| [ |
| { |
| "source": "Police Act", |
| "section_number": "1", |
| "title": "General objective", |
| "content": "The objective of this Act is to provide for a more efficient and effective police service that is based on\nthe principles of:\n(a) accountability and transparency;\n(b) protection of human rights and fundamental freedoms; and\n(c) partnership with other security agencies." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "2", |
| "title": "Specific objectives", |
| "content": "The specific objectives of this Act are to:\n(a) provide for a Police Force that is more responsive to the needs of the general public and has\nentrenched in its operations the values of fairness, justice and equity;\n(b) reposition the Police Force to uphold and safeguard the fundamental rights of every person in\nNigeria in its operations;\n(c) bring about a positive change in the public perception of the Police Force by ensuring that its\nfunctions are performed in a manner sensitive to the needs and well-being of the general public;\n(d) empower the Police Force to effectively prevent crimes without threatening the liberty and\nprivacy of persons in Nigeria;\n(e) strengthen the Police Force in the performance of its functions, including safety and security\nof all persons, communities and property in Nigeria;\n(f) ensure that the police performs its functions by creating the enabling environment to foster\ncooperation and partnership between it and the communities it serves to effectively prevent,\nreduce or eradicate crimes;\n(g) develop professionalism in the Police Force by providing relevant training in all police\nformations in Nigeria for enhanced performance; and\n(h) respect for rights of victims of crime and an understanding of their needs.\n PART II \u2013 ESTABLISHMENT, COMPOSITION AND DUTIES OF THE NIGERIA POLICE FORCE" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "3", |
| "title": "Establishment, composition and duties of the Nigeria Police Force", |
| "content": "(1) There is established for Nigeria the Nigeria Police Force (in this Act referred to as \"the Police\nForce\") which shall, subject to the provisions of the Constitution of the Federal Republic of Nigeria:\n(a) be organised and administered in accordance with the provisions of this Act; and\n(b) have such powers and duties and carry out such responsibilities as are conferred on it under\nthis Act or any other law.\n(2) The Police Force shall consist of:\n(a) all persons who, immediately before the commencement of this Act, were members of the\nPolice Force;\n(b) the Inspector-General of Police;\n(c) persons appointed to offices in the Police Force by the Police Service Commission under Part\nIV of this Act;\n(d) Special Constables appointed under this Act; and\n(e) such other persons that may be appointed under this Act.\n(3) The hierarchy of the Police Force is as specified in the Schedule to this Act." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "4", |
| "title": "Primary functions of the Police Force", |
| "content": "The Police Force shall:\n(a) prevent and detect crimes, and protect the rights and freedom of every person in Nigeria as\nprovided in the Constitution, the African Charter on Human and Peoples Rights and any other\nlaw;\n(b) maintain public safety, law and order;\n(c) protect the lives and property of all persons in Nigeria;\n(d) enforce all laws and regulations without any prejudice to the enabling Acts of other security\nagencies;\n(e) discharge such duties within and outside Nigeria as may be required of it under this Act or any\nother law;\n(f) collaborate with other agencies to take any necessary action and provide the required\nassistance or support to persons in distress, including victims of road accidents, fire disasters,\nearthquakes and floods;\n(g) facilitate the free passage and movement on highways, roads and streets open to the public;\nand\n(h) adopt community partnership in the discharge of its responsibilities under this Act or under\nany other law; and\n(i) vet and approve the registration of private detective schools and private investigative outfits." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "5", |
| "title": "Duty of Police Force to enforce certain constitutional provisions, etc", |
| "content": "(1) The Police Force is responsible for promoting and protecting the fundamental rights of persons in\npolice custody as guaranteed by the Constitution.\n(2) For the purpose of subsection (1), the Police Force shall collaborate with and maintain close working\nrelationships with any government agency or relevant private initiatives in the establishment of schemes\nor mechanisms offering legal services to accused persons, detainees or accused persons in police\ncustody in need of legal services to ensure that they have full access to justice as laid down under the\nrelevant provisions of Chapter IV of the Constitution.\n(3) In addition to the provisions of subsections (1) and (2), the Police Force is also charged with the\nresponsibility for promoting and protecting the fundamental rights of all persons as guaranteed under the\nAfrican Charter on Human and Peoples' Rights (Ratification and Enforcement) Act and other international\nlegal instruments on human rights to which Nigeria is a signatory." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "6", |
| "title": "Establishment and functions of the Nigeria Police Council", |
| "content": "(1) There is established for the Police Force the Nigeria Police Council (in this Act referred to as \"the\nCouncil\") which is the highest policy making body in matters relating to the Police Force.\n(2) The Police Council shall consist of:\n(a) the President, who is the Chairman;\n(b) the Governor of each State of the Federation;\n(c) the Chairman of the Police Service Commission; and\n(d) the Inspector-General of Police.\n(3) The functions of the Police Council include:\n(a) the organisation and administration of the Police Force and all other matters relating to the\nPolice Force (not being matters relating to the use and operational control of the Police Force, or\nthe appointment, disciplinary control and dismissal of members of the Police Force);\n(b) the general supervision of the Police Force;\n(c) advising the President on the appointment of the Inspector-General of Police; and\n(d) receiving and deliberating on reports and advising the President or Inspector-General of\nPolice on actions to be taken:\n(i) pertaining to policing matters from the States of the Federation and the Federal\nCapital Territory, Abuja on any crucial decision of their security committee meetings held\nduring the three months preceding a quarterly meeting of the Police Council, and\n(ii) on security concerns relating to policing from the States and the Federal Capital\nTerritory, Abuja, and taking such action as it may consider appropriate.\n(4) The Police Council shall meet at least twice in a year and may hold emergency meetings when\nnecessary.\n(5) The Permanent Secretary, Ministry of Police Affairs, shall serve as secretary to the Police Council and\nhis office shall provide the necessary secretarial support for the work of the Police Council.\n(6) Subject to the provision of this section, the Police Council shall regulate its own proceedings.\n PART III- APPOINTMENT, REMOVAL, FUNCTIONS AND POWERS OF INSPECTOR-GENERAL\n OF POLICE" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "7", |
| "title": "Appointment, tenure, removal, etc., of Inspector-General of Police", |
| "content": "(1) The Inspector-General of Police is the head of the Nigeria Police Force and shall exercise full\ncommand and operational control over the Police and all its departments and units.\n(2) The person to be appointed as Inspector-General of Police shall be a senior police officer not below\nthe rank of an Assistant Inspector-General of Police with the requisite academic qualifications of not less\nthan a first degree or its equivalent in addition to professional and management experience.\n(3) The Inspector-General of Police shall be appointed by the President on the advice of the Police\nCouncil from among serving members of the Police Force.\n(4) The Inspector-General of Police of shall not be removed from office except for gross misconduct,\ngross violation of the Constitution of the Federal Republic of Nigeria or demonstrated incapacity to\neffectively discharge the duties of the office.\n(5) The Inspector-General of Police shall only be removed from office by the President on the advice of\nthe Police Council.\n(6) The person appointed to the office of the Inspector-General of Police shall hold office for four years." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "8", |
| "title": "Command of police in case of active service", |
| "content": "When required to perform military duties in accordance with the provisions of section 4 of this Act,\nsuch duties entailing service with the Armed Forces of Nigeria or any force for the time being attached\nthereto or acting therewith, the Police shall be under the command and subject to the orders of the officer\nin command of the Armed Forces in Nigeria, but for the purposes of internal security shall remain under\nthe control of a senior police officer." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "9", |
| "title": "Functions and powers of the Inspector-General of Police", |
| "content": "(1) The powers and functions of the Inspector-General of Police shall include:\n(a) the development of an overall national policing plan with inputs from the Police Force\nHeadquarters and all the various police formations nationwide before the end of each financial\nyear, setting out the priorities, objectives, cost implications and expected outcomes of policing for\nthe next succeeding financial year;\n(b) taking into cognisance the security situation across the country and its population, determine\nthe manpower distribution of the Police based on its numerical strength after due consultation\nwith the Police Service Commission;\n(c) administer and organise the Police Force into various components, units or groups for overall\noptimal performance and effectiveness;\n(d) ensuring regular training and re-training of police officers and other staff and personnel of the\nPolice Force and for this purpose, establish and maintain training institutions or centres for the\ntraining of members of the Police Force;\n(e) ensuring the physical, mental and psychological wellbeing of all Police personnel;\n(f) seeing to the welfare and conditions of service of Police personnel; and\n(g) performing such other functions or exercising such powers as may be conferred on him under\nthis Act or any other law.\n(2) The Inspector-General of Police shall, in addition to his functions under this section, ensure the\ndischarge by the Police Force of the responsibilities referred to under section 5 of this Act, and for this\npurpose, the Inspector-General of Police shall:\n(a) facilitate access to legal support for suspects, accused persons or detainees in police\ncustody;\n(b) ensure that police officers assigned to work under the relevant scheme provide necessary\nassistance as may be required by legal counsel; and\n(c) for the purposes of performing the functions under this section, submit to the Attorney-General\nof the Federation and National Assembly an annual report on how those responsibilities referred\nto under section 5(2) of this Act are discharged.\n(3) The Attorney-General of the Federation shall, after a review of the annual report received, send his\nfindings and recommendations to the President and publish same in his official website.\n(4) The Inspector-General of Police shall by order published in the Federal Government Gazette make\ndetailed provisions and specifications for the establishment and proper working of the schemes or\nmechanisms under section 5 of this Act.\n(5) The Inspector-General of Police shall, in performing his functions under this Act, obtain inputs from\nthe Deputy Inspectors-General and Assistant Inspectors-General of the Zonal Commands on the priority\nareas of policing for the Zones and incorporate submissions from Commissioners of Police of the States\nto be included in the overall national strategic plan for the next succeeding financial year.\n(6) The Inspector-General of Police may:\n(a) re-engage a retired police officer for a period of two years; and\n(b) upon application by the retired police officer, re-engage him for another period of two years." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "10", |
| "title": "Delegation of powers", |
| "content": "(1) The Inspector-General of Police may delegate any of his powers under this Act to any police\nofficer, as may be appropriate, and such powers may be exercised with respect to the matters or class of\nmatters specified or defined in the instrument of delegation.\n(2) Guided by the principle of efficiency and effectiveness, and for ease of delegation of powers, the\nInspector-General of Police shall devolve powers to Zonal, States, Area Commands, Divisions and Police\nPosts to ensure quick response to safety and security needs.\n POLICE, ASSISTANT INSPECTORS-GENERAL OF POLICE, COMMISSIONERS OF POLICE\n AND OTHER PERSONS INTO THE NIGERIA POLICE FORCE" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "11", |
| "title": "Appointment and duties of the Deputy Inspector-General of Police and Assistant", |
| "content": "(1) The Police Service Commission, on the recommendation of the Inspector-General of Police shall\nappoint for the Police Force such numbers of Deputy Inspectors-General of Police and such numbers of\nAssistant Inspectors-General of Police as are required for the efficient performance of the functions of the\nPolice Force.\n(2) A person appointed under subsection (1) shall:\n(a) hold office until promotion, retirement or removal by the Police Service Commission on\naccount of gross misconduct or incapacity to perform the functions of his office after following due\nprocess; and\n(b) perform such functions and responsibilities and exercise such powers as are assigned to him\nby the Inspector-General of Police.\n(3) The most senior Deputy Inspector-General of Police shall, in the absence from office of the\nInspector-General of Police, act on behalf of the Inspector-General of Police in performing any of the\nfunctions and discharging the duties of the Inspector-General of Police under this Act or under any law or\nin respect of any function as may be delegated by the Inspector-General of Police.\n(4) On resumption of duty by the Inspector-General of Police, the said Deputy Inspector-General of Police\nshall furnish reports, in such form or details as the Inspector-General of Police may specify, of all matters\ndealt with by the Deputy Inspector-General of Police in the absence of the Inspector-General of Police\nfrom office." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "12", |
| "title": "Appointment of Commissioners of Police", |
| "content": "(1) The Police Service Commission shall appoint such numbers of Commissioners of Police as are\nrequired for the efficient performance of the functions of the Police Force.\n(2) The Police Service Commission shall, from among the Commissioners of Police appointed under\nsubsection (1), assign a Commissioner of Police to a State or to the Federal Capital Territory, Abuja.\n(3) The Commissioners of Police not assigned under subsection (2) may be deployed by the\nInspector-General of Police to head departments and such other operational units of the Police Force.\n(4) The Police Service Commission or Inspector-General of Police, in assigning or deploying, as the case\nmay be, Commissioners of Police under this section to State commands, departments or unit, shall reflect\nthe principle of federal character as provided in the Constitution and under the relevant Act.\n(5) A person appointed under subsection (1) shall hold office until promotion, redeployment, retirement or\nremoval by the Police Service Commission on account of gross misconduct or incapacity to perform the\nfunctions of his office as the case maybe." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "13", |
| "title": "Functions of Commissioners of Police of States", |
| "content": "(1) Subject to the provisions this Act, the Commissioner of Police of a State or the Federal Capital\nTerritory shall:\n(a) have command and control over the Police in the State he is assigned to;\n(b) exercise powers and perform the functions necessary to give effect to sections 4 of this Act;\nand\n(c) perform any duty delegated to him by the Inspector-General of Police." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "14", |
| "title": "Appointment of other persons", |
| "content": "The Police Service Commission shall appoint such other persons to offices in the Police Force as\nare required for the effective and efficient performance of the functions of the Police Force on such terms\nand conditions as maybe prescribed by the Police Service Commission." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "15", |
| "title": "Pensions and gratuities", |
| "content": "(1) Persons appointed to offices under this Part are entitled to such pensions, gratuities and other\nretirement benefits as are prescribed under the Pension Reform Act.\n(2) Nothing in this Act prevents the appointment of a person to any office on terms which preclude the\ngrant of a pension, gratuity or other retirement benefits in respect of that office." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "16", |
| "title": "Standing orders", |
| "content": "(1) The Inspector-General of Police may make standing orders relating to operational control of the\nPolice.\n(2) Such standing orders are binding upon all police officers and shall be published in the Federal\nGovernment Gazette and in one national daily.\n(3) The Police Service Commission may, subject to the provisions of this Act, make standing orders\nrelating to:\n(a) the appointment, promotion and disciplinary control, including dismissal of persons appointed\nby it into the Police Force; and\n(b) appeals against dismissal or other disciplinary measures.\n(4) The standing orders made under subsection (1) are binding on all persons appointed by the Police\nService Commission and shall be published in the Federal Government Gazette.\n PART V - GENERAL ADMINISTRATION" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "17", |
| "title": "Oath to be taken by officers on appointment", |
