INTRODUCTION TO NIGERIAN LAW

UNIT 4

  • THE NIGERIA POLICE
  • THE FEDERAL MINISTRY OF JUSTICE
  • THE STATE MINISTRY OF JUSTICE
  • THE NIGERIAN JUDICIARY
  • THE NIGERIAN PRISONS

THE NIGERIAN POLICE

The Nigerian Police Force (NPF) is the principal law enforcement agency in Nigeria, established to maintain law and order, prevent and detect crime, protection of lives and property, and enforce laws and regulations. It operates under the jurisdiction of the Federal Government and is headed by the Inspector General of Police (IGP). See section 214 of the 1999 Constitution which establishes the Nigerian Police Force and sections 4 and 5 of the Police Act 2020 which outline the functions and powers of the police. See also the case of Ojukwu v. Military Governor of Lagos State (1986) 1 NWLR (Pt. 18) 621 which emphasized the duty of the police to act within the law and not be used as an instrument of oppression and the case of Nigerian Police Force v. Olatunji (2000) 5 NWLR (Pt. 657) 510 which highlighted the limitations on police powers concerning unlawful detention. The NPF is structured into several departments and units, each with specific responsibilities including the following:

  1. Criminal Investigation Department (CID): this department handles major criminal investigations.
  2. Special Anti-Robbery Squad (SARS): this department focuses on armed robbery and violent crimes.
  3. Anti-Fraud Unit: this department deals with financial crimes and fraud.
  4. Mobile Police Force (MOPOL): this department provides rapid response and counter-terrorism support.

FEDERAL MINISTRY OF JUSTICE

The Federal Ministry of Justice (FMJ) is the principal legal organ of the Federal Government of Nigeria, responsible for the administration of justice and legal affairs of the country. It is headed by the Attorney General of the Federation (AGF) and Minister of Justice. See sections 150 and 174 of the 1999 Constitution which establish the office and powers of the Attorney General of the Federation and the Federal Ministry of Justice Act which outlines the structure and functions of the ministry. See also the case of Attorney General of the Federation v. Attorney General of Lagos State (2004) 18 NWLR (Pt. 904) 1 which clarified the powers of the Attorney General concerning state matters and the case of Attorney General of Ondo State v. Attorney General of the Federation (2002) 9 NWLR (Pt. 772) 222 which addressed the scope of federal and state prosecutorial powers. The core functions of the FMJ includes the following:

  1. Legal Advisory Services: this is done by providing legal advice to the government and its agencies.
  2. Prosecution of Federal Offences: this is done by initiating and conducting prosecutions in federal cases.
  3. Law Reform: this is done by proposing and implementing legal reforms.
  4. Drafting and Vetting of Bills: this is done by drafting legislation and ensuring its legal soundness.
  5. International Legal Affairs: this is done by handling treaties, agreements, and international legal issues.

STATE MINISTRY OF JUSTICE

Each state in Nigeria has its own Ministry of Justice, responsible for the administration of justice and legal affairs at the state level. It is headed by the Attorney General of the State (AGS) and Commissioner for Justice. See sections 195 and 211 of the 1999 Constitution which establish the office and powers of the Attorney General of a state and the State Ministry of Justice Law which provides the structure and functions of the ministry at the state level. See also the case of Attorney General of Ogun State v. Aberuagba (1985) 1 NWLR (Pt. 3) 395 which examined the prosecutorial powers of the state Attorney General and the case of A.G. Kaduna State v. Hassan (1985) 2 NWLR (Pt. 8) 483 which discussed the independence and authority of the state Ministry of Justice. The primary functions includes the following:

  1. Legal Advisory Services: this is done by advising the state government on legal matters.
  2. Prosecution of State Offences: this is done by conducting prosecutions in state cases.
  3. Law Reform: this is done by proposing and implementing legal reforms within the state.
  4. Drafting and Vetting of Bills: this is done by drafting state legislation and ensuring its legal soundness.
  5. Legal Representation: this is done by representing the state in legal proceedings.

NIGERIAN JUDICIARY

The Nigerian Judiciary is the branch of government responsible for interpreting the laws of Nigeria and administering justice. It operates independently from the executive and legislative branches. The Judiciary is structured into several levels, including the supreme court, the court of appeal, the federal high court, the state high court, the magistrate and customary court. See sections 230-296 of the 1999 Constitution which outline the structure, powers, and functions of the Judiciary. See also the case of Olisa Agbakoba v. Federal Republic of Nigeria (1995) 7 NWLR (Pt. 404) 686 which established the principle of judicial independence and the case of Attorney General of the Federation v. Abubakar (2007) 10 NWLR (Pt. 1041) 1 which clarified the judiciary's role in upholding the rule of law. The main functions includes the following:

  1. Adjudication: this is done by resolving disputes and interpreting laws.
  2. Judicial Review: this is done by reviewing the constitutionality of laws and actions of government officials.
  3. Protection of Rights: this is done by safeguarding the rights and liberties of individuals.

NIGERIAN PRISONS (NOW NIGERIAN CORRECTIONAL SERVICE)

The Nigerian Prisons Service, now known as the Nigerian Correctional Service (NCoS), is responsible for the custody, rehabilitation, and reintegration of offenders. See the Nigerian Correctional Service Act 2019 which provides the legal basis for its operations and reforms and sections 35 and 36 of the 1999 Constitution which outline the rights of detainees and prisoners. See also the case of Gani Fawehinmi v. I.G.P. (2002) 7 NWLR (Pt. 767) 606 which addressed the rights of detainees within the correctional system and the case of Nigerian Prisons Service v. Dr. Bukola Saraki (2009) 16 NWLR (Pt. 1167) 433 which highlighted the duty of the prison authorities to ensure proper medical care for inmates. The primary functions includes the following:

  1. Custody of Offenders: this is done by ensuring the safe and secure detention of individuals sentenced to imprisonment.
  2. Rehabilitation: this is done by providing programs and activities aimed at rehabilitating offenders.
  3. Reintegration: this is done by preparing inmates for successful reintegration into society.
  4. Human Rights Protection: this is done by ensuring the humane treatment of inmates.

CONCLUSION

These notes provide an overview of each institution, their legal frameworks, functions, and relevant Nigerian cases to illustrate their operations and significance within the legal system.