The Nigeria Police Force (NPF) And Its Power to Effect Arrests Across State Boundaries.
By Saheed Hossein, Esq.
The Nigeria Police Force (NPF) in any state of the federation can lawfully effect an arrest in another state. This is because the NPF is a single and unified body with jurisdiction throughout Nigeria. However, such an arrest must comply with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other applicable laws, such as the Police Act, 2020 and the Administration of Criminal Justice Act (ACJA), 2015, amongst others.
To start with, it is important to state that Section 214(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) establishes the Nigeria Police Force as a single and centralised police force for the entire country, where it provides:
There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof.
This section of the Constitution establishes the Nigeria Police Force as the sole national police entity, centralised under federal control. It ensures that there is a single national entity responsible for law enforcement, maintenance of public order, and protection of lives and property across Nigeria.
Notwithstanding, section 215(3) of the Constitution further provides that the NPF has the power to maintain public order and enforce laws across the entire federation. The section provides:
The President or such other Minister of the Government of the Federation as he may authorise in that behalf may give to the Inspector-General of Police such lawful directions with respect maintenance and securing of public safety and public order as he may consider necessary, and the Inspector-General of Police shall comply with those directions or cause them to be complied with.
Further, Section 4 of the Police Act, 2020 vests the NPF with the authority to prevent and detect crimes, apprehend offenders, and enforce all laws across Nigeria, the section provides:
The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order; the protection of life and property and the due enforcement of all laws and regulations with with they are directly charged, and shall perform such military duties within or without Nigeria as may be required by them by, or under the authority of, this or any other Act.
This provision outlines the broad mandate of the Nigerian police to protect lives and property, prevent and detect crimes, maintain law and order, enforce laws, and perform military-like duties when required. It emphasises the central role of the police in fostering a safe and lawful society, while also highlighting their flexibility to respond to diverse security challenges within and outside the country.
One thing that is cleared from the section is that it does not restrict the jurisdiction of the Nigeria Police Force to specific state, meaning that a police officer in one state can operate and effect arrests in another state. This is to the effect that NPF operates as a unified body, and its officers can perform their duties anywhere within Nigeria regardless of their state of posting.
However, while the NPF has a nationwide jurisdiction to effect arrests, certain procedural requirements must be observed when effecting arrests across the states. The police officers carrying out the arrests are generally expected to notify the police command in the state where the arrests will take place. This is basically to ensure cooperation and avoid jurisdictional conflict. Also, if the offence is not committed in the presence of the police, and not a situation requiring immediate action as stated under section 18(1) (a-l), ACJA, 2015, the police officers must have a warrant of arrest issued by a Court of law as provided under section 35, ACJA, 2015.
In AGBAJE V. COMMISSIONER OF POLICE (1969) LPELR-24121(SC), the appellant, Chief Agbaje, was arrested in Lagos by officers of the Nigeria Police Force based in Ibadan, Western Region (now Oyo State), for an alleged offence committed in Ibadan. The arrest was made without prior notification to the Lagos State Police Command, and the appellant was subsequently transported to Ibadan. Chief Agbaje challenged the legality of his arrest, arguing that the police officers from the Western Region had no jurisdiction to effect an arrest in Lagos without the consent or knowledge of the Lagos State Police Command. He also alleged that the procedure violated his constitutional rights.
The key issue before the court was whether officers of the Nigeria Police Force posted in one region (or state) could lawfully effect an arrest in another region (or state) without the knowledge or approval of the local police command. The Supreme Court held that the Nigeria Police Force is a single, unified entity established under Section 214(1) of the 1963 Constitution (now Section 214 of the 1999 Constitution). As such, officers of the NPF have jurisdiction to operate anywhere within the country, regardless of their state or regional posting.
While the court upheld the nationwide jurisdiction of the NPF, it emphasised that police officers effecting an arrest in another state or region should notify the local police command to avoid jurisdictional conflicts and ensure proper cooperation. The court found that the arrest itself was not unlawful because the Nigeria Police Force operates as a unified entity. However, the failure to notify the Lagos State Police Command was a procedural oversight. The court noted that while the police has wide powers to effect arrest, such powers must be exercised in compliance with constitutional safeguards, such as the right to personal liberty under Section 32 of the 1963 Constitution (now Section 35 of the 1999 Constitution).
Also, in DOKUBO-ASARI V. FEDERAL REPUBLIC OF NIGERIA (2007) LPELR-958(SC), (2007) 12 NWLR (PT. 1048) 320, Alhaji Mujahid Dokubo-Asari, a prominent leader of the Niger Delta People’s Volunteer Force (NDPVF), was arrested and charged with treasonable felony and other related offences in 2005. He was accused of making public statements that threatened the sovereignty and security of Nigeria. His comments which was allegedly advocating for armed struggle and threatening to overthrow the government were deemed a danger to public order and national security. Dokubo-Asari was arrested and detained pending the determination of the charges against him. He applied for bail at the trial court, arguing that his detention violated his constitutional right to personal liberty under Section 35 of the 1999 Constitution.
The trial court refused his application for bail, citing the gravity of the charges and the potential risk to national security if released. Dissatisfied with the trial court’s decision, Dokubo-Asari appealed to the Court of Appeal. The Court of Appeal upheld the decision of the trial court, affirming that the circumstances of the case justified the denial of bail. Dokubo-Asari further appealed to the Supreme Court, and the Supreme Court upheld the decision of the lower courts and denied Dokubo-Asari’s bail application.
The court ruled that the right to personal liberty is not absolute and can be lawfully restricted under circumstances prescribed by law, such as in the interest of public order and national security. The court emphasised that national security takes precedence over the personal liberty of an individual. In cases where releasing a person on bail could jeopardise the peace and stability of the country, the court has a duty to prioritise the collective interest of society over individual rights.
Conclusively, however, the Nigeria Police Force in one state can lawfully effect an arrest in another state due to the NPF’s nationwide jurisdiction. However, such an arrest must adhere to constitutional safeguards, procedural requirements, and the principles of fairness and justice to avoid claims of unlawful arrest or detention.
References
- Constitution of the Federal Republic of Nigeria (1999, as amended).
- Police Act, 2020.
- Administration of Criminal Justice Act (ACJA), 2015.
- Agbaje V. Commissioner of Police (1969) Lpelr-24121(Sc).
- Dokubo-Asari V. Federal Republic of Nigeria (2007) Lpelr-958(Sc), (2007) 12 Nwlr (Pt. 1048) 320.
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