POLICE AS A FORM OF CRIMINAL JUSTICE SYSTEM

1





Jones M. "the criminal justice workforce" (2009) Sainsbury Centre for Mental Health, Chapter 1, Pg. 1.
Ibid. Pg. 1
Walker, Samuel (1977). A Critical History of Police Reform: The Emergence of Professionalism. Lexington, MT: Lexington Books, p. 143.
Schmolka, Vicki. "Principles to Guide Criminal Law Reform". Department of Justice, Government of Canada.
Onimajesin S. "Criminal Justice System in Nigeria: An Appraisal" 2009, University of Ilorin. Pg. 1.
Parker H. "Criminal Justice - Aims and Objectives". Scottish Executive Consultations. Pg. 2
Oregan Law Dictionary: Update: 2013. www.oregonLaws.org.uk
Farlex "The free dictionary" Update: 2014. www.thefreedictionary.com
Jones M. "the criminal justice workforce" (2009) Sainsbury Centre for Mental Health, Chapter 1, Pg. 2.
Faversham S. "Brief History of English and Welsh Criminal Justice" www.stoa.org.uk. Modified: May, 2013
Ibid. Pg. 3.
Garland, David "Of Crimes and Criminals" (2002). In Maguire, Mike, Rod Morgan, Robert Reiner. The Oxford Handbook of Criminology, 3rd edition. Oxford University Press. p. 20
"http://law.jrank.org/pages/660/Comparative-Criminal-Law-Enforcement-England-Wales.html">Comparative Criminal Law and Enforcement: England and Wales - Law Enforcement: The Police And Prosecution, Prosecutors: Crown Prosecution Service, Criminal Courts: Pre-trial And Trial<
Ibid. Pg. 5
Department of the Official Report (Hansard), House of Commons, Westminster. "Hansard 18 April 2006, Col 328W". Publications.parliament.uk. Retrieved 2009-05-28
Ibid Pg. 5
Ibid. Pg. 5.
Ibid. Pg. 5.
Ibid. Pg. 1
Oliver and Hilgenberg, 2006. Cited by: Jones M. "the criminal justice workforce" (2009) Sainsbury Centre for Mental Health, Chapter. 1, Pg. 4.
Nelson W. "Dispute and Conflict Resolution in Plymouth County, Massachusetts" (1981) Chapel Hill, University of Caroline press.
Oliver and Hilgenberg, 2006. Cited by: Jones M. "the criminal justice workforce" (2009) Sainsbury Centre for Mental Health, Chapter. 1, Pg. 5.
Richards L. L. "Gentlemen property and standing" (1970), "Anti-Abolition Mobs in Jacksonian America" New York: Oxford University Press; Feldberg M. "The turbulent Era: Riot and Disorder in Jacksonian America." (1980) New York: Oxford University Press; and Hofstadter R. and Wallace M. America Violence: A documentary History. New York Vintage Book.
Oliver and Hilgenberg, 2006. Cited by: Jones M. "the criminal justice workforce" (2009) Sainsbury Centre for Mental Health, Chapter. 1, Pg. 18.
Ibid. Pg. 1
Ibid. Pg. 1
Ibid. Pg. 1

Essein E., Ibidapo A., Bello A., Oyakhiromen I., Ige A. "Introduction to Nigerian Criminal Law." (2014). www.nou.edu.ng/NOUN. Okonkwo and Naish "Criminal Law in Nigeria" (1990), Spectrum Law Publishing Ibadan and Karibi-Whyte, A.G. History and Sources of Nigerian Criminal Law. (1993), Spectrum Law Publishing Ibadan.
Essein E., Ibidapo A., Bello A., Oyakhiromen I., Ige A. "Introduction to Nigerian Criminal Law." (2014). www.nou.edu.ng/NOUN.
(1961) I All M 400.
Ibid. Pg. 12.
Oyakhiromen I "criminal law in Nigeria" First Printed 2006. www.nou.edu.ng/NOUN
Oyakhiromen I "criminal law in Nigeria" First Printed 2006. www.nou.edu.ng/NOUN. inspired by: Okonkwo and Naish "Criminal Law in Nigeria" (1990), Spectrum Law Publishing Ibadan
"History". Marine Support Unit. Metropolitan Police. Archived from the original on 2007-07-16.
"Watchmen and constables". UK Parliament. Retrieved 29 December 2013 and "Sir Robert Peel and the new Metropolitan Police". The National Archives. Retrieved 29 December 2013, 1st session 
"History of Metropolitan Police". UK Parliament. Retrieved 29 December 2013, 2nd Session. 
"Sir Robert Peel and the new Metropolitan Police rules". The National Archives. Retrieved 29 December 2013, 4th session.
Ibid. Pg. 3.
Police Reform Act 2002 (c. 30) - Statute Law Database". Statutelaw.gov.uk. Retrieved 2009-05-06. 
Ibid. Pg. 16. 

Anti-terrorism, Crime and Security Act 2001 (c.24) - Statute Law Database". Statutelaw.gov.uk. Retrieved 2009-05-06
Ibid. Pg. 17
Allen J. "Introduction to Criminology: American Criminal Justice System" 2010, Ball State University. Chapter 14, pg. 2
Jay Albanese Criminal Justice (3rd ed.). 2005. Boston: Allyn & Bacon. This introductory criminal justice text provides excellent coverage of all aspects of the criminal justice system.
Ibid. Pg. 19
Freda Adler, Gerhard O.W. Mueller, and William Laufer (2002). Criminal Justice: An Introduction (3rd ed.). Boston: McGraw Hill. This text features excellent coverage of the field of criminal justice with a strong international orientation.
Ibid. Pg. 19.
Barlow H. Criminal Justice in America. (2000). Upper Saddle River, NJ: Prentice Hall. Cited by Allen J. "Introduction to Criminology: American Criminal Justice System" 2010, Ball State University. Chapter 14, pg. 2 Excellent. "boilerplate" presentations on elements of the criminal justice system are provided.

Ibid. Pg. 21
Wesley G. and Susan M. Community Policing: Chicago Style. (1997). New York: Oxford University Press. Cited by Cited by Allen J. "Introduction to Criminology: American Criminal Justice System" 2010, Ball State University. Chapter 14, pg. 2
Ibid. Pg. 22
Ibid. 12
Akano A. Policing Nigeria: Past, Present and Future (Lagos: Malthouse Press Limited) 1991. Kayode, O. "Public
Expectations and Police Role Concepts: Nigeria" (1976) Police Chief (May): 58-59. Odekunle, F. "The Nigeria Police Force: A Preliminary Assessment of Functional Performance" (1979) International Journal of Sociology of Law (7): 61-83.
Ahire, P. "Imperial Policing" Milton Keynes: (1991) Open University Press. Ahire, P. "Native Authority Police in Northern Nigeria : End of an Era." (1993) Open University Press.
Ibid. Pg. 24
Rotimi K. "Local Police in Western Nigeria: End of an Era" (1993) Nigeria Police Force and Malthouse Press. Cited by Tamuno T., Bashir L., Alemika E. and Akano A. "Policing Nigeria: Past, Present and Future (Lagos: Nigeria Police Force and Malthouse Press Ltd.). see also Tamuno T. "The Police in Modern Nigeria" (1970) (Ibadan: University of Ibadan Press), p.90
Ibid. Pg. 24.
Ibid Pg. 12
Ibid. Pg. 12.
Federal Government of Nigeria "Working Party Report on the Police and Prisons." (1967). See also Ahire, P. (1993) "Native Authority Police in Northern Nigeria : End of an Era." and Rotimi K "Local Police in Western Nigeria: End of an Era" . (1993) Cited in Tamuno T. Bashir I, Alemika E. and Akano A "Policing Nigeria: Past, Present and Future" Nigeria Police Force and Malthouse Press. Ohonbamu, O. "The Dilemma of Police Organization under a Federal System: The Nigerian Example" (1972) The Nigerian Law Journal (6): 73-87. Alemika E. (1993) "Colonialism, State and Policing in Nigeria" Crime, Law and Social Change 20: 187 – 219.
Federal Government of Nigeria "Working Party Report on the Police and Prisons." (1967). See also Ahire, P. (1993) "Native Authority Police in Northern Nigeria : End of an Era." and Rotimi K "Local Police in Western Nigeria: End of an Era" . (1993) Cited in Tamuno T. Bashir I, Alemika E. and Akano A "Policing Nigeria: Past, Present and Future" Nigeria Police Force and Malthouse Press. Ohonbamu, O. "The Dilemma of Police Organization under a Federal System: The Nigerian Example" (1972) The Nigerian Law Journal (6): 73-87. Alemika E. (1993) "Colonialism, State and Policing in Nigeria" Crime, Law and Social Change 20: 187 – 219
Alemika E. Presentation at the Biennial Retreat of the Police Service Commission on the theme: "Repositioning the Nigeria Police to Meet the Challenges of the Policing a Democratic Society in the twenty-First Century and Beyond" held at the Le Meridian Hotel, Uyo, Akwa Ibom State, November 1-4, 2010
Ibid. Pg. 26.
The law was first enacted in 1943 and there had been only very minor modifications.
Ibid. Pg. 5
IBJ Wiki on Nigeria criminal Defence. www.IBJ.WIKI.COM. Last Modified: 17 July, 2013.
Section 33 (1) of the 1999 Constitution of Federal Republic of Nigeria (As amended).
Sections 17 of the Criminal Procedure Act, Section 129 of the Criminal Procedure Code and Section 27 of the Police Act 
Section 340 (1), 341 (2) Criminal Procedure Code of the Northern States of Nigeria.
Section 17 Criminal Procedure Act: Chapter 80
Adopted on June 17th 1981 by the Organization of African Unity (OAU).
Ibid. Pg. 29.
Arase S. and Iwufor I. "Policing Nigeria in the 21st Century" (2007) Ibadan Spectrum Books.
The 1999 Constitution of the Federal Republic of Nigeria (As amended)
Ibid. Pg. 29
Ibid Pg. 29.
Ibid. Pg. 29
Tamuno T. "The Police in Modern Nigeria" (1970) University of Ibadan Press.
Ibid. Pg. 29.
Ibid. 34.
It is recognized that the police force has tried to 'purge itself of bad eggs' but this is not adequately made visible to the public, thereby creating the perception that the force always protect its errant officers.
Ibid. Pg. 34.
U. S. President Task Force Report on the Police (1967), p.208.
For a detailed consideration of corruption within the police and other criminal justice agencies, see Adeyemi A. (2001) "Corruption in the Administration of justice in Nigeria", paper presented at the National Conference on the Problems of Corruption in Nigeria", held by the Nigerian Institute of Advanced legal Studies, at the Chelsea Hotel, Abuja, March 26-29.
Alemika, E. E. O. (1999) "Police Community Relations in Nigeria : What Went Wrong?" Paper Presented at the Seminar on Role and Function of the Police in a Post-Military Era, Organized by the Centre for Law Enforcement Education in Nigeria (CLEEN) and the National Human Rights Commission (NHRC) at the Savannah Suite, Abuja, F. C. T. , from 8th to 10th March.
Ibid. Pg. 29.
Alemika E. "Colonialism, State and Policing in Nigeria" Crime, Law and Social Change (1993) 20 : 187 - 219; Kayode, O. (1976) "Public Expectations and Police Role Concepts: Nigeria" Police Chief (May): 58-59. Odekunle, F. "The Nigeria Police Force: A Preliminary Assessment of Functional Performance" (1979) International Journal of Sociology of Law (7): 61-83.
POLICE AS A FORM OF CRIMINAL JUSTICE SYSTEM
1.00 INTRODUCTION
1.01 In the face of ever increasing acts of lawlessness, social disorder, armed robbery, and senseless vindictive assassinations in the world, it has become necessary to look for solution that go beyond superficial semantics and which will be permanent in it aim to cure lawlessness in the human society. The introduction and emergence of criminal justice system in human society was the needed step to at least reduce lawlessness which may at the long run lead to anarchy in the society. The history and development of criminal justice is rife with innovation, change, brutality, inequality, and intrigue. It is, by historical standards, an exciting account that was largely influenced by the events that shaped the entire world. Criminal justice practices have shaped and been shaped by many historical events.
1.02 Individuals seeking a career in criminal justice should be keenly aware of how the system evolved. Among other benefits, understanding the past helps prevent repeated mistakes. Recognizing the past also facilitates understanding how criminal justice practices in their present form came to be and provides a better contextualization of all things in criminal justice.
1.03 This paper will significantly discuss the historical events in the development of criminal justice in the United States, Great Britain and Nigeria. To do so, the paper is organized into two primary parts: i.e the evolution and development of criminal justice as a practice, with a particular emphasis on the criminal justice workforce in the United States, Great Britain and Nigeria and the concept of policing and Police system as an agent of criminal justice in United States, Great Britain and Nigeria but more emphasis will be on Nigerian criminal justice system. The above topics provide a solid foundation of knowledge for anyone interested in a career in criminal justice system.

