Saviour Akpan, Esq.
Introduction
The Nigerian Criminal Justice Sector, with the Nigeria Police Force as the gatekeeper, constitutionally mandates the equal protection of lives and property and respect for the fundamental human rights to fair hearing for all citizens regardless of status.
Section 4 of the Police Act, 2020, specifically spelt out the functions of the Nigeria Police Force and to ensure internal security pursuant to Section 214 of the 1999 Constitution (as amended), before a person is enlisted into the force or any agency of justice, such must be a Nigerian citizen but unfortunately, and despite this provisions, citizens within the Nigeria Security and Justice services has descended into a troubling practice of commercialising the justice and security sectors thus making justice and security services a commodity for the highest bidders.
What ought to be a noble service of safeguarding the people has, in many quarters, been converted into a market where protection, justice, and even access to their services are bought and sold.
This commercialisation, far from being incidental, has become the disturbing new normal, allegedly rooted in the poor welfare and neglect of serving citizens within the Justice and security institutions.
Yet, the Constitution and our extant laws do not excuse misconduct or extortion in the name of survival. The consequence is a double injury: citizens serving within these instructions are dehumanized by neglect, and their fellow citizens, whom they are supposed to serve, are brutalized by the monetization of their rights.
Few examples of certain practices that affect justice and sectors welfare, trust, and confidence.
- Charges for Submitting Petitions, especially in Nigerian Police Stations
It is now common knowledge that citizens are asked to pay between ₦20,000 and ₦200,000 before their petitions are even received, approved, or assigned for investigation at Police Headquarters, Zonal, or State Commands. This practice has no legal basis whatsoever. In fact, Section 36 of the 1999 Constitution guarantees fair hearing and access to justice without financial hindrance, while Section 83 of the Police Act obligates officers to receive complaints from citizens without demanding payment. - Fees for Reporting Cases or Feeding Suspects at Police Stations
At divisional police stations, the simple act of reporting a crime or giving food to a detained relative is met with unlawful “station charges.” From theft to assault, complainants are told to “open a case file” with ₦2,000–₦5,000. This extortionist culture is a gross abuse of Section 34(1)(a) of the Constitution, which protects the dignity of the human person, and violates the Anti-Corruption and Transparency mandates binding on citizens working in public officers under the Code of Conduct Bureau and Tribunal Act. - The Infamous ‘Bail Is Free’Contradiction
Though the police constantly parade the slogan “Bail is Free,” in practice, suspects and their families know better. Bail often comes at a steep price, sometimes ranging from ₦10,000 to ₦500,000 depending on the allegation. This offends Section 35(4) of the Constitution, which requires release of suspects within reasonable time or upon bail, and is in clear violation of the Administration of Criminal Justice Act (ACJA), 2015, Section 30, which prohibits demanding money for bail. - Checkpoints and Roadblocks as Tolls by Citizens employed into the Nigeria Security Sector.
Despite repeated directives banning roadblocks, citizens of Nigeria serving as officers in the Police across Nigeria operate checkpoints that have become extortion points. Motorists are compelled to “settle” or risk prolonged harassment, brutality and sometimes death. This practice is an abuse of Section 41 of the Constitution, which guarantees freedom of movement, and reduces law enforcement to a revenue-collection enterprise. - Police for Hire by Private Interests.
Perhaps most disturbing is the routine deployment of armed police units for private business protection, land disputes, or debt recovery, often in exchange for hefty payments. This converts the Police from an impartial law enforcement body into the private militia of the highest bidder and as well aids the criminalisation of petty offences in Nigeria and violates the provisions Section 46 of the Police Act, which forbids police officers from engaging in activities outside lawful duties as well as Section 8(2) of the Administration of Criminal Justice Act, 2015 which prohibit arrest in civil matters or breach of contracts .
The consequences.
The Commercialization of justice and security services is not a victimless practice. It:
1. Erodes public trust and confidence, making citizens view the justice and security institutions not as protectors but as predators.