| "content": "A person appointed as a member of the Police Force shall, prior to the commencement of duties,\nsubscribe to the official oath, the police oath and the oath of allegiance under the Oaths Act." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "18", |
| "title": "Recruitment and Police Recruitment Committee", |
| "content": "(1) The responsibility for the recruitment of recruit constables into the Nigeria Police Force and\nrecruit cadets into the Nigeria Police Academy shall be the duty of the Inspector-General of Police.\n(2) For the purpose of subsection (1), there shall be the Nigeria Police Recruitment Committee (in this Act\nreferred to as \"the Police Recruitment Committee\").\n(3) The Police Recruitment Committee is responsible for the recruitment of recruit constables into the\nNigeria Police Force.\n(4) The Police Recruitment Committee shall consist of:\n(a) the Inspector-General of Police as Chairman;\n(b) all the serving Deputy Inspectors-General of Police;\n(c) the Force Secretary;\n(d) the Commandant of Staff College Jos;\n(e) the Commandant of Police Academy Wudil, Kano;\n(f) a representative each of the Police Colleges; and\n(g) the officer in-charge of the legal section of the Nigeria Police Force.\n(5) The recruitment of recruit constables into the Nigeria Police Force shall be of national spread across\neach State of the Federation.\n(6) The members of the Police Recruitment Committee shall have power to delegate officers, not below\nthe rank of Chief Superintendent of Police, to represent them at any meeting or recruitment exercise.\n(7) The decision of the Police Recruitment Committee is final on any matter concerning the recruitment of\nrecruit constables into the Nigeria Police Force.\n(8) Every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for a period\nof 35 years or until he attains the age of 60 years, whichever is earlier.\n(9) Professionals from the relevant fields, including engineering, medicine, pathology, aviation, law,\npsychology, accountancy and forensic science, shall:\n(a) be appointed into the Nigeria Police Force as specialists; and\n(b) practise their professions and use their expertise in the advancement of the objectives of the\nPolice Force.\n(10) All candidates wishing to be recruited or appointed into the Nigeria Police Force shall undergo\npsychological and other medical evaluations as may be required as part of the recruitment or\nappointment process to ascertain their character and suitability for the job.\n(11) Within the period of recruitment or appointment, every police officer shall undergo specialised\ntraining in any professional field relevant to policing and law enforcement." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "19", |
| "title": "Training programmes", |
| "content": "(1) The Inspector-General of Police shall ensure that all police officers undergo periodic training and\nre-training in:\n(a) basic policing, ethics, code of conduct and standard operating procedures;\n(b) crime detection and law enforcement;\n(c) investigation and gathering of evidence;\n(d) effective nationwide citizen engagement;\n(e) human rights, gender issues, public relations and other emerging issues;\n(f) democratic policing and emotional intelligence; and\n(g) prosecution and defence;\n(2) The Inspector-General of Police, in consultation with the Ministry and Police Service Commission, is\nresponsible for the revision of the training, duration and the content of the training of police officers, at\nleast once in every five years.\n(3) The Inspector-General of Police shall ensure that training programmes are made available to all police\nofficers, irrespective of gender and for all other staff or employees charged with responsibilities for\ndischarging the duties and responsibilities of the Police Force.\n(4) All police officers shall undergo periodic training and retraining in basic policing and law enforcement\ncourses as well as specialized courses relevant to law enforcement." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "20", |
| "title": "Remuneration", |
| "content": "The police officer shall not be paid salary below what is payable to officers in other security\nagencies." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "21", |
| "title": "Appointment of supernumerary police officers to protect property", |
| "content": "(1) Any private organisation or government department who desires to avail itself of the services of\nsupernumerary police for the protection of property owned or controlled by it may make application to the\nInspector-General of Police:\n(a) stating the nature and situation of the property in question; and\n(b) giving such other particulars as the Inspector-General of Police may require.\n(2) On an application under subsection (1), the Inspector-General of Police may, with the approval of the\nPolice Service Commission, direct the appropriate authority to appoint, as supernumerary police officers\nin the Police Force, such number of persons as the Inspector-General of Police thinks appropriate for the\nprotection of the property to which the application relates.\n(3) Every supernumerary police officer appointed under this section and sections 22 and 23:\n(a) is appointed in respect of the area of the Police Zonal, State, Area or Divisional Commands in\nwhich the personnel and property which he is to protect are located;\n(b) is employed exclusively on duties connected with the protection, administration and\nmaintenance of that property or premises;\n(c) shall, in the police area in respect of which he is appointed and in any police area adjacent\nthereto, have the powers, privileges and immunities of a police officer; and\n(d) shall be:\n(i) a member of the Police Force for all purposes, and\n(ii) subject to the provisions of this Act, particularly the provisions relating to discipline.\n(4) Where any supernumerary police officer is appointed, the private or government department availing\nitself of the services of that officer shall pay:\n(a) all entitlements, including salary and allowances to the officer monthly;\n(b) on the enlistment of the officer, the full cost of the officer's uniform and accoutrements,\nincluding ceremonial dresses, which:\n(i) is the same as the police general duty, and\n(ii) shall be paid to the Police in a designated account approved by the Inspector-General\nof Police.\n(5) Where the private or government department availing itself of the services of any supernumerary\npolice officer desires the services of that officer to be discontinued, the private or government department\nshall give at least two months' notice in writing to the Inspector-General of Police who shall give approval\nto such request for implementation, and all benefits of the officer shall be paid within one month of his\nrelease.\n(6) All uniforms shall be supplied by the Police Force Quarter Master.\n(7) The supernumerary police shall be a unit of the Police Force." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "22", |
| "title": "Appointment of supernumerary police officers for employment on administrative duties on", |
| "content": "The appropriate authority may, at the request of any senior police officer, appoint any person as a\nsupernumerary police officer at an appropriate level in the Police Force for the administration or\nmaintenance of premises occupied or used for the purposes of the Police Force, but shall not do so in\nany particular case unless he is satisfied in the interest of security or discipline that the persons\ndischarging the duties in question are subject to the provisions of this Act relating to discipline." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "23", |
| "title": "Appointment of supernumerary police officers where necessary in the public interest", |
| "content": "(1) If, at any time, the Inspector-General of Police, with the consent of the Police Service\nCommission, is satisfied, as regards any police area, that it is necessary in the public interest for\nsupernumerary police officers to be employed in that area, he may authorise the appropriate authority to\nappoint persons as supernumerary police officers in the Police Force in accordance with the\nauthorisation.\n(2) Every authorisation under this section shall be in writing and shall specify the police area to which it\nrelates and the maximum number of supernumerary police officers who may be appointed under that\nauthorisation.\n(3) Every supernumerary police officer appointed by an authorisation given under this section shall not:\n(a) bear arms; and\n(b) be covered by the provisions relating to pension as stipulated in section 15 of this Act." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "24", |
| "title": "Appointment of supernumerary police officers for attachment as orderlies", |
| "content": "(1) The appropriate authority may, at the request of the Inspector-General of Police or\nCommissioner of Police of a State, appoint any person as a supernumerary police officer in the Police\nForce for attachment as an orderly to:\n(a) a Minister;\n(b) a Commissioner of the Government of a State; or\n(c) a police officer of, or above, the rank of Assistant Commissioner.\n(2) Every supernumerary police officer appointed under this section, shall:\n(a) be employed exclusively on duties connected with the activities of the person to whom he is\nattached;\n(b) while so employed, have, throughout Nigeria, the powers, privileges and immunities of a\npolice officer;\n(c) may be trained to bear fire arms with the approval of the Inspector General of Police;\n(d) subject to the restriction imposed by paragraph (a) and section 20 of this Act, shall be a\nmember of the Force for all purposes and shall be subject to the provisions of this Act, particularly\nthe provisions relating to discipline." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "25", |
| "title": "Provisions supplementary to sections 21 to 23", |
| "content": "(1) Every supernumerary police officer is, on appointment, enlisted to serve in the Police Force from\nmonth to month, and a supernumerary police officer may, at any time, resign his appointment by giving\none month's notice in that behalf to his employer and senior police officer in charge of the police area in\nrespect of which he is appointed, and his appointment may be determined by the appropriate authority\non:\n(a) one month's notice in that behalf; or\n(b) on payment of one month's pay instead of such notice.\n(2) The ranks to which supernumerary police officers may be appointed shall be prescribed by the\nInspector-General of Police with the consent of the Police Service Commission, but shall not exceed the\nrank of Commissioner of Police throughout his life time.\n(3) There shall only be one Supernumerary Commissioner of Police at a time in the Federation.\n(4) The badges of ranks of the supernumerary police shall be the same as that worn by general duty or\nregular police.\n(5) A supernumerary police officer has no claim on the Police Reward Fund, and, without prejudice to any\nliability under the Employee's Compensation Act, to be paid compensation to or in respect of any person\nby virtue of his employment as a supernumerary police officer, a person's service as such shall not render\nhim or any other person eligible for any pension, gratuity or annual allowance under this Act or the\nPensions Reform Act.\n PART VI- FINANCIAL PROVISIONS" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "26", |
| "title": "Funding of the Police Force", |
| "content": "(1) There is established and maintained for the Police Force a fund (in this Act referred to as \"the\nGeneral Fund\") into which shall be paid:\n(a) budgetary allocations for capital and recurrent expenditure, for members of the Police Force\nand the Traffic Warden Service established under this Act and the other staff of the Police Force,\nas may be appropriated by an Act of the National Assembly for the Police Force;\n(b) such contributions as may be made available to the Police Force, for the purposes of this Act,\nby the State Governments and the Federal Capital Territory, Abuja;\n(c) aid and assistance from international bilateral and multilateral organisations provided that the\npurpose for the aid or assistance does not conflict with the objectives of this Act;\n(d) all sums of money accruing to the Police Force by way of grants-in-aid, gifts, testamentary\ndispositions, endowments and contributions from any other source;\n(e) all money generated by the Police Force in the course of its operations, including two-thirds of\nfees paid:\n(i) by members of the public in respect of extracts from police reports, and\n(ii) in accordance with standing orders for services of police officers who would otherwise\nbe off duty, and\n(f) any other financial resource that may be vested in or accrue to the Police Force in the course\nof performing its functions under this Act or any other law.\n(2) A State Government or the Federal Capital Territory, as the case may be, shall:\n(a) keep records of all contributions made; and\n(b) specify the purpose for which a contribution is made under subsection (1) (b)." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "27", |
| "title": "Expenditures by the Police Force", |
| "content": "(1) The Police Force shall, from time to time, apply the money accruing in the General Fund to:\n(a) the cost of administration and operations of the Police Force;\n(b) the payment of salaries, allowances, expenses and other benefits of the members of the\nPolice Force and Warden Service established under this Act and the other staff of the Police\nForce;\n(c) the payment of pensions and other retirement benefits under any law;\n(d) the costs of acquisition and upkeep of premises belonging to the Police Force and any other\ncapital expenditure of the Police Force;\n(e) all costs connected with or incidental to the operations of the Community Policing Committees\nand Sub-Committee Forums and Boards established under Part XIV of this Act;\n(f) the investments, maintenance of utilities, training, research and similar activities; and\n(g) any other payment for anything incidental to the provisions of this section or any other\nfunction of the Police Force under this Act.\n(2) Any contribution made by a State Government or the Federal Capital Territory under section 26 (1) (b)\nor any other contribution in respect of which a purpose was specified shall be used by the Police Force\nfor the purpose specified." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "28", |
| "title": "Estimates", |
| "content": "(1) The Police Force shall, not later than 30th September of each year, submit to the National\nAssembly, through the Minister, estimates of its income and expenditure for the next succeeding financial\nyear.\n(2) Notwithstanding the provisions of subsection (1), the Police Force may, where necessary due to\nunforeseen circumstances, submit supplementary or adjusted statements of estimated income and\nexpenditure to the Minister for submission to the National Assembly.\n(3) The Police Force shall, in preparing its estimates under this section, obtain inputs from the Force\nHeadquarters, Zonal Headquarters, State Commands, Area Commands and Divisional Commands on\ntheir budgetary needs based on the annual policing plans for the various policing formations to be\nincluded in the overall estimates for the Police Force for the next succeeding financial year." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "29", |
| "title": "Accounts and audit", |
| "content": "(1) The Police Force shall:\n(a) keep proper records and accounts of the income and expenditures of the Police Force; and\n(b) prepare a statement of account in respect of each financial year.\n(2) The Police Force shall, within the first four months of each financial year, submit for auditing, the\naccounts of the Police Force to auditors appointed by the Police Force from the list and in accordance\nwith guidelines approved by the Auditor-General for the Federation.\n(3) The audited accounts of the Police Force and the Auditor-General's report on the accounts shall be\nforwarded to the National Assembly by the Auditor-General annually." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "30", |
| "title": "Annual report", |
| "content": "(1) The Police Force shall, not later than 30th June of each financial year, submit to the Minister, in\nrespect of the preceding financial year, an annual report on the activities of the Police Force in such form\nas the Minister may direct.\n(2) The report under subsection (1) shall include:\n(a) detailed information with regards to the activities and expenditures of the Police Force utilised\nin the carrying out of its policing plan;\n(b) a copy of the audited accounts of the Police Force for that year together with the\nAuditor-General's report on the accounts;\n(c) information and description of all contributions made to the Police Force under section 26 (1)\n(b), including contributions other than cash; and\n(d) such other information as the Minister may request.\n(3) The Police Force shall, from time to time, provide the Police Council, Police Service Commission and\nMinister with such information relating to the affairs of the Police Force as they may request.\n PART VII \u2013 POWERS OF POLICE OFFICERS\nA. Investigation and Arrest" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "31", |
| "title": "Investigation of an allegation by the Police", |
| "content": "Where an alleged offence is reported to the Police, or a person is brought to the police station on the\nallegation of committing an offence, the Police shall investigate the allegation in accordance with due\nprocess and report its finding to the Attorney-General of the Federation or of a State, as the case may be,\nfor legal advice." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "32", |
| "title": "Arrest generally", |
| "content": "(1) A suspect or defendant alleged or charged with committing an offence established by an Act of\nthe National Assembly or under any other law shall be arrested, investigated and tried or dealt with\naccording to the provisions of this Act, except otherwise provided under this Act.\n(2) A person shall not be arrested merely on a civil wrong or breach of contract.\n(3) A suspect shall be brought before the court as prescribed by this Act or any other written law or\notherwise released conditionally or unconditionally." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "33", |
