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INTRODUCTION
The various arms of government exercise different powers and also play different roles in the process of enacting, administering and enforcing laws and this forms the theme of this unit. But first let us refresh our memories with an over-view of the Legal System
Judiciary; The Judiciary interprets and applies the laws through the court system. The courts of major importance in Nigeria in ascending order of authority are:

Magistrates Court/District Court
High Court
Court of Appeal
Supreme Court
SELF ASSESSMENT
Discuss the original and appellate jurisdiction of the Court of Appeal Jurisdiction; A court’s jurisdiction refers to the matters, which it has authority to hear.
Geographical; One aspect of the limits of a court’s jurisdiction is the geographical area over which the judgment of the court will have effect. Clearly the decisions of the Supreme Court of Nigeria do not have effect outside the borders of Nigeria.

Original and Appellate; Original jurisdiction refers to matters which can be commenced or originate in that court; while Appellate jurisdiction concerns cases which come on appeal to that court from another court.
Criminal and Civil; A court’s jurisdiction can also be defined by looking at its criminal and civil jurisdiction (i.e. matters arising under criminal law or not). The jurisdiction in criminal proceedings is determined by the sentence which can be imposed by the court in question. With civil proceedings, the monetary limit, i.e. the amount which can be claimed or contested, is the deciding factor.
Federal and State; Yet another description of matters which a court may hear is by reference to its State and Federal jurisdiction. This describes matters arising either under State law (e.g. prosecution in the Magistrate Court under State Road Traffic legislation) or Federal law (e.g. maintenance proceedings in the Magistrate Court exercising jurisdiction under the Matrimonial Causes Act.
Cross Vesting Legislation Found Invalid; Our federal system and the division of power between the states and the federation have caused great inconvenience at the court level. The difficulty was that often it was logical for state courts to exercise some of those federal powers and conversely for Federal Courts to exercise some powers which ordinarily fell to state courts. A good example of the problems lies in the Trade Practices field. Suppose a plaintiff wanted to sue for beach of contract and allege a failure to comply with state Sale of Goods legislation, this would ordinarily be a matter for the state High Courts. However, if the plaintiff wanted to allege a breach of the Trade Practices Act, they could not do so because that was a Federal High Court matter. Similarly, there were problems at the family law level relating to children born within wedlock. If a family comprised children born in wedlock, and also outside it, then custody would have to be determined by two separate courts.
The thrust of the scheme was to confer on the main courts in each hierarchy the general civil jurisdiction of the other courts in the scheme. That is, a State High Court may deal with a contract law issue before it and also any breaches of the Trade Practices Act 1974 (Cth) alleged as part of the claim. This was an eminently sensible scheme but see the decision of Re Wakim <http://www.austlii.edu.au/au/cases/cth/high_ct/1999/27.html>. The Constitution prevented the State Assembly from conferring state jurisdiction on the Federal Courts. The reverse that is National Assembly vesting State courts with Federal jurisdiction may be valid.

Federal Court Hierarchy; The major courts with federal jurisdiction which we shall look at are the Supreme Court, Court of Appeal and Federal High Court. There are other federal courts, such as Customary Court of Appeal and Sharia Court of Appeal.

* Jury is unknown to the modern Nigeria legal system.

The Courts
Magistrate Courts; Magistrate Courts are at the bottom of the judicial hierarchy. Magistrate Courts in the Southern States have both civil and criminal jurisdiction. A Magistrate Court hears only criminal matters in the Northern States. Civil matters are heard in the District Courts. The Magistrates are normally appointed from within the public service, usually the Justices Department, although the numbers appointed from private practice are increasing.In general terms, the criminal jurisdiction of the Magistrate Courts is limited to less serious offences, for example traffic breaches, drunkenness, common assault and so on. These come before the magistrate as simple offences. A magistrate does have a discretion to offer to the defendant that some indictable offences be tried in the Magistrate Court with the consent of the accused. However, charges of a serious nature which have to be disposed off in the High Courts are commenced in the Magistrates Court by way of committal hearing, or preliminary investigation (P). At this hearing the magistrate determines whether a case to answer has been made out against the accused person. If so, he or she is committed for trial before a Judge.

Note that some states have abolished the process of preliminary investigation. Holding charges similarly operate in some states and not in others. Civil actions where the amount involved is less than a specified sum may be determined in the Magistrate Court. In addition to its ordinary criminal and civil jurisdictions Magistrate Courts sit as Children’s Juvenile Court and Coroners Court.

