THE NEED TO STRENGTHEN THE LEGAL DEPARTMENT OF THE NIGERIA POLICE FORCE FOR EFFECTIVE JUSTICE DELIVERY

THE NEED TO STRENGTHEN THE LEGAL DEPARTMENT OF THE NIGERIA POLICE FORCE FOR EFFECTIVE JUSTICE DELIVERY

By Hamza Nuhu Dantani, Esq.

Constitutional Lawyer and Rights Activist.

Every day across Nigeria, police officers risk their lives to arrest armed robbers, murderers, kidnappers, rapists, and violent criminals. Yet, time and again, these same criminals walk free, not because they are innocent, but because the system fails at a time it matters most: the courtroom.

At the heart of this systemic failure lies a silent crisis—the grossly neglected legal department of the Nigeria Police Force. Understaffed, underfunded, and overwhelmed, this vital arm of law enforcement is struggling to prosecute crimes, defend civil suits, or even appear in court. The consequences are grave: lost cases, emboldened criminals, and a justice system that increasingly serves the powerful while frustrating victims and ordinary citizens.

This is not just a capacity problem; it threatens public safety, accountability, and the foundation of the rule of law.

Why the Police lose cases and the cost of neglect

The Police continue to lose high-profile criminal cases and fundamental rights enforcement suits, not for lack of merit but due to the legal department's inability to handle them effectively. These losses are not only legal setbacks but also send the wrong message to society: that the state is either incapable or unwilling to see justice through.

In Abiodun v. State (2023) 6 NWLR (Pt. 1897) 97, the Supreme Court, on the duty of counsel to be diligent in prosecuting criminal cases, stated that counsel representing litigants, especially in severe criminal cases, needs to pay particular attention and give their all.

I have witnessed cases where suspects were charged in court, and no police prosecutor was present on the day of trial, or worse, the police were unaware the matter was in court. Such errors are inexcusable and only embolden criminals while eroding the confidence of victims and citizens in the justice system.

One Lawyer, Hundreds of Cases: An Impossible Burden

A key reason for these failures is the acute shortage of qualified legal personnel within the Police Force. Often, a single police lawyer/prosecutor is expected to manage hundreds of cases. I believe this is an impossible task in any serious justice system.

These overstretched lawyers cannot offer diligent prosecution or mount an effective defense in suits against the Force. The outcome is predictable: justice is delayed, cases are struck out for lack of diligent prosecution, criminals are released, and heavy damages are awarded against the police due to lack of representation or poor legal representation.

No Motivation, No Remuneration

Beyond the crushing workload, lawyers in the legal department of the Nigeria Police Force receive scandalously poor financial remuneration. I have heard cases of prosecutors who finance instances at their expense, covering court filings, transportation, and basic logistics from their pockets. There is no structured reimbursement system, and promotions are inconsistent and unrewarding.

This has resulted in low morale, brain drain, and professional fatigue. When accused persons can afford senior advocates of Nigeria as their defense lawyers, it is unjust to expect police prosecutors to face them without adequate tools, support, and motivation.

Low Budget: A Department Starved of Resources

The budget for the Police legal department is grossly inadequate, particularly for a department at the heart of law enforcement. Legal battles today require trained legal minds, digital tools, research support, and access to modern legal resources. Yet, the department barely has enough to run its basic operations.

The cost of this is evident in delayed cases, dismissed charges, and default judgments in fundamental rights suits. The Police continue to incur heavy damages awarded by courts simply because they did not have legal representation.

As a constitutional and criminal litigation lawyer and committed human rights activist, I know this dysfunction affects everyone. It leads to:

Endless court adjournments and prolonged trials;

Dangerous criminals walking free due to lack of diligent prosecution;

Millions of Naira paid in court-awarded damages in fundamental rights enforcement suits and

Loss of public trust in the police and the legal system.

If law enforcement stops at arrest and justice collapses at the prosecution stage, then society becomes more unsafe and unstable.

A Call to the Inspector General and Other Key Stakeholders

This situation requires urgent intervention. The Inspector General of Police, the Chairman of the Senate / House of Representatives Committee on Police Affairs, the Police Service Commission, and all justice-sector stakeholders must rise to the occasion.

Recommendations to transform the police legal department:

Recruit More Lawyers: Every Police division, Special Tactical Squad, Police Formation, or Unit should have a fully staffed legal department with 5 to 10 qualified lawyers, depending on the size of the division or formation.

Improve Welfare and Remuneration: Legal officers should be adequately paid, equipped, modernized, and create modern research environments. They should also be provided with operational support and rewarded with regular promotions and career advancement opportunities.

Allocate Adequate Budgetary Support: The legal unit should be well-funded to handle modern legal demands, including court filings, digital access to law databases, and legal research tools.

Ensure Functional Prosecution Across Divisions: Prosecutors must be in courts in every major division. No criminal case should fail because a prosecutor was absent.

Introduce Accountability for Human Rights Violations: Police officers who infringe on citizens' fundamental rights, especially where damages are awarded, should bear personal or supervisory responsibility. This will serve as a deterrent and improve internal discipline.

Conclusion

Policing does not end with arrests; justice is only complete when convictions follow due process in court. The Police cannot fulfill their constitutional role if their legal department remains weak and unsupported. Strengthening the legal department is not a luxury; it is necessary for national security, human rights, and the rule of law.

Justice in Nigeria cannot be effective until the legal department of the Nigeria Police is rebuilt, restructured, and fully equipped to meet the demands of modern criminal justice. The time to act is now!