| "title": "Mode of arrest", |
| "content": "In making an arrest, the police officer or other persons making the arrest shall actually touch or\nconfine the body of the suspect, unless there is a submission to the custody by word or action." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "34", |
| "title": "No unnecessary restraint", |
| "content": "A suspect or defendant may not be handcuffed, bound or subjected to restraint except:\n(a) there is reasonable apprehension of violence or an attempt to escape;\n(b) the restraint is considered necessary for the safety of the suspect or defendant; or\n(c) by order of a court." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "35", |
| "title": "Notification of cause of arrest and rights of suspect", |
| "content": "(1) Except when the suspect is in the actual course of committing an offence or is pursued\nimmediately after the commission of an offence or has escaped from lawful custody, the police officer or\nother person making the arrest shall inform the suspect immediately of the reason for the arrest.\n(2) The police officer, the person making the arrest or the police officer in charge of a police station shall\ninform the suspect of his rights to:\n(a) remain silent or avoid answering any question until after consultation with a legal practitioner\nor any other person of his own choice;\n(b) consult a legal practitioner of his choice before making, endorsing or writing any statement or\nanswering any question put to him after arrest; and\n(c) free legal representation by the Legal Aid Council of Nigeria or other organisations, where\napplicable.\n(3) The authority having custody of the suspect shall notify the next-of-kin or relative of the suspect of the\narrest at no cost to the suspect." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "36", |
| "title": "Arrest in lieu prohibited", |
| "content": "A person shall not be arrested in place of a suspect." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "37", |
| "title": "Humane treatment of arrested suspect", |
| "content": "(1) A suspect shall:\n(a) be accorded humane treatment, having regard to his right to the dignity of his person; and\n(b) not be subjected to any form of torture, cruel, inhuman or degrading treatment." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "38", |
| "title": "Arrest by police officer without warrant", |
| "content": "(1) A police officer may, without an order of a court and without a warrant, arrest a suspect:\n(a) whom he suspects on reasonable grounds of having committed an offence against a law in\nNigeria or against the law of any other country, unless the law creating the offence provides that\nthe suspect cannot be arrested without a warrant;\n(b) who commits an offence in his presence;\n(c) who obstructs a police officer while in the execution of his duty, or who has escaped or\nattempts to escape from lawful custody;\n(d) in whose possession anything is found which may reasonably be suspected to be stolen\nproperty or who may reasonably be suspected of having committed an offence with reference to\nthe thing;\n(e) whom he suspects on reasonable grounds of being a deserter from any of the armed forces of\nNigeria;\n(f) whom he suspects on reasonable grounds of having been involved in an act committed at a\nplace outside Nigeria which, if committed in Nigeria, would have been punished as an offence,\nand for which he is, under a law in force in Nigeria, liable to be apprehended and detained in\nNigeria;\n(g) having in his possession without lawful excuse, the burden of proof of which excuse shall lie\non the person, any implement of housebreaking, car theft, firearm or any offensive or dangerous\nweapon;\n(h) whom he has reasonable cause to believe a warrant of arrest has been issued by a court of\ncompetent jurisdiction in Nigeria;\n(i) found in Nigeria taking precautions to conceal his presence in circumstances, which afford\nreason to believe that he is taking such precautions with a view to committing an offence;\n(j) whom he is directed to arrest by a judge or magistrate.\n(k) whom he reasonably suspects to be planning to commit an offence for which the police officer\nmay arrest without a warrant, if it appears to him that the commission of the offence cannot be\notherwise prevented; or\n(l) required to appear by a public summons issued under this Act or any other Act.\n(m) to protect a child or other vulnerable person from the suspect in question;\n(n) to prevent the suspect in question from:\n(i) causing physical injury to himself or any other person,\n(ii) suffering from physical injury,\n(iii) causing loss of or damage to property;\n(iv) committing an offence against public decency where members of the public going\nabout their normal business cannot reasonably be expected to avoid the person in\nquestion, or\n(v) causing an unlawful obstruction of the highway; and\n(2) No person shall be arrested without warrant except as provided in subsection (1).\n(3) The authority given to a police officer to arrest a suspect who commits an offence in his presence is\nexercisable in respect of offences committed in the officer's presence notwithstanding that the Act\ncreating the offence provides that the suspect cannot be arrested without a warrant." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "39", |
| "title": "Arrest without warrant by private person", |
| "content": "A private person may arrest a suspect in Nigeria who in his presence commits an offence, or whom\nhe reasonably suspects of having committed an offence for which the police is entitled to arrest without a\nwarrant." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "40", |
| "title": "Handing over of an arrested suspect by private person", |
| "content": "(1) A private person who arrests a suspect shall immediately hand over the suspect to a police\nofficer or, in the absence of a police officer, shall take the suspect to the nearest police station, and the\npolice officer shall make a note of the name, address and other particulars of the private person making\nthe arrest.\n(2) Where there is reason to believe that the arrested suspect comes under subsection (1), a police\nofficer shall re-arrest him and if there is no sufficient reason to believe that the suspect has committed an\noffence, he shall be released immediately.\n(3) Where there is reason to believe that the suspect has committed an offence, and he refuses, on the\ndemand of a police officer, to give his name and address, or gives a name or address which the police\nofficer reasonably believes to be false, the provisions of section 61 of this Act shall apply.\n(4) Where a suspect so arrested by a private person is handed over to a police officer or an official of an\nagency authorised by law to make arrests, the police officer or official shall take note of the name,\nresidential address and other particulars of the private person making the arrest, and the date, time and\nother circumstances of the arrest, and where the arrested suspect is taken to the police station or to the\nagency, the officer shall make the entries in the crime diary.\n(5) The police officer or official to whom the arrested suspect is handed over by the private person shall\nobtain from the private person who made the arrest a formal witness statement setting out the facts and\ncircumstances of the arrest.\n(6) The provisions of section 46 of this Act do not apply to this section unless the suspect arrested and\nhanded over has been re-arrested in accordance with subsection (2)." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "41", |
| "title": "Arrest for offence committed in presence of a judge or magistrate", |
| "content": "A judge or magistrate may arrest or direct the arrest of a suspect committing an offence in his\npresence and shall hand him over to a police officer who shall proceed to take necessary action." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "42", |
| "title": "When public is bound to assist in arrest", |
| "content": "A person is bound to assist a judge, magistrate or police officer or other person reasonably\ndemanding his aid in arresting or preventing the escape of a suspect whom the judge, magistrate, police\nofficer or other person is authorised to arrest." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "43", |
| "title": "Arrested suspect to be taken immediately to police station", |
| "content": "(1) A suspect who is arrested, whether with or without a warrant, shall be taken immediately to a\npolice station, or other place for the reception of suspect, and shall be promptly informed of the allegation\nagainst him in the language he understands.\n(2) A person who has the custody of an arrested suspect shall give the suspect reasonable facilities for\nobtaining legal advice, access to communication for taking steps to furnish bail, and otherwise making\narrangements for his defence or release.\n(3) Notwithstanding the provision of subsection (2), any communication or legal advice shall be done or\ngiven in the presence of an officer who has custody of the arrested suspect." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "44", |
| "title": "Recording of arrests", |
| "content": "(1) Where a suspect is arrested, whether with or without a warrant, and taken to a police station or\nany other agency effecting the arrest, the police officer making the arrest or the officer in charge shall\ncause to be taken immediately, in the prescribed form, the following record of the suspect arrested:\n(a) the alleged offence;\n(b) the date and circumstances of his arrest;\n(c) his full name, occupation and residential address; and\n(d) for the purpose of identification:\n(i) his height,\n(ii) his photograph,\n(iii) his full fingerprint impressions, or\n(iv) such other means of his identification.\n(2) The process of recording in subsection (1) shall be concluded within a reasonable time of the arrest of\nthe suspect, but not exceeding 48 hours.\n(3) Any further action in respect of the suspect arrested under subsection (1) shall be entered in the\nrecord of arrests.\n(4) Where a suspect who is arrested, with or without a warrant, volunteers to make a confessional\nstatement, the police officer shall ensure that the making and taking of the statement shall be in writing\nand may be recorded electronically on a retrievable video or audio visual means.\n(5) Notwithstanding the provision of subsection (4), an oral confession of arrested suspect is admissible\nin evidence." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "45", |
| "title": "Power to break out of a house or place for the purpose of liberation", |
| "content": "A police officer or any other person authorised to make an arrest may break out of a house or place\nin order to liberate himself or any other person who, having lawfully entered for the purpose of making an\narrest, is detained in the house or place." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "46", |
| "title": "Inventory of property of arrested suspect", |
| "content": "(1) A police officer making an arrest or to whom a private person hands over the suspect, shall\nimmediately record information about the arrested suspect and an inventory of all items or property\nrecovered from the suspect.\n(2) An inventory recorded under subsection (1) shall be duly signed by the police officer and the arrested\nsuspect, but the failure of the arrested suspect to sign the inventory does not invalidate it.\n(3) The arrested suspect, his legal practitioner or such other person, as the arrested suspect may direct,\nshall be given a copy of the inventory.\n(4) Where any property has been taken under this section from an arrested suspect, a police officer may,\nupon request by either the owner of the property or parties having interest in the property, release such\nproperty on bond pending the arraignment of the arrested suspect before a court.\n(5) Where a police officer refuses to release the property to the owner or any person having interest in the\nproperty under subsection (4), the police officer shall immediately make a report to the court of the fact of\nthe property taken from the arrested suspect and the particulars of the property.\n(6) The court to which a report is made under subsection (5), may, if it is of the opinion that the property\nor any portion of it can be returned in the interest of justice to the safe custody of the owner or person\nhaving interest in the property, direct that the property or any portion of it be returned to the owner or to\nsuch person having interest in the property.\n(7) Where any property has been taken from a suspect under this section, and the suspect is not charged\nbefore a court but is released on the ground that there is no sufficient reason to believe that he has\ncommitted an offence, any property so taken from the suspect shall be returned to him, provided the\nproperty is neither connected to nor a proceed of an offence." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "47", |
| "title": "Quarterly report of arrests to the Attorney-General", |
| "content": "(1) The Inspector-General of Police and head of every agency authorised by law to make arrests\nshall remit quarterly to the Attorney-General of the Federation a record of all arrests made with or without\nwarrant in relation to Federal offences within Nigeria.\n(2) The Commissioner of Police of a State and the head of every agency authorised by law to make\narrest within a State shall remit quarterly to the Attorney-General of that State a record of all arrests made\nwith or without warrant in relation to State offences or arrests within the State.\n(3) The report shall contain the full particulars of arrested suspects as prescribed under section 44 of this\nAct.\n(4) A register of arrests containing the particulars prescribed under section 44 of this Act shall be kept in\nthe prescribed form at every police station or agency authorised by law to make arrests, and every arrest,\nwhether made with or without warrant, within the local limits of the police station or agency, or within the\nFederal Capital Territory, Abuja, shall be entered accordingly by the officer in charge of the police station\nor official in charge of the agency as soon as the arrested suspect is brought to the station or agency.\n(5) The Attorney-General of the Federation shall establish an electronic and manual database of all\nrecords of arrests at the Federal and State level.\nB. Search" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "48", |
| "title": "Power to search", |
| "content": "(1) A police officer may seize and retain anything for which a search has been authorised.\n(2) In every case in which property is seized under this section, the person on whose premises it was at\nthe time of seizure or the person from whom it was taken, if other than the person on whose premises it\nwas, may be summoned or arrested and brought before a court to account for his possession of the\nproperty, and the court shall make such order on the disposal of the property and may award costs as the\njustice of the case may require.\n(3) An authority under subsection (2) may only be given when the premises to be searched are, or within\nthe preceding twelve months have been, in the occupation of any person who has been convicted of\nreceiving stolen property or of harbouring thieves, or of any offence involving fraud or dishonesty, and\npunishable by imprisonment.\n(4) While searching the premises, a police officer shall not violate the human rights of persons found in\nthe premises that is being searched." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "49", |
| "title": "Power to stop and search", |
| "content": "(1) A police officer may exercise the power to stop and search in any:\n(a) place the public or any section of the public has access, on payment or otherwise, as of right\nor by virtue of express or implied permission; or\n(b) other place to which the public has ready access at the time when he proposes to exercise\nthe power but which is not a private residence.\n(2) A Police officer may detain and search any person or vehicle where:\n(a) reasonable grounds for suspicion exist that the person being suspected is having in his\npossession; or conveying in any manner anything which he has reason to believe to have been\nstolen or otherwise unlawfully obtained;\n(b) reasonable grounds for suspicion exist that such person or vehicle is carrying an unlawful\narticle;\n(c) reasonable grounds for suspicion that incidents involving serious violence may take place\nwithin a locality;\n(d) information has been received as to a description of an article being carried or of a suspected\noffender; and\n(e) a person is carrying a certain type of article at an unusual time or in a place where a number\nof burglaries or thefts are known to have taken place recently.\n(3) If, in the course of a search, a police officer discovers an article which he has reasonable grounds for\nsuspecting to be a stolen or prohibited article, he may seize it.\n(4) An article is prohibited for the purposes of this Part if it is:\n(a) an offensive weapon; or\n(b) an article:\n(i) made or adapted for use in the course of or in connection with an offence to which this\nsection refer, or\n(ii) intended by the person having it for use by him or by some other person.\n(5) The offences to which subsection (4)(b)(i) applies are:\n(a) burglary;\n(b) theft; and\n(c) offences related to receiving stolen property or of harbouring thieves, or of any offence\ninvolving fraud or dishonesty.\n(6) In this Part \"offensive weapon\" means any article:\n(a) made or adapted for use for causing injury to persons; or\n(b) intended by the person having it for use by him or by some other person." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "50", |
| "title": "Action before a search takes place", |
| "content": "(1) Where a police officer is exercising the powers under section 51 of this Act he shall, before\ncarrying out the search, question the person about his behaviour or his presence in circumstances which\ngave rise to the suspicion.\n(2) If the person to be searched has a satisfactory explanation which makes a search unnecessary or\nother circumstances come to the attention of the police officer that make the search unnecessary, no\nsearch may take place.\n(3) Before any search of a detained person or vehicle may take place, the officer shall give the person to\nbe searched or in charge of the vehicle:\n(a) his name and the name of the police station to which he is attached;\n(b) the object of the search; and\n(c) his grounds or authorisation for undertaking the search.\n(4) For any police officer to exercise the power to stop and search, he shall be in uniform or wear visibly a\nvalid police identity card." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "51", |
