POLICE BRUTALITY IN NIGERIA: A LEGAL ANALYSIS OF DEHUMANIZATION AND A NEED FOR TRANSFORMATION

Introduction

Many suspects held in police custody have been given gifts of fractured limbs, broken jaws, subdued spirits, and stained reputations. Many have their penises tortured and pierced with needles and broomsticks, and or their finger and toenails forcefully dragged out of their skin. Many others have had their skin crudely tattooed with cigarette burns… An attendance at a police treatment of a suspect in Nigeria is akin to a surreal movie starring Gestapo, Nazi camp Commanders, and the Stasi in a race on who can invent more brutality with the least economy … the suspect is stripped naked of all “Humanity”. The average policeman erroneously views his role as a bully who has a duty to compel obedience to the authority of the state through the perpetration of serious violations of the rights of the individual. It has become a routine to accomplish this through torture, beating, arbitrary arrests and detention, as well as general harassment of the individual and communities.

Although the Grundnorm establishing this body states otherwise, Section 214 (1) of the Constitution establishes the police force as a body responsible for maintaining law and order. The sole purpose of the establishment is to achieve a saner, regulated, and orderly society, Section 4 of the Police Act.  

This article examines how the persistence of police brutality in Nigeria illustrates the extensive lacuna between constitutional frameworks and policing practices, contending that visible and meaningful transformation necessitates not only legal reforms but also substantial accountability and cultural change aimed at restoring respect for human dignity and the Rule of Law.  This study adopts a doctrinal legal research methodology relying mainly on the analysis of statutory provisions, judicial decisions, and scholarly academic writings relating to police conduct and human rights protection in Nigeria. 

Conceptual Legal Framework

Statutory provisions

The Constitution:

The Constitution of Nigeria is the grundnorm, otherwise known as the basic norm from which all other laws of the society derive their validity. Each legal norm of the society derives its validity from the basic norm. Any other law that conflicts with the provisions of the Constitution must give way or abate. It is therefore the beginning and the end of the legal system. The constitution established the Police force in Section 214 (1) of its provision, it however never gave the force powers to override it’s provisions, provisions like Section 34 (Right to dignity of human person) this section outrightly prohibits torture, inhuman or degrading treatment, Section 35 (Right to Personal Liberty) a person shall be entitled to his personal and no person shall be deprived of such liberty, Section 36 (Right to fair hearing) this section enunciates that right to fair hearing is a very essential right for a person to secure justice. 

The Police Act:

Pat II, Section 3 of the Police Act 2020 established the Police force, while Section 4 of the Act outlined its duties, which include: prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property, etc. The Code of Conduct for Officers And Men Of The Police Force was established under this act to guide and prevent officers from going ultra vires in the exercise of the powers and duties saddled upon them by the act.

The Anti – Torture Act 2017

This act criminalizes torture and makes legal provisions for prosecuting officials who are involved in such practices.. The Act defines torture to include: Physical Pain, Psychological abuse, and Coercive interrogation techniques.. Significantly, the Act states that no exceptional circumstances, including war or public emergency, can justify torture.

Prominent Nigerian Cases on Police Brutality and Fundamental Rights

Fawehinmi v. Inspector General of Police

This case demonstrated that police authority is not absolute and must always operate within the ambit of constitutional safeguards.

Ransome Kuti v. A G Federation

The court emphasized the constitutional importance of human dignity and liberty.

Military Governor of Lagos v. Ojukwu

The court unanimously established that the military still had to respect human dignity despite the coup, and that Human rights are inalienable entitlements of citizens

International Human Rights Frameworks

Universal Declaration of Human Rights

Different Articles like Article 1: Inherent Dignity and Equality which Asserts that all human beings are born free and equal in dignity and rights, setting the principle that everyone must be treated with respect. Article 3: Right to Life, Liberty, and Security of Person which expatiates on Protects individuals from excessive force and unlawful killing by police, ensuring physical integrity as well as Article 5: Prohibition of Torture and Degrading Treatment: Explicitly states, No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment

African Chatter on Human and People’s Rights

Article 5 (Right to Human Dignity) is the core provision against dehumanization. It prohibits “all forms of exploitation and degradation of man,” specifically mentioning torture, cruel, inhuman, or degrading punishment and treatment. The African Court on Human and Peoples’ Rights has ruled that this prohibition is absolute, covering both physical and mental abuse, and that corporal punishment violates this right.

Article 4 (Right to Life and Integrity): Entitles every human being to respect for their life and the integrity of their person, explicitly prohibiting arbitrary deprivation of this right. This is used to challenge extrajudicial killings or excessive use of force by police.

Article 6 (Liberty and Security of Person): Protects individuals from arbitrary arrest or detention. It mandates that no one may be deprived of their freedom except for reasons and conditions previously laid down by law, and many other articles makes provisions on protection of human rights.

International Covenant on Civil and Political Rights

It provides a binding legal framework that prohibits police brutality and dehumanizing treatment, Article 7 (Torture/Ill-Treatment): Mandates that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,” including mental suffering. This absolute, inalienable right prohibits such acts by officials regardless of circumstances.