1.1.0 The major components of the justice system
There are three major components in criminal justice system which are the police, courts, and corrections. They act conjunctively to prevent or deter crime by apprehending, trying, and punishing offenders.
Police departments are public agencies whose purposes are to maintain order, enforce the criminal law, and provide services. Police officers operate in the community to prevent and control crime. They cooperate with prosecutors in criminal investigations, gathering evidence necessary to obtain convictions in the courts.
Courts are tribunals where persons accused of violating criminal law come to have their criminal responsibility determined by juries or judges. The purposes of the courts are to seek justice and to discover the truth. The primary actors in the courts are the prosecutors, defense attorneys, and judges.
Prisons or Corrections include probation, parole, jail, prison, and a variety of new community based sanctions, such as electronic monitoring and house arrest. The purposes of correctional agencies are to punish, to rehabilitate, and to ensure public safety. However, this paper will be restricted to and concern with the police department as an agent of criminal justice system.
2.00 DEFINITION OF THE CONCEPT 'CRIMINAL JUSTICE SYSTEM'
2.01 It is imperative to know the meaning of criminal justice system for a better understanding of the concept. The term criminal justice system may be defined as a system or as a process. As a system, it is made up of three sub-systems or components i.e. the police (as a law enforcement agency), the courts (the judiciary) and the prisons (for the purpose of correction) which work conjunctively to prevent crime in the society. As a process, the criminal justice system is a continuous process in stages where the different component co-ordinate their respective independent functions by processing the criminal suspect or offender from one stage to another. It is a set of legal and social institutions for enforcing the criminal law in accordance with a defined set of procedural rules and limitations having separate systems for adults and juveniles.
2.02 The Oregon law dictionary defines criminal justice system as
"… all activities and agencies, whether state or local, public or private, pertaining to the prevention, prosecution and defense of offenses, the disposition of offenders under the criminal law and the disposition or treatment of juveniles adjudicated to have committed an act which, if committed by an adult, would be a crime."
Also, the Free Legal Dictionary defines criminal justice system as
"… a generic term for the procedure by which criminal conduct is investigated, arrests made, evidence gathered, charges brought, defenses raised, trials conducted, sentences rendered, and punishment carried out."
2.03 In any attempt to define the term criminal justice system, what is important to know is that Criminal justice system is the system of law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing and punishing those who are suspected or convicted of a crime.

3.00 HISTORY OF CRIMINAL JUSTICE SYSTEM
Why history?
3.01 There are many justifications for studying the past. In his work on the role of historical studies in criminal justice curricula, researcher Mark Jones identified several reasons for teaching criminal justice history which amongst others are:
To study the development of current criminal justice components and institutions;
To observe the various significant social, economic, political, and/or philosophical forces that have shaped contemporary reactions to deviance;
To compare contemporary American criminal justice practices with those of the past and those of both similar and different cultures; and
To enable students and researchers to place current criminal justice issues in a historical context.
3.02 Unfortunately, many students and scholars do not appreciate the history of criminal justice as it is not taught in many criminal justice programs.