| "title": "General conduct of the search", |
| "content": "(1) Reasonable effort shall be taken to minimise the embarrassment that a person or the person\nwhose property is being searched may experience.\n(2) The co-operation of the person to be searched shall be sought in every case.\n(3) A forcible search may be used as a last resort only if it has been established that the person being\nsearched is unwilling to co-operate or resists.\n(4) The length of time for which a person or vehicle may be detained for a search depends on the\ncircumstances, but this shall be within a reasonable time.\n(5) Searches in public shall be restricted to superficial examination of outer clothing.\n(6) Where it is considered necessary to conduct a more thorough search that requires a person to take off\nhis cloth or headgear, it:\n(a) shall be done out of public view and by an officer of the same sex with the person being\nsearched; and\n(b) may not be made in the presence of anyone of the opposite sex unless the person being\nsearched requests it." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "52", |
| "title": "Search of arrested suspect", |
| "content": "(1) Where a suspect is arrested by a police officer or a private person, the police officer making the\narrest or to whom the private person hands over the suspect may search the suspect if the police officer\nhas reasonable grounds for believing that the arrested person may present a danger to himself or others.\n(2) A police officer shall also have the power in any such case to search the arrested person for anything:\n(a) which he might use to assist him to escape from lawful custody; or\n(b) which might be evidence relating to an offence.\n(3) Where an arrested suspect is admitted to bail and bail is furnished, he shall not be searched unless\nthere are reasonable grounds for believing that he has on his person any:\n(a) stolen article;\n(b) instrument of violence or poisonous substance;\n(c) tools connected with the kind of offence which he is alleged to have committed; or\n(d) other articles which may furnish evidence against him in regard to the offence, which he is\nalleged to have committed.\n(4) The power to search conferred under subsection (2) is only a power to search to the extent that is\nreasonably required for the purpose of discovering anything or evidence.\n(5) The powers conferred under this section to search a person are not to be construed as authorising a\npolice officer to require a person to remove any of his clothing in public.\n(6) A police officer may not search premises in the exercise of the power conferred under subsection\n(2)(b) unless he has reasonable grounds for believing that there is evidence for which a search is\npermitted under that paragraph on the premises.\n(7) A police officer shall place in safe custody all articles other than necessary wearing apparel found on\nthe suspect." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "53", |
| "title": "Examination of arrested suspect", |
| "content": "(1) Subject to the provision of this section, an intimate search of a suspect may be carried out, if a\npolice officer of at least the rank of Assistant Superintendent of Police has reasonable grounds for\nbelieving that the suspect in lawful custody:\n(a) may have concealed on him anything which:\n(i) could be used to cause physical injury to himself or others, and\n(ii) might so use while he is in police detention or in the custody of a court; or\n(b) that evidence of the offence alleged to have been committed can only be gotten from\nexamination of the suspect.\n(2) An authorisation under subsection (1) may be given orally or in writing, and where an oral\nauthorisation has been given, it shall be confirmed in writing as soon as practicable specifying the\ngrounds for the intimate search.\n(3) A police officer carrying out the intimate search shall inform the person who is to be subjected to the\nsearch of the:\n(a) purpose for the search; and\n(b) authorisation and grounds for the search.\n(4) An intimate search shall be by way of examination by a suitably qualified person.\n(5) Where an officer of the rank of at least an Assistant Superintendent of Police considers it\nimpracticable for an intimate search to be by way of examination by a suitably qualified person, the\nintimate search may be carried out by a police officer at the rank of Sergeant.\n(6) An intimate search shall be carried out by a suitably qualified person or Sergeant of the same sex as\nthe suspect.\n(7) No intimate search may be carried out except:\n(a) at a police station;\n(b) at a hospital; or\n(c) at some other place used for medical purposes.\n(8) If an intimate search of a person is carried out, the custody record relating to him shall state:\n(a) the authorisation by virtue of which the search was carried out;\n(b) the grounds for giving the authorisation;\n(c) the fact that the appropriate consent was given;\n(d) which parts of his body were searched; and\n(e) why they were searched.\n(9) The information required to be recorded by subsection (8) shall be recorded as soon as practicable\nafter the completion of the search.\n(10) The custody officer at a police station may seize and retain anything which is found on an intimate\nsearch of a person, or cause any such thing to be seized and retained if he:\n(a) believes that the person from whom it is seized may use it to:\n(i) cause physical injury to himself or any other person,\n(ii) damage property,\n(iii) interfere with evidence, or\n(iv) assist him to escape;\n(b) has reasonable grounds for believing that it may be evidence relating to an offence.\n(11) Where anything is seized under this section, the suspect from whom it is seized shall be told the\nreason for the seizure unless he is:\n(a) violent or likely to become violent; or\n(b) incapable of understanding what is said to him.\n(12) Where the appropriate consent for an intimate search of any suspect was refused without good\ncause, in any proceeding against that suspect for the offence for which the search was required, the\ncourt, judge, magistrate or presiding judicial officer may draw such inferences from the refusal as it is\nconsidered proper.\n(13) Every quarterly report submitted to the Attorney-General pursuant to section 47 of this Act shall\ncontain information about searches under this section which have been carried out during the period to\nwhich it relates.\n(14) The report on the searches referred to under subsection 13 shall include:\n(a) the total number of searches;\n(b) the number of searches conducted by way of examination by a suitably qualified person;\n(c) the number of searches not conducted by a suitably qualified person, but conducted in the\npresence of such a person; and\n(d) the result of the searches carried out.\n(15) In this section \"suitably qualified person\" means a registered:\n(a) medical practitioner; or\n(b) nurse." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "54", |
| "title": "Where reasonable suspicion never exist", |
| "content": "The following shall not be grounds for reasonable suspicions;\n(a) personal attributes, including a person's colour, age, hairstyle or manner of dress;\n(b) previous conviction for possession of an unlawful article; or\n(c) stereotyped images of certain persons or groups as more likely to be committing offences." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "55", |
| "title": "Search of place entered by suspect sought to be arrested", |
| "content": "(1) Where a person or police officer acting under a warrant of arrest or otherwise having authority to\narrest, has reason to believe that the suspect to be arrested has entered into or is within any house or\nplace, the person residing in or being in charge of the house or place shall, on demand by the police\nofficer or person acting for the police officer, allow him free access to the house or place and afford all\nreasonable facilities to search the house or place for the suspect sought to be arrested.\n(2) Where access to a house or place cannot be obtained under subsection (1), the person or police\nofficer may enter the house or place and search it for the suspect to be arrested, and in order to effect an\nentrance into the house or place, may break open any outer or inner door or window of any house or\nplace, whether that of the suspect to be arrested or of any other person or otherwise effect entry into such\nhouse or place, if after notification of his authority and purpose, and demand of admittance duly made, he\ncannot obtain admittance.\n(3) Where the suspect to be arrested enters a house or place in the actual occupancy of another person\nbeing a woman who by custom or religious practice does not appear in public, the person making the\narrest shall:\n(a) before entering the house or place, give notice to the woman that she is at liberty to withdraw;\nand\n(b) afford her every reasonable opportunity and facility for withdrawing, and may then enter the\nhouse or place, but the notice shall not be necessary where the person making the arrest is a\nwoman." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "56", |
| "title": "Action after search is carried out", |
| "content": "(1) An officer who has carried out a search shall make a written record unless it is not practicable to\ndo so, including situations where the number of persons to be searched is large or in situations involving\npublic disorder.\n(2) The records shall be completed and signed by the officer and person being searched on the spot and\na copy to be given to the person being searched or the vehicle driver if it is a vehicle.\n(3) Subject to subsection (2), in case the search record is not available on the spot, the officer that carried\nout the search shall advise the person searched or the driver of the vehicle searched, of the police station\nthe person may pick up the search record.\n(4) A searched person may refuse to collect a search record that his signature is not appended on.\n(5) Where the person to be searched is unwilling to provide detailed information about himself, the officer\nmay not detain him, he shall be allowed to go unless unlawful items are found in his possession or in the\nvehicle searched." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "57", |
| "title": "Search record", |
| "content": "(1) A search record shall be prepared in the prescribed Form to be known as a National Search\nRecord Form.\n(2) The following information must always be included in the National Search Record Form:\n(a) the name of the person searched or if, he withholds it, description of the person;\n(b) the date of birth of the person searched;\n(c) a note of the person's ethnic origin;\n(d) when a vehicle is searched, a description of the vehicle, including the registration number;\n(e) the object of the search;\n(f) the ground for making the search;\n(g) the date and time the search was made;\n(h) the place where the search was made;\n(i) the result of the search;\n(j) a note of any injury or damage to property resulting from the search; and\n(k) the identity of the officer making the search." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "58", |
| "title": "Search warrant safeguards", |
| "content": "(1) A search warrant is unlawful unless it complies with this section.\n(2) Where a police officer applies for any search warrant, it shall be his duty to state:\n(a) the ground on which he makes the application;\n(b) the law under which the warrant would be issued;\n(c) the premises to be searched; and\n(d) possibly the article or person to be searched.\n(3) An application for a warrant shall be made in writing under oath and supported by necessary\ninformation.\n(4) A warrant shall authorise an entry on one occasion only.\n(5) A warrant shall:\n(a) specify the:\n(i) name of the person who applies for it,\n(ii) date on which it is issued,\n(iii) law under which it is issued, and\n(iv) premises to be searched; and\n(b) identify, as practicable as possible, the article or person to be searched.\n(6) Two copies of a warrant shall be made.\n(7) The two copies shall be clearly certified as copies." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "59", |
| "title": "Execution of search warrant", |
| "content": "(1) A warrant to enter and search premises may be executed by any police officer.\n(2) Such a warrant may authorise a person to accompany any police officer who is executing it.\n(3) A search warrant may be issued and executed at any time on any day, including a Sunday or public\nholiday.\n(4) Where the occupier of premises which is to be searched is present at the time when a police officer\nseeks to execute a warrant to enter and search, the police officer shall:\n(a) identify himself to the occupier and, if not in uniform, shall produce to the occupier, his official\nidentity card;\n(b) produce the warrant to the occupier; and\n(c) supply the occupier with a copy.\n(5) Where the occupier is not present, but some other person who appears to the police officer to be in\ncharge of the premises is present, subsection (4) shall take effect as if the occupier is present.\n(6) Upon the execution of a warrant, a police officer shall make an endorsement on it stating whether:\n(a) the articles or persons sought were found; and\n(b) any other articles were seized, other than articles which were sought.\nC. Statements" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "60", |
| "title": "Recording of statement of suspect", |
| "content": "(1) Where a suspect is arrested on allegation of having committed an offence, his statement shall be\ntaken, if he so wishes to make a statement.\n(2) The statement may be taken in the presence of a legal practitioner of his choice, or where he has no\nlegal practitioner of his choice, in the presence of an officer of the Legal Aid Council of Nigeria or an\nofficial of a civil society organization or a justice of the peace or any other person of his choice, provided\nthat the legal practitioner or any other person mentioned in this subsection shall not interfere while the\nsuspect is making his statement, except for the purpose of discharging his duty as a legal practitioner.\n(3) Where a suspect does not understand or speak or write in the English language, an interpreter shall\nrecord and read over the statement to the suspect to his understanding and the suspect shall then\nendorse the statement as having been made by him, and the interpreter shall attest to the making of the\nstatement.\n(4) The interpreter shall endorse his name, address, occupation, designation or other particulars on the\nstatement.\n(5) The suspect referred to in subsection (1) shall also endorse the statement with his full particulars." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "61", |
| "title": "Refusal to give name and residence", |
| "content": "(1) Where a suspect who, in the presence of a police officer, has committed or has been accused of\ncommitting an offence triable summarily, refuses, on demand of the police officer, to give his name and\nresidential address, or gives a name or residential address which the officer has reason to believe to be\nfalse, he may be arrested by the officer in order that his name or residential address may be ascertained.\n(2) Where the true name and residential address of the suspect have been ascertain, he shall be\nreleased on his entry of recognisance with or without sureties to appear before a magistrate if so\nrequired, but if the person is not resident in Nigeria, a surety or sureties resident in Nigeria shall secure\nthe recognizance.\n(3) Where the true name and address of the suspect cannot be ascertained within 48 hours from the time\nof arrest, or if he fails to execute a recognizance, or, where so required, to furnish sufficient sureties, he\nshall immediately be brought before the nearest magistrate having jurisdiction.\n(4) Where the suspect on being brought before the court still refuses, the court may deal with him as it will\ndeal with an uncooperative witness under this Act.\nD. Release of arrested suspect" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "62", |
| "title": "Release on bail of a suspect arrested without warrant", |
| "content": "(1) Where a suspect has been taken into police custody without a warrant for an offence other than\nan offence punishable with death, an officer in charge of a police station shall inquire into the case and\nrelease the suspect arrested on bail subject to subsection (2), and where it will not be practicable to bring\nthe suspect before a court having jurisdiction with respect to the offence alleged, within 24 hours after the\narrest.\n(2) The police officer in charge of a police station shall release the suspect on bail on his entering into a\nrecognisance with or without sureties for a reasonable amount of money to appear before the court or at\nthe police station at the time and place named in the recognizance.\n(3) Where a suspect is taken into custody and it appears to the police officer in charge of the station that\nthe offence is of a capital nature, the arrested suspect shall be detained in custody, and the police officer\nmay refer the matter to the Attorney-General of the Federation or of a State, as the case may, for legal\nadvice and cause the suspect to be taken before a court having jurisdiction with respect to the offence\nwithin a reasonable time." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "63", |
| "title": "Power to release on bail before charge is accepted", |
| "content": "(1) Where a suspect is taken into custody, and it appears to the police officer that the inquiry into the\ncase cannot be completed immediately, he may discharge the suspect on his entering into a\nrecognizance, with or without sureties for a reasonable amount, to appear at the police station and at\nsuch times as are named in the recognisance, unless he previously receives notice in writing from the\npolice officer in charge of that police station that his attendance is not required.\n(2) A recognisance under subsection (1) may be enforced as if it were a recognizance conditional for the\nappearance of the said suspect before a magistrate's court or the place in which the police station named\nin the recognizance is situate." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "64", |
