Extrajudicial killings by police remain a persistent stain on Nigeria’s law enforcement landscape, where officers sometimes resort to lethal force without judicial oversight, violating fundamental rights.
Nigerian law strictly limits such actions, emphasizing the sanctity of life as enshrined in the 1999 Constitution.
This article examines what the statutes prescribe amid ongoing reports of abuses, one of which is the recent shooting of a defenseless civilian in Edo state, Nigeria, by an armed police officer who wears the bodily tattoo “ogbegbe”, meaning gun shooter, when translated from the Igbo language.
The right to life, guaranteed under Section 33 of the 1999 Constitution (as amended), prohibits arbitrary deprivation of life except in executions following court judgments for capital offenses.
Police duties, outlined in the Police Act, include protecting life, apprehending offenders, and maintaining order, but explicitly bar excessive force.
The Criminal Code Act further deems any unauthorized killing unlawful, holding officers criminally liable for excess violence during arrests or duties.
Section 49 of the Criminal Code reinforces this by criminalizing the use of force beyond what is reasonably necessary, even in lawful apprehensions.
International standards, incorporated via Nigeria’s ratification of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, demand lethal force only as a last resort to protect life.
Yet, provisions such as those allowing shooting at fleeing suspects have been abused to justify executions, far exceeding UN Basic Principles on force.
Judicial interventions have sought to curb these excesses.
In cases like the 2019 killing of Kolade Johnson, the officer faced dismissal for “unnecessary violence,” underscoring accountability under the Criminal Code.
The Administration of Criminal Justice Act (ACJA) mandates magisterial inquiries into custody deaths, with Section 176(1) of the Criminal Procedure Code (now echoed in the BNSS equivalent) requiring judicial probes beyond police investigations.
These aim to prevent impunity, though enforcement lags.
Human rights bodies highlight a culture of impunity fueling the problem.
Amnesty International reports police routinely execute suspects without trial, often labeling them “armed robbers” in encounters.
The National Human Rights Commission must be notified within 48 hours of police station deaths, per guidelines, with inquiries completed in three months.
Failure to act swiftly perpetuates distrust, as seen in recurrent cases across states like Lagos and Rivers.
Reforms are overdue. The #EndSARS protests of 2020 amplified calls to repeal shoot-to-kill clauses and align with global norms limiting firearms to strictly unavoidable scenarios.
Panels of inquiry, like those post-EndSARS, recommended prosecutions and compensation, yet many officers evade justice.
Strengthening independent oversight, such as empowering the Police Complaints Response Unit, could enforce compliance.
Ultimately, while Nigerian law unequivocally bans extrajudicial killings—treating them as murder unless judicially sanctioned—the gap lies in implementation.
Robust training, body cameras, and swift prosecutions are essential to restore public faith.
Until police adhere strictly to constitutional and international benchmarks, these violations will continue to undermine Nigeria’s rule of law.