NIGERIA POLICE ACT 2020

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NIGERIA POLICE ACT, 2020

LAWS OF THE FEDERATION OF NIGERIA

EXPLANATORY MEMORANDUM

This Act repeals the Police Act Cap. P19, Laws of the Federation, 2004 and enacts the Nigeria Police Act, 2020 to provide for a more effective and well organised Police Force driven by the principles of transparency and accountability in its operations and management of its resources.

This Act also establishes an appropriate funding framework for the Police Force in line with what is obtainable in other Federal Government key institutions in the bid to ensure that all police formations nationwide are appropriately funded for effective policing,

This Act further;

(a)    enhances professionalism in the Police Force through the provision of increased training opportunities   for police officers and other persons employed by the Police Force; and

(b)    creates an enduring cooperation and partnership between the Police Force and communities in    maintaining peace and combating crimes nationwide.

NIGERIA POLICE ACT, 2020

ARRANGEMENT OF SECTIONS

Section:     PART I – PRELIMINARY

1.     General objective.

2.     Specific objectives.

PART II – ESTABLISHMENT, COMPOSITION AND DUTIES OF THE NIGERIA POLICE FORCE

3.     Establishment, composition and duties of the Nigeria Police Force.

4.     Primary functions of the Police Force. 5. Duty of Police Force to enforce certain constitutional      provisions, etc.

6.     Establishment and functions of the Nigeria Police Council.

PART III- APPOINTMENT, REMOVAL, FUNCTIONS AND POWERS, ETC. OF INSPECTOR-GENERAL OF POLICE

7.     Appointment, tenure, removal, etc., of Inspector-General of Police,

8.     Command of police in case of active service.

9.     Functions and powers of the Inspector-General of Police.

10.    Delegation of powers.

PART IV.  APPOINTMENT AND FUNCTIONS ETC. OF THE DEPUTY INSPECTOR-GENERAL OF POLICE, ASSISTANT INSPECTORS-GENERAL OF POLICE, COMMISSIONERS OF POLICE AND OTHER PERSONS INTO THE NIGERIA POLICE FORCE

11.    Appointment and duties of the Deputy Inspector-General of Police and Assistant Inspector-General of    Police.

12.    Appointment of Commissioners of Police

13.    Functions of Commissioners of Police of States.

14.    Appointment of other persons.

15.    Pensions and gratuities.

16.    Standing orders.

PART V – GENERAL ADMINISTRATION

17.    Oath to be taken by officers on appointment.

18.    Recruitment and Police Recruitment Committee.

19.    Training programmes.

20.    Remuneration.

21.    Appointment of supernumerary police officers to protect property.

22.    Appointment of supernumerary police officers for employment on administrative duties on police   premises.

23.    Appointment of supernumerary police officers where necessary in the public interest.

24.    Appointment of supernumerary police officers for attachment as orderlies.

25.    Provisions supplementary to sections 21 to 23.

PART VI- FINANCIAL PROVISIONS

26.    Funding of the Police Force.

27.    Expenditures by the Police Force.

28.    Estimates.

29.    Accounts and audit.

30.    Annual report.

PART VII – POWERS OF POLICE OFFICERS

31.    Investigation of an allegation by the Police.

32.    Arrest generally,.

33.    Mode of arrest.

34.    No unnecessary restraint.

35.    Notification of cause of arrest and rights of suspect.

36.    Arrest in lieu prohibited.

37.    Humane treatment of arrested suspect,

38.    Arrest by police officer without warrant.

39.    Arrest without warrant by private person.

40.    Handing over of an arrested suspect by private person.

41.    Arrest for offence committed in presence of a judge or magistrate.

 42.   When public is bound to assist in arrest.

43.    Arrested suspect to be taken immediately to police station.

44.    Recording of arrests.

45.    Power to break out of a house or place for the purpose of liberation.

46.    Inventory of property of arrested suspect.

47.    Quarterly report of arrests to the Attorney-General.

48.    Power to search.

49.    Power to stop and search.

50.    Action before a search takes place.

51.    General conduct of the search. 52. Search of arrested suspect.

53.    Examination of arrested suspect,

54,    Where reasonable suspicion never exist.