| "title": "Remedy of suspect detained in custody", |
| "content": "(1) Where a suspect taken into custody in respect of a non-capital offence is not released on bail\nafter 24 hours, a court having jurisdiction with respect to the offence may be notified by application on\nbehalf of the suspect.\n(2) The court shall order the production of the suspect detained and inquire into the circumstances\nconstituting the grounds of the detention and where it deems fit, admit the suspect detained to bail.\n(3) An application for bail under this section may be made orally or in writing.\nE. Miscellaneous" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "65", |
| "title": "Summons", |
| "content": "Any summons lawfully issued by a court may be served by any police officer at any time during the\nhours of daylight, which is between 6am to 6pm." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "66", |
| "title": "Powers to prosecute", |
| "content": "(1) Subject to the provisions of section 174 and 211 of the Constitution and section 106 of the\nAdministration of the Criminal Justice Act which relates to the powers of the Attorney-General of the\nFederation and of a State to institute, take over and continue or discontinue criminal proceedings against\nany person before any court of law in Nigeria, a police officer who is a legal practitioner, may prosecute in\nperson before any court whether or not the information or complaint is laid in his name.\n(2) A police officer may, subject to the provisions of the relevant criminal procedure laws in force at the\nFederal or State level, prosecute before the courts those offences which non-qualified legal practitioners\ncan prosecute.\n(3) There shall be assigned to every Police Division at least one police officer:\n(a) who is qualified to practise as legal practitioner in accordance with the Legal Practitioners Act;\nand\n(b) whose responsibility is to promote human rights compliance by officers of the Division." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "67", |
| "title": "Central Criminal Records Registry", |
| "content": "(1) There shall be established at the Nigeria Police, a Central Criminal Records Registry.\n(2) For the purposes of subsection (1), there shall be established at every State Police Command a\nCriminal Records Registry which shall keep and transmit all records to the Central Criminal Records\nRegistry.\n(3) The State or Federal Capital Territory Police Command, Abuja shall ensure that the decisions of the\ncourt in all criminal trials are transmitted to the Central Criminal Records Registry within 30 days of the\njudgement." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "68", |
| "title": "Power to take fingerprints", |
| "content": "(1) A police officer shall take and record for the purposes of identification the measurements,\nphotographs and fingerprint impression of all persons who may be in lawful custody.\n(2) Where a person who has not previously been convicted of any criminal offence is discharged or\nacquitted by a court, all records relating to such measurements, photographs and fingerprint impressions\nincluding the document of acquittal or discharge shall be stored in a retrievable form and handed over to\nsuch person upon request.\n(3) A police officer shall apply to a court to compel any person in lawful custody, who refuses to submit to\nthe taking and recording of his measurements, photographs or fingerprint impressions, to submit himself.\n(4) Subject to subsection (3), the court may authorise a police officer to take the measurements,\nphotographs and finger-print impressions of such person." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "69", |
| "title": "Police to report to supervising magistrates", |
| "content": "(1) An officer in charge of a police station or an official in charge of an agency authorised to make\narrest shall, on the last working day of every month, report to the nearest supervising magistrate the\ncases of all suspects arrested without warrant within the limits of their respective stations or agency\nwhether the suspects have been admitted to bail or not.\n(2) The report shall contain the particulars of the suspects arrested as prescribed under section 44 of this\nAct.\n(3) The magistrate shall, on receipt of the reports, forward them to the Criminal Justice Monitoring\nCommittee which shall analyse the reports and advise the Attorney-General of the Federation as to the\ntrends of arrests, bail and related matters.\n(4) The Attorney-General of the Federation shall, upon request by the National Human Rights\nCommission, the Legal Aid Council of Nigeria or a non-governmental organisation, make the report\navailable to them.\n(5) Where no report is made in accordance with subsection (1), the magistrate shall forward a report to\nthe Chief Judge of the State and the Attorney-General of the State for appropriate remedial action.\n(6) With respect to the Federal Capital Territory, Abuja, the report referred to in subsection (5) shall be\nforwarded to the Chief Judge of the Federal Capital Territory, Abuja and the Attorney-General of the\nFederation for remedial action." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "70", |
| "title": "Chief magistrate to visit police stations every month", |
| "content": "(1) The chief magistrate, or where there is no chief magistrate within the police division, any\nmagistrate designated by the Chief Judge for that purpose, shall, at least every month, conduct an\ninspection of police stations or other places of detention within his territorial jurisdiction other than the\nprison.\n(2) During a visit, the magistrate may:\n(a) call for, and inspect, the record of arrests;\n(b) direct the arraignment of a suspect;\n(c) where bail has been refused, grant bail to any suspect, where appropriate, if the offence for\nwhich the suspect is held is within the jurisdiction of the magistrate.\n(3) An officer in charge of a police station or an official in charge of an agency authorised to make an\narrest shall make available to the visiting chief magistrate or designated magistrate exercising his powers\nunder subsection (1):\n(a) the full record of arrest and record of bail;\n(b) applications and decisions on bail made within the period; and\n(c) any other facility the magistrate requires to exercise his powers under that subsection.\n(4) With respect to other Federal Government agencies authorised to make arrests, the High Court\nhaving jurisdiction shall visit such detention facilities for the purpose provided in this section.\n(5) Where there is default by an officer in charge of a police station or an official in charge of an agency\nauthorised to make arrest to comply with the provisions of subsection (3), the default shall be treated as a\nmisconduct and shall be dealt with in accordance with the relevant police regulations under this Act, or\nunder any other disciplinary procedure prescribed by any provision regulating the conduct of the officer or\nofficial of the agency.\n PART VIII \u2013 WARRANTS" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "71", |
| "title": "General authority to issue warrant", |
| "content": "Where under a law, there is power to arrest a suspect without warrant, a warrant for his arrest may\nbe issued by the court." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "72", |
| "title": "Form and requisites of warrant of arrest", |
| "content": "(1) A warrant of arrest issued under this Act, unless the contrary is provided under any other law,\nshall:\n(a) bear the date of issue;\n(b) contain all necessary particulars; and\n(c) be signed by the issuing judge or magistrate.\n(2) A warrant shall:\n(a) state the offence or matter for which it is issued;\n(b) name and describe the suspect to be arrested; and\n(c) order the person to whom it is directed to arrest the suspect and bring him before the court." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "73", |
| "title": "Warrant to be issued on complaint only if on oath", |
| "content": "A warrant of arrest shall not be issued in the first instance in respect of any complaint or statement\nunless the complaint or statement is on oath either by the complainant himself or by a material witness." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "74", |
| "title": "Warrant may be issued on any day", |
| "content": "A warrant of arrest may be issued on any day, including a Sunday or public holiday." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "75", |
| "title": "Warrant, to whom directed and duration", |
| "content": "(1) A warrant of arrest may be directed to a police officer by name or to all police officers.\n(2) It is not necessary to make a warrant of arrest returnable at any particular time and a warrant shall\nremain in force until it is executed or until a judge or a magistrate cancels it.\n(3) Where a warrant of arrest has been executed and the suspect arrested has been released, the\nwarrant shall no longer be valid authority for re-arresting the suspect." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "76", |
| "title": "Warrant of arrest may in exceptional cases be directed to other persons", |
| "content": "(1) A court issuing a warrant of arrest may, where its immediate execution is necessary and no\npolice officer is immediately available, direct it to some other person or persons and the person or\npersons shall execute the warrant.\n(2) A person, when executing a warrant of arrest directed to him, shall have all the powers, rights,\nprivileges and protection given to or afforded by law to a police officer executing a warrant of arrest and\nshall conform with the requirement imposed by law on a police officer." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "77", |
| "title": "Execution of warrant and procedure", |
| "content": "(1) A warrant of arrest may be executed on any day, including a Sunday or public holiday.\n(2) A warrant of arrest may be executed by any police officer at any time and in any place in any State\nother than within the actual court room in which a court is sitting.\n(3) The Police officer executing a warrant of arrest shall, before making the arrest, inform the suspect to\nbe arrested that there is a warrant for his arrest unless there is reasonable cause for abstaining from\ngiving the information on the ground that it is likely to occasion escape, resistance or rescue.\n(4) A suspect arrested on a warrant of arrest shall, subject to the provisions of the Constitution, sections\n80 and 81 of this Act, be brought before the court that issued the warrant of arrest." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "78", |
| "title": "Power to arrest without possession of warrant", |
| "content": "A warrant of arrest may be executed notwithstanding that it is not in the possession of the person at\nthe time of executing the warrant, but the warrant shall, on the demand by the suspect, be shown to him\nwithin 24 hours." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "79", |
| "title": "Court may direct particulars of security to be taken on execution of warrant", |
| "content": "(1) A court, on issuing a warrant for the arrest of a suspect in respect of a matter other than an\noffence punishable with death, may, if it deems fit by endorsement on the warrant, direct that the suspect\nnamed in the warrant to be released on bail on his entering into such a recognizance for his appearance\nas may be required in the endorsement.\n(2) The endorsement shall specify:\n(a) the number of sureties, if any;\n(b) the amount in which they and the suspect named in the warrant are, respectively, to be\nbound, or are to provide as cash security on the request of the surety or suspect;\n(c) the court before which the arrested suspect is to attend; and\n(d) the time at which the suspect is to attend, including an undertaking to appear at a subsequent\ntime as may be directed by any court before which he may appear.\n(3) Where an endorsement is made, the officer in charge of a police station to which on arrest the suspect\nnamed in the warrant is brought, shall discharge him on his entering into a recognizance, with or without\nsureties approved by that officer, in accordance with the endorsement, condition for his appearance\nbefore the court and at the time and place named in the recognisance.\n(4) Where security is taken under this section, the officer who takes the recognizance shall cause it to be\nforwarded to the court before which the suspect named in the recognizance is bound to appear." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "80", |
| "title": "Warrant issued by the Federal High Court", |
| "content": "(1) A warrant of arrest issued by a Federal High Court sitting anywhere in Nigeria may be executed\nin any part of Nigeria.\n(2) A warrant issued under this section may be executed in accordance with section 75 of this Act." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "81", |
| "title": "Re-arrest of suspect escaping", |
| "content": "Where a suspect in lawful custody escapes or is rescued, the person from whose custody he\nescaped or is rescued or any other person may pursue and re-arrest him in any place in Nigeria." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "82", |
| "title": "Provisions of sections 43 and 53 to apply to arrests under sections 74 and 79", |
| "content": "The provisions of sections 43 and 53 of this Act shall apply to arrests under sections 74 and 79 of\nthis Act, although the person making such arrest is not acting under a warrant and is not a police officer\nhaving authority to arrest." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "83", |
| "title": "Public safety and public order", |
| "content": "(1) The Police Force is responsible for maintaining and securing public safety and public order.\n(2) The Police Force shall, in carrying out its responsibilities under subsection (1):\n(a) uphold the provisions of the Constitution and other laws;\n(b) uphold and protect the fundamental rights of all persons in Nigeria; and\n(c) be fair to all persons in Nigeria notwithstanding their economic status or religious, ethnic or\npolitical beliefs and affiliations.\n(3) Subject to the provisions of subsection (1), the Commissioner of Police of a State is responsible for\nmaintaining security, public safety and public order within the State.\n(4) Where a person or organisation notifies the police of his or its intention to hold a public meeting, rally\nor procession on a public highway, or such meetings in a place where the public has access to, the police\nofficer responsible for the area where the meeting, rally or procession will take place, shall mobilise\npersonnel to provide security cover for the meeting, rally or procession.\n PART IX - PREVENTION OF OFFENCES AND SECURITY FOR GOOD BEHAVIOUR" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "84", |
| "title": "Police to prevent offences and injury to public property", |
| "content": "(1) A police officer may intervene for the purpose of preventing, and shall, to the best of his ability,\nprevent the commission of an offence.\n(2) A police officer may of his authority intervene to prevent an injury attempted to be committed in his\npresence to any public property, whether movable or immovable, or the removal of or injury to any public\nlandmark or buoy or other mark used for navigation." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "85", |
| "title": "Information of plan to commit offence", |
| "content": "A police officer receiving information of a plan to commit any offence shall communicate the\ninformation to the police officer to whom he is subordinate, and to any other officer whose duty it is to\nprevent or take cognizance of the commission of the offence." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "86", |
| "title": "Arrest by police to prevent offences", |
| "content": "Notwithstanding the provisions of this Act or any other law relating to arrest, a police officer on a\nreasonable suspicion of a plan to commit an offence, may arrest, without orders from a magistrate and\nwithout warrant, the suspect where it appears to the officer that the commission of the offence cannot\notherwise be prevented." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "87", |
| "title": "Prevention by other public officers of offences and injury to public property", |
| "content": "(1) A judge, magistrate, or any other public officer charged with responsibility for maintaining law and\norder may intervene to prevent the commission of an offence or any damage to any public property,\nmovable or immovable.\n(2) A person is bound to assist a judge or magistrate or police officer or any other public officer\nreasonably demanding his aid:\n(a) in preventing the commission of an offence or any damage to any public property, movable or\nimmovable;\n(b) in the suppression of a breach of the peace or in the prevention of any damage to any\nproperty, movable or immovable or to any railway, canal, water supply, telecommunication\nsystem, oil pipeline, oil installation, electrical installation; or\n(c) in the prevention of the removal of any public landmark, buoy or other mark used for\nnavigation.\n PART X- PROPERTY FOUND AND UNCLAIMED, ETC." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "88", |
| "title": "Found and unclaimed property", |