The Magistrate Court also has authority under various federal statutes and state laws to exercise some jurisdiction e.g. proceedings for maintenance under the Maintenance Causes Act.
High Court; The jurisdiction of the High Court is set out in the diagram. The Court is staffed by judges appointed by the State Government normally from practicing barristers. Only one judge chairs the Court whether it is sitting in its original or appellate jurisdiction. As well as hearing court cases, judges serve on various State tribunals e.g. Armed Robbery and Fire Arms Tribunal, Election Petition Tribunals. The High Court sits at the highest level in the State court hierarchy and has unlimited jurisdiction in both criminal and civil matters. Generally, its criminal jurisdiction includes murder, attempted murder, manslaughter, serious drug offences and important serious offences such as treason and piracy. You will notice from the diagram that the High Court is presided over by one justice when exercising both original and appellate jurisdiction.

Federal High Court; The Federal High Court was established by the Federal High Court Act primarily to lighten work load of the High Court. It has only original jurisdiction including jurisdiction in industrial matters and bankruptcy.

Court of Appeal; The power of an appeal court will depend upon the legislation which gives that court jurisdiction. Ordinarily, they can allow or dismiss the appeal or refer the matter back to the lower court for a further hearing. This frequently happens in criminal cases where the appellate court decides that a person was wrongly convicted in the lower court and refers the matter back for a re-trial.

The Supreme Court; Already, we have looked at one important function of the Supreme Court in dealing with constitutional matters. In addition, it acts as an appeal court on all matters, subject to some appeal limitations. The Supreme Court is now based in the Federal Capital Tertiary (FCT).

The Privy Council
The Privy Council is really the Judicial Committee of the Privy Council and is made up of eminent English Law Lords. It sits in London, and notable jurists from countries which allow appeals in the Privy Council are sometimes invited to sit on the Privy Council. While no longer relevant to the Nigerian legal system since 1963, it still does hear appeals from some Commonwealth countries and its decisions are regarded as highly persuasive by our Courts.Other Courts and Tribunals

There are other courts or tribunals in Nigeria exercising judicial or quasi judicial functions. One example is the Rent Tribunal which deals with disputes between landlords and tenants in premises with specified rental value. This Tribunal operates in an informal manner without the necessity of legal representation (which is not possible unless there are exceptional circumstances).

SELF ASSESSMENT
Where does the Supreme Court get its power?
Has the Supreme Court any original jurisdiction? Other Components of the Nigerian Legal System
Police
It is not proposed to discuss the police in detail. Their function is well known. Suffice to say that any legal system needs an enforcement agency to carry out the decisions of courts. The police play an important part in the judicial process because they initiate almost all of the criminal cases by either warrant or summons, they prosecute cases and deal with offenders.Legal Profession
While not strictly part of our legal system, the legal profession does play an important function in its operation. You should read the textbooks on the terms used to describe lawyers, the differences between barristers and solicitors etc. In Nigeria, there is no distinction between both. Most professional people need to work with lawyers at some stage and you should know the structure of the legal profession. You should also be aware that the legal profession is continually undergoing change.

CONCLUSION
You have seen that the Legislature makes laws, the Executive enforces them while the Judiciary interprets and administers. The hierarchy of courts has also been discussed and demonstrated. You should also draw up the organogram. The Jurisdiction of each is of utmost importance since a party invariably stands to lose his/her case if he files her cause in a wrong court. You should also be familiar with the geographical, original and appellate jurisdictions of courts.

Consider some of the following issues: The appointment of judges. They are appointed from the leading barristers but is that an appropriate system? One criticism of judges is that they do not truly represent society. If the system was adopted where judges are separately trained for that office – in fact a separate career path from practicing lawyers – then perhaps some of the existing criticisms of judges would diminish. If all persons could apply to be trained as judges upon leaving the Law School (as occurs in some countries), then perhaps a wider cross section of the community and gender would be represented on the bench. Such a system might also meet the criticism that good barristers do not necessarily make good judges. The role of barristers is quite a contentious issue. Should barristers robe for court proceedings? One view is that this practice is absurd in this day; others consider that it brings some degree of solemnity and respect for the court system. Note in this context the quote from Dickens following

A final contentious matter is whether the profession should be divided between solicitors and barristers, or remain united. And I am by no means a wholesale admirer of our legal solemnities, many of which impress me as being exceedingly ludicrous. Strange as it may seem too, there is undoubtedly a degree of protection in the wig and gown – a dismissal of individual responsibility in dressing for the part – which encourages that insolent bearing and language, and that gross perversion of the office of a leader for The Truth, so frequent in our courts of law. Still, I cannot help doubting whether America, in her desire to shake off the absurdities and abuses of the old system, may not have gone too far into the opposite extreme; and whether it is not desirable, especially in the small community of a city like this, where each man knows the other, to surround the administration of justice with some artificial barriers against the ‘Hail fellow, well met’ deportment of everyday life. (Source: Dickens

