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The Flaws in Nigeria’s Criminal Justice System: Okpaleke’s Call for Reform

Kelechi Okpaleke (JD) recently shared his frustrations with Nigeria’s criminal justice system, stating that the average police station in Nigeria has become akin to a “neighbourhood supermarket” that deals in brutality. He explains that this sentiment comes from an old friend who believes that wealthy individuals can buy the police’s services to use brutality against their enemies. Okpaleke reflects on this image of the police and wonders why the police force holds such a negative reputation among Nigerians.

 

When pressed to clarify his thoughts, Okpaleke’s friend elaborated on a disturbing reality: in Nigeria, the police can arrest and detain a person without proper investigation. They can then proceed to court to prosecute and request the individual’s remand in custody, claiming the investigation is still ongoing. This means that, in practice, the police can arrest and detain someone for no reason, fabricate charges, and still object to bail by claiming the investigation is unfinished. Okpaleke points out that this is all possible because the police can often gain the support of a magistrate or judge.

 

Okpaleke argues that, while Nigeria faces many issues, the most pressing reform should focus on the systems that deny democratic rights to its citizens. “Tax reform is not the first in my agenda,” he writes, pointing out that towards the end of 2022 and into 2023, Nigerian citizens faced difficulties withdrawing their hard-earned money from banks due to a policy change. Many people died in the process, but no commercial bank officials were held accountable. He dismisses this as business as usual, highlighting that the country’s major problem stems from government institutions, especially the police, health services, and education systems.

 

He also references a recent incident where a young man was abducted by the Ekiti police from Lagos, a state where he supposedly pays taxes, and taken to Ekiti. Lagos state has remained silent on the matter, which raises the troubling question: “Does the police have extra-judicial powers?” Okpaleke stresses that in a democracy, arresting, detaining, investigating, and prosecuting someone without due process is unacceptable.

 

Okpaleke goes on to highlight the police’s role in civil matters, noting that over 51% of the cases the police handle are civil disputes. For example, two traders may have a payment disagreement, and one may bribe the police to detain the other. This, he argues, shows the misuse of police power.

 

Another issue Okpaleke discusses is the police practice of “police bail.” He explains that the police have no authority to grant bail; this power lies with a judicial officer. However, police officers sometimes claim they have granted bail as a way to extort money from citizens. He emphasizes that this is a serious misuse of power.

 

Okpaleke believes the culture of brutality in the police force, rooted in over thirty years of military rule, is deeply entrenched in the system. While it may take years to change this culture, he calls for bold action from the government. Once reform begins, he argues, it will be unstoppable, bringing the democracy that Nigerians desperately need.

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