2. Entrenches inequality, where justice and security services are accessible only to those who can pay.
3. Encourages human rights violations due to arbitrariness as officers resort to intimidation, torture, and unlawful detention to extract payments from fellow citizens in flagrant disrespect to the provisions of Section 34 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and the Anti-Torture Act, 2017.
Poor welfare as the root cause, but not an excuse
It must be admitted that Nigerian citizens working within the Justice and Security Institutions police officers endure deplorable conditions: meagre salaries, poor housing, inadequate insurance, lack of equipment, and delayed pensions. These conditions have undoubtedly driven many to see extortion as a survival strategy.
However, poor welfare should not be a justification to legalise corruption. Just as a hungry judge cannot sell justice, a poorly paid security officer cannot commercialise protection.
The duty of the State under Section 14(2)(b) of the Constitution is clear: “the security and welfare of the people shall be the primary purpose of government.” This is for the citizens, including those in uniforms who are employed to serve, to join hands for its actualization.
The way forward
- Immediate and Periodic Welfare Reform and Review: Salaries, insurance, housing, and pensions of citizens serving as officers within the Justice and Security Institutions must be reviewed upward and periodically to reflect modern realities.
- Strict Enforcement of Accountability Mechanisms: The Police Service Commission (PSC), National Judicial Commission (NJC) the Police Complaints Response Unit (CRU), and the National Human Rights Commission (NHRC) must be strengthen to act decisively against all complaints bothering on accountable service delivery and rights violations within Justice and Security Institutions and such should be decentralised for access even at the Local Government level.
- Abolition of Illegal Levies through adequate provisions of operational sub heads that must be quarterly reviewed, monitored and evaluated.4. Demands for Payments for approval of petitions and unsubstantiated station charges must be criminalised with clear penalties and citizens should be sensitive to practice and procedures to make complaints to all justice and security institutions.
- Independent Oversight: A civilian-led independent justice and security sector’s complaints body, as practiced in other democracies, is long overdue.
- Human Rights Education: citizens including those in uniform must be trained continuously on the constitutional limits of their rights and responsibilities as well as powers and duties the rights.
- Community Policing implementation. The concept of community policing must be strengthened in all host communities towards an effective and sincere involvement of host communities in the determination of their safety, security and justice priorities and as well sustain ownership, commitments and patriotism by all citizens including citizens in uniforms. This will also include the deligitimization of vigilantism activities which is a form of self help employed by communities due to decline in public trust and confidence in the justice and security sectors.
- Abrogation of the use of the word ” Members of the Public” by heads of Government Agencies most especially the Inspector General of Police a d encouragement if the use of ” fellow citizens” as a mark of ownership and commitment to patriotism because we are all citizens of the Federal Republic of Nigeria and equal before the law.
Conclusion
The commercialization of Justice and Security services in Nigeria is a cancer on both justice and security institutions that erodes citizens’ confidence in our fragile democratic experimentation as well as democratic institutions.
It is a dangerous “new normal” that reduces the citizens’ right to access justice and security services into a commodity purchasable only by the privileged.
We must therefore reject this monetisation of justice and security services in Nigeria. Urgent periodic reforms and review of sector wise welfare and accountability are non-negotiable.
Fidelity to the Constitution and all laws must outweigh the lure of illicit survival strategies of all citizens including the President.
We deserve the security and justice sectors that serve the law in Nigeria, not one that sells the law.
Akpan, Esq., is the Executive Director of Community Policing Partners COMPPART ( Incorporated in Nigeria as COMPPART Foundation for Justice and Peacebuilding).
He is also a Steering Committee Member of the Partnership Against Violent Extremism – PAVE NETWORK in partnership with the National Counter Terrorism Centre, Office of the National Security Adviser.
He is the immediate past National Chairman, Network on Police Reform in Nigeria – NOPRIN.