SUMMARY
In this Unit, you have learnt about the judiciary, its jurisdiction and personnel. You also differentiated between federal and state Courts and other components of the Legal System. In the next Unit, we shall discuss the related issues of Separation of Powers and the Rule of Law.

source: https://projectandmaterials.com/emrisolution/2015/04/21/the-nigerian-legal-system-administration-and-enforcement-of-law-the-nigerian-legal-system-overview/

Certain political development in early 1950s were responsible for the introduction of lytteton constitution, first, there was the crisis of opinion among the three major political leaders as the question of Nigerians independence in 1956.
Secondly, the resignations of certain group from the council of ministers, these crises were compounded by the Kano riot in 1953. The Kano riot leads to north south dichotomy. However, and in order to resolve the political tension, mr. Oliver lytteton proposed the meeting of the three major political parties as represented by the political leaders in London.

Unfortunately, rather than lytteton understanding the political crises in term of sharp ethnic rivalry for economic power, he rather saw the problem as providing more regional power to each of them, i.e. to regional autonomy, rather than economic power. By January 1954, the political leaders re-assembled at Lagos conference to effect constitution reform.

The reform includes:
The establishment of public service both at the federal and regional level
The establishment of judiciary at both the federal and regional level
Southern Cameroon was granted quasi-federal status
The introduction of fiscal and monetary policies for local interest all these laid down the formation of October 1954 lytteton constitution
Features of lytteton constitution of 1954
The governor now became governor general of the federation while lieutenant general became the governor
The constitution created the office of the speaker and the deputy speaker to preside over regional legislatives with the exception of the north
The constitution established regional premiers to head regional executive council and appointment ministers to take charge of government department
The enlargement of the member of the federal house of representative-the north had 92, east and west 42 respectively, southern Cameroon 6 and federal capital territory 2 (Lagos) definitely there was a federal unicameral legislation.
There was no provision for the office of the prime minister
There no provision for the house of representative
The federal power exercise direct influence on Lagos and southern Cameroon
Northern Cameroon was administered as part and parcel of northern Nigeria administration.
There was clear division of power between the federal and regional administration.
Merit of lytteton constitution of 1954
There was clear division of power for the first time between the two levels of government (i.e.) the federal and the regional government in which each was autonomous in its own area of jurisdiction, this was the beginning of federal system of government in Nigeria.

This constitution began the ideal of direct election to both the federal and regional legislature in Nigeria.
Nigerians were appointed ministers for the first time with portfolio
The introduction of permanent secretaries and parliamentary secretaries.
Demerit of lytteton constitution of 1954
There was the absence of bi-cameral legislature, the constitution did not make room for two chambers and hence there was no check and balances
The constitution created a system of divide and rule, the constitution favoured the north more than the east
The constitution do not provide for the office of the prime minister at the federal level.
This means that the absence of the governor general who is the president of the federal executive council: there was no other substitute leader to lead the council in its deliberation this made the council inactive.Ministers were appointed base on the three major political parties which were appointed base on the three major political parties which were regional based. This made the central executive ineffective due to the fact the loyalty of the ministers belongs to their respective region.

source: https://projectandmaterials.com/emrisolution/2014/10/09/lyttteton-constitution-of-1954-the-background-features-merit-and-demerit/

This unit will introduce the students to the History and sources of Criminal Law in Nigeria. It would enable the students to know the purpose of Criminal Law as well as the nature of crime. The unit is ramified as follows:

1.0 INTRODUCTION
The Nigerian society is made of people with diverse cultures, behaviours and ways of life. The people relate with one another in the course of their daily existence. In this process, some people intentionally or advertently often step on the toes of others. A redress has to be put in place in order to check the excesses of the defaulting person or group of persons if peace and order are to be maintained in our organized society. It is on the foregoing premise that government has to put in place criminal law which regulates the conduct of the people against fellow citizens and government (public) and private establishments, and individuals.
Criminal Law which is the law of crime in Nigeria has a good history and was developed from sources, the subject matters or which will be examined in greater details in this unit.

2.0 OBJECTIVES
At the end of this unit, you should be able to: state the source of our criminal law give account of the history of the criminal law in Nigeria explain the whole essence of criminal law show how crime could be identified and even distinguished from what it is not.

3.0 MAIN CONTENT
3.1 Sources of Nigerian Criminal Law
The important source of Nigerian Criminal Law is the English common law which is the law created by the custom of the people and decisions of judges in England.

