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Role Of Lawyers And Police In Administration Of Justice
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CHAPTER ONE
General Introduction 1.1 Background of the study
The
phenomenon, “crime†has been a major subject of private and public
concern throughout human history. No society is free of crime. However,
the question often asked is that even if crime is part of inevitable
human behaviour, how much of it can a society tolerate? This question is
linked to man’s natural instinct for survival, the ability to respond
to any threat to his life and property. Crime poses such a threat,
particularly in its violent form.
The recent upsurge in violent
crimes in Nigeria has created enormous uncertainty in the security of
lives and property of individuals and of social stability in general.
The incidents of traditional crimes such as armed robbery, arson, drug
trafficking and abuse, murder, kidnapping, rape, hired assassinations
and ritual killings are examples of the most serious and violent crimes
which have been on the increase in the recent past. Correspondingly,
White Collar Crimes in the form of Advance Fee Fraud (popularly, known
as 419), contract deals, embezzlement and mismanagement in both the
public and private sectors are also on the increase. The aggregate of
the traditional crimes mostly committed by the less privileged and white
collar crimes mostly committed by the highly placed call for a change
in the strategies for the prevention and control of crime in Nigeria,
The
existing patterns in criminal activities show that criminals are
getting more organized, sophisticated and brutal in the manner they
carry out their dastardly acts, either in the way they physically attack
individuals with dangerous weapons or the method they use in taking
advantage of their official positions to steal and stash away millions
of public funds in foreign and domestic accounts. Equally worrisome is
the new dimension in organized criminal behaviour in Nigeria involving
acts of terrorism and sabotage against individuals and public places.
Recent incidents, in which some individual were stalked and eventually
trapped in the volley of bullets from assault weapons, depict the
viciousness of violent criminals. These acts are usually well-planned,
orchestrated, syndicated and organized in the mafia-type fashion. In
addition to these new patterns of violent crimes against persons, there
is also the equally disturbing criminal behaviour against the Nigerian
economy leading to the collapse of financial institutions and government
parastatals. In short, we are witnessing the emergences of dangerous
trends in the nation’s social and economic well-being.
Three bodies
are responsible for the administration of criminal justice in Nigeria.
These bodies are: the Courts, the Police and Prisons. This research
focuses on the police functions in the administration of justice and the
manner in which such functions are carried out.
The primary
functions of the police are detection and prevention of crime as well as
preservation of law and order. The police has constitutional powers of
ensuring the prevalence of law and order and the preservation of public
peace.
The 1999 Constitution of the Federal Republic of Nigeria
confer on the police force powers and duties for effective oversight and
accountability[1]
Added to the above, is the seeming lopsidedness in
recent times in the prosecution of criminal offences as it affects the
privileged and less privileged members of the society. On a day to day
basis in Nigeria, Magistrates and other inferior courts are inundated
with minor cases of stealing, cheating, criminal breach of trust and
traffic offences committed by Nigerians who in most cases belong to the
less privileged class of the society. In fact, some months back, a
Magistrate
Court sitting in Lagos attracted attention when she
sentenced hundreds of Nigerians, some of whom under aged, to different
terms of imprisonment without option of fine for minor traffic and
environmental offences. On the contrary, the prosecution of most blue
or white collar offences hardly attracted the same level of success or
determined prosecution. The prosecutions of several persons alleged to
have committed serious crimes of official corruption have dragged on for
years without success.[2]
Two factors seem responsible for the above
situation – the overriding powers of the president and state governors
in the appointment and removal of Lawyers and the refusal of the
judiciary in Nigeria to invoke the power of judicial review on the
exercise of powers by the Lawyers on the ground that the powers are
absolute and subject to no judicial review what so ever.5.
The
above background facts therefore, motivated the desire of writing this
dissertation. The dissertation looked at the aforementioned problems
and offered suggestions towards solving the same and achieving a better
administration of criminal justice in Nigeria.
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ABSRACT - [ Total Page(s): 1 ]Crime has been a major subject of concern throughout human history. No society is free of crime and criminals. The Nigeria Police Force is an agency established by law to ensure preservation of public order and law enforcement as well as prevention and detection of crime. The police plays vital role in the administration of justice in any society. The police present the entry point into the criminal justice system either through reports from the public or its own investigation and surveillance. ... Continue reading---
