AN OVERVIEW OF POLICING IN DEMOCRACY AND OBSERVANCE OF HUMAN RIGHSTS BY THE NIGERIA POLICE FORCE
CHAPTER ONE
GENERAL INTRODUCTION
2.0 Introduction
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 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 . McCulley 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.