But what appears to be the dominant source of Nigerian Criminal law are the various statutory enactments such as the constitution, the Acts of the National Assembly, the Government Councils and Subsidiary Legislations of government department. It may also include Decrees and Edicts on criminal matters promulgated during military regimes. The above statutes which we have mentioned may be grouped into three distinct categories. The first are the many statutes made by the Federal, States and Local Government Councils in Nigeria which take care of various technical or specific offences whose purpose is to regulate the conduct of the people through sanctions or punishments contained in such offences.

The second category of criminal statutes are the Criminal Code Act, cap 77 Laws of the Federation of Nigeria and the Penal Code Law of 1959 which came into effect in 1960. While the Criminal Code applies in the Southern States of Nigeria, the Penal Code applies in the Northern States of Nigeria. These two codes criminalize many offences which are intended to regulate the conduct of the people.

Another source of Criminal Law, though secondary in classification, is judicial Precedent which manifests in courts decisions interpreted to give precision to some difficult legislative provisions.

SELF ASSESSMENT EXERCISE 1
1. What are the sources of Nigerian Criminal Law?
2. Can you validly say that our Criminal Law has an origin?

3.2 History of Criminal Law in Nigeria
In pre-colonial Nigeria, there was in existence, some systems of customary criminal law which regulated the standard of behaviour of the people. They were generally unwritten.

The Moslem community in the North had a highly developed system of Moslem law of crime with different schools, though; the maliki was the most dominant. Paganism was also practiced with its unique Paganism criminal law.

The Lagos colony had the modern English common is law which was introduced by ordinance No. 3 of 1863. The various political evolutions which went on in the various protectorates and colonies also led to the development of criminal law in Nigeria.

In 1904, Lord Lugard, the governor of the Northern protectorate introduced by proclamation a Criminal Code which incidentally was made applicable to the whole of Nigeria in 1916 after the famous amalgamation in 1914.

Following intense advocacy by the Northerners, the Penal Code Law, No. 18 of Northern Region was introduced in that Region. That exercise also restricted the Criminal Code of 1916 to apply only in the Southern part of Nigeria. The Penal Code was tailored against the background of the Cod of Sudan which itself had its origin from the Indian Penal Code of 1860.

Elsewhere in Nigeria and particularly in some part of the South, there was also the application of customary criminal law. At the 1958 Constitutional Conference, it was decided that Customary Criminal Law be abolished in Nigeria and that decision was articulated in the 1959 Bill of Rights developed by Nigerians and submitted to the Colonial Government in London.
The British Home Government approved the request and same was incorporated in section 22 (10) of the repealed 1963 Republican Constitution. That section of the constitution read “No person shall be convicted of a criminal offence unless that offence is defined and the penalty therefore is prescribed in a written law”.
The foregoing was the basis for the court’s decision in the case of Aoko V. Fagbemi (1961) I All M 400. In that case, the court held that a woman cannot now be convicted for adultery (a morally reprehensible conduct) which has not been elevated to the level of a crime in the Criminal Code.

At the moment, Nigeria operates a dual Code system because of the applicability of the Criminal Code and the Penal Code. Furthermore, for effective administration of Criminal Law in our courts, the law of criminal procedure was codified as Criminal Procedure code of 1960 for
the North and the Criminal Procedure Act, cap 80, Laws of Federation of Nigeria 1990.

SELF ASSESSMENT EXERCISE 2
Trace the history of Criminal Law in Nigeria
Discuss the duality of Criminal Code in Nigeria.
3.3 Purpose of Criminal Law
Criminal law exists and it is studied in order to ensure true knowledge of the law by the people, to be familiar with the nature of crime, the proceedings to be adopted in prosecution and the punishments which the law has put in place against the offenders.
For example, the objects of criminal law according to the Wolfenden Committee on Homosexual offences and protection are:

a. To preserve public order and decency
b. To protect the citizens from what is offensive and injurious and c. To provide sufficient safeguards against the exploitation and corruption of the more vulnerable members of the society.

SELF ASSESSMENT EXERCISE 3
What is the importance of Criminal Law to Nigerians?
3.4 The Nature of Crime
In order to understand the nature of crime, one has to look at the legal consequences which may follow it. For example, if the wrongful act or omission is capable of being followed by what is called criminal proceedings, that means it is regarded as a crime other wise, called an offence. If it is capable of being followed by la civil proceedings that means it is regarded as a civil wrong.

Crime or criminal wrong on the one hand and civil wrong on the other hand could be distinguished from each other. The true distinction between a crime and a civil wrong lies not in the nature of the wrongful act but in the nature of the proceedings and in the legal consequences that may follow.

