Introduction
Police harassment, intimidation, and molestation have unfortunately become common experiences for many Nigerians. Despite the Nigerian Police Force’s mandate to protect and serve the citizens, some officers abuse their powers, leaving many victims feeling helpless. However, as a layman, there are legal and practical steps you can take to protect your rights and seek justice if you encounter such misconduct. This article will explore actionable steps to legally deal with police officers who abuse their powers, ensuring you are informed and empowered.
Understanding Your Rights Under Nigerian Law
Before diving into how to address police misconduct, it is essential to understand your rights as guaranteed by the Nigerian Constitution and other relevant laws.
1. Right to Dignity of Human Person (Section 34, 1999 Constitution)
You are protected from torture, inhuman treatment, and degrading conduct. Police officers have no right to molest or harass you in any form.
2. Right to Personal Liberty (Section 35, 1999 Constitution)
You cannot be unlawfully detained without a valid reason. If you are arrested, you must be informed of the reason and presented before a court within 24 or 48 hours, depending on the proximity to a court.
3. Right to Freedom of Movement (Section 41, 1999 Constitution)
No police officer has the right to restrict your movement arbitrarily.
4. Right to Remain Silent (Section 6, Administration of Criminal Justice Act, 2015)
If arrested, you have the right to remain silent and refuse to answer questions until you consult a lawyer.
5. Right to Legal Representation
You have the right to contact a lawyer if arrested or questioned by the police.
Common Types of Police Harassment
Police misconduct in Nigeria takes various forms, including:
• Unlawful arrest and detention.
• Physical or verbal abuse.
• Extortion of money through intimidation.
• Police harassment at checkpoints.
• Threats or attempts to implicate individuals falsely.
Legal and Practical Steps to Deal with Police Harassment
1. Stay Calm and Document the Incident
• In any encounter with the police, remain calm and avoid confrontation. Arguing or raising your voice could escalate the situation.
• Take note of essential details such as:
• The officer’s name and rank (check their badge or nameplate).
• The station they are attached to.
• The date, time, and location of the incident.
• Names and contact information of witnesses, if any.
• If possible, record the incident discreetly using your phone, as video evidence can be invaluable.
2. Politely Assert Your Rights
• If a police officer stops or attempts to arrest you, ask politely for the reason. You have the right to know why you are being stopped, detained, or arrested.
• If asked to follow them to the station, request to contact your lawyer immediately.
3. Refuse to Pay Bribes
• Police officers may attempt to intimidate you into paying a bribe. Do not offer or agree to pay bribes, as this could incriminate you.
4. Report to the Police Complaints Response Unit (CRU)
The Nigerian Police Force has a Complaints Response Unit (CRU) designed to handle cases of police misconduct. To report, use the following contact details:
• Call or SMS: 0805 700 0001 or 0805 700 0002.
• WhatsApp: 0805 700 0003.
• Email: policepcru@npf.gov.ng.
• Twitter: @PoliceNG_CRU.
When reporting to the CRU, include:
• The officer’s name and station.
• A detailed account of the incident.
• Evidence such as videos or photographs.
5. Petition the Police Service Commission (PSC)
If the CRU does not resolve your complaint or the misconduct is severe, you can write a formal petition to the Police Service Commission (PSC). The PSC is responsible for disciplining police officers who abuse their powers.
Address petitions to:
• The Chairman, Police Service Commission, Federal Secretariat Complex, Abuja.
Include the following in your petition:
• A summary of the incident.
• Evidence of the misconduct.
• Your request for disciplinary action against the officer(s).
6. Seek Legal Redress Through the Courts
If the misconduct involves violation of your fundamental rights, you can file a Fundamental Rights Enforcement action in a High Court.
• This action allows you to seek redress for unlawful arrest, detention, torture, or harassment.
• Engage a lawyer to prepare and file the necessary documents on your behalf.
7. Escalate to the National Human Rights Commission (NHRC)
The NHRC is empowered to investigate and address human rights violations, including police misconduct. You can file a complaint at any of their offices nationwide or through their official website.
8. Contact Civil Society Organizations
Many NGOs and civil society groups in Nigeria advocate against police brutality and human rights violations. Examples include:
• Access to Justice.
• SERAP (Socio-Economic Rights and Accountability Project).
• Amnesty International Nigeria.
These organizations can provide legal assistance and help amplify your case.
Tips for Avoiding Police Intimidation
• Be Polite but Firm: Always remain respectful, but do not compromise your rights.
• Avoid Late-Night Movements: Many incidents of police harassment occur late at night, especially at checkpoints.
• Travel with Identification: Always carry valid identification to avoid unnecessary detention.
• Know Your Lawyer’s Contact Details: Have your lawyer’s phone number saved for emergencies.
What to Do If Arrested
1. Demand to Know the Reason for Arrest: The officer must inform you of the reason for your arrest.
2. Request Legal Representation: Call your lawyer immediately.
3. Remain Silent: Do not answer questions or sign any documents without your lawyer present.
4. Demand to Be Taken to Court Promptly: If detained, you must be brought before a court within 24 or 48 hours.
Legal Frameworks Against Police Misconduct
Several laws and reforms have been introduced to curb police abuse:
• Administration of Criminal Justice Act (ACJA), 2015: Ensures the protection of suspects during investigations.
• Anti-Torture Act, 2017: Prohibits the use of torture by police officers.
• Police Act, 2020: Provides guidelines for police conduct and emphasizes community-oriented policing.
Dealing with police harassment or intimidation requires a combination of legal knowledge, composure, and decisive action. While systemic reforms are needed to address police misconduct comprehensively, you can protect your rights by staying informed and following the outlined steps. Remember, the law is on your side, and mechanisms exist to hold erring officers accountable. If you or someone you know is a victim of police misconduct, take immediate action by documenting the incident, reporting to the appropriate authorities, and seeking legal redress.
For further assistance or legal advice, contact Chaman Law Firm at:
• Phone: 08065553671, 08096888818
• Email: chamanlawfirm@gmail.com
We are committed to protecting your rights and ensuring justice.