4.00 HISTORY AND DEVELOPMENT OF CRIMINAL JUSTICE SYSTEM IN ENGLAND
4.1.0 The Ancient era
4.1.1 The criminal justice system in England and Wales has evolved over a considerable period of time and is a unique mix of traditional and modern institutions, agencies, and procedures. Justice during the Anglo-Saxon period and even after the Norman conquest of 1066 was delivered by a combination of local and royal courts. The local courts were presided over by a lord and one of his stewards while the King's Court – Curia Regis – was initially presided over by the king himself. Trial by ordeal' was the main method used by the British to determine guilt or innocence up until the end of the 12th century. This involved those accused having to pick up red hot pokers, remove large stones from boiling water or be thrown into open water with their hands tied to their feet. If their wounds began to heal after three days or they sank in the water they were judged to have 'God on their side' and were therefore innocent.
4.1.2 King William 11 banned trial by ordeal reputedly because 50 men accused of stealing his deer were proved innocent. The practice was also condemned by the Church in 1216. At this time disputes could also be settled by 'Trial by combat' with a win determining innocence or the right to property and remained an option until 1818. Judges were first appointed in 12th century and were court officials used to advising the king who evolved into 'justices in eyre' and had a mixture of administrative and judicial skills and were widely regarded as being highly oppressive.
4.1.3 It was Henry 11 who established the seeds of our modern criminal justice system in the 12th century initially creating a jury of 12 local knights to adjudicate on criminal matters and settlement of land disputes. He also set up a permanent court – the Court of the Queen's Bench which separated proceedings from those which needed to be heard by the King's Bench. In 1166, Henry 11 issued a declaration at the Assize of Clarendon ordering the remaining non King's Bench judges to travel the country which was divided into 'circuits' and resolve conflicts on the basis of laws made by Judges in Westminster – a change which meant that national laws replaced local customs and were 'common' to all. 'Common Law' remains a term today to distinguish it from 'case law' which is established by precedent while assizes remained in existence until 1971 when they were replaced by a network of Crown Courts. In the early days, judges were often members of the clergy and a key change in subsequent centuries was establishing the independence of the judiciary by precluding involvement in politics.
4.2.0 The modern era
4.2.1 Arguably, the modern English criminal justice system can be said to be the pillar and foundation of criminal justice system in most English speaking countries including the present day United States, Nigeria etc. In England, there have been key constitutional events that have set the foundations of the modern system of criminal justice. In contrast to many modern republics the system has evolved over a very long period of time. One key modern participant in the English criminal justice system is the introduction of the 'Justices of Peace' which can be traced back to the Justices of the Peace Act 1361. Working alongside the Justices of the Peace is what is now usually referred to in the modern era as magistrates (the Crown Prosecution Service) which is an agency established as recently as 1985. Despite the gradual evolution of the key constitutional foundations to the criminal justice system—the rule of law, parliamentary democracy, and freedoms of the individual—since the 1980s there has been a new pace of change as matters of crime, justice, law and order have dominated the political headlines and the actions of both government and citizens.
4.2.2 It will be out of place to dwell on the history and development of criminal justice system in England without discussing the legislative reforms which help to sharpen the criminal justice system. The history of legislative reform in the field helps to illustrate the growing interest in criminal justice in England and Wales. In the first eighty years of the twentieth century there were only four statutes entitled Criminal Justice Acts, enacted in 1925, 1948, 1967, and 1972. The rate of change increased with Criminal Justice Acts in 1982, 1988, 1991, 1993, and 1994 and a major piece of criminal legislation in each year since 1994: Criminal Appeal Act 1995, Criminal Procedure Act and Investigations Act 1996, Crime (Sentences) Act 1997, Crime and Disorder Act 1998, and the Youth Justice and Criminal Evidence Act 1999. In the busy parliamentary session 1999/2000 the following laws were enacted: Powers of the Criminal Courts (Sentencing) Act, Crown Prosecution Service Inspectorate Act, Regulation of Investigatory Powers Act, and the Criminal Justice and Court Services Act.
4.2.3 Such reforms are in part a response to internal pressures for more effective crime control, a desire to protect citizens from bias and unfair procedures, the pursuit of greater administrative efficiency, and technological change. Pressure for reform also results from Britain's membership in the European Union, which has brought greater cross-jurisdictional cooperation and coordination in an attempt to control cross-European organized crime and to incorporate reforms such as the European Convention on Human Rights (adopted by the United Kingdom in the Human Rights Act 1998). In October 2000 the Convention comes into effect in England and some of the legislation in the 1999/2000 parliamentary session was to ensure compliance with the European Convention especially with regard to the surveillance powers of the police (Regulation of Investigatory Powers Act 2000). Heralded as the most significant constitutional changes in recent British history, it is likely to have a widespread impact, especially on aspects of policing, bail, and prison procedures.
4.2.4 In England there is no penal code. The sources and interpretation of the criminal laws are to be found in individual Acts of Parliament (statutory sources) and decisions by judicial bodies, in particular the Court of Appeal (case law). Increasingly, decisions of the European Court of Justice have an influence on the operation of the criminal law in all member states of the European Union, including the United Kingdom. The definition of many criminal offenses can be found in statutes. New laws introduced as bills need to pass through both the House of Commons and the House of Lords before they become Acts of Parliament. Thus the definition of burglary and the maximum punishment for it is defined in the Theft Act 1968. The other principal source of criminal law is common law, which derives not from legislation but from what originally were the customs of the people; these were subsequently used as the basis of decisions made by judges in individual cases. There are some criminal offenses that exist only in the rulings of judges. Murder and manslaughter, for instance, are common law offenses. However, the punishments and partial defenses for these two offenses are set out in statutes—Homicide Act 1957, Murder (Abolition of the Death Penalty) Act 1965, and the Criminal Justice Act 1991.
4.2.5 In any criminal justice system it is important to understand the origins of the definitions of criminal conduct, be it through statutory or common law sources. However, it is equally important to appreciate that laws do not enforce themselves; it is therefore necessary to understand the influences on those agencies and participants in the system who interpret and implement the law.
4.2.6 The "law in practice" depends on the activities and decisions of the police, prosecutors, probation and prison officers, professionals (lawyers), and lay participants (magistrates). They do not work from a single document but an array of regulations, requirements, and guidelines as to how they should undertake the task of implementing the criminal law. Thus they will have to refer to specific statutes that relate to their activity and a number of policy documents from central and local government. Furthermore, an agency's approach to making the law work in practice will be determined by the available resources, as well as the organizational culture that has developed over time regarding the appropriate way of doing business. Although there are many factors that affect the way the criminal law is enforced in England and Wales it is particularly important to understand the influence of "adversarial justice" and the "rule of law" and how these principles shape the way that criminal justice is defined and implemented.
4.2.7 The defining logic determining the nature of the criminal law and its operation in England and Wales is provided by the adversarial principle. This means that a person is not considered to be guilty of a crime simply on the word of a government official or law. Conviction in a court requires presentation of admissible evidence that convinces a jury (in the case of serious crimes) or magistrate or district judge that the evidence demonstrates the guilt of the defendant "beyond reasonable doubt." This test of the evidence is in contrast to the much lower standard of proof used in the civil courts, where facts are determined by a judge on the balance of probability In England, the Criminal Law Act 1967 abolished the distinction between felony crimes and misdemeanors and introduced the concept of arrestable and non-arrestable offenses. An arrestable offense is defined as any offense for which the sentence is fixed by law (for example, murder, which carries a mandatory sentence of life imprisonment); or for which an offender may be sentenced to imprisonment for a term of five years or more, as well as certain other specified offenses, such as going equipped for stealing. Anyone who is suspected of committing an arrestable offense may be arrested by the police or a member of the public without a warrant. Non-arrestable offenses are offenses that carry lesser punishments.
4.2.8 For procedural purposes all criminal offenses are classified into one of three categories: indictable, summary or triable-either-way. An indictable offense may only be tried in a Crown Court before a jury, and requires an indictment which is a formal document setting out the charges against the person. Offenses in this category include murder, manslaughter, kidnapping, robbery, and rape.Summary offenses may only be dealt with by summary justice, that is, proceedings in the magistrates' courts that deal with less serious crimes. Summary offenses are generally those that are punishable by no more than six months imprisonment or a fine of £5,000. These are the maximum sentencing powers in the magistrates' courts. Examples of summary offenses include motoring offenses such as driving after consuming alcohol or taking drugs, careless driving, and driving without a license. Non-motoring offenses that are summary include less serious forms of assault, drunkenness, and prostitution offenses.
4.2.9 Triable-either-way refers to the third category of offenses, examples of which include burglary, theft, and handling stolen goods, many offenses involving the possession, use, and supply of illegal drugs, and many types of assault. With this category of offense an individual case may be dealt with either in the magistrates' court or the Crown Court.
5.00 HISTORY AND DEVELOPMENT OF CRIMINAL JUSTICE SYSYTEM IN THE UNITED STATES
5.01 The evolution and history of American criminal justice system would be incomplete without recourse to English criminal justice system because the root of American criminal justice system practices was established in England. The first settlers of the present day America brought the criminal justice system of English common law to shores of America. The system was based on the premise of Mens Reas ("guilty mind") and the influence of the Catholic Church. There was tremendous irony in these practices as so many colonists had escaped England to avoid religious persecution.
5.02 At this point, it is pertinent to know and discuss the historical eras and their importance in the development of criminal justice system in America.
5.1.0 The Colonial Era: 1607-1775
5.1.1 The Colonial Era of criminal justice is divided into the village period (1607-1699) and the town period (1700-1775). Both periods and the overall era are characterized by a strong reliance on informal social control as opposed to formal social control. Criminal justice practices during these periods were largely influenced by the need to establish and survive in the New World. The colonists remained under English law, however the large geographical distance between England and America prevented strict enforcement of colonial laws and in alternative, individuals and small groups came together to police, make and enforce laws in so far the laws are not repugnant to moral values and public policies. Town meeting, church meeting and families were instrumental and/or agents of social control during this time. Accordingly, church members acted in place of courts and issued various types of punishments, including banishment from the congregation and admonition of those engaging in unacceptable behavior. Subsequently, the colonists began creating and shaping their own body of laws and systems of justice. In this era, there were no innovative contributions to policing, courts, and corrections during this period, as law enforcement agents of this time (e.g., constables, sheriffs, and those staffing watches and wards) were poorly trained, understaffed, and generally ineffective in their duties. Constables and night watchmen, where they existed, were often untrained and either elected or drafted into their position.

5.2.0 The post-colonial period: 1776-1959
5.2.1 At this period, America witnessed The New Nation Era (1776-1828), The Jackson Era (1829-1855), The Civil War Era (1856-1878), The Gilded Age Era (1879-1899), The Progressive Era (1900-1919), The Crisis Era (1920-1939) and The World War II Era (1949-1959).
5.2.2 These eras surfaced following the revolution which was largely characterized by the need to organize and establish a legitimate society. Immediately after the colonial era, developing and implementing a legitimate government was primary among the societal concerns of this period. Such efforts included the establishment of a system of criminal justice. Establishing a bona fide, effective court system was among the initial concerns of those charged with establishing, or choosing to establish, a government and more generally a society. The response to the increase in crime was hampered by overriding concerns to address more pressing issues, such as establishing an agreed-upon structure of government. Eventually in this period, changes appeared with regard to policing, courts, and corrections. Such changes would involve designing a criminal justice system based on the English version, yet able to meet the wants and needs of citizens of the newly formed country.
5.2.3 After the American Revolution, the U.S. Constitution reigned supreme over all person's equal rights and freedoms. Innocent persons now received greater protections, physical punishment was eliminated in some jurisdictions, and the number of prisons grew exponentially. Next came the upheaval of the Civil War and Reconstruction as the north and south differed on equal rights and the treatment of prisoners, many of whom were freed slaves. America as a nation soon changed focus again as waves of immigrants arrived. Social problems escalated and the concept of rehabilitation was established. Theodore Roosevelt was a prominent reformer in the early 1900's, setting many progressive ideas into motion. Major law enforcement agencies (such as the FBI) were created, new sentencing laws were put into place, and the juvenile justice system was created. The system continued to evolve throughout the next phases of the history of United States.
5.3.0 The modern era: 1960 till date.
5.3.1 This period began with the Nationalization era. The era witness economic recession in America leading to 'a means survival' and increase in crime rate. Criminal justice historian Samuel Walker cited the period from 1960 to 1975 as "the most turbulent in all of American criminal justice history." The 1960s brought unfulfilled dreams of successful criminal justice reform. For instance, during this period police departments began utilizing technology in crime fighting to a much greater degree than in the past, and prisons and parole agencies moved toward individualized treatment. The turbulent 1960s generated a new response to crime beginning in the 1970s. Americans grew increasingly fearful of crime in the 1960s and 1970s, and by 1978, 85 percent of Americans believed the criminal justice system should become increasingly punitive. A more conservative, "get tough" approach would become the preferred approach to criminal justice. Further, the turbulent Nationalization Era encouraged a directed focus on the criminal justice system, which led to the massive expansion of the system beginning around 1980. The combination of getting tough on crime and expanding the criminal justice system had notable impacts on our modern system of criminal justice.
5.3.2 Two particular factors are representative of criminal justice developments during this period: First the government's expanded war on drugs, which largely contributed to rising crime rates, and secondly the disproportionate numbers of minority males entering the criminal justice system. Large scale prison expansion began in the 1980s, as warehousing inmates took precedence over rehabilitation, and incapacitation, deterrence, and retribution became the primary goals of criminal sentencing. Young minority males disproportionately filled the increasing number of prison beds. Following years of increasing crime rates, the crime rate steadily declined beginning in the early 1990s, and there was great hope and optimism that rates would return to pre-1960s levels.
5.3.3 Police departments during this period continued to expand and there was a related need for additional resources. Many departments changed their philosophical approach to policing from strict crime fighting to a community-oriented approach. Tougher laws were passed and enforced to address all forms of crime, including drug offenses. Courts continued to expand and became increasingly specialized. Drug courts and domestic violence courts, which hear cases that specifically pertain to drug cases and domestic violence matters were created in the effort to reduce the rate of crimes in America.
5.3.4 The attacks on September 11, 2001 posed a new challenge to the American criminal justice system. From a criminal justice perspective, the attacks signified the beginning of 'The Homeland Security Era.' Police departments were now charged with the additional burden of protecting citizens against terrorist attacks and ensuring homeland protection. The federal government responded in part through creating the Department of Homeland Security (DHS). The DHS, a cabinet-level department of the federal government, was created through incorporating various law enforcement groups throughout the federal agencies into one department. The goal was to provide greater cooperation and coordination among federal law enforcement.
5.3.5 The attacks had far more significant impacts on policing than on American courts and correctional institutions. Nevertheless, U.S. courts now face the increased challenge of prosecuting known terrorists and dealing with terrorism-prompted hate crime cases as they related to Arab-Americans and others. Correctional agencies, while not as largely by the courts, still confront the challenges associated with increasing prison populations and having to compete for resources that have been targeted toward homeland security.
5.3.6 The Homeland Security Era is a work in progress. Many issues have and will continue to impact the current and future state of criminal justice. Continuously incorporating technology into crime fighting and prevention, and confronting immigration issues are but a few of the challenges in store for the criminal justice system. This historical account of criminal justice in the U.S. helps contextualize criminal justice as an institution, an academic discipline, and an excellent source of employment opportunities. Observing how criminal justice emerged in the U.S. facilitates better understanding what is needed to better prepare tomorrow's criminal justice professionals for advancing criminal justice practices and identifying employment opportunities and trends.