SELF ASSESSMENT EXERCISE 4
How can you distinguish a crime from a civil wrong?
Write short notes on the varieties of punishment which the law has put in place for offenders.
4.0 CONCLUSION
In this unit, you have been exposed to the history and sources of Criminal Laws in Nigeria. It has also sufficiently demonstrated that nobody can be punished under the laws in Nigeria except the law is written and punishment defined.

5.0 SUMMARY
This unit has revealed the facts that Nigerian Criminal Law developed from English common law The sources of Nigerian Criminal Law are technical statutes on criminal matters as well as the Criminal Code and the Penal Code and that case law is a secondary source. There was in existence unwritten and indigenous laws in Nigeria before the advent of British rule The criminal law is instituted in order to regulate the conduct of the citizens. It is the nature of proceedings and the legal consequences which follow particular conduct or omission which characterize the nature of crime.

6.0 TUTOR-MARKED ASSINGMENT
Carefully trace the evolution of Criminal Law in Nigeria.

source: https://projectandmaterials.com/emrisolution/2015/05/06/history-and-sources-of-nigerian-criminal-law/

1.0 INTRODUCTION
Another realm of African religion is that of belief in magic and medicine. In fact, it is very important to state that the 21m century scientific approach to the world has not been able to rub off the belief in the existence of witches totally in Africa. Even the mode of prayer in most Neo-Pentecostal churches testifies to the African belief in the existence of witches. Western education has also not been able eradicate this belief as those who are learned still have a tingling sensation when they are confronted with the inexplicable. In this unit, you are going to learn about the African belief as far as witchcraft and sorcery is concerned.

2.0 OBJECTIVES
By the end of this unit you should be able to:

discuss what the Africans believe about witchcraft
identify what sorcery is
discuss the modus operandi of witches and sorcerers.
3.0 MAIN CONTENT
3.1 Witchcraft
Africans believe that witches are people with an inherent power by means of which they can do anything, especially negative things in the world. It is however believed that some of the witches may have acquired the powers for the purpose of helping their children, but it is held by and large that their powers are used for evil and anti-social Africans believe that witches are mostly women though some men are found in their rank and file who hold some important office. It is further held that some people are born with the powers of witchcraft while others acquired it. Also, it can be passed on to people by means of sharing food that is given by a member who wants to initiate the person. It is usually thought that a person may possess the power without realizing it. However, whether they are aware of it or not, they can use the powers and this is why in Africa the concept of witchcraft is mystifying, appalling and sinister.

Witches operate mainly at night. They meet in the guilds and they meet spiritually. This is to say that the meetings are mainly the activities of the souls. This is why it is believed in Africa that witches leave their physical bodies at home asleep in their houses while their souls have went off to their meeting. To be able to do this, it is believed that they can take the form of a cat (especially black), an owl or bat. It is also believed that if this animal or bird whose form is taken is killed during the process, the witch using the body automatically dies.

It is also believed that at meetings members must supply a human victim, presumably somebody close to them and in whose well being they have deep interest. It is also believed that witches have powers to spoil medicines and render magic useless because they know the plants, roots, herbs and barks the magician and the medicine-men use. As a result of this, some medicine-men collaborate with witches so that they can work successfully. They are thought to be so potent that they can be the cause of misfortune and illness. People hold them responsible for accidents, sudden deaths, poverty, barrenness and a host of human miseries.

3.2 Sorcery
Sorcery is the application of bad magic on people or object. It is generally held in Africa that sorcery can be used to harm people, destroy life or property, disrupt the well-being of an individual and to change a happy destiny to an unhappy one. Generally speaking, sorcery stands for anti-social employment of physical powers. Thus, a person who uses bad magic is called a sorcerer and they are usually feared by all because of their mischievousness.

It is believed that sorcerers are capable of employing all sorts of ways to attack other people and their belongings. They can send flies, snakes, lions or any other animal to attack their target. They can even spit on the ground and command their spittle to go and harm another person or even go to the extent of invoking evil spirits to attack or possess their victims.

They have been said to have called upon lightning to attack their victims; they have also b en said to cause elephantiasis of the legs and others have used direct poisoning on their victims. It is also possible for them to attack their enemies through invocation and incantation. In doing this, they usually employ sympathetic or contagious magic. For example, they can prepare an effigy and invoke the spirit of their target into the effigy. After this, they can harm the person through whatever is done to the image into which the person’s spirit has been invoked. For the purpose of preventing themselves from being harmed by sorcerers, the use of charms, amulets and various type of medicines, either taken directly (orally) or through incisions is prevalent.

