious for its involvement in extrajudicial killings, illegal detentions, torture, and extortion.

Lagos, as one of Nigeria’s largest and most economically significant states, became a hotbed for SARS-related abuse, said Koyejo.

Koyejo noted that the #EndSARS protests in 2020 were a major turning point for police accountability in Nigeria, including Lagos State and as a result, the federal government disbanded SARS, but concerns regarding police brutality persist.

His words: “While the disbandment of SARS was a significant step, it does not address the systemic issues within the police force as a whole. The root causes of police misconduct, such as inadequate training, poor working conditions, insufficient oversight, and low pay, were not fully addressed.”

Koyejo stated that the Complaint Response Unit (CRU) is a special unit of the Nigerian Police Force established to improve police accountability, transparency, and public trust through the investigation of complaints from the public about police conduct, misconduct, or unprofessional behaviour.

He also said: “The CRU is under the supervision of PPROs of State Commands. The CRU investigates complaints about police misconduct, such as extortion, bribery, harassment, and human rights violations. Members of the public can report complaints through various channels, including phone, email, social media, and in-person visits to CRU offices.

“The CRU is expected to recommend and take appropriate disciplinary measures against erring officers. The CRU of the Nigeria Police is a vital component of the Nigerian Police, responsible for addressing public complaints and grievances.

“However, many Nigerians are unaware of the existence of these Units, their mandates and procedures, leading to underutilization and mistrust.  The National Human Rights Commission plays a vital role in ensuring police accountability in Nigeria by investigating human rights violations, advocating for reforms, and promoting public awareness.

“However, for the NHRC to be more effective, it requires greater independence, adequate funding, and the cooperation of all stakeholders, including the government, the police, and civil society. By strengthening its oversight functions, the NHRC can contribute significantly to building a police force that respects human rights and operates with transparency and accountability.

“NHRC plays a critical oversight role by ensuring that the Nigeria Police Force (NPF) respects and upholds the human rights of citizens. The NHRC investigates complaints of human rights abuses committed by police officers, including extrajudicial killings, torture, unlawful arrests, detention, and other forms of misconduct.

“It has the power to summon police officers, victims, and witnesses to give evidence during investigations. The Commission ensures that victims of police brutality or abuse receive justice and that perpetrators are held accountable.”

Koyejo opined that the Nigerian media, both traditional and social, has also been an important tool in shining a light on police abuses.

“In particular, social media platforms have allowed citizens to document police misconduct in real-time and share it with the world.  In the context of Lagos, Twitter, Instagram, and Facebook became powerful tools for organizing protests, spreading information, and exposing instances of police brutality. Traditional media outlets, such as Channels TV, The Guardian Nigeria, and Premium Times, have also taken up the issue of police accountability by regularly covering incidents of police abuse and providing a platform for victims to share their stories.”

The Director said that corruption remains a pervasive issue within the Lagos State Police Command. This practice, he stressed, not only undermines public trust but also perpetuates a cycle of impunity.

He explained: “For instance, Transparency International found that 72% of Nigerians perceive the police as corrupt, with 33% of respondents in Lagos reporting direct experiences of bribery.  Police operations and investigations are often subject to political influence, which can compromise their impartiality and accountability. The appointment of senior police officers in Lagos is often influenced by political allegiances rather than merit.

“Police accountability in Lagos State has made progress in recent years, especially following the #EndSARS protests. Reforms have been introduced, and there is an increased public demand for justice. However, significant challenges remain, including weak oversight mechanisms, a culture of impunity, and inadequate police training and welfare. Comprehensive reforms, including better training, oversight, and accountability mechanisms, are essential to ensure that the Nigerian police comply with human rights standards.

Koyejo said to ensure effective police accountability, both institutional reform and cultural change must occur.

This, he said, means not only improving the legal and institutional mechanisms for accountability, such as the Police Act of 2020 and the creation of independent oversight bodies, but also addressing the underlying issues of corruption, impunity, and insufficient resources within the force.

Koyejo said that additionally, building public trust through consistent engagement, transparency, and a commitment to tackling police misconduct will be crucial. Civil society and media organizations will continue to play a key role in advocating for reform and holding both the police and government accountable to the people they serve.

To him, ultimately, police accountability in Lagos State requires both top-down reforms from the government and bottom-up engagement from the public to create a more transparent, fair, and effective policing system.

He also maintained that while there has been notable progress in recent years, including legislative reforms and heightened public awareness around police misconduct, police accountability in Lagos still faces significant challenges.

Systemic issues such as corruption, lack of accountability, and a culture of impunity continue to undermine the protection of human rights, said Koyejo.

He further added: “Police accountability in Lagos State remains a significant challenge, with corruption, politicization, and weak oversight undermining public trust. While recent leadership changes and reform initiatives offer hope, sustained efforts are needed to address systemic issues. Strengthening oversight, depoliticizing appointments, and enhancing community engagement are critical steps toward building a more accountable and effective police force in Lagos.”

 

 

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