6.00 HISTORY AND DEVELOPMENT OF CRIMINAL JUSTICE SYSYTEM IN THE NIGERIA
6.01 In pre-colonial Nigeria, there was in existence, some systems of customary criminal law which regulated the standard of behaviour of the people. They were generally unwritten. The Moslem community in the North had a highly developed system of Moslem law (Shariah Law) of crime with different schools. The Maliki School was the most dominant. Paganism was also practiced with its unique Paganism criminal law. The Lagos colony had the modern English common is law which was introduced by ordinance No. 3 of 1863. The various political evolutions which went on in the various protectorates and colonies also led to the development of criminal justice system and law in Nigeria. In 1904, Lord Lugard, the governor of the Northern protectorate introduced by proclamation a Criminal Code which incidentally was made applicable to the whole of Nigeria in 1916 after the famous amalgamation in 1914.
6.02 Following intense advocacy by the Northerners, the Penal Code Law, No. 18 of Northern Region was introduced in that Region. That exercise also restricted the Criminal Code of 1916 to apply only in the Southern part of Nigeria. The Penal Code was tailored against the background of the Cod of Sudan which itself had its origin from the Indian Penal Code of 1860. Elsewhere in Nigeria and particularly in some part of the South, there was also the application of customary criminal law. At the 1958 Constitutional Conference, it was decided that Customary Criminal Law be abolished in Nigeria and that decision was articulated in the 1959 Bill of Rights developed by Nigerians and submitted to the Colonial Government in London. The British Home Government approved the request and same was incorporated in section 22 (10) of the repealed 1963 Republican Constitution. That section of the constitution read "No person shall be convicted of a criminal offence unless that offence is defined and the penalty therefore is prescribed in a written law".
6.03 The foregoing was the basis for the court's decision in the case of Aoko V. Fagbemi. In that case, the court held that a woman cannot now be convicted for adultery (a morally reprehensible conduct) which has not been elevated to the level of a crime in the Criminal Code. At the moment, Nigeria operates a dual Code system because of the applicability of the Criminal Code and the Penal Code. Furthermore, for effective administration of Criminal Law in our courts, the law of criminal procedure was codified as Criminal Procedure code of 1960 for the North and the Criminal Procedure Act, cap 80, Laws of Federation.


6.1.0 Codification of the Criminal law
6.1.1 In the last few decades of the 19th Century, an attempt was made to codify the Common Law. That draft Code by Sir James Fitstephen in 1878, was modified and adapted as the Criminal Code for Queensland, Australia in 1899 and the protectorate of Northern Nigeria in 1904. Following the amalgamation of the Colony and protectorate of Southern Nigeria and the protectorate of Northern Nigeria in 1914, the Criminal Code was made applicable to the whole of Nigeria. In 1959, the Northern Region of Nigeria repealed the Criminal Code and adapted the Penal Code, which was modeled after the Maliki law and the Penal Code of the Sudan and India. Thus at Independence, the Penal Code applied in the Northern Nigeria while the Criminal code applied in the Western and the Eastern Nigeria. Today, the Penal Code applies in the 19 Northern States while the Criminal code applies in the rest of 17 Southern States of the federation.
6.2.0 Source Of The Criminal Law In Nigeria
6.2.1The sources of the Criminal Law in Nigeria are the statutes. The statute includes the following:
Acts of the National Assembly
A law of the State House of Assembly
A decree of the Federal Military government.
An edict of the state military governor
The Nigerian legal system has substantial body of detailed legislations which comprise the primary sources of Nigerian Criminal Law.

7.00 POLICE AS AN AGENT/COMPONENT OF CRIMINAL JUSTICE SYSTEM
7.01 The first contact a defendant has with the criminal justice system is usually with the police (or law enforcement) who investigate the suspected wrongdoing and make an arrest, but if the suspect is dangerous to the whole nation, a national level law enforcement agency is called in. However, it is important to distinguish between the ideas of 'police' and 'policing'. 'Police' refer to a particular kind of social institution, while 'policing' implies a set of processes with specific social functions. The word police comes from the Latin word Politia, which means "civil administration". The word 'politia' goes back to the Greek word polis, or "city". Etymologically, therefore, the police can be seen as those involved in the administration of a city. Politia became the French word police. The English took it over and at first continued to use it to mean civil administration. The specific application of police to the administration of public order emerged in France in the early 18th century. The first body of public order officers to be named police in England was the marine police, a force established in 1798 to protect merchandise in the port of London. It is worthy of note that the reference to the police as a "civil authority" is very important. The police represent the civil power of government as opposed to the military power.

7.02 This paper will discuss early forms of policing in England, United States and Nigeria emphasizing the dramatic, unprecedented changes in police organization and operations. More emphases and discuss shall be on the Nigerian Police Force.

8.00 POLICE AND POLICING SYSTEM IN ENGLAND
Origin
8.01 In the 18th century law enforcement and policing was left entirely to local initiative based on watchmen and constables; there was no nationally organised police force. England established a paid city police force following an Act of Parliament in 1800. Early 19th century London, with a population of nearly a million and a half people, was policed by 450 constables and 4,500 night watchmen. The concept of professional policing was taken up by Sir Robert Peel when he became Home Secretary in 1822. Peel's Metropolitan Police Act 1829 established a full-time, professional and centrally-organised police force for the greater London area known as the Metropolitan Police. Legislation in the 1830s introduced policing in royal boroughs and many counties and, in the 1850s, policing was established nationally.

8.02 The Peelian Principles describe the philosophy that Sir Robert Peel developed to define an ethical police force. The principles traditionally ascribed to Peel state that:
Every police officer should be issued an identification number to assure accountability for his actions.
Whether the police are effective is not measured on the number of arrests, but on the lack of crime.
Above all else, an effective authority figure knows trust and accountability are paramount. Hence, Peel's most often quoted principle that "The police are the public and the public are the police."
8.03 In the modern British models of policing, police officers are regarded as citizens in uniform. They exercise their powers to police their fellow citizens with the implicit consent of those fellow citizens. "Policing by consent" is the phrase used to describe this. It expresses that the legitimacy of policing in the eyes of the public is based upon a general consensus of support that follows from transparency about their powers, their integrity in exercising those powers and their accountability for doing so.
8.1.0 Principles of modern Policing in England
The following are the principles of the modern policing in England which have statutory backing.
The purpose of the police force is to prevent crime and maintain order.
Police depend on the approval and trust of the public in order to effectively do their jobs.
The ultimate goal of policing is to achieve voluntary compliance with the law in the community.
Police must be unwavering in their duties and adherence to the law, maintaining impartiality and avoiding the temptation to be swayed by public opinion.
The use of force and physical control is to be used as a last resort, only when other forms of persuasion have failed.
Police officers must remember that they, too, are members of the public and that their purpose is to serve and protect the public.
The true measure of the effectiveness of any police force is not the number of arrests or police actions taken, but the absence of criminal conduct and violations of the law.
8.2.0 English Police staff
8.2.1 Police forces employ civilian staffs who perform many functions to assist officers and support the smooth running of their police force. They do not hold the office of constable. In England & Wales, the chief police officer of a territorial police force may designate any person who is employed by the police authority maintaining that force, and is under the direction and control of that chief police officer, as one or more of the following:
Police Community Support Officer
Investigating Officer,
detention officer, or
Escort Officer.
8.2.2 They have a range of powers given by the Police Reform Act 2002, and their chief police officer decides which of these powers they may use. Unlike a police constable, a PCSO only has powers when on duty and in uniform, and within the area policed by their respective force.
8.3.0 Organisation of English police force
8.3.1 As all police forces are autonomous organisations, there is much variation in organisation and nomenclature, however outlined below are the main strands of policing that makes up police forces:
All police forces have teams of officers who are responsible for general beat duties and response to emergency and non-emergency calls from the public. These officers are generally the most visible and will invariably be the first interface a member of the public has with police. In general terms these officers will normally patrol by vehicle (though also on foot or bicycle in urban areas). They will generally patrol a sub-division or whole division of a police force area or in the case of the Metropolitan Police Service, a borough. Nearly all police officers begin their careers in this area of policing, with some moving on to more specialist roles. The Metropolitan Police Service calls this area of policing 'Response Teams', whilst other forces use terms such as 'patrol', 'section' and other variations.
Most local areas or wards in the country have at least one police officer who is involved in trying to build links with the local community and resolve long term problems. In London, the Metropolitan Police Service addresses this area of policing with Safer Neighbourhood Teams. This entails each political ward in London having a Police Sergeant, two police constables and a few PCSOs who are ring fenced to address problems and build community links in their respective wards. Other police forces have similar systems but can be named 'Area officers', 'Neighbourhood officers', 'Beat Constables' and a number of other variations.
Criminal Investigation Departments (CID) can be found in all police forces. Generally these officers deal with investigations of a more complex, serious nature, however this again can differ from force to force. Most officers within this area are detectives. Depending on the force in question this area of policing can be further divided into a myriad of other specialist areas such as fraud. Smaller forces tend to have detectives who deal with a wide range of varied investigations whereas detectives in larger forces can have a very specialist remit.
All police forces have specialist departments that deal with certain aspects of policing. Larger forces such as Greater Manchester Police, Strathclyde Police and West Midlands Police have many and varied departments and units such as traffic, firearms, marine, horse, tactical support all named differently depending on the force. Smaller forces such Dyfed Powys Police and Warwickshire Police will have fewer specialists and will rely on cross training, such as firearms officers also being traffic trained officers. The Metropolitan Police, the largest force in the country, has a large number of specialist departments, some of which are unique to the Metropolitan Police due to policing the capital and its national responsibilities. For example, the Diplomatic Protection Group and Counter Terrorism Command.
8.3.2 In England, the vast majority of attested police enjoy full powers of arrest and search as granted by the Police and Criminal Evidence Act 1984. All police officers are "constables" in law, irrespective of rank. Although police officers have wide ranging powers, they are still subject to the same laws as members of the public. However there are certain additional legal restrictions on police officers such as the illegality of taking industrial action and the ban on taking part in active politics. Recruits joining the police force as a constable must take an oath of allegiance to the Queen, this is done in the presence of a magistrate who will then award the recruit with the authority of a constable. This ceremony is called an attestation and is usually followed by the issue of a warrant card, allowing the officer to execute their powers and duties.
8.4.0 Structure and components of English police
There are four general components of the English police which are:
Territorial police forces carry out the majority of policing. These are police forces that cover a "police area" (a particular region) and have an independent Police Authority or local authority. The English Police Act 1996, prescribe a number of issues such as appointment of a Chief Constable, jurisdiction and responsibilities. Since the introduction of Police and Crime Commissioners in November 2012, the police forces in England and Wales no longer have a Police Authority and this work is done by the Police and Crime Commissioners who are elected every four years.
Special police forces, which are national police forces that have a specific, non-regional jurisdiction, such as the British Transport Police. The Serious Organised Crime and Police Act 2005 refers to these as "special police forces".
Non-police law enforcement agencies whose officers, while not police constables, enforce laws.
Miscellaneous police forces, mostly having their foundations in older legislation or Common Law. These have a responsibility to police specific local areas or activities, such as ports and parks and before the passing of recent legislation such as the Serious Organised Crime and Police Act 2005 were often referred to as "special police forces." These constabularies are not within the scope of the legislation applicable to the previously mentioned organisations but can still be the subject of statutes applicable to e.g. docks, harbours or railways. Until the passing of Railways and Transport Safety Act 2003, the British Transport Police was such a force.
8.4.1The first mostly concerned with policing the general public and their activities and the rest concerned with policing of other matters, usually localised, matters
8.5.0 Powers of the English Police Force
8.5.1 The powers of the police in England are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. Some police powers are also available in more limited extent to Police Community Support Officers and Traffic Wardens (not to be confused with parking attendants) as such persons are also members of a police force. There are several general powers polices exercised by the English police, this powers including:-
The power to arrest and interrogate a suspect.
The power to detain people in connection with an offence.
The limited power to stop and search people/vehicles in connection with offences (actual or suspected).
The power to arrest people with or without warrant for minor offences
The power to direct the behaviour of persons and vehicles on highways and in other public places.
The power to prosecute an offender.
The power to confiscate illegal properties, drugs and properties/substances injurious to the public.
The Power to grant bail.
8.5.2 Mainly with respect to people behaving peaceably in public, the powers have various limits and generally require a clear reason for their exercise which must often be made known to a person threatened with arrest (as in the case of some Public Order Act offences where the offence involves disobeying an instruction from a police to desist from behaving in a particular manner) or who has been arrested (a person is generally required to be informed of what wrong has led to the arrest).
8.5.3 Powers to stop and search can be extended on a limited (by place and duration) basis by legislation such as s.60 of the Criminal Justice and Public Order Act 1994 or ss.44-47 of the Terrorism Act 2000. Once a person has been arrested his/her vehicle or residence can be searched without the need for a warrant to be obtained for the purpose of obtaining evidence connected to the offence causing the arrest. When the police force is convinced that a prima facie case has been made again a suspect after investigation, the police have the power to charge and prosecute the suspect in court.
9.00 POLICE AND POLICING SYSTEM IN THE UNITED STATES
Origin
9.00 Policing in the United State is barely two centuries old and became formalized with the rise of urbanization and industrialization in the Western world. Predecessors in England relied upon citizen groups that policed themselves. Later, system of elected constables and sheriffs was created to enforce laws. In the U.S., Boston began its police department in 1838 and in 1845, New York City created a police force. Other municipalities quickly followed. The local police in the U.S. were heavily influenced by politics and the political machine. Police positions were often obtained by appointment by political bosses. Federal involvement in policing began with the U.S.Marshals Service (1789), followed by the Coast Guard in 1790. Other federal agencies with police functions include: the Immigration and Naturalization Service, Federal Bureau of Prisons, Federal Bureau of Investigation, U.S. Customs Service, Drug Enforcement Administration, U.S. Secret Service, U.S Postal Inspection Service, Internal Revenue Service, and the Bureau of Alcohol, Tobacco and Firearms.
9.01 In response to the terrorist attacks against the U. S. in September 11, 2001 the Department of Homeland Security was created to coordinate the work of intelligence and security agencies. A large area of growth in recent years has been in private policing, which now is larger in personnel and budgets than public policing. In 1835, the Texas Rangers became the first state police organization. The primary function of state police is to patrol the highways, provide law enforcement in rural areas, and assist local police in investigations. Special service police also provide law enforcement services such as campus police, conservation officers, school districts, transportation systems, airport and public housing security.