4.0 CONCLUSION
The two negative areas that have to be studied is the African belief in witchcraft and sorcery. There is prevalent belief in witchcraft in Africa that has not been eroded despite the many years of contact with European or Western civilization. Even educated Africans have not been able to totally rid themselves of this belief. Belief in sorcery too is prevalent. This can be seen in the forms of prayers being offered in many churches in Africa today.
5.0 SUMMARY
The following are the major points you have learnt in this unit:

Belief in witchcraft and sorcery is prevalent in Africa.
They are believed to be able to cause misfortune to human beings
They both use their mystical powers negatively.
6.0 TUTOR-MARKED ASSIGNMENT
Discuss the African belief in witches and sorcerers

source: http://projectandmaterials.com/emrisolution/2015/05/07/witchcraft-and-sorcery/

1.0 INTRODUCTION
The Nigeria Police Force is a constitutional creation. It is saddled principally with maintenance of law and order and the prevention, detection and suppression of crimes in or society. It also has a principal role to play in the administration of criminal justice in Nigeria. From the complaint stage up to the point of trial and conviction, the police is involved.

2.0 OBJECTIVES
At the end of this unit, you should be able to:

show that the Police Force is an important institution in Nigeria show that the Police Force plays a significant role in criminal justice administration in Nigeria
explain that the functions bestowed on it by the enacting authority
are intended for maintenance of law and order.
3.0 MAIN CONTENT
3.1 Historical Evolution
The Nigeria Police Force is a government agency whose sole responsibility is to enforce and maintain laws and orders. The Black’s Law Dictionary 6th Edition at p. 1156 defines the police as “The Branch of government which is charged with the preservation of public order and tranquility, the promotion of the public health, safety and morals, and the prevention, detection and punishment of crimes”. The Longman dictionary of Contemporary English defines the police as an official body of men and women whose duty is to protect people and property, to make everyone obey the law, to catch criminal etc.

The Nigeria Police has an antecedent that cannot be forgotten too soon. According to historical analysis, it is often said that even in the unrefined pre-colonial Nigeria, there existed institutions that played the roles of keeping the peace, preventing crimes.

This moved from the very unrefined era up to the twilight era. Writing in his book – Constitutional Law in Nigeria – particularly at p. 433 Professor Oluyele said it all thus “Although it is arguable, the tribes, individuals, communities and towns in the land area now known as Nigeria, had their own system of police force… the truth is that the Nigerian Police Force found in our statute books today, was introduced into this country by the British”. Therefore it is apt to opine that the origin, development and the role of the British inspired police system was shaped by the nature of European interest in this part of the world and the reactions of native communities. Thus when Mecoskry, the British Consul discovered that king Dosumu and his chiefs opposed the annexation of Lagos and situation was rather dangerous for his safety, he began to establish a police force. That exercise began the fist modern police force in the history of the colony of Lagos. It was also the first modern police force in the territories later designated as Nigeria.

3.2 Establishment
The Nigeria Police Force is established by section 214 of the 1999 Constitution and that section provides thus “There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provision of this section, no other police force shall be established for the federation or any part thereof”.

Section 214(2) of the Constitution afore said provides that subject to the provisions of the Constitution (a) the Nigeria Police Force shall be
organized and administered in accordance with such provisions as may be prescribed by an Act of the National Assembly.

Against the background of the foregoing there is the Police Ac, Cap 359 LFN 1990. Section 4 of that Act has spelt out in detail the duties of the police. That section reads “The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or without Nigeria as may be required of them by or under the authority of this or any other Act.”

From the above provisions of section 4 of the Police Act, it is apposite to say that the police is an indispensable tool in the administration of criminal justice in Nigeria. The duties of the police are summarized as follows

3.3 Arrest
This is the logical starting point in criminal proceedings. It is the act of securing the appearance of the offender before a court of competent jurisdiction. An arrest is effected by the police officer or officers making the arrest actually touching or confining the body of the person to be arrested, unless there is submission to the custody by words of mouth or action.

Except where the person to be arrested submits to the custody of the officer effecting the arrest when he is informed unequivocally that he is under arrest, an arrest cannot be effected by mere words of mouth. The person to be arrested must actually be touched or his body confined or whichever is suitable at any given circumstances. The case of Sadiq v. The State (1982) 2 NCR 142 graphically illustrate what constitute arrest in the eyes of the law. In that case, the accused was invited by a police officer to the police station for questioning over the commission of an alleged offence. The accused refused to accompany the police officer to the police station. Thereafter, other officers were sent to the accused and she was persuaded to accompany them to the police station. The accused was charged and convicted of the offence of resisting police arrest. On appeal against her conviction, the appellate court held that the appellant was never arrested by the police officers because there was no restraining of the appellant.