Article 10(1) (Dignity in Detention): Requires that all individuals deprived of liberty be treated with humanity and respect for their inherent dignity, directly preventing dehumanization.

Article 6 (Right to Life): Protects against arbitrary deprivation of life, including unlawful killings by police.

Article 9 (Liberty and Security): Prohibits arbitrary arrest and entitles detainees to challenge their detention

Conceptual Framework: Understanding Police Brutality

Definition of concepts

Police Brutality

Police brutality refers to the excessive or unwarranted use of force by law enforcement officers against citizens, often resulting in serious harm or death.  It is an extreme form of police misconduct and is a civil rights violation. Police brutality includes, but is not limited to, asphyxiation, beatings, shootings, improper takedowns, racially-motivated violence, and unwarranted use of tasers,. The term “police brutality” was first used in Britain in the mid-19th century, by The Puppet-Show magazine (a short-lived rival to Punch) in September 1848, when they wrote:

Scarcely a week passes without their committing some offence which disgusts everybody but the magistrates. Boys are bruised by their ferocity, women insulted by their ruffianism; and that which brutality has done, perjury denies, and magisterial stupidity suffers to go unpunished. […] And police brutality is becoming one of our most “venerated institutions!.

Dehumanization

It is the act or process of making someone lose their human qualities, such as kindness or individuality. It involves treating people as less than human, often reducing them to impersonal, mechanical, or routine objects, commonly observed in contexts like war, poverty, or discrimination. 

Historically, dehumanization has involved the outright denial of someone’s humanity, such as in claims that certain groups, like enslaved people, were not fully human, it can also portray others as less human, such as through the objectification of women or the demonization of migrants. One advantage of understanding dehumanization as rooted in a type of belief is that it explains why violent atrocities happen: dehumanizers think of the dehumanized as subhuman creatures. Hence, dehumanizers feel justified in treating them in ways they would never treat anyone they viewed as human.

Torture

 It is defined as the act of causing severe physical or mental suffering, deliberately, to someone to force them to provide information, to punish them, or for cruel pleasure.

The act of causing great physical or mental pain to persuade someone to do something, to give information, or to be cruel to a person or animal. Torture is conventionally understood as the deliberate infliction of severe pain or suffering on a helpless person under the control of a perpetrator,,. Despite one of the most unambiguous and absolute prohibitions known to international law, torture continues to be more or less openly practiced in some states. 

Causes of Police Brutality in Nigeria 

Colonial Legacy and Mentality 

The Nigerian Police was established by the Colonial Ordinance No.3 of 1930.  Toyin Falola, Africa’s most prolific historian, in his book Colonialism and Violence in Nigeria (2009), traces the origin of police brutality to the colonial system. He argues that Violence is connected with the larger issues of power, resistance, terrorism, and nationalism. The colonial state used violence as an instrument to enforce their will and propaganda. The Colonial state had a monopoly of deadly arms and force, which it could apply at will, the power to crush and criminalize bodies or voices that represented the people. Colonial rule planted the seeds of incessant violence and division in the territories that now make up modern Nigeria. The same theme remained even after the adoption of a democratic government in 1999.

Poor Training and Education

Recruitment processes in the Nigerian Police are similarly problematic. Issues of nepotism, corruption, and lack of transparency are pervasive, leading to the selection of candidates who may not be the most qualified or motivated. This not only undermines the effectiveness of the police force but also erodes public trust and confidence in law enforcement. The mismatch between the training provided and the actual needs of the police force further exacerbates these issues, leading to a situation where recruitment and training efforts fail to produce the desired outcomes in terms of police performance and public safety.

Poor Remuneration of officers

In Nigeria, police officers are often poorly paid and work in poor conditions, prompting them to indulge in corrupt practices and extortion. An article once suggested that economic incentives may compel officers to engage in corrupt practices, using force to supplement their meager income. Reports from Amnesty International (2014) and the CLEEN Foundation (2016) highlight the contribution of low wages and stipends to police officers’ involvement in criminal activities, including brutality. Incidents have been reported of officers targeting students and youths with affluent lifestyles, labeling them “yahoo boys” or fraudsters, confiscating their phones, and demanding money for their release. The members of the Nigeria Police Force are not well paid, especially those junior officers. The implication is that they look for other means to augment their salary to meet their daily needs. Though such reasons are unacceptable for one to commit crimes, they must be given practical consideration when investigating the causes of police brutality in Nigeria. Most times, diligent and hard-working policemen are not well recognized, rewarded, or even promoted as and when due. This could demoralize an officer from discharging his or her duties in a professional manner.

Political interference

It is a primary driver of police brutality in Nigeria, as the police force is frequently manipulated by political elites to maintain power, suppress opposition, and secure personal interests. This interference creates a culture of impunity, where officers act with the knowledge that they are protected by powerful politicians, often leading to extrajudicial killings, torture, and unlawful detentions.