9.1.0 Structure
9.1.1 There are approximately 17,000 public law enforcement agencies in the United States, employing about 750,000 officers. Most enforcement of law and order in this country is a state and local rather than a federal responsibility. The vast majority of police work occurs in organizations of fewer than 30 officers. Department size varies from small towns to over 38,000 officers in the New York City Police Department. Police agencies include local police departments, sheriff 's departments, and state police, as well as 50 federal law enforcement agencies.
9.1.2 This diversity of police and law enforcement agencies is in contrast to most other countries, which have much greater centralized (federal) control of policing. While most are run by municipalities, they may also include county sheriff's departments as well as specialized police departments such as port, airport, or campus police. State laws are enforced by local police as well as local ordinances. Sheriff departments operate on a county level and often serve as the police department in jurisdictions that lack police forces. They more commonly operate county jails, serve court papers, and maintain order in the courtroom. The state police enforce state laws exclusively. While all state police are involved in highway traffic enforcement, about half are also involved in investigative work. In U. S., the two biggest agencies with police functions are: Homeland Security and the Department of Justice. Homeland Security includes: Bureau of Customs and Border Protection (includes Border Patrol), Immigration and Customs Enforcement, Federal Protective Service, Transportation and Security Administration, and the U.S. Secret Service. The Department of Justice includes: Alcohol, Tobacco, Firearms and Explosives, the Bureau of Prisons, Drug Enforcement Administration, Federal Bureau of Investigation, and the U. S.Marshals Service.

9.2.0 Powers and Functions
9.2.1 James Q.Wilson has identified three styles of policing or approaches to management. These are: the watchman style, the legalistic style, and the service style.
9.2.2 The watchman style emphasizes the maintenance of order and is a more preventive approach to policing. In maintaining public order, the police use discretion in preventing disorder from occurring. The police may disperse noisy youth on a corner, negotiate family and neighborhood disputes, and detain and question suspicious persons. Minor law infractions may be ignored and disputes settled informally. Police presence and ability to handle situations maintains public peace and order. Watchman-style departments are characteristic of large, older cities with large populations of poor and minorities. Chicago under Mayor Richard Daley, Sr., served as an example.
9.2.3 The legalistic style focuses on violations of the law. This is largely a reactive approach to policing. Crime fighting is the hallmark of the police style of policing. The police have the power to arrest and detain suspects, issue traffic citations, and collect and search for evidence of crime. It is in this function that the police exercise the greatest discretion. The police cannot possibly enforce every law to the letter. Their decision to arrest may be influenced by a host of factors, including the seriousness of the offense, whether the officer knows the offender, race or ethnicity of the offender, victim preference to have the offender arrested, social class of the offender, and the demeanor (politeness) of the offender. Legalistic-style policing is more characteristic of newer and more affluent communities. The emphasis is on professional policing.
9.2.4 The service style of policing emphasizes police as problem-solvers. Such community policing stresses addressing social problems and neighborhood concerns. Service functions occupy the most police time. Such activities may include: providing directions to motorists, finding lost children, referring people to social agencies, or transporting people to hospitals. This may be true of policing in small rural and suburban communities. The low rates of crime in such communities give the police the luxury of time to pursue local concerns. Service-style policing is particularly characteristic of affluent suburban departments. The police are proactive in soliciting citizen involvement and use referrals to other agencies. Good community relations are paramount.
9.3.0 Problems
9.3.1 There is seemingly no limit to the list of problems facing law enforcement in the U.S. The problem of police corruption is a world phenomenon that calls for a serious attention. Incidents of police abuse of power and even brutality have blemished the honest efforts of police to perform a professional and fair enforcement of their duties. The practice of racial profiling has at times created a self-fulfilling prophecy in which the concentration of investigation on profiled groups results in its members being more likely to be arrested. A continuing problem has been the recruitment of minorities and women into the ranks of police. While much progress has been made in some departments, continuing efforts must be pursued in order to assure a more representative force. As families, communities, and neighborhoods weaken as means of social control, we have become more dependent on the police to perform the near-impossible task of keeping the pieces together.
9.4.0 Programs
9.4.1 A quiet revolution in policing is taking place in the twenty-first century. This has included a plethora of programs, some more effective than others. Community policing has been highly praised as a successful shift in the basic concept of policing. This has included programs in foot patrol and bicycle patrol. Other programs have included closed-circuit television surveillance of public areas, dogs department, sting operations, and repeat-offender programs. The increased use of crime analysis units, geographic information systems for crime mapping, and the targeting of crime "hot spots" have been useful. Better use of computers and technology has moved the police into the high-tech world of the twenty-first century. Problem-oriented policing has concentrated on specific crime problems. The Kansas City gun control experiment, for instance, concentrated on confiscating illegally possessed weapons and reduced gun-related crime by 50 percent. The movement toward consolidated and metropolitan police departments promises greater efficiency in policing. The recognition by departments of interdepartmental transfers would greatly aid in police professionalization, as would better liaison of the police with other elements of the criminal justice system.


