THE POLICE ACT 2020 AS A PRIMER FOR ADDRESSING POLICE BRUTALITY IN NIGERIA

Ngozi Chinwa Ole(1), Akinleye Oluwabunmi Temitope(2),


(1) Research Team Head, Environment and Water Regulation Unit, African Centre of Excellence for Water and Environmental Research (ACEWATER), Redeemers University, Nigeria; Senior Lecturer, Faculty of Law, Federal University, Oye Ekiti, Ekiti State, Nigeria.
(2) Lecturer, Faculty of Law, Federal University, Oye Ekiti, Ekiti State, Nigeria
Corresponding Author

Abstract


Police brutality has assumed the front burner in national discourse as one of the most pressing problems in Nigeria. The Police Act 2020 has been lauded as having provisions that will address policing challenges, including brutality. This paper analyses the 2020 Act to determine how its provisions can help address police brutality in the country. It finds that some of its provisions will serve as a catalyst for addressing police brutality in the country, but other factors will limit its potential in this context. Among other things, it was argued that the obligation on the police to uphold fundamental human rights is a cap on their limitless discretionary powers, which breeds brutality. The provision forbids the profiling of suspects based solely on their hairstyle and dressing was argued also to curtail the excesses of the police that births brutality. The mandatory training of the police, including on areas that positively impact minimising brutality, was also argued to be a welcome development. The provisions on community policing committees were analysed and it was argued that it would facilitate a healthy relationship between the police and, the community, which will avert brutality. Among other things, it was argued that the lack of specification of the training frequency might undermine the Act's potential in this context. The paper was concluded with key recommendations, including widespread awareness that will usher in the foundation for accountability by the police for this purpose.


Keywords


The Police Act 2020, Police Brutality, Community Policing Committees, Accountability, Fundamental Human Rights, Training

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