New Nigeria Police Act: Safeguards Against Officer Misconduct

The newly implemented Nigeria Police Act includes provisions aimed at safeguarding citizens from misconduct by police officers. For instance, as stated in Section 32 (2), police officers are prohibited from arresting individuals for civil disputes or for failing to pay debts.

Another significant provision, Section 34, asserts that suspects should not be handcuffed unless they are violent, are attempting to evade capture, represent a threat to safety, or have been instructed to do so by a court.

According to Section 35 (1), officers are required to communicate the reasons for a suspect's arrest. Additionally, Section 35 (2b) mandates that following an arrest, the police or the Divisional Police Officer (DPO) must inform the suspect of their right to consult with a lawyer prior to making any statements or answering questions.

Those who cannot afford legal representation are entitled to free legal services through the Legal Aid Council of Nigeria, as indicated in Section 35 (2C).

Furthermore, Section 35 (3) stipulates that upon arrest, the police must notify the suspect's next of kin or a relative at no cost to the suspect.

The Act clarifies in Section 36 that individuals cannot be arrested in the place of a suspect. Section 37 ensures that no suspect is subjected to torture or degrading treatment.

Also notable is Section 54, which makes it illegal for police to conduct searches based on a person's hairstyle, clothing style, personal characteristics, or past convictions. For offenses not punishable by death, Section 62 specifies that the police cannot hold a suspect for more than 24 hours without presenting them in court or providing bail.

Additionally, if a suspect is detained beyond 24 hours for non-capital offenses, they have the right to request bail from the court, as per Section 64.

Moreover, Sections 131 and 133 outline the establishment of a Police Complaints Response Unit in each command, tasked with receiving complaints regarding officer misconduct, enhancing accountability and transparency within the police force.

Source: Nigeria Police Act, 2020