There are two ways by which an arrest can be made:
Arrest with Warrant and
Arrest without Warrant

3.3.1 Arrest with Warrant
A warrant of arrest is an authority issued by a court to a police officer to arrest an offender. It is directed to a police officer ordering such officer to arrest the offender and bring him before the court to answer the allegations made against him. It is usually issued by a magistrate or a judge of a High Court after receiving complaint on oath that a person has committed and offence. A warrant may be executed on any day including Sunday or a public holiday, at any time and in any part of the State other than within the actual court room in which the court is sitting. See section 28(1) and (2) of CPA cap80 LFN 1990, and section 63 of CPC, cap 81 LFN 1990.

3.3.2 Arrest without Warrant
This is the commonest method of bringing an offender before the court. In order to avoid any ugly situation of allowing offenders to escape arrest, powers to instant arrest are necessary for the effective administration of criminal justice. The police are generally and generously endowed with three powers by the CPA, CPC and the Police Act.
Furthermore, sections 10, 11 and 55 of the CPA, section 24 of the Police Act, section 26 of the CPC and column 3 of Appendix A to the CPC, collectively empowers a police officer or officers to arrest a suspect without a warrant of arrest.

Under section 10(1) of the CPA, any police officer may without an order from a magistrate and without a warrant arrest:
Any person whom he suspects upon reasonable grounds of having committed an indictable offence against a federal law against the law of a state unless a written law creating the offences provides that an offender cannot be arrested without a warrant.

Any person who commits any offence in hi presence (I hold the view that in view of (a) above, (b) there should be properly re-couched in order to take care of the exception provided in (a) above).

Any person who obstructs a police officer while in the execution of his duty or who has escaped or attempt to escape from lawful custody.
Any person in whose possession anything is found which may reasonably be suspected of having committed an offence with reference to such a thing.
Any person whom he suspects upon reasonable grounds of being a deserter from any of the armed forces in Nigeria. See further sections, f, g, h, I, j of the CPA.
The power conferred on a police under section 10 (1)(b) of the CPA and section 26(a) of the CPC to arrest any person who commits an offence in his presence is an absolute power and therefore it is not subject to any limitation contemplated in section 10(1)(a) of the CPA. Thus even where the statute creating the offence provides that a person who commits the offence cannot be arrested without a warrant, that limitation is ineffective if the offence is committed in the presence of a police officer. See section 10(1) (b) of the CPA.

In exercising the power given in section 10(1)(a) of the CPA, the grounds for reasonable suspicion may be either a police officer’s own knowledge or facts stated to him by another person – see the case of IGP vs. Ogbomor (1957) WRNLR 200 where it was held that under section 10(1)(a) of the CPA, a police officer could arrest without a warrant a person on whom he knows there is a pending charge for an indictable offence, and for whom the police are looking, such knowledge affording the ground for reasonable suspicion.

Section 11 of the CPA and section 26 of the CPC gives the police the power to arrest any person suspected of having committed an offence who refused to give his name and address and may eventually give information that is false.
Section 55 of the CPA and section 26(e) of the CPC gives the police power to arrest any person known to be designing to commit any offence, it is appears to the officer that the commission of the offence cannot otherwise be prevented.

3.3.3 Life Span of Warrant of Arrest
A warrant of arrest once issued remains in force until the offender is arrested or the judge or magistrate vacates it or cancel it – see section 25(2) of the CPA and section56(2) of the CPC. It therefore does not cease to be valid after any period of time before its execution.
However, if any arrest has been made on its authority and the person arrested is later released, the warrant is no more a valid authority for re- arresting him. A new warrant has to be issued.

3.4 Searches
When a person is arrested by the police for having committed an offence, it may be necessary for the police to conduct a search of the person depending on the nature of the offence alleged against him. The search may be necessary in order to obtain evidence to be used at the trial of the offender.
A search may be conducted on persons and on things. With regard to search of a person, see section 29 of the Police Act provides “A police officer may detain and search any person whom he reasonably suspects of having in his possession or conveying in any manner anything which he has reason to believe to have been stolen or otherwise unlawfully obtained”.
In conducting search, the police has the authority to remove everything with the accused apart from the apparel he was wearing – see section 6(1) of CPA and section 44(2) of he CPC.

Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman. Further, the search of female suspect shall be with strict regard to decency. In other words, it is the female officers who should search female suspects.