10.0 POLICE AND POLICING SYSTEM IN NIGERIA
Origin
10.01 Policing in Nigeria can be traced back to the pre-colonial era when the different groups in the Nigeria communities were saddled with the responsibilities of the modern police. The pre-colonial societies share a number of features in their social organization regardless of whether they are politically centralized or decentralized although they share certain common attitudes and values in their social relations regardless of societal type. The societies share certain core beliefs and cosmological practices. It is the observable unities within diversities, vast linguistic and ethnic pluralism that have been articulated into an African culture, African religion, African philosophy, African socialism, African personality, etc.
1.02 The pre-colonial societies also relied on a number of other secular and supernatural agencies that monitor social behaviour and impose sanctions against deviation. The indigenous leaders and traditional rules were seen as the commander of early police force. The extended family, lineage, Age groups, women societies, ancestral cults, spirit cults, divinations and ordeals, palace slaves etc. were very instrumental to early community policing in the pre-colonial era.
10.1.0 Colonial era
10.1.1 The Nigeria Police as we know today is a product of colonial administration. It was born out of consular guard of 30 members formed in 1861 in Lagos colony, which later transformed into the Hausa constabulary in 1879. It was in 1896 that the Lagos police was established, while earlier in 1894 the Niger Coast constabulary was formed in Calabar. North of the Niger, the Royal Niger Company set up a constabulary in 1888 in Lokoja. After the formation of the protectorates in the North and South, both the Royal Niger company constabulary and Niger coast constabulary merged into the Northern and Southern Nigeria police respectively. In 1907, police reorganization scheme enabled the colonial government to consolidate its administration over the provinces by relying on the traditional rulers for maintenance of security. It was in 1930 that both the Northern and Southern police were merged to form the Nigeria police force with Lagos as the headquarters, while the Nigeria police Act was enacted in 1943 by the British colonial government.
10.1.2 Before the amalgamation of the police forces of the Northern and Southern protectorates, the Northern emirate local police called dogarai and the Ilari, emeses and agunren in the Yoruba kingdom had undergone transformation. The colonial administration first allowed the creation of a Native Authority (NA) police in the North and the local authority police in the west, most likely as a product of the developing influence of the indirect rule. In the re-organization of dogarai in Kano led to the creation of a separate police organization called Yangadi or Kano city police force but the situation still allowed the dogarai to continue with the police function. Later after the adoption of the system in Kaduna, Yangadi were labelled Yan doka. In Kano, the wakilin doka was the liaison officer between NA police and the Emirate council.
10.1.3 In general, the establishment of the Nigerian police force in northern Nigeria was more intimately connected with the policy of indirect rule. Native Authority has had the primary responsibility of maintaining law and order and to carry out this function, the native authority ordinance of No. 14, of 1916 was enacted to provide for the employment by the native authorities of "any person" to serve as a police. In Western Nigeria the first Local Government Authority Police Force, initially known as the "Egba Police" was created in Abeokuta in 1905, due to the serious menace of robbers. Since the problem of robbers was mostly at night, a force consisting of members of the Ode (the hunters' society) was engaged to serve as night guards with the power to arrest or shoot the robbers. The idea was to create a force "to maintain the peace, guarantee security of life and property of the citizens at all times, and apprehend those who violated government directives. The Ode subsequently transformed into the akoda force. In another development a regular force modeled on the lines of the Egba police known as Iranse force was raised by the Ibadan council in 1906 with the authority to maintain law and order in addition to other policing functions. Therefore, before the amalgamation of the northern and southern protectorates of Nigeria, the Ibadan council had two kinds of police forces the akoda and iranse; these were subsequently referred to as olopa a police nickname that is still popular today in the Yoruba community.
10.1.4 In the attempt to establish a police force in colonial territories, the British had two options either to extend the existing British fostered police forces over the territory, or to develop the local African way for maintaining Law and Order in each locality. While the British colonial government adopted the first option in eastern Nigeria due to the Igbo decentralized traditional community system, it chose the second for the northern and western Nigeria, because both of them had centralized local administration with formalized system of traditional policing.
10.1.5 From the discussion above we can therefore capture the essence of the British imperialist effort to establish police forces in Nigeria mainly for easy colonial administration and in serving the colonial government interests. According to Dambazau (1999) the police served as agency of "socialization" through which "colonized people could be brought close to civilization." In terms of 'the acceptance of the colonizers' norms of order. From the beginning, the norms of behaviour were purely colonial and alien to the African way of life and in total disregard to the traditional requirements. This fact was reflected in colonial police training programmes which the members were expected to use in making the members of their communities subservient.
10.2.0 Post-Colonial Era
10.2.1 Nigeria gained independence in 1960. After the country attained independence, the indigenous political rulers did not restructure the exploitative economic system and the repressive political relations that they inherited from the colonialists. As a result, the indigenous political rulers merely replaced the colonial oppressors and exploiters, without any fundamental positive changes in the life-chances and existential conditions of the citizens, and in the operations of governmental institutions, including the police and other organs of criminal justice and security administration. Post-colonial Nigerian nation has witnessed tremendous growth of institutions and infrastructure. However, it has also witnessed pervasive political conflicts and instability, growing inequalities of wealth due largely to official corruption, widespread poverty, protracted military rule, and serious violent and economic crimes. These and other socio-political and economic problems precipitated protests and demonstrations against government policies by various groups. Sometimes, the protests turn violent because the organizers were unable to sustain non-violent demonstration or due to repressive intervention by the police. The relationships between the students, labour unions and other groups of activists were often strained because of encounters during protests and demonstrations.
10.2.2 Until 1966, the local police forces in Northern and Western Nigeria coexisted with the federal police force – Nigeria Police Force. The local forces were disbanded as recommended by a panel set up in 1966 by the military regime of JTU Aguiyi Ironsi. The Committee or Working Party (also referred to as Gobir Panel, so named after its chairman) was requested to consider the desirability of dual (local and National) or centralized (unified) police and prisons service. The Committee submitted its report to the military regime led by General Gowon (that succeeded Ironsi regime overthrown in July 1966) and recommended the abolition of local police forces and prison services. According to the Committee, the local police forces were poorly trained, corrupt and used for partisan political purposes, including the repression of opponents, by traditional rulers and politicians in Northern Nigeria as well as by political parties and governments in power in the Northern and Western Regions.
10.2.3 The experience of the Nigeria Police Force under the military rule may be characterized as sweet from 1966 1979 and bitter from 1983-1999. The military rule under General Gowon (1967-1975) may indeed be viewed as the sweetest period of police-military collaboration in governance. During the first period (1966-1979), the police were co-opted into governance by the military as state governors and members of the national ruing council. More importantly, the police were respected as partners by the military rulers. However, during the second period (1983-1999), the police lost its high profile and prominence in government, although it continued to be incorporated as junior partner as state governors. However, the Force as an organization was neglected in terms of funding and equipping. This was attributed to the fear of the military that a strong police force may constitute a threat to the Armed Forces, especially by acting as a counterforce during military coups.
10.2.4 Instead of equipping the police to serve as the primary tool for promoting and protecting internal security, the military governments resorted to establishing special task forces with army and police personnel. Each unit of such was led by a soldier, often junior in rank to the police on the task force. This demonstrated the subordinate role assigned to the police. In the 1990s, recruitment and promotion in the police force were largely suspended by the military government. This resulted in shortage of personnel. It also led to non-replacement of many retired specialized officers. This led to shortage of some critical personnel and ineffectiveness of the force in some aspects of its functions. One of the negative impacts of military rule on the development of the Nigeria Police Force was the abolition of the Police Service Commission almost throughout the duration of military rule. The Police Service Commission is responsible for the appointment, promotion and discipline of members of the Nigeria Police Force, other than the Inspector-General of Police. Its long absence, therefore, affected effective human resources management in the Nigeria Police Force during the period, the impact of which is still felt eleven years after military rule.

10.3.0 Police in Contemporary Nigeria:
10.3.1 The military transferred power to an elected government in may 1999. A new constitution also came into effect on the May 31st 1999. The new constitution contains provisions on the Nigeria Police Force, the Police Council and the Police Service Commission. Section 214(1) of the 1999 Constitution (as amended) provided that: "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." Aside the police who are stationed in difference police stations, there is also the mobile police department of the Nigeria Police Force. Although all the powers and functions of the Mobile police are similar to that of the main police force, however, the mobile police lack some essential powers exercised by the main police force for example power of the police to prosecute in magistrate courts and other inferior courts of record.

11.00 STATUTORY FUNCTIONS OF NIGERIA POLICE
11.01 At inception, the Nigeria police was saddled with various police duties and extra-police functions. Section 4 of the Police Act now regulates the functions of the Nigerian Police Force. The functions of the Nigeria Police Force as provided for in Section 4 of the Police Act (Laws of the Federation 1990) are:
1. Prevention and detection of crime.
2. Apprehension of offenders.
3. Preservation of law and order.
4. Protection of life and property.
5. Enforcement of all laws and regulations with which they are charged.
6. Military duties within or without Nigeria as may be required of them.
11.02 Although the Constitution granted the Attorneys-General the power of prosecution, most of the criminal cases in the country handled by the lower courts, especially the magistrate courts, are prosecuted by the police. Several laws in the country, especially the Police Act; Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC) granted the police wide powers to prosecute offenders in the inferior courts.
11.03 In order to discharge their numerous functions, police in Nigeria are accorded wide powers by law. For example, Nigeria police have powers:
To take measures to prevent crime
To investigate crime
To prosecute suspects
To search properties and persons in order to prevent crimes, detect or investigate crimes, apprehend offenders, and collect evidence for prosecution.
To grant bail to suspects pending investigation or arraignment in court
To serve summons.
To regulate processions and assemblies
To prosecute in inferior court.

12.00 CONSTITUTIONAL RIGHTS OF AN ACCUSED PERSON THAT MUST BE SAFEGUARDED BY THE POLICE
12.01 In Nigeria, there are many laws which seek to protect the rights of persons in conflict with the law. These laws include the Constitution of the Federal Republic of Nigeria 1999, applicable all through Nigeria as a ground norm and from which the other laws derive their validities, the Criminal Procedure Act (CPA), the Criminal Procedure Code (CPC), applicable for criminal offences in Southern Nigeria, the Penal Code applicable for criminal offences in Northern Nigeria, as well the Administration of Criminal Justice laws of the different Federating States of Nigeria.
12.02 The bedrock of the right of an accused is to the fact that an accused is 'presumed innocent until proven otherwise' before a competent court of law. These rights include:
Right to be informed of his offence
Section 35 (3) of the 1999 constitution of Nigeria (as amended) provides for the right of an accused person to be informed of his ground of arrest. The section provides as follows "Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention. It is also a rule of practice that an accused person be informed of his ground of arrest.
Right to silence and Right to counsel:
Chapter 4 of the Constitution of the Federal Republic of Nigeria called the Fundamental Human Rights Provisions of the constitution makes provision for fair trial of any person accused of commission of crimes. Constitution of the Federal Republic of Nigeria makes it clear that an accused person arrested on allegations of commission of crimes has the right to remain silent until consultation with his lawyer as well as the right to consult a counsel of his choice. However where reasonable time is given to a criminal defendant to engage the services of a lawyer for his defense and he is not able to do so, in very many cases, the court calls upon the defendant to defend himself, this is usually the case in minor criminal offences.
Right to life
This is the supreme right of an accused person in or outside police custody. An accused person has an equal right of life with a free citizen or the police. The 1999 constitution (as amended) provides thus. "Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria."
Right to bail
Constitutionally bail is as of right where the offence committed is a bailable one. The Constitution provides for the liberty of a person irrespective of his present status as an accused person or not. The law empowers a police officer to arrest and in some case detain the suspect if he has reasonable grounds to do so. In Nigeria the constitution thereof says a person arrested on allegation of commission of a criminal offence is presumed innocent until the contrary is proved. The law enjoins the police to release a criminal suspect on bail pending arraignment and trial in court especially in minor offences. Where the Police fail to release a person on bail, the person is immediately charged to court and the court on application by the suspects counsel grants the accused bail. There are however cases were a suspected is refused bail either because the crime the person is accused is a grievous one. For example in Nigeria, persons facing criminal charges relating to murder, treason or armed robbery are rarely granted bail. Most of them are by order of court remanded in prison custody to await trial, which often last for years.
Freedom from prolonged pre-trial detention
The Constitution of the Federal Republic of Nigeria guarantees speedy trial for a criminal suspect, which is supposed to obviate the need for prolonged pre-trial detention of criminal suspects. The Constitution provides a guideline that a person who has committed a grievous criminal offence shall after three months of detention be released unconditionally or upon such reasonable conditions as may be necessary to secure his attendance at his trial. However in reality this Constitutional provision is not adhered to. It is not uncommon to see criminal suspects remain in prolonged pre-trial detention for upward of 15 years without trial. In fact, the Criminal Procedure Code in force in the Northern States of Nigeria provides that persons who may be released on bail only at the discretion of the police must convince the police officer that bail is not a risk to the case.
However, the Nigerian Constitution and other legal sources provide guidelines on the exercise of the discretionary power of police officers, they have to assume their responsibilities in a reasonable manner, taking into account the individual rights and freedoms. In practical this discretionary power has become a weapon in the hands of police officers against people suspected. However, under the law, the police can't keep a suspect in detention for more than 24 hour.

