By SUNDAY EHINDERO, IGP(Rtd.)

PREAMBLE

Every profession has got its Code of Conduct for the control of conduct of their members. You have codes of conduct for the legal profession, medical profession, business ethic and ethics in government and so on. Until recently in August 2013, the Nigeria Police has no code of Conduct for its members. It is true that Part XV of the Police Act, CAP, F19 Laws of the Federation of Nigeria 2004 has provisions for Code of Conduct for Police Officers.

Its provisions are not only outdated but also inadequate to meet the  needs of policing in the modern world. Of course, you have the Code of Conduct for Public Officers contained in the Fifth Schedule of the Constitution of Nigeria 2010 as amended. There is also the United Nations Code of Conduct for Law Enforcement Officers. All these Codes establish standards of conduct binding on police officers, inter alia.

Theoretical Framework

The context of policing is changing. So also are the challenges of policing fluid. The world is faced with increasing globalisation. National boundaries are more and more irrelevant both in the commission of crimes and the prevention and detection. Terrorism, trafficking in human beings, dealing in drugs, money laundering and cyber crimes do not respect national boundaries. A new world disorder of clashes of civilisations, rapid technological and social change, pressure for National Governments to provide security are emerging. Such pressure also find expression in Nigeria and the Security Operatives.

*Ehindero

A new agenda or broader mission for policing based on the protection of human rights may offer policing a new platform for legitimacy and authority. Human rights has ethical catchet. It enjoys moral power by its commitment to human flourishing and a reduction in cruelty and humiliation.

The police duty of providing a service to the public carries with it a special duty of care; a duty to deliver such service in a way which respects the fairness, dignity and autonomy of the individual. A high-tech, highly trained police force operating with sensibility, impartiality and integrity is advocated. The Nigerian society needs an open and accountable police force trained in the proper exercise of discretion. Therein lies the importance of ethics in policing.

Importance of ethics to police duties

Police have discretion to make decisions which affect the life, liberty and property of individuals. The knowledge of ethics will enable police to make the right decision. The police have a duty to enforce the law. The knowledge of ethics would enable police to enforce the law with human face exhibiting high standard of integrity and impartiality. Ethics is the greatest training and leadership needs in the Nigeria Police Force.

Its knowledge will guide police officers’ conduct and ethical behaviour. This is more so as stewardship is at the heart of policing. And this stewardship demand ethical standard and practitioners of high moral character. The study of ethics helps to develop police grasp of these standards, their ability to think critically, weigh up the consequences of their decisions and understand their personal responsibility.

To achieve ethical policing there is the need to take cognaisance of the character of the personnel; the need to recruit men who have a habit of integrity. Although character is necessary, it is not sufficient. The environment of temptation for police officers is also important.            How can police officers make the right judgments?

The idea is on competent based training for police officers to do things right rather than to do the right thing. The focus is on skills, knowledge and procedure. Our laws are precedent driven. So police rely on procedure developed in response to problems. While this provides for stability and certainty, the level of change and challenges confronting the police requires reflective, analytic, ethical and value driven approaches.

More and more police officers are being asked to account for the decisions they take. A response that ‘Oga at the top directs’ will not suffice. A grasp of ethics and the ability to relate theory to practice are essential part of policing. For instance, discretion or the scope for choice is highly significant in policing. Ethics will enable police officers  exercise discretion fairly and impartially with integrity.

Code of Conduct for Police Officers

Code of Conduct for police officers is necessary because of a few overzealous officers and the fact that police sometime succumb to the pressure of public expectations and circumvent the law. The benefits of such a code lie not only on improved police service delivery; an awareness of the ethical implications of decision making; a significant reduction in unethical behaviour; improved confidence and trust in the police and improve public perception of police actions.

It is with these in mind that I examine  the recent Code of Conduct for Officers and Men of the Nigeria Police Force published by IGP M.D. Abubakar. The Code contains eight principles. Every police officer is expected to aspire to their attainment. A police officer breaching the Code does so at his own peril of discipline. Regrettably, the Code does not contain scales of sanctions.

The purpose of the Code ‘ is to provide all members of the Nigeria Police Force with a set of guiding principles and standards of behaviour while on and off duty. It is intended to be used by Police Officers in determining what is right and proper in all their actions…It will enable Policemen to know what is right and what is wrong.’

Principle One provides that ‘ Police Officers shall conduct themselves, whether on or off duty, in accordance with the Constitution of the Federal Republic of Nigeria and all applicable laws, ordinances and rules enacted or established pursuant to legal authority.’

There are four Rules under this principle. These are that Police Officers shall not knowingly;

•exceed their authority in the enforcement of the law

•disobey the law or rules of criminal procedure in such areas as interrogation, arrest, detention, searches, seizures, use of information and preservation of evidence;restrict the freedom of individuals, whether by arrest or detention, in violation of the Constitution and laws of the Federal Republic of Nigeria; whether on or off duty, commit any criminal offence under any laws of the Federal Republic of Nigeria or any State or local jurisdiction in which the Officer is present, except where permitted in the performance of the duty under proper authority.

Principle Two provides that ‘Police Officers shall refrain from any conduct in an official capacity that distracts from the public faith in the integrity of the criminal justice system.