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Police Abolishes ‘Arrest Before Investigation’, Lists Out ‘Unknown Laws’ In Police Act

By Blessing J. Emmanuel

2 days ago
Reading Time: 4 mins read
Police Abolishes 'Arrest Before Investigation', Lists Out 'Unknown Laws' In Police Act

The Nigerian Police Force has announced that the era of “arrest before investigation” has come to an end, with the introduction of sweeping reforms under the Police Act 2020. According to the Deputy Inspector General of Police (DIG), the new law has outlawed arbitrary arrests and strengthened the protection of citizens’ rights in the discharge of policing duties, marking a turning point in law enforcement practices in the country.

Speaking at a public forum, the DIG explained that Nigeria’s democracy is anchored on the principles of justice, equality, and the guarantee of fundamental freedoms as captured in Sections 33 to 45 of the 1999 Constitution. He acknowledged that, over the years, the misuse of police discretion and power often resulted in violations of human rights, leading to mistrust between citizens and the force. However, he emphasized that the Police Act 2020 was enacted to correct these excesses, rebuild public confidence, and reposition the Nigerian Police Force as an institution that operates with fairness, justice, and equity at its core.

Police Abolishes 'Arrest Before Investigation', Lists Out 'Unknown Laws' In Police Act

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The Deputy Inspector General outlined some of the key but largely unknown provisions in the Police Act that are changing the way policing is done in Nigeria. One of the most notable reforms is the prohibition of arrests for civil wrongs. The Act specifically bars police officers from arresting individuals over civil disputes or breaches of contract, a practice that was common in the past and often abused to intimidate or settle private scores. He also stressed that under Section 35 of the Act, every suspect who is arrested has the right to have his or her family notified, and this responsibility lies with the police at their own expense.

The DIG further highlighted the ban on collective punishment, explaining that the Act now forbids the arrest of husbands for offenses committed by their wives, thereby putting an end to an archaic and unjust practice. The Police Act 2020 also contains explicit provisions against torture and inhuman treatment, prohibiting officers from engaging in practices that degrade or abuse suspects in any way. By including these clauses, the law aligns Nigeria’s policing standards with international human rights conventions.

Another important innovation in the Act is the recognition of victims’ rights. The Deputy Inspector General explained that policing is no longer only about prosecuting offenders but also about protecting the interests of victims. To this end, the Act provides avenues for compensation and support mechanisms for those who suffer from crimes. Similarly, the Police Duty Solicitor Scheme has been introduced to ensure that suspects have access to legal assistance from the moment of arrest, thereby safeguarding their right to fair hearing and due process.

The reforms also address gender inclusion in the Force. The law makes provisions for mainstreaming gender issues into recruitment and training, a move that has led to the increased participation of women in key operational units such as the Mobile Police, Counterterrorism Unit, and even the creation of all-female squadrons. According to the DIG, this is part of the effort to build a police service that reflects the diversity of the society it serves. He also pointed out that community policing has been institutionalized under the Act to promote trust and cooperation between citizens and officers, bridging the gap between law enforcement and the public.

Describing the Act as the “compass” or “GPS” of the Nigerian Police Force, the Deputy Inspector General noted that the reforms offer a clear framework for officers to follow in balancing security operations with the protection of human rights. He emphasized that with the enactment of the Police Act 2020, officers can no longer arrest before investigation but must instead follow due process as laid out in both the Constitution and the Act. This, he said, is a major departure from old patterns of abuse and a significant milestone in the professionalization of policing in Nigeria.

Looking ahead, the DIG reaffirmed the commitment of the Police Force to upholding the rule of law, reforming its internal structures, leveraging technology for effective operations, and promoting transparency and accountability. He stated that the safety and security of citizens cannot be achieved by the police alone but requires collective responsibility. Citizens, communities, and civil society must work hand-in-hand with law enforcement to build a society where rights are respected and security is guaranteed.

“Ensuring the safety and security of citizens is a collective responsibility,” the DIG declared. “This requires accountability, community engagement, and a commitment to sustainable development while prioritizing human rights.” He concluded by stressing that the Police Act 2020 is not just a piece of legislation but a landmark framework designed to guide officers in serving the people with dignity and fairness.

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