Freedom from punishment and inhuman treatment
In Nigeria, the problem of detention of people for a period longer than prescribed by law is very common. While Nigeria is a state party to the African Charter on Human Rights, which guarantees the right to life for every citizen as well as freedom from torture and arbitrary deprivation of one's life and while the African Charter ratified by Nigeria in 1983 has been incorporated into the laws of Nigeria having the same force as the domestic laws and while the Constitution of the Federal Republic also guarantees the dignity of every human being, which in essence forbids the subjection of a citizen to torture or inhuman and degrading treatment. In practice, however, the police and the military have continued to torture and subject suspects and prisoners to untold dehumanizing practices.
13.00 ORGANISATION OF THE NIGERIA POLICE FORCE
13.01 Operationally, the Force is structured as 36 State Commands and FCT Command, each under the command of a Commissioner of Police. The State Commands are further organised as Area Commands; Divisional Commands, Police Stations and Police Posts. The police station and police posts are the primary operational units of policing. As at early 2007, the Force had a personnel strength of 320,000 in "5000 village posts; 5515 Police Stations; 1,115 Police Divisions; 123 Area Commands; 37 State Commands (including the FCT); 12 Zonal Commands and a Force Headquarters which is the overall administrative and operational head of the Force." The hierarchy of the Force therefore runs from the patrol team to the Force Headquarters.
13.1.0 The Nigeria Police Council
13.1.1 The 1999 Constitution established the Nigeria Police Council, as was the case in the 1963 Constitution but omitted in the 1979 Constitution. The Third Schedule of the 1999 Constitution created the Nigeria Police Council and the Police Service Commission. The Police Council consists of:
(a) the President who shall be the Chairman;
(b) the Governor of each State of the Federation;
(c) the Chairman of the Police Service Commission; and
(d) the Inspector-General of Police.

13.1.2 The Constitution defined the functions of the Police Council as:
a. the organisation and administration of the Nigeria Police Force and all other matters relating thereto (not being matters relating to the use and operational control of the Force or the appointment, disciplinary control and dismissal of members of the force);
b. the general supervision of the Nigeria Police Force; and
c. advising the President on the appointment of the Inspector-General of Police.
13.1.3 Section 216 (2) requires the President to consult the Nigeria Police Council before making appointment to the office of the Inspector-General of Police and before removing him or her. The state governors constitute an overwhelming majority of the membership of the highest organ of control of the Nigeria Police Force. Constitutionally, the Council is the highest organ of the state responsible for the policy on organization and administration of police in the country. However, the Council has been lacking in the discharge of the critical responsibility assigned to it in the Constitution. Effective secretariat, framework for policy formulation and implementation monitoring as well as regular meetings are lacking.

13.2.0 Police Service Commission
13.2.1 The Nigerian constitution established the Police Service Commission with wide powers. Under the 1999 Constitution of the Federal Republic of Nigeria, the membership of the Commission consists of:
(a) Chairman; and
(b) such number of other persons, not less than seven but not more than nine, as may be prescribed by an Act of the National Assembly.
The Constitution stipulated that the Commission shall have the power to-
(a) appoint persons to offices (other than the office of the Inspector-General of Police) in the Nigeria Police Force; and
(b) dismiss and exercise disciplinary control over persons holding any office.

13.2.2 The Police Service Commission (Establishment) Act, No. 15 of 2001, in Section 6 charged the Commission with the responsibility of:
appointing and promoting all officials of the NPF (other than the Inspector-General of Police)
dismissing and exercising disciplinary control over the same persons;
formulating policies and guidelines for the appointment, promotion, discipline and dismissal of officers of the NPF;
identifying factors inhibiting and undermining discipline in the NPF;
formulating and implementing policies aimed at efficiency and discipline within the NPF;
performing such other functions as, in the opinion of the Commission are required to ensure optimal efficiency in the NPF; and
Carrying out such other functions as the President may from time to time direct.
13.2.3 The membership of the Commission includes representatives of the human rights community, organized private sector, women and the media as well as a retired justice of superior court of record. Due to poor funding, the Commission, to varying degrees, still lacks the requisite human, knowledge and material capabilities for effective discharge of its responsibilities. Occasional but critical and sometimes perverse interference in the decisions of the Commission, if not discontinued, may erode the confidence of the public and the police.

14.00 CONTEXT OF POLICING IN CONTEMPORARY NIGERIA
14.01 The goals, performance, problems and challenges of policing are determined by the social, economic and political structures of society. For example, the police are subject to the dictates and interests of those who control the political and economic resources of society. The ability of the police to respond to popular demands of citizens as opposed to their subservience to the interests of political and economic power-holders is determined by the extent to which political and economic resources are equitably distributed and the citizens afforded opportunity for participation in the determination and implementation of public policies.
14.02 In Nigeria, the police have not been able to respond to the challenges of policing because of the following structural constraints:
Poor economic performance
Widespread corruption and contingent disastrous consequences on economic and political development and human security generally
Economic insecurity and instability, diminishing opportunities for gainful employment, and declining standard of living, since the early 1980s
Inadequate and deterioration of energy and transportation infrastructure, which are useful for crime prevention and control by the police and public
Culture of impunity for all manners of serious political violence (political assassination, violations electoral violence, ethnic and religious violence, oil bunkering, illicit trafficking in arms for electoral violence extrajudicial killings); economic crimes (corruption, fraud and money laundering), and human rights violations, due to the political and economic influence of the perpetrators
Weak capability of security and law enforcement agencies in combating common crimes (kidnapping, robbery, burglary, theft, sexual violence, etc)
Deterioration of the social problem situations of social injustices, crime, oppression, feeling of insecurity, widening inequalities, and inequities
Deterioration in educational infrastructure and standard of education thereby making constructive engagement of the teachers and students in the pursuit of academic excellence very difficult, as a result, lack of critical problem solving engagements of teachers at all levels
Proliferation of ethnic and religious militias, and
Proliferation of small arms and light weapons that are deployed for executing violent ethnic and religiousviolence, violent communal conflicts, robbery, kidnapping, electoral violence, etc.
14.03 These and other related problems are deep-rooted political and socio-economic crises, which in part manifested as criminal activities but are beyond police capabilities to resolve. In the circumstances, the demands on the police to effectively guarantee public order and security cannot be met until the crises are resolved at the political and economic levels.
15.00 INSTITUTIONAL CONSTRAINTS OF THE NIGERIAN POLICE
15.01 Policing in Nigeria is also beset by several institutional problems that undermine the effectiveness and legitimacy of the Nigeria Police Force. They include:
Police Organization and Management - Organization and management of police forces in terms of vertical and horizontal decentralization and coordination of authority have implications for police behaviours, performance and image. The nature of rules of policing established by a police force, adherence to these rules, rewards or punishment for compliance or non-compliance influence police discipline, integrity, effectiveness, performance and legitimacy, including public estimation and support. The Nigeria Police Force needs to do a lot more in developing its organizational and managerial capacity to meet demands and challenges of policing in the country.
Police Personnel Management - The rules and provisions for recruitment, training, deployment, remuneration, promotion, discipline, and pension and retirement affect police discipline, performance and image. In Nigeria, these aspects are not given adequate and continuous attention. Supervision and coordination are generally lacking. Corruption, partisan and parochial considerations have contaminated the process and decisions relating to recruitment, deployment and promotion in the Nigeria Police Force, thereby dampening motivation and commitment to excellence, sacrifice and integrity in police-work. But a particularly healthy development that indicates an emerging new Nigeria police is the increasing number of highly qualified people in the police force and who are gradually being given leadership position. If properly nurtured, this may in fact be an important factor in the development of a new Nigeria police that is in harmony with the community it serves. But the anti-intellectualism and anti-rationality that have long been embedded in the country's police forces may still extinguish the new light, if the Police service Commission and the police leadership fail to nurture the positive development.

Information Management - The ability of a police force to manage information relating to socio-economic and political trends and to relate such information to the trend, pattern and severity of crimes will determine its capacity to plan and implement crime prevention and crime control policies, strategic plans and operations. Furthermore, the ability of a force to disseminate appropriate information about crime patterns and trends, police efforts and handicaps at promoting crime prevention and control will affect police-public relations, public support for police as well as police efficiency. The Nigeria Police Force has continued to neglect this critical area, resulting in operational strategies being dependent on guesses instead of science or systematically produced and acquired knowledge.

Personality of Police Personnel - The personality of a police officer exercises influence on his or her behaviour, performance and relationship with the public. This is the reason why in many societies, potential recruits are subjected to a battery of psychological and other tests with a view to determining their emotional stability and social relation competence. The Police Service Commission and the Nigeria Police Force need to review the recruitment process in order to ensure that only those that can meet the challenges of police work in Nigeria, at present and in the near future are recruited. It will be a waste to recruit an individual who do not possess adequate academic qualification, strong emotional and moral qualities and a patriotic commitment to Nigeria, in an age or era characterized by computer crimes, sophisticated and technology assisted financial crimes, piracy, terrorism and espionage.

Police Culture - A constellation of structural, institutional and personality factors create what has been variously referred to as police culture. Police 'working personality' and culture result from the elements of police-work - danger, authority and isolation. Police-work breeds solidarity and occupational pathology characterised by 'perceptions of the public as uncooperative, unsupportive and antagonistic toward the police'. In Nigeria, this engenders a tendency by the police to protect each other's criminality and misconducts, As a result, the integrity of the police is undermined and a culture of impunity is thereby entrenched.
15.02 These institutional problems are critical to the attainment and sustenance of an effective police force and deserve serious consideration and attention by the government and police leadership.