| "content": "(1) Where a police officer or any other person finds a lost property, the police officer or person who\nfinds the property shall take it to the nearest police station within 24 hours after it is found.\n(2) A police officer on duty shall collect the property which was found and make a record of it.\n(3) A register shall be kept at a police station for the purpose of making entries of the property found and\nbrought to the station which shall contain:\n(a) the type of property found;\n(b) the description of the property stating the general particulars and state and condition of the\nproperty when it was brought to the police station and any other relevant information relating to\nthe property;\n(c) the date and time it was found and brought;\n(d) the name, address and telephone number, if any, of the person who found and brought the\nproperty to the station;\n(e) the name and rank of the police officer who collected the property; and\n(f) the signatures of the police officer and the person who found and brought the property to the\nstation.\n(4) A police officer who collects the lost and found property shall enter the details in the register referred\nto in subsection (3) and prepare two forms acknowledging the receipt of the lost and found property and\ngive a duly signed copy to the person who found and brought the property to the police station.\n(5) The police officer in charge of the police station in possession of the property found shall make a\npublic announcement at least on three consecutive times in the print and electronic media about the lost\nand found property and give a duly custody of the police station for the rightful owner to claim the\nproperty with authentic proof of ownership within a period of six months.\n(6) The police officer in charge of the station in possession of the property shall release the property upon\nsatisfactory proof of ownership.\n(7) Where the property remains unclaimed after the expiration of six months, the police officer in charge\nof that police station shall bring the property before a magistrate court for auction and the proceeds shall\nbe paid into the Police Reward Fund established under section 91of this Act.\n(8) Where a property in Police custody is a perishable article or its custody involves unreasonable\nexpense or inconvenience, it may be sold at any time, and the proceeds of sale shall be paid into the\nPolice Reward Fund established under section 91 of this Act.\n(9) There shall be deducted from the proceeds of a sale under subsections (7) and (8), before being paid\ninto the Police Reward Fund the cost, if any, of the sale and of any sum which the court may direct to be\npaid as a reward to any person by whom the property was delivered into the possession of the police." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "89", |
| "title": "Documentation of arrest, witnesses and death in police station", |
| "content": "(1) Where a person appears in a police station in respect of an offence or an allegation of the\ncommission of an offence either as an accused person or a witness, or as a relation or friend of an\naccused person or a witness, the duty officer or such other officer as may be authorised by the\nofficer-in-charge of the police station shall enter in the official record book:\n(a) the name of the person and his national identity number, if any;\n(b) the date of birth of the person;\n(c) the reason for the person's visits;\n(d) the name and address of the person's next-of-kin;\n(e) the exact time the person comes to the station and leaves, for everyday he visits; and\n(f) any ailment or medical condition which the person has.\n(2) The particulars mentioned in subsection (1) shall be updated each day the person remains in custody\nin the police station.\n(3) Where, in the discharge of the police duty, a person is shot, wounded or killed, the officer\ncommanding the operation shall record:\n(a) the number of those wounded or killed, the names of the victims or their description as much\nas possible; and\n(b) efforts taken to ensure hospitalisation of the wounded or proper preservation of the dead.\n(4) A police officer who fails to keep appropriate records referred to in subsections (1), (2) and (3)\ncommits a serious misconduct, which shall attract disciplinary measure.\n(5) The Inspector-General of Police shall give a quarterly report to the Police Service Commission\nitemising the number and identity of persons who:\n(a) were detained in all police formations across Nigeria;\n(b) were charged and prosecuted in the courts in Nigeria and the outcome of their cases;\n(c) were killed or wounded during police operations across Nigeria; and\n(d) died in police custody." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "90", |
| "title": "Missing persons", |
| "content": "(1) A person who is aware that a person under his employment or control is missing shall, within 24\nhours report to the police:\n(a) the identity of the missing person; and\n(b) circumstances in which that person got missing.\n(2) When a report is made to the police under subsection (1) of this section, the duty officer or such other\ndesignated staff shall immediately record the name and address of the missing person and the person\nwho made the report.\n PART XI \u2013 ESTABLISHMENT OF THE POLICE REWARD FUND, ETC. AND OTHER\n PROVISIONS RELATING TO THE POLICE FORCE" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "91", |
| "title": "Establishment of the Police Reward Fund", |
| "content": "(1) There is established for the Nigeria Police the Police Reward Fund (in this Act referred to as \"the\nReward Fund\") into which shall be paid:\n(a) all money levied by order of a senior officer on members of the police for offences against\ndiscipline;\n(b) all fines levied for assaults on members of the police;\n(c) one-third of fees paid by members of the public in respect of extracts from reports made by\nthe police;\n(d) one-third of fees paid in accordance with Standing Orders for the services of police officers\nwho would otherwise be off duty; and\n(e) all sums ordered to be paid into the Fund under section 88 (7) of this Act.\n(2) Subject to the rules for the time being in force under section 23 of the Finance Control and\nManagement Act, the Reward Fund shall be applied and disbursed at the direction of the\nInspector-General of Police, based on criteria laid by the Police Service Commission:\n(a) to reward members of the police for exemplary services\n(b) for payment of ex gratia compassionate gratuities to widows or children of deceased\nmembers of the force;\n(c) for making ex gratia payments towards the funeral expenses of any member of the police who\ndies in the service of the police: and\n(d) for such other purpose as may be determined, by the Nigerian Police Council." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "92", |
| "title": "Recognition and commendation for gallantry and exemplary service", |
| "content": "Police officers who have distinguished themselves with their outstanding performance in the\ndischarge of their duties shall be duly honoured and recognised for their gallant and exemplary service by\nthe Police Force:\n(a) by recommendation for national honours, attention being paid to deserving officers inclusive;\n(b) through public presentation of awards and certificates of exemplary service from communities\nand civil society; or\n(c) by the police setting aside a day or week in every year to celebrate outstanding performance\nby its officers and to remember their fallen heroes." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "93", |
| "title": "Police officer and indebtedness", |
| "content": "(1) A police officer shall not get himself involved in indebtedness of any kind while still in service,\nand where he does, he shall be disciplined and the debt or liability shall be recovered from his\nremuneration if the creditor can prove the indebtedness by withholding from the police officer's\nremuneration an amount not exceeding one-third of his monthly remuneration until the amount of the debt\nor liability is made good.\n(2) Where the recovery of the debt or liability is by a court order, the court making the order shall give due\nnotice to the senior police officer in charge of the command to which the indebted officer belongs, and the\namount ordered shall be withheld or deducted from the indebted officer's remuneration until the amount\nof the debt is made good." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "94", |
| "title": "Exception to debt recovery", |
| "content": "The remuneration of a police officer shall not be withheld on account of any debt or liability which he\nmay have incurred before being appointed to the police." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "95", |
| "title": "Private business and conflict of interest", |
| "content": "A police officer shall not, while in service, be directly involved in managing and running any private\nbusiness or trade except farming.\n PART XII-OFFENCES" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "96", |
| "title": "Offences by a police officer", |
| "content": "(1) A police officer who:\n(a) begins, raises, abets, countenances, or excites mutiny;\n(b) causes or joins in any sedition or disturbance of any nature whatsoever;\n(c) being at an assembly tending to riot, does not use his utmost endeavour to suppress the\nassembly;\n(d) coming to the knowledge of any mutiny, or intended mutiny does not without delay give\ninformation of the mutiny to his superior officer;\n(e) strikes or offers any violence to his superior officer, while in the execution of his duty;\n(f) deserts or aids or abets the desertion of an officer from the Nigeria Police;\n(g) on enlistment falsely states that he:\n(i) has not been convicted or imprisoned for a criminal offence, or\n(ii) was never employed by the Government of the Federation or of a State;\n(h) fails to come to the aid or to assist any person in need of assistance at the time of distress:\n(i) shall be subject to appropriate disciplinary proceedings in accordance with the police\ndisciplinary mechanisms, and\n(ii) if found liable, shall be recommended for dismissal and charged to court for\nprosecution in accordance with the relevant laws in force.\n(2) A police officer shall not, in discharging his duty:\n(a) discriminate against a person in Nigeria, based on the person's-\n(i) place of origin, (ii) gender, (iii) socio-economic status, (iv) ethnic, political or religious\naffiliation, or (v) any form of disability, and\n(b) use a language, or act in such a way that suggests a bias towards a particular group.\n(3) A police officer may be proceeded against for desertion without reference to the time during which he\nmay have been absent, and may be found guilty, either of desertion or of absence without leave.\n(4) A police officer shall not be convicted as a deserter or of attempting to desert unless the court is\nsatisfied that there was an intention on the part of the officer either not to return to the Police Force, or to\nescape some particular important service." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "97", |
| "title": "Apprehension of deserters", |
| "content": "On reasonable suspicion that a person is a deserter, a police officer or any other person may\napprehend him and bring him immediately before a court having jurisdiction in the place where he was\nfound, which may deal with the suspected deserter or refer him to a court having jurisdiction in the place\nin which he has deserted." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "98", |
| "title": "Assault on police officer", |
| "content": "A person who assaults, obstructs or resists a police officer in the discharge of his duty, or aids or\nincites any other person to assault, obstruct or resist a police officer or other person aiding or assisting\nthe police officer in the discharge of his duty, commits an offence and is liable on conviction to a fine of\nN500,000 or imprisonment for a term of six months or both." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "99", |
| "title": "Refusing to aid police officer assaulted", |
| "content": "Where a person is called upon to aid and assist a police officer who is, while in the discharge of his\nduty, assaulted or resisted or in danger of being assaulted or resisted, and the person refuses or neglects\nto aid and assist, the person commits an offence and is liable on conviction to a fine of N100,000 or\nimprisonment for a term of three months or both." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "100", |
| "title": "Drinking of alcohol or use of psychotropic substances and stimulants while on duty", |
| "content": "(1) While on duty, a police officer shall not take any intoxicating liquor, psychotropic substances or\nstimulants, where he does, he shall be punished in accordance with the police disciplinary procedures.\n(2) A person who:\n(a) knowingly harbours or entertains, or either directly or indirectly, gives any intoxicating liquor,\npsychotropic substance or stimulant to any police officer while on duty, or permits any such police\nofficer to abide or remain in his house unlawfully; except in cases of extreme urgency,\n(b) by threats or by offer of money, gift, spirits, liquors, psychotropic substances or stimulants\ninduces or attempts to induce any police officer to commit a breach of his duty as a police officer\nor to omit any part of such duty, commits an offence and is liable on conviction to a fine of at least\nN50,000." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "101", |
| "title": "Impersonation of police officer", |
| "content": "A person not being a police officer who:\n(a) puts on or assumes either in whole or in part, the apparel, name, designation, or description of\nany police officer or resembling and intended to resemble the apparel, name or designation of\nany police officer, or\n(b) In any way pretends to be a police officer for the purpose of obtaining admission into any\nhouse or other place, or of doing any act which such person would not by law be entitled to do of\nhis own authority, commits an offence and is liable, on summary conviction to a fine of at least\nN100,000 or imprisonment for at least one year or both." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "102", |
| "title": "Obtaining admission into Police Force by fraud", |
| "content": "(1) A person who:\n(a) knowingly uses or attempts to pass off any forged or false certificate, character, letter, or any\nother document for the purpose of obtaining admission into the Nigeria Police Force; or\n(b) on applying for enlistment, makes any false answer to any statement put to him by any\nappropriate authority, commits an offence and, on summary conviction to a fine of N50,000 or\nimprisonment for three months or both.\n(2) A police officer may arrest without a warrant any person whom he reasonably believes or suspects of\nhaving committed an offence under this section." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "103", |
| "title": "Ordinary course of law not to be interfered with", |
| "content": "Nothing in this Act is be construed to exempt a police officer from being proceeded against by the\nordinary course of law when accused of any offence punishable under any other Act or law." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "104", |
| "title": "Persons acquitted by the court not to be tried for the same offence under this Act", |
| "content": "(1) A person who has been acquitted by a court of any offence shall not be tried on the same\ncharge or suffer any punishment under this Act.\n(2) Where a police officer has been convicted by a court for an offence, he is not liable to be punished for\nthe same offence under this Act, but may have his rank or grade reduced or be dismissed from the Police\nForce.\n PART XIII \u2013 SPECIAL CONSTABLES" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "105", |
| "title": "The Special Constabulary", |
| "content": "(1) The Special Constabulary is established under this Act.\n(2) The Special Constabulary is deemed part of the Nigeria Police Force, and accordingly references in\nthis Act to the Police Force shall, subject to the provisions of this Act, include, and be deemed always to\nhave included, references to the Special Constabulary.\n(3) The Special Constabulary shall consist of-\n(a) special constables appointed in normal circumstances under section 106 of this Act; and\n(b) such emergency special constables as may be appointed from time to time under section 108\nof this Act.\n(4) If any enactment requires police officers to perform military duties or confers power (whether\nexpressly or in general terms) to require police officers to perform such duties, that enactment shall not,\nin the absence of express provision to the contrary, extend to members of the special constables." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "106", |
| "title": "Appointment of special constables", |
| "content": "(1) Subject to the provisions of this section, the competent authority may appoint as a special\nconstable any person who:\n(a) has attained the age of 21 years but has not attained the age of 50 years;\n(b) is of good character and physically fit; and\n(c) has signified willingness to serve as a special constable.\n(2) The Inspector-General of Police shall, from time to time by notice published in the Force\nAdministrative Instructions, fix the maximum number of persons who may hold appointments under this\nsection, and a person shall not be appointed as a special constable under this section if his appointment\nwould cause the number, for the time being so fixed, to be exceeded.\n(3) Subject to subsection (2), the Inspector-General of Police may:\n(a) review the maximum number of persons who may hold appointments under this section in any\nterritory; and\n(b) fix the maximum number of persons appointed under this section who may hold any particular\nrank in the special constabulary in any territory;\n(c) in either case, fix different numbers with respect to different territories, and every competent\nauthority shall ensure that the numbers fixed under this subsection are not exceeded.\n(4) Every special constable appointed under this section-\n(a) shall be appointed to serve as a special constable for one year or such longer period as may\nbe agreed between him and the authority by whom he is appointed, and shall, on appointment,\nsign an engagement in the prescribed form to serve as a special constable for that period;\n(b) shall be appointed in respect of the Police Area Command or, where there is no Police Area\nCommand, the Police Division in which he resides or is employed;\n(c) shall, within the territory in which the police area in respect of which he is appointed is\nsituated, but not elsewhere, have the powers, privileges and immunities of a special constable;\nand subject to the provisions of this Act, shall be a member of the special constable for all\npurposes:" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "107", |
| "title": "Resignation, suspension and dismissal of special constables appointed under section 106", |
