CHAPTER ONE

General Introduction

1.1    Background of the study 

 The phenomenon, “crime” has been a major
subject of private and public concern throughout human history. No society is
free of crime. However, the question often asked is that even if crime is part
of inevitable human behaviour, how much of it can a society tolerate? This
question is linked to man’s natural instinct for survival, the ability to
respond to any threat to his life and property. Crime poses such a threat,
particularly in its violent form. 

 The recent upsurge
in violent crimes in Nigeria has created enormous uncertainty in the security
of lives and property of individuals and of social stability in general. The
incidents of traditional crimes such as armed robbery, arson, drug trafficking
and abuse, murder, kidnapping, rape, hired assassinations and ritual killings
are examples of the most serious and violent crimes which have been on the
increase in the recent past. Correspondingly, White Collar Crimes in the form
of Advance Fee Fraud (popularly, known as 419), contract deals, embezzlement
and mismanagement in both the public and private sectors are also on the
increase. The aggregate of the traditional crimes mostly committed by the less
privileged and white collar crimes mostly committed by the highly placed call
for a change in the strategies for the prevention and control of crime in
Nigeria,

 The existing
patterns in criminal activities show that criminals are getting more organized,
sophisticated and brutal in the manner they carry out their dastardly acts,
either in the way they physically attack individuals with dangerous weapons or
the method they use in taking advantage of their official positions to steal
and stash away millions of public funds in foreign and domestic accounts.
Equally worrisome is the new dimension in organized criminal behaviour in
Nigeria involving acts of terrorism and sabotage against individuals and public
places. Recent incidents, in which some individual were stalked and eventually
trapped in the volley of bullets from assault weapons, depict the viciousness
of violent criminals. These acts are usually well-planned, orchestrated,
syndicated and organized in the mafia-type fashion. In addition to these new
patterns of violent crimes against persons, there is also the equally
disturbing criminal behaviour against the Nigerian economy leading to the
collapse of financial institutions and government parastatals. In short, we are
witnessing the emergences of dangerous trends in the nation’s social and
economic well-being. 

Three bodies are responsible for the
administration of criminal justice in Nigeria. These bodies are: the Courts,
the Police and Prisons. This research focuses on the police functions in the
administration of justice and the manner in which such functions are carried
out. 

 The primary functions of the police are
detection and prevention of crime as well as preservation of law and order. The
police has constitutional powers of ensuring the prevalence of law and order
and the preservation of public peace.

 The 1999
Constitution of the Federal Republic of Nigeria confer on the police force
powers and duties for effective oversight and accountability^[1] 

       Similarly,
the Police Act charge the force with the general duties

of: 

i.        The protection of life and property  

ii.     Detection
and prevention of crime;

 iii. Apprehension
of offenders;

iv.         
Preservation of law and order 

v.          
The due enforcement of law regulations with
which they are directly charged.

Performance
of such other military duties within and without Nigeria as may be required of
them by or under the authority of any other Act.