Police Brutality and the #EndSARS# Protests in Nigeria: Appraisal of the Legal Issues

Abstract

The Police are state officials charged with the duties of law enforcement and other responsibilities. They are empowered to use reasonable force in the discharge of their duties, which is regulated by international human rights norms, national constitutions and other legislations. However, despite the restraints on police use of force, the Police often over step their boundary and use force beyond the limits permissible by law. In Nigeria, the indiscriminate use of force by the Special Anti-Robbery Squad (SARS) led to the popular #EndSARS# uprising, which took over Nigeria like a whirlwind. In the wake of the Protests, this paper examined the legal issues that arose from the protests involving the legal limits of police use of force, the factors that determine when and how the police deploy the power to use force and the impediments to police use of force in Nigeria. The paper found that there are constitutional and other legal provisions that encourage the police to use excessive force in performing their duties of securing the country. It was recommended that both sections 33(2)(b) and 214(1) of the constitution and section 271 of the Criminal Code must be amended to redefine the limits of police powers to use force in Nigeria.

Keywords: Police, policing, brutality, torture, human rights, EndSARS, protests, popular uprising.

DOI: 10.7176/JLPG/119-02

Publication date:March 31^st 2022