Search of Premises
The general rule is that for a premise to be searched, a warrant must be obtained by the police. However, if a person to be arrested under a warrant of arrest is suspected of being in a premise, a search of the premise may be conducted for the persons being sought without a search warrant. See section 7 of the CPA and section 34 of the CPC. Thus, a warrant of arrest is also an authority to search a premise. A search warrant may be issued by a magistrate when he is satisfied upon oath and in writing that there is a reasonable ground for believing that any building, ship, carriage, receptacle or place is being used for the commission of an offence – see section 107(1) of the CPA.

A police officer of the rank of cadet ASP can issue a search warrant but this power is not wide as that of a magistrate. The reason is that he can only issue search warrants on any shop, warehouse or other premises which within the proceeding of 12 months was in occupation of any person convicted of receiving stolen property or harbouring thieves or fraud or dishonesty and is liable to be imprisoned – see section 24 of the Police Act.
On the time for execution of a search warrant, I refer you to section 111 of the CPA and for the execution of search warrant generally, see section 112 of the CPA and sections 78(1), 79 and 81(1) of the CPC. 3.5 Prevention of Crime
In order to play their role in the administration of criminal justice, the police is conferred with certain powers in relation to prevention of crimes by some statutes. Let us now examine them thus:

Section 4 of the Police Act provides inter alia that the police shall be employed for the prevention and detection of crimes, the apprehension of offenders and the preservation of law and order.
Also, section 53 of the CPA provides that a police officer may intervene for the purpose of preventing and shall to the best of his ability prevent the commission of an offence.
For more see also sections 54 and 55 of the CPA.

Again, section 275 of the criminal code particularly in its 2nd limb says that is lawful for a peace officer or police officer who witnessed a breach of the peace, and for any person lawfully assisting him, to arrest any person whom he finds committing it, or whom he believes on reasonable grounds to be about to join in or renew the breach of the peace.

3.6 Granting of Police Bail
Any person arrested by the police without a warrant on suspicion of having committed an offence must be taken to court by the police within one day (24 hours) if there is a court of competent jurisdiction within a radius of 40 kilometers of the place of the alleged commission of the offence. In any other cases, a period of two days (48 hours) or such longer period as in the circumstances may be considered by the court to be reasonable – see section 35(5) (a) and (b) of the 1999 Constitution and section —- of the CPA.

The issue of police bail arises after a person arrested without a warrant of arrest is taken to the police station. The officer in charge of the police station may admit the suspect to bail pending subsequent investigation into the matter. The suspect is usually granted bail upon his entering into a bond or recognisance with or without sureties to appear at the police station at such time as are named in the bond. See section 17 and 18 of the CPA. The bail granted by the police while investigations are continuing into the allegation against the accused is to enable him to secure his release on condition that he will return to or appear at the police station at the specified time in the bond.
But in practice where a capital offence i.e. murder is alleged against a person detained by the police, the police has certainly be detaining the person longer than 24 or48 hours as the case may be but this is against the provisions of the constitution (1999) and there should be a refrain by the police.

3.7 Institution and Conduct of Criminal Proceedings
This duty of the police is contained in section 35 of the Police Act which states “Subject to the provisions of section 150 and section 195 of the Constitution of Nigeria 1999 (which relates to the power of AG of the Federation and AG of a state to institute and undertake, take over and continue or discontinue criminal proceedings against any person before any court of laws in Nigeria) any police officer may conduct in person all prosecutions before any court whether or not the information is laid in his name.
From the foregoing, a police officer can institute proceedings against any person in all courts of law in Nigeria, thereby undertaking his duty of due enforcement of all laws and regulations with which he is charged. But in practice, a police officer’s duty to institute criminal proceedings in the superior courts and sometimes in magistrate courts in serious cases.

4.0 CONCLUSION
This unit has stressed the importance of the Nigeria Police in the criminal justice system in Nigeria. It also stresses the reason behind the numerous statutory powers conferred on the Police i.e. power of arrest, search, prosecution, detain, grant bail, prevention of crime and the centrality of the Police to good governance and accountability.

5.0 SUMMARY
The Nigeria Police Force is created by law to maintain law and order in the society.
Section 24 creates the Nigeria Police Force.
The Police has authority to arrest suspected criminals.
It also has the power to search.
It prevents crimes in the society.
It can also grant bail whenever the need arises.
It has the power to institute and conduct criminal proceedings.

6.0 TUTOR-MARKED ASSIGNMENT
Trace the historical evolution and establishment of the Nigeria Police Force.
Under what circumstances can the police arrest a suspect without a warrant?
What are the duties of the Police Force in Nigeria?

SOURCE: https://projectandmaterials.com/emrisolution/2015/05/06/the-police-and-the-administration-of-criminal-justice/

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