16.00 CRISES OF THE POLICE IN CONTEMPORARY NIGERIA
16.01 The structural and institutional constraints enumerated above have engendered crisis for the police in the areas of performance, integrity and accountability and legitimacy as discussed below.
Crisis of Performance - Nigeria police performance is unsatisfactory. The police are ineffective and inefficient in their job of prevention of crime, criminal investigation, apprehension of crime perpetrators and response to distress calls by citizens. The poor performance is due to several factors, but mainly inadequate personnel in terms of quality, quantity and competence at various ranks; poor training and conditions of service; lack of public co-operation; grossly inadequate logistic (especially transportation, telecommunication, arms and ammunition, etc.); poor remuneration and lack of welfare programmes. There is need for better training to reflect the functions and demands of the force. Further, there is also need for the training of the Officers to improve their management capacity to properly administer limited or scarce human and material resources for satisfactory performance.

Crisis of Integrity and Accountability - The crisis of integrity and accountability manifests in terms of police corruption, police incivility and brutality, and police-public antagonism. As a result of its colonial history and protracted military rule, the Nigerian police have not developed the culture of accountability to the public or citizens. The Force has been severally criticized for its brutality, corruption, extortion, incivility, extra-judicial killings and impunity. The officers need to be properly trained and oriented to the value of democratic accountability, respect for human rights, observance of rule of law, civility, and public assistance. In addition, erring officers should be promptly and fairly dealt with as deterrence to the officer and his/her colleagues.

Crisis of Legitimacy - As a consequence of the challenges discussed above, the Nigeria police are confronted with legitimation crisis. The legitimacy of the police depends on several factors including the following:
Effectiveness and efficiency in the prevention and control of crime, in the detection, apprehension and prosecution of offenders;
Scrupulous observance of the rule of law;
Recognition and protection of the dignity and rights of citizens;
Accountability to the citizens;
Civility and incorruptibility;
Concern for the general welfare of citizens.
When these conditions are satisfied, the public accords the police legitimacy and support, and their performance is enhanced. Some of the factors that create and sustain these pre-conditions for public support are beyond the police. Such factors include democratic and good governance, good and responsive laws, economic and technological development, a deeply ingrained socio-cultural values for justice and equity, compassion, and political tolerance. In Nigeria, these conditions are largely absent. Consequently, the Nigeria police suffer deficit of public legitimation and support.
Police corruption – Police corruption has been defined as "… the misuse of authority by a police officer in a manner designed t produce personal gain for himself or for others". Forms or types of police corruption include:
… improper political influence; acceptance of gratuities or bribes in exchange for non enforcement of laws, … particularly those relating to gambling, robbery, traffic offenses, prostitution and liquor offences, which are often extensively interconnected with organized crime; the fixing of traffic tickets; minor thefts; and occasional burglaries.

As early said, corruption by police is a worldwide phenomenon as criminological researches have shown. However, the extent, types and pattern of police corruption vary across societies, reflecting the wider social, economic and political structures of individual nations. Police corruption has been a serious concern to the police authority in Nigeria, which routinely purges the force of known corrupt officers. But, because of the country's political and economic environment as well as institutional inadequacies, police corruption has persisted on a wide scale at all levels of police functions. While corruption is endemic in all segments of the Nigerian society, it is particularly objectionable among the police because it is their occupational responsibility to prevent and work at its elimination and not to be responsible for its spread, entrenchment and legitimation as a norm of social and official interactions.
Police forces must deal sternly with corruption. While inadequacies of infrastructure and under-funding contribute to the extent and public perception of police corruption in the country, these cannot justify the disgraceful leprous handshakes between commercial vehicle drivers and police officers at check-points. The insinuation that a portion of the extorted money from such handshakes is 'remitted upwards" to senior officers is particularly worrisome. This form of corruption has caused grave damage to the public perception and estimation of individual police officers and the entire police force. These are serious problems that the police authority, government and the society must address and eliminate the factors that cause and sustain them.
Closely related to the problem of corruption and extortion is the incidence of collusion or conspiracy between some police officers and criminals. Both the police authority and the government must sustain and invigorate the efforts to rid the police force of criminals in uniform. To do this will require better recruitment practices, higher remuneration and better working conditions, including a promotion regime that places emphasis on intellect, competence, integrity and good relationships with the community in order to boost morale and enhance commitment and service.
Police incivility, brutality, unlawful killings, and police-public antagonism - The relationship between the police and the public is generally hostile. This is due to the historical legacy of oppression and continuing citizens' experiences and misconceptions of police roles. One of the major hindrances to police legitimacy is police incivility or brutality. Ibidapo-Obe and Adeyemi reported that police brutality is common in the course of crime control, crowd control, management of protests and demonstration, investigation; and at checkpoints. They noted also that police brutality occur in the form of extra-judicial killings, summary execution of suspects, and revenge killings. During criminal investigation and interrogation, police use torture to extract confession and information, due to a combination of poor training, inadequate infrastructure, and absence of respect for due process and human rights.
The public do not respect, trust and support the police because their performance is poor. Also, the public regards the character and level of accountability of the police as grossly unsatisfactory. The police in the nation are generally feared but not respected, distrusted and despised by the Nigerian public. Police training must therefore reorient police so that officers of all ranks can respect the rights of the citizens, offer assistance to citizens in distress, and desist from brutalizing citizens and from corruption. Effective supervision is also necessary for tackling the crisis of legitimacy confronted by the police.

17.00. OTHER LAW ENFORCEMENT AGENCIES POLICING NIGERIA
Aside the Nigeria Police, there are other law enforcement agencies that help to regulate some sectors of country. Although some of these agencies were coined out of the Nigeria Police, they have different powers, function and legal set up different from that of the Nigeria Police. These agencies include:
Economic and Financial Crimes Commission (EFCC).
National Drug Law Enforcement Agency (NDLEA)
Independent Corrupt Practices Commission (ICPC)
Nigerian Copyright Commission (NCC)
Nigeria Immigration Service (NIS)
Federal Road Safety Commission (FRSC)
Nigerian Custom Service (NCS)
Nigeria Security and Civil Defense Corps (NSCDC)

18.00CONCLUSION AND RECOMMENDATION
18.01 This paper has identified a number of reasons why Nigerian police structure cannot effectively control persons and property crimes in Nigeria. The Nigerian police as an organization has a long history of engaging in acts of brutality, violence and harassment of members of the public as such they lack public cooperation and acceptability. Police attitudes and conducts in Nigeria violate the basic requirements and principles of community policing. This paper therefore recommends the following for an effective and productive policing in Nigeria:

For community policing to be effective and efficient in combating crimes in Nigeria, the agencies of the indigenous social control systems must be formally incorporated to work with the police because most members of these indigenous social control agencies are indicated Indigenes of their local communities who are more conversant with the environment and terrain.

Police should be adequately funded by the government for effective outcome of the policing. The police should also be well equipped with standard equipments to help to combat crime in the society.

The federal government must ensure that all those members of the security forces allegedly responsible for torture or other cruel, inhuman or degrading treatment and for extrajudicial executions and excessive use of force are investigated and sanctioned with disciplinary measures or judged, when required, according to international standards of fair trials.

The federal government must make all necessary provisions to ensure that every victim of torture or other cruel, inhuman or degrading treatment and the families of victims of extrajudicial executions by the security forces obtains redress and reparation, including fair and adequate compensation, restitution, rehabilitation, satisfaction and guarantees of non-repetition in accordance with article 14 of the Convention against Torture.

Further measures must be taken within the Nigeria Police Force to eradicate corruption and crime among the ranks of the security force. Internal investigations must be carried out on all allegations of misconduct by police officers and soldiers, and those suspects of human rights violations must be suspended from duty throughout the investigation.

The authorities must withdraw shoot-on-sight orders as they contravene the United Nations' Basic Principles on the Use of Force and Firearms by Law Enforcement Officers.

The federal government must ensure that the Nigeria Police Force and the Nigerian armed forces receive proper training on how suspects should be treated and the constitutional right of an accused person. The federal authorities must also ensure that training programs for the federal police and the armed forces include specific training on the use of force according to international standards such as the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the UN Code of Conduct for Law Enforcement Officials, the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and the UN Standard Minimum Rules for the Treatment of Prisoners.

The federal authorities must make all necessary legal and administrative provisions to avoid the issue of suspect who has not been charged with a recognisable offence by the relevant judicial institution according the Nigerian law, be remanded in prison.

More importantly, the police organisation be more accountable, civil and incorruptible in their dealings with members of the public. This will change the negative perception members of the Nigerian public have on the police.

LIST OF AUTHORITIES
AOKO V. FAGBEMI (1961) I ALL M 400

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LIST OF JOURNALS AND REPORTS
Watchmen and constables". UK Parliament. Retrieved 29 December 2013 and "Sir Robert Peel and the new Metropolitan Police". The National Archives. Retrieved 29 December 2013, 1st session .
Anti-terrorism, Crime and Security Act 2001 (c.24) - Statute Law Database". Statutelaw.gov.uk. Retrieved 2009-05-06.
Sir Robert Peel and the new Metropolitan Police rules. The National Archives. Retrieved 29 December 2013, 4th session.
McGraw H. This text features excellent coverage of the field of criminal justice with a strong international orientation.
History of Metropolitan Police". UK Parliament. Retrieved 29 December 2013, 2nd Session. 
Department of the Official Report (Hansard), House of Commons, Westminster. "Hansard 18 April 2006, Col 328W". Publications.parliament.uk. Retrieved 2009-05-28.



LIST OF STATUTES
English Statutes
The Metropolitan Police Act, 1829.
Police Reform Act, 2002.
Police and Criminal Evidence Act, 1984.
English Police Act, 1996.
Serious Organized Crime and Police, 2005.
Railways and Transport Safety Act, 2003.
Public Order Act, 1994.
Terrorism Act, 2000.
American Statutes
The Metropolitan Police Act
Public Order Act
Terrorism Act.

Nigerian Statutes
The 1999 Constitution of the Federal Republic of Nigeria (As amended).
Criminal Procedure Act, 2004.
Criminal Procedure Code, 1990.
Police Act, 2004.
Administration of Criminal Justice Laws of Different states of the Federation.
African Charter on Human Rights.
Police Service Commission (Establishment) Act, 2001.