| "content": "(1) A special constable appointed under section 106 of this Act may, at any time, give to the senior\npolice officer in charge of the police area in respect of which he is appointed notice in writing to the effect\nthat he desires to resign his appointment on a date (not being less than 30 days later than the date on\nwhich the notice is given) mentioned in the notice.\n(2) On receipt of a notice under subsection (1), the senior police officer in question shall refer it to the\ncompetent authority, and if the competent authority consents to the notice, the appointment of the special\nconstable by whom the notice was given shall determine on the date mentioned in the notice or the date\non which he is notified that the competent authority has given its consent under this subsection,\nwhichever, is the later.\n(3) The competent authority may, at any time for reasons appearing to it to be sufficient by notice in\nwriting, immediately suspend or determine the appointment of any special constable appointed under\nsection 106 and may, if it deems fit, do so without informing the special constable of the reasons for his\naction, but shall in every case immediately report its action and the reasons to the Inspector-General of\nPolice.\n(4) A special constable whose appointment is suspended or determined under subsection (3) otherwise\nthan by the Inspector-General of Police, may appeal against the suspension or determination to the\ncompetent authority, and any such appeal shall be heard and determined by the competent authority to\nwhom it is made.\n(5) Any delegation of the powers of the Inspector-General of Police under subsections (3) and (4) shall be\nsuch as to secure that in every case the competent authority having power to hear and determine an\nappeal under subsection (4) is a police officer of higher rank than the police officer against whose action\nthe appeal is brought." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "108", |
| "title": "Appointment of emergency special constables", |
| "content": "(1) If at any time the Commissioner of Police for a State or Federal Capital Territory is satisfied, as\npolice in that State, that an unlawful assembly or riot or breach of the has taken may reasonably be\nexpected to take place in that area, or that by reason of other special circumstance it in necessary in the\npublic interest for emergency special constables to be appointed in respect of that area, he may authorise\nthe senior police officer in charge of that area or any Chief Superintendent of Police to appoint person\nresident or employed in that area (whether male or female) emergency special constables.\n(2) An authorisation under this section need not be in writing, but shall specify the maximum number of\nemergency special constables who may be appointed under that authorisation.\n(3) Where a senior police officer proposes to appoint any person as an emergency special constable\nunder an authorisation given under this section, he shall cause to be served on that person a notice in the\nprescribed form requiring him to present himself at a time and place specified in the notice for\nappointment as an emergency special constable.\n(4) Every person on whom a notice is served under subsection (3) shall present himself at the time and\nplace specified in the notice and shall, on being required to do so by the senior police officer proposing to\nappoint him, make and sign a promise in the prescribed form to serve as an emergency special constable\nuntil such time as his appointment is determined under this section, and immediately after he has made\nand signed that promise, the senior police officer shall hand to him a document in the prescribed form\nappointing him as an emergency special constable in respect of the police area to which the authorisation\nunder which he is being appointed relates.\n(5) Every emergency special constable:\n(a) shall, in the police area in respect of which he is appointed, not elsewhere, have the powers,\nprivileges and immunities of a special constable; and\n(b) subject to the provisions of this Act, shall be a member of the special constabulary for all\npurposes.\n(6) The senior police officer in charge of the police area in respect of which an emergency special\nconstable is appointed may at any time, and shall, if so directed by the Commissioner of Police for the\nState in which that police area is situated, by notice in writing forthwith, or with effect from a future date\nspecified in the notice, determine the emergency special constable's appointment, and on the\ndetermination of his appointment under this section, an emergency special constable shall be issued with\na certificate of discharge in the prescribed form.\n(7) Any person who, without reasonable excuse (proof of which shall lie on him):\n(a) refuses or fails to comply with the requirements of a notice served on him under subsection\n(3); or\n(b) refuses to make and sign a promise to serve on being required to do so under subsection (3)\nis liable on summary conviction to a fine not exceeding N10,000.\n(8) The provisions of this section shall apply in relation to the Federal Capital Territory, Abuja as they\napply in relation to a State, subject to the modification that, in relation to the Federal Capital Territory.\nAbuja any reference to the Commissioner of Police shall be construed as a reference to the\nInspector-General of Police.\n(9) The provisions of this section shall have effect subject to section 106 (2) and (3) of this Act." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "109", |
| "title": "Provisions supplementary to section 108", |
| "content": "(1) The Commissioner of Police for a State or Federal Capital Territory or the Inspector-General of\nPolice;\n(a) on giving an authorisation under section 108 of this Act, shall forthwith inform the President of\nhis action and of the circumstances which led him to take it, and shall as soon as possible cause\nnotice of the giving of the authorisation to be published in the Force Administrative Instructions;\nand\n(b) as soon as possible after all emergency special constables appointed under that authorisation\nhave been discharged, shall cause notice of that fact to be published in the Force Administrative\nInstructions.\n(2) The Inspector-General of Police may, by order published in the Force Administrative Instructions,\ndeclare persons of any class or description specified in the order to be exempted from appointment as\nemergency special constables under section 108 of this Act, and the power to appoint persons as\nemergency special constables under that section shall not extend to persons of any class or description\nfor the time being so specified.\n(3) Any power to make or determine appointments under or by virtue of section 108 of this Act shall be\nexercisable only while there is in force the necessary delegation of that power by the Inspector-General of\nPolice." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "110", |
| "title": "Equipment", |
| "content": "(1) The Inspector-General of Police may provide for use by special constables such as batons,\nclothing and other equipment as he considers necessary for the proper carrying out of their duties.\n(2) Any expenses incurred by the Inspector-General of Police under this section shall be defrayed out of\nthe funds of the Police Force." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "111", |
| "title": "Instruction of special constables", |
| "content": "(1) Regulation made under section 139 (1) (a) of this Act with respect to the organisation and\nadministration of the Force shall not require special constables to attend for instruction on more than four\ndays in any one month or for periods in the aggregate to more than 24 hours in any one month.\n(2) Any person responsible for giving instruction to special constables under the regulations shall have\nregard as far as possible to the convenience of special constables who are to attend for instruction also,\nwhere applicable, to that of the employers of such special constables." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "112", |
| "title": "Allowances, pensions, etc", |
| "content": "(1) Except as expressly provided by this section or by regulations made under subsection (3), a\nperson's service as a special constable shall render him for a stipend as may be determined by the\nInspector-General of Police as approved by Police Council.\n(2) A special constable shall:\n(a) have no claim on the Police Reward Fund; and\n(b) not as such be entitled to occupy living accommodation provided at the public expense.\n(3) Regulations made under section 139 (1) (a) of this Act may provide for stipends to be paid to special\nconstables-\n(a) in respect of expenses incurred by them in connection with their attendance at periods of\ninstruction;\n(b) as compensation for loss of earnings during periods of full-time duty; and\n(c) in respect of the use by special constables or of this subsection, the rank of Inspector of their\nown vehicles while on full-time duty, but shall not provide for the payment of any other stipends to\nspecial constables; and the amount of any such stipends as is mentioned in paragraph (a) or of\nthis subsection shall be fixed by the regulations, and shall not be calculated by reference to the\nactual expenses or loss of earnings of the person to whom it is payable." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "113", |
| "title": "Establishment of Community Policing Committee", |
| "content": "(1) For the effective and efficient policing of communities in a State or Federal Capital Territory, the\nCommissioner of Police of a State shall establish Community Policing Committee (in this Act referred to\nas \"the Policing Committee\") which shall consist of representatives of the Police Force and the local\ncommunity in the State.\n(2) A Commissioner of Police of a State shall establish Community Sub-Policing Committee (in this Act\nreferred to as \"the Sub-Policing Committees\") at all Divisional Police Headquarters in the State or Federal\nCapital Territory.\n(3) Subject to section 116 (1) (b) of this Act, the Commissioner of Police and members designated by him\nfrom time to time for the purpose, shall be members of the Policing Committees and Sub-Policing\nCommittees established at various police formations." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "114", |
| "title": "Establishment of Divisional Community Policing Committee", |
| "content": "(1) A Commissioner of Police of a State or Federal Capital Territory shall, in collaboration with the\nrelevant stakeholders in the community, establish Divisional Community Policing Committee (in this Act\nreferred to as \"Divisional Policing Committee\") in all Police Divisions within the State.\n(2) A Divisional Policing Committee shall, in collaboration with the relevant stakeholders in the\ncommunity, establish Divisional Community Policing Sub-Committee in all police formations in the\nDivision.\n(3) Subject to section 116 (1) (b) of this Act, the Divisional Police Officer and the members designated by\nhim, from time to time for that purpose, shall be members of the Divisional Policing Committee\nconcerned." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "115", |
| "title": "Establishment of State Community Policing Committees", |
| "content": "(1) A Commissioner of Police of a State shall, in collaboration with the State Executive Council,\nestablish a State Community Sub-Policing Committee.\n(2) A State Community Policing Committee shall, subject to subsection (3), consist of representatives of\nDivisional Community Policing Committees designated for that purpose by the Divisional Community\nPolicing Committees of a State concerned.\n(3) Subject to section 116 (1) (b) of this Act, the Commissioner of Police in a State and the members\ndesignated by him, from time to time for the purpose, shall be members of the State Community Policing\nCommittee concerned." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "116", |
| "title": "Objectives of Community Policing Committees", |
| "content": "(1) The objectives of the Committees are to:\n(a) maintain a partnership between the community and the Police Force;\n(b) promote communication between the Police Force and the community;\n(c) promote co-operation between the Police and the community in fulfilling the needs of the\ncommunity regarding policing;\n(d) improve the police service to the community; and\n(e) improve transparency and accountability in the provision of police services to the community.\n(2) This section does not prevent police liaison with the community by means other than Policing\nCommittee, Sub-Policing Committee and Divisional Policing Committee." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "117", |
| "title": "Duties of community policing officers", |
| "content": "(1) The duties of community policing officers shall include assisting the Police in:\n(a) crime detection and prevention;\n(b) conflict resolution;\n(c) criminal intelligence gathering and dissemination to the local Police Commanders;\n(d) maintenance of law and order;\n(e) deployment to complement the conventional Police in the patrol of the public space within\ntheir local communities;\n(f) reassuring and advising the public on public safety, crime prevention and security tips;\n(g) dealing with minor offences and social vices;\n(h) working with the community, schools, and young people, business communities, religious\nbodies, cultural groups, community-based associations, recreational centres and hospitality\nbusinesses toward crime control; and\n(i) traffic management and school safety duties.\n(2) The Inspector-General of Police, in implementing community policing, shall promote organisational\nstrategies that support the systematic use of partnerships and problem-solving techniques to proactively\naddress conditions that cause crime, social disorder and fear of crime.\n(3) The Inspector-General of Police in implementing community policing may vary strategies according to\nthe needs of the communities involved and the cultural context and local models which will vary and\nevolve according to the differing needs of differing communities, whilst retaining and sharing the same set\nof goals and basic principles." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "118", |
| "title": "Functions of Community Policing Committees", |
| "content": "A State Community Policing Committee or Divisional Community Policing Sub-Committee shall\nperform the functions it deems necessary and appropriate to achieve the objectives stated in section 116\nof this Act." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "119", |
| "title": "Procedural matters", |
| "content": "(1) A Committee, Sub-Committee and Divisional Committee shall:\n(a) elect, from amongst its members, a chairman, vice-chairman and a secretary who shall be\npolice officers;\n(b) determine the number of members to be assigned by the State Commissioner or Divisional\nPolice Officer to serve as members of the Committee or Sub-Committee concerned;\n(c) determine its own procedure and cause minutes to be kept of its proceedings; and\n(d) whenever it considers necessary, co-opt other members, experts or community leaders to the\nCommittee, Sub-Committee and Divisional Committee in an advisory capacity.\n(2) Members of the Committee, Sub-Committee and Divisional Committee shall render their services on a\nvoluntary basis and shall have no claim to any remuneration solely for services rendered to the\nCommittee, Sub-Committee or Divisional Committee.\n(3) The majority of the members of a Committee, Sub-Committee or Divisional Committee shall constitute\na quorum at any of its meetings.\n(4) In the absence of the Chairman of a Committee, Sub-Committee or a Divisional Committee at a\nmeeting, the vice-chairman shall preside over the meeting, and if both the Chairman and Vice-Chairman\nare absent, the members present shall elect one of them present to preside over the meeting.\n PART XV \u2013 TRAFFIC WARDEN SERVICE" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "120", |
| "title": "Establishment of Traffic Warden Service", |
| "content": "(1) There is established a Traffic Warden Service (in this Act referred to as \"the Warden Service\").\n(2) The Warden Service shall consist of traffic wardens appointed from time to time under this Act.\n(3) The Warden Service shall be a part of the Police Force and accordingly, references to the Police\nForce shall, subject to the provisions of this Act, include references to the Warden Service.\n(4) Notwithstanding subsection (3), where any Act, whether passed before or after the commencement of\nthis Act, requires police officers to discharge military duties, or confers any power on any person whether\nexpressly or in general terms to require police officers to discharge those duties, that Act shall not, in the\nabsence of express provision to the contrary, extend to traffic wardens.\n(5) Traffic wardens shall be employed to perform functions normally undertaken by police officers in\nconnection with the control and regulation of, or the enforcement of the law relating to, road traffic and\nshall, in that connection, act under the direction of the Police Force.\n(6) Without prejudice to the generality of the provisions of subsections (1) - (5), a traffic warden shall deal\nprimarily with:\n(a) the general control and direction of motor traffic on the highway;\n(b) assisting pedestrians to cross the road; and\n(c) controlling vehicles stopping or parking in unauthorised places." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "121", |
| "title": "Recruitment of traffic wardens", |
| "content": "(1) Notwithstanding anything to the contrary in any law, the Inspector-General of Police has power\nto appoint, promote, transfer, dismiss or exercise disciplinary control over traffic wardens.\n(2) Subject to the provisions of this Act, a person may be recruited a traffic warden if he:\n(a) is not less than 18 and not more than 25 years of age;\n(b) is in possession of a minimum educational qualification of Senior Secondary School\nCertificate;\n(c) at least 167.64 centimetres and 162.56 centimetres tall respectively for the men and women;\n(d) in the case of men, has at least 86.36 centimetres chest measurement when fully expanded;\n(e) is of good character and physically fit; and\n(f) has signified his willingness to serve as a traffic warden.\n(3) The Police Service Commission on the recommendation of the Inspector-General of Police shall from\ntime to time by notice published in the Federal Government Gazette, fix the maximum number of persons\nwho may at any given time hold office under this section; and a person shall not be enlisted as a traffic\nwarden if his enlistment would cause the number for the time being so fixed to be exceeded.\n(4) The Inspector-General of Police may-\n(a) from time to time with the approval of the Police Service Commission, fix the maximum\nnumber of traffic wardens who may, at any time, hold appointments in any State;\n(b) at his own discretion, fix the maximum number of traffic wardens who may, at any time, hold\nany particular rank in the Warden Service in any State: and\n(c) in either case, fix different numbers with respect to different States." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "122", |