55.    Search of place entered by suspect sought to be arrested.

56.    Action after search is carried out.

57.    Search record.

58.    Search warrant safeguards,

59.    Execution of search warrant.

60.    Recording of statement of suspect.

61.    Refusal to give name and residence.

62.    Release on bail of a suspect arrested without warrant.

63.    Power to release on bail before charge is accepted.

64.    Remedy of suspect detained in custody.

65.    Summons.

66.    Powers to prosecute.

67.    Central Criminal Records Registry.

68.    Power to take fingerprints.

69.    Police to report to supervising magistrates.

70.    Chief magistrate to visit police stations every month.

PART VIII – WARRANTS

71.    General authority to issue warrant.

72.    Form and requisites of warrant of arrest.

73.    Warrant to be issued on complaint only if on oath.

74.    Warrant may be issued on any day.

75.    Warrant, to whom directed and duration

76.    Warrant of arrest may in exceptional cases be directed to other persons.

77.    Execution of warrant and procedure.

78.    Power to arrest without possession of warrant.

79.    Court may direct particulars of security to be taken on execution of warrant.

80.    Warrant issued by the Federal High Court.

81.    Re-arrest of suspect escaping.

82.    Provisions of sections 43 arid 53 to apply to arrests under sections 74 and 79.

83.    Public safety and public order.

PART IX – PREVENTION OF OFFENCES AND SECURITY FOR GOOD BEHAVIOUR

84.    Police to prevent offences and injury to public property.

85.    Information of plan to commit offence.

86.    Arrest by police to prevent offences.

87.    Prevention by other public officers of offences and injury to public property.

PART X- PROPERTY FOUND AND UNCLAIMED, ETC.

88.    Found and unclaimed property.

89.    Documentation of arrest, witnesses and death in police station.

90.    Missing persons.

PART XI – ESTABLISHMENT OF THE POLICE REWARD FUND, ETC. AND OTHER PROVISIONS RELATING TO THE POLICE FORCE

91.    Establishment of the Police Reward Fund.

92.    Recognition and commendation for gallantry and exemplary service.

93.    Police officer and indebtedness.

94.    Exception to debt recovery.

95.    Private business and conflict of interest.

PART XII-OFFENCES

96.    Offences by a police officer.

97.    Apprehension of deserters.

98.    Assault on police officer.

99.    Refusing to aid police officer assaulted.

100. Drinking of alcohol or use of psychotropic substances and stimulants while on duty.

101. Impersonation of police officer.

102. Obtaining admission into Police Force by fraud.

103. Ordinary course of law not to be interfered with.

104. Persons acquitted by the court not to be tried for the same offence under this Act.

PART XIII – SPECIAL CONSTABLES

105. The Special Constabulary.

106. Appointment of special constables.

107. Resignation, suspension and dismissal of special constables appointed under section 106.

108. Appointment of emergency special constables.

109. Provisions supplementary to section 108.

110. Equipment.

111. Instruction of special constables.

112. Allowances, pensions, etc.

PART XIV – COMMUNITY POLICING COMMITTEE

113. Establishment of Community Policing Committee.

114. Establishment of Divisional Community Policing Committee.

115. Establishment of State Community Policing Committees.

116. Objectives of Community Policing Committees.

117. Duties of community policing officers.

118. Functions of Community Policing Committees.

119. Procedural matters.

PART XV – TRAFFIC WARDEN SERVICE .

120. Establishment of Traffic Warden Service.

121. Recruitment of traffic wardens.

122. Declarations by traffic wardens.

123. Tenure of office of traffic wardens.

124. Powers of traffic wardens.

125. Certificate of appointment and discharge.

126. Ranks of traffic wardens.

127. Resignation.

128. Discipline.

129. Provision of equipment.

130. Instruction of traffic warden.

PART XVI – POLICE PUBLIC COMPLAINTS AND DISCIPLINE

131. Establishment of Police Complaints Response Unit. 132. Composition of the Unit, 133. Functions of the Unit.

134. Steps to be taken after investigation, PART XVII – MISCELLANEOUS PROVISIONS

135. Prohibition against gender discrimination.

136. Application of the Act.

137. Disobeying of unlawful orders.

138. Power to make regulations.

139. Repeal.

140. Savings and transitional provisions.

141. Interpretation.

142. Citation.

Schedule

NIGERIA POLICE ACT, 2020

An Act to repeal the Police Act Cap. P19, Laws of the Federation of Nigeria, 2004 and enact Nigeria Police Act, 2020 to provide the framework for the Police Force and ensure cooperation and partnership between the police and host communities in maintaining peace, combating crime, protecting liberties, life and property; and for related matters.

[Commencement.                15TH SEPTEMBER, 2020]

ENACTED by the National Assembly of the Federal Republic of Nigeria:

ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED TO 2018)