| "title": "Declarations by traffic wardens", |
| "content": "(1) A traffic warden on appointment, or if re-appointed for a further term, shall make and subscribe\nto the police declaration prescribed by the Oaths Act as modified under subsection (2).\n(2) The police declaration prescribed by the Oaths Act is modified by substituting for the words:\n(a) \"police officer\", wherever they occur, the words \"traffic warden\"; and\n(b) \"for the preservation of peace\" to the end of the declaration, the words, \"to discharge all duties\nof my office according to law\"." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "123", |
| "title": "Tenure of office of traffic wardens", |
| "content": "(1) A traffic warden appointed under this Act shall be:\n(a) appointed to serve as a traffic warden for 35 years of service or 60 years of age whichever\ncomes first; and\n(b) pensionable only in the Police State Command in which he resides.\n(2) A traffic warden may, subject to satisfactory conduct and service, be re-appointed for further three\nyears until the expiration of the tenth year of his appointment in the Warden Service, when he may elect\nto determine his appointment or elect that his service be allowed to continue until he is 55 years of age." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "124", |
| "title": "Powers of traffic wardens", |
| "content": "A traffic warden appointed under this Act shall, when on duty:\n(a) have the powers, privileges and immunities of a police officer under any law relating to the\nregulation of road traffic; and\n(b) be in uniform within the Police State Command in which he is appointed to serve, but not\nelsewhere." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "125", |
| "title": "Certificate of appointment and discharge", |
| "content": "A traffic warden:\n(a) on first appointment, shall be issued with a certificate of appointment in a form approved by\nthe Inspector-General of Police; and\n(b) on the determination of that or any subsequent appointment whether by effluxion of time or\nunder section 120 of this Act, shall in like manner be issued with a Certificate of Discharge." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "126", |
| "title": "Ranks of traffic wardens", |
| "content": "A traffic warden shall have such rank as may be assigned to him by the Inspector-General of Police\nbeyond the following grades:\n(a) Traffic Warden Grade III;\n(b) Traffic Warden Grade II;\n(c) Traffic Warden Grade I;\n(d) Senior Traffic Warden II;\n(e) Senior Traffic Warden I;\n(f) Assistant Superintendent of Traffic II;\n(g) Assistant Superintendent of Traffic I;\n(h) Deputy Superintendent of Traffic." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "127", |
| "title": "Resignation", |
| "content": "(1) A traffic warden appointed under this Act may at any time give to any senior police officer under\nwhom he is serving, notice in writing of his intention to resign his appointment on a date mentioned in the\nnotice not being less than 28 days later than the date on which the notice is given.\n(2) On receipt by the senior police officer of the notice referred to in subsection (1) of this section, the\nsenior police officer shall immediately refer such notice to the Commissioner having control over him and\nthe traffic warden and if the Commissioner consents to the notice having effect, the appointment of the\ntraffic warden shall be terminated." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "128", |
| "title": "Discipline", |
| "content": "(1) In so far as the context so admits, but subject to the provisions of this Act, a traffic warden shall\nbe subject to the provisions of the Police Regulations subsidiary to this Act, for purposes of discipline.\n(2) In the application to Traffic Wardens of the Second Schedule to the Police Regulations, references to\nConstables, Corporals, Sergeants, Inspectors and Senior Police Officers shall include respectively\nreferences to Traffic Wardens Grade III-I and Senior Traffic Wardens Grade II-I and Superintendents of\nTraffic respectively." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "129", |
| "title": "Provision of equipment", |
| "content": "(1) The Inspector-General of Police may provide, for use by the traffic wardens, such equipment as\nhe considers necessary for the proper discharge of their duties under this Act.\n(2) Any expenses incurred by the Inspector-General of Police under this section shall be defrayed out of\nthe General Fund of the Police Force." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "130", |
| "title": "Instruction of traffic warden", |
| "content": "(1) A traffic warden is required to undergo a course of training at the Traffic Training School of a\nPolice College for 12 weeks or such other or further period as the Inspector-General of Police may\ndetermine.\n(2) A traffic warden shall, on appointment, be allocated a service number with the letters, \"TW\" and the\nservice numbers of all traffic wardens employed under this Act shall appear on the register kept for that\npurpose by the Inspector-General of Police.\n(3) A traffic warden to whom a service number has been allocated under subsection (2) shall wear his\nservice number on the shoulder flaps of his uniform whenever he is on duty.\n PART XVI - POLICE PUBLIC COMPLAINTS AND DISCIPLINE" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "131", |
| "title": "Establishment of Police Complaints Response Unit", |
| "content": "(1) The Inspector-General of Police shall establish a Police Complaints Response Unit (in this Act\nreferred to as \"the Unit\") in the Force Headquarters, and each of the Police Commands in all the States of\nthe Federation and the Federal Capital Territory.\n(2) The Unit established under subsection (1) shall be under the Public Relations Section." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "132", |
| "title": "Composition of the Unit", |
| "content": "(1) The Unit shall consist of representatives of the Federal or State Intelligence Bureau, Police\nProvost Marshal and any other unit of the Police Force as the Inspector-General of Police considers fit.\n(2) The Unit shall be headed by an officer not below the rank of a Chief Superintendent of Police." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "133", |
| "title": "Functions of the Unit", |
| "content": "(1) The Unit shall receive:\n(a) complaint or information of police officers misconduct from the public; or\n(b) complaint of police officers misconduct from other police members or authority.\n(2) The Unit may receive:\n(a) any complaint alleging that the conduct complained of resulted in the death of or serious injury\nor other gross human rights violations;\n(b) any complaint showing that a police officer may have committed a criminal offence; or\n(c) any complaint which shows that a police officer is involved in an act constituting professional\nmisconduct.\n(3) The Unit shall monitor the investigations initiated by the Unit.\n(4) While conducting investigation into any complaint by any member of the public against a police officer,\nthe Nigeria Police Force shall afford the person against whom the complaint has been made opportunity\nto defend himself.\n(5) Upon the conclusion of an investigation, the appropriate investigative unit shall make available a copy\nof its findings or investigation report to the Unit within 21 days from the day the complaint was made." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "134", |
| "title": "Steps to be taken after investigation", |
| "content": "After investigation, the head of the Unit through the Force Public Relations Officer or Public\nRelations Officer of a State or the Federal Capital Territory shall forward the report and its\nrecommendations to the Inspector-General or Commissioner of Police a State or the Federal Capital\nTerritory who shall:\n(a) send a copy of the investigation report and recommendations to the appropriate Police or\noversight authority for proper disciplinary action if the investigations reveal that the offence\ncommitted is against discipline as specified in this Act and in the Police Regulations made under\nthis Act; and\n(b) where it is discovered after investigations that the complainant knowingly gave false\ninformation against the police officer or should have reasonably known that the information is\nfalse, the complainant shall be tried according to relevant laws for the time being in force.\n PART XVII \u2013 MISCELLANEOUS PROVISIONS" |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "135", |
| "title": "Prohibition against gender discrimination", |
| "content": "The Police Force or other persons shall not, in the performance of his or its functions under this\nAct, regulations or standing orders made under to this Act, discriminate against any person on the basis\nof gender as provided under section 42 of the Constitution of the Federal Republic of Nigeria, 1999." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "136", |
| "title": "Application of the Act", |
| "content": "All the provisions of this Act shall extend to all persons who, at the commencement of this Act are\nserving in the Nigeria Police Force established by the Constitution of the Federal of Nigeria as if such\npersons had been appointed under this Act." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "137", |
| "title": "Disobeying of unlawful orders", |
| "content": "(1) A police officer who, on reasonable grounds, believes that an order given to him by a senior\nofficer is unlawful, he:\n(a) is not bound to comply with the order; and\n(b) shall immediately make a report in such form as it is provided by the Police Service\nCommission for that purpose.\n(2) On the receipt of the report referred to in subsection (1), the Police Service Commission shall\nimmediately inquire into the matter and may, where the inquiry reveals that the order was:\n(a) lawful, take appropriate disciplinary action against the police officer for disobeying a lawful\norder; and\n(b) unlawful, take appropriate disciplinary action against the senior police officer for giving an\nunlawful order." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "138", |
| "title": "Power to make regulations", |
| "content": "(1) The Minister may make regulations on the recommendation of:\n(a) the Inspector-General of Police, with respect to the policy, organisation and administration of\nthe Police Force, including establishments and financial matters, other than pensions within the\nmeaning of the Pensions Reform Act.\n(b) the Police Service Commission, with respect to appointments, promotions and disciplinary\ncontrol of police officers as specified in the Constitution.\n(2) The Minister shall regularly review the police regulations." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "139", |
| "title": "Repeal", |
| "content": "(1) The Police Act Cap P19 Laws of the Federation of Nigeria, 2004 is repealed.\n(2) Subject to section 6 of the Interpretation Act (relating to the repeal of enactments), the repeal of the\nAct referred to under subsection (1) does not affect anything done or purported to have been done under\nit." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "140", |
| "title": "Savings and transitional provisions", |
| "content": "(1) There are vested in the Police Force established under this Act, all assets, funds, resources\nand other moveable or immoveable property which immediately before the commencement of this Act\nwere vested in the Police Force existing immediately before the commencement of this Act.\n(2) All rights, interests, obligations and liabilities of the Police Force existing immediately before the\ncommencement of this Act under any contract or instrument, or in law or in equity, are by virtue of this Act\nassigned to and vested in the Police Force established under this Act.\n(3) Any contract or instrument referred to in subsection (2) has the same effect against or in favour of the\nPolice Force established under this Act and shall be enforced as fully and effectively as if, instead of the\nPolice Force existing immediately before the commencement of this Act, the Police Force established\nunder this Act had been named in it or had been a party to it.\n(4) Any proceeding or cause of action pending or existing immediately before the commencement of this\nAct in respect of any right, interest, obligation or liability of the Police Force existing immediately before\nthe commencement of this Act may be continued, or as the case may require, be commenced and the\ndetermination of a court or tribunal or other authority or person may be enforced by or against the Police\nForce established under this Act to the same extent that the cause of action or determination might have\nbeen continued or commenced or enforced by or against the Police Force existing immediately before the\ncommencement of this Act as if this Act had not been enacted.\n(5) Subject to the provisions of this Act and to such directions as may be issued by the Police Service\nCommission, a person who immediately before the commencement of this Act held office in the Police\nForce existing before the commencement of this Act is deemed to have been transferred to the Police\nForce established under this Act on terms and conditions not less favourable than those obtaining\nimmediately before the commencement of this Act and employment in the Police Force existing\nimmediately before the commencement of this Act is deem to be service in the Police Force established\nunder this Act for the purpose of pension.\n(6) Any regulation, order, notice made or issued by or for the purpose of the Police Force existing\nimmediately before the commencement of this Act are deemed, if not inconsistent with this Act, to have\nbeen made or issued by or for the purposes of the Police Force established under this Act and shall\ncontinue in force until revoked or amended, subject to such modifications as may, from time to time be\napplicable to the Police Force established under this Act.\n(7) The Minister may if he thinks fit, within 12 months after the commencement of this Act, by notice\npublished in the Federal Government Gazette, make additional transitional provisions for the better\ncarrying out of the objectives of this section." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "141", |
| "title": "Interpretation", |
| "content": "In this Act:\n\"Commissioner\" means a Commissioner of Police, a Deputy Commissioner of Police or an\nAssistant Commissioner of Police;\n\"Constable\" means any police officer below the rank of Corporal;\n\"Constitution\" means the Constitution of the Federal Republic of Nigeria, 1999 (as altered);\n\"court\" means any court established by any law in force in Nigeria;\n\"Criminal Justice Monitoring Committee\" refers to the Administration of Criminal Justice\nMonitoring Committee set up under section 469 of the Administration of Criminal Justice Act to\nensure effective and efficient application of the Act, speedy dispensation of criminal matters and\nfor related matters;\n\"functions\" includes duties;\n\"Inspector\" includes a Chief Inspector and an Inspector of Police;\n\"Minister\" means the Minister charged with responsibility over police matters;\n\"Ministry\" shall be construed accordingly;\n\"Non-Commissioned Officer\" means a Police Sergeant-Major, a Police Sergeant or a Police\nCorporal as the case may be;\n\"Police\" means the Police Force;\n\"Police Force\" means the Police Force established under section 3 of this Act;\n\"police officer\" means a member of the Nigerian Police;\n\"prosecuting officer\" means any person appointed by the Attorney-General of the Federation or of\nthe States to prosecute crimes on their behalf and for the Nigeria Police;\n\"senior police officer\" means any police officer above the rank of a Cadet Assistant\nSuperintendent of Police; and\n\"Superintendent of Police,\" includes a Chief Superintendent of Police, Superintendent of Police, a\nDeputy Superintendent of Police, and an Assistant Superintendent of Police." |
| }, |
| { |
| "source": "Police Act", |
| "section_number": "142", |
| "title": "Citation", |
| "content": "This Act may be cited as the Nigeria Police Act, 2020.\nSCHEDULE\n Section 3 (3)\nSubject to section 215 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the\nhierarchy of the Police shall consist of the following:\n(i) The Inspector-General of Police;\n(ii) Deputy Inspectors-General of Police;\n(iii) Assistant Inspectors-General of Police;\n(iv) Commissioners of Police;\n(v) Deputy Commissioners of Police;\n(vi) Assistant Commissioner of Police;\n(vii) Chief Superintendents of Police;\n(viii) Superintendents of Police;\n(ix) Deputy Superintendents of Police;\n(x) Assistant Superintendents of Police I;\n(xi) Assistant Superintendents of Police II;\n(xii) Cadet Assistant Superintendents of Police;\n(xiii) Chief Inspectors of Police;\n(xiv) Deputy Chief Inspectors of Police;\n(xv) Assistant Chief Inspectors of Police;\n(xvi) Principal Inspectors of Police;\n(xvii) Senior Inspectors of Police;\n(xviii) Inspectors of Police (Confirmed);\n(xix) Inspectors of Police (Unconfirmed);\n(xxi) Sergeant Majors;\n(xxii) Sergeants;\n(xxiii) Corporals;\n(xxiv) Constables I;\n(xxv) Constables II;\n(xxvi) Recruits; and\n(xxvii) such other officers as the Nigeria Police Council may, from time to time consider\nnecessary for effective discharge of the functions of the Police.\nI CERTIFY, IN ACCORDANCE WITH SECTION 2 (1) OF THE ACTS AUTHENTICATION ACT CAP. A2,\nLAWS OF THE FEDERATION OF NIGERIA 2004, THAT THIS IS A TRUE COPY OF THIS BILL\nPASSED BY BOTH HOUSES OF THE NATIONAL ASSEMBLY.\n Arc. OJO OLATUNDE AMOS\n Ag. CLERK TO THE NATIONAL ASSEMBLY\n17th DAY OF AUGUST, 2020\nI ASSENT\n MUHAMMADU BUHARI, GCFR\n President of the Federal Republic of Nigeria\n 15th Day of September, 2020" |
| } |
| ] |