Weak institutional Accountability

Law enforcement institutions are entrusted with a diverse set of tasks requiring a high degree of integrity within police agencies and their oversight. Where this does not function well, law enforcement officers may become vulnerable to acting unlawfully and outside their remit.

Consequences of Police Brutality in Nigeria

Violation of Human Rights

 Numerous people have died as a result of police brutality, and victims have also suffered from rape, exploitation, torture, and other cruel treatment. A report by the National Human Rights Commission (2020) documented at least 300 extrajudicial killings by police within a single year. For example, 24-year-old amateur boxer Sunday Bang talked about how three SARS police detained him at his Abuja house in October 2018 and charged him with robbery, He was taken into custody because he had gone to see his girlfriend just hours before armed robbers broke into her home. Sunday Bang told Amnesty International that he was denied access to his family and legal counsel while he was being held by SARS for five weeks. He told Amnesty International about his experience working at the SARS office in Abuja: They took me to the torture chambers the second day after my arrest. One policeman, in charge of torture, came with a bicycle/car tyre tube and a hard piece of wood. He tied my left arm with the tube. It was very painful, and my arm went numb. He tied me from my palm to the end of my upper arm. They beat me with a stick and rod on my arms, knees and legs. They broke my two legs… I couldn’t stand… I was bleeding from my legs and body. My blood was flowing all over the floor. I kept telling them that I was innocent of the accusation. The police officer was threatening that he would shoot me if I didn’t admit that I participated in the robbery. I was very weak, because I had not eaten any food since my arrest.

Economic Stagnation and Undermines Nigeria’s Development.

 On the economic front, police violence undermines individual and communal growth. An article demonstrates that financial burdens associated with police violence, such as medical expenses and missed wages due to injuries, exacerbate familial poverty.Another article shows that populations experiencing elevated levels of police brutality encounter economic stagnation. Aminu et al., in their article, link police violence to diminished local economic operations stemming from fear and instability.

Increased Tension Between Citizens and the State

Another major consequence of police brutality is the creation of tension between the citizens and the government. A prominent example is the #EndSars protest, One could recall that the #EndSARS protest started on a peaceful note before some alleged hired hoodlums infiltrated the protest, unleashing violence on genuine protesters and in the process injuring many.

The Need for Transformative Reforms

• Compulsory Human Training for Officers

This article hopes to advocate for mandatory training for officers to be inducted into the police force because it is considered general knowledge that many officers lack the prerequisite training essential to perform their duties.

• Stringent Persecution of Aberrant Officers

This article also seeks to promote the adoption of stricter punishment for defaulting officers in order to discourage future defaulters from the act, because it is human nature to obey laws for fear of sanction, so this article borders on the need for discouragement of brutality and inhumane treatments. 

• Introduction of Body–worn Cameras 

Another transformative measure to be adopted is the introduction of Body worn cameras to police uniforms, Oyinkan Alakija Esq in his article stated that “Police brutality has been a long-standing issue in Nigeria, creating a deep-seated mistrust towards law enforcement agencies and compromising public safety and security. Recently, there has been a surge of interest in equipping police officers with body cameras to boost transparency and accountability. The introduction of body cameras in Nigeria promises to significantly impact the criminal justice system by curbing police misconduct, enhancing evidence gathering and documentation, and rebuilding public faith in law enforcement”. 

Conclusion

The persistent crisis of police brutality in Nigeria is not merely a collection of isolated incidents of misconduct; it is a profound systemic failure that exposes the widening chasm between the de jure protections of the law and the de facto experiences of the citizenry. As this article has demonstrated, Nigeria possesses a robust—if not impressive—array of legal instruments designed to safeguard human dignity. From the fundamental rights entrenched in Chapter IV of the 1999 Constitution to the specialized provisions of the Anti-Torture Act 2017 and the Police Act 2020, the legal blueprint for a rights-respecting police force exists. However, these statutes remain largely aspirational in the face of an institutional culture characterized by impunity and a lack of meaningful oversight.

The judicial precedents examined, from Fawehinmi v. IGP to serve as reminders that the judiciary remains the last hope of the common man. Yet, judicial pronouncements alone cannot cure a systemic rot if the executive arm fails to enforce accountability. The legacy of the #EndSARS movement underscores a critical sociological truth: when the law fails to protect the people from its protectors, the very foundations of the social contract are destabilized.

To bridge this gap, Nigeria must transition from a culture of “policing for the state” to “policing for the citizens.” This requires more than legislative amendments; it demands a transformative overhaul of the police hierarchy, the establishment of a truly autonomous Independent Police Complaints Commission, and the unwavering prosecution of offending officers.

Ultimately, the rule of law in Nigeria will not be measured by the elegance of its statutes, but by the safety of its streets and the dignity afforded to its most vulnerable subjects. Until the constitutional promise of human rights is matched by the operational reality of law enforcement, the quest for a truly democratic and just Nigeria remains an unfinished project. The time for incremental reform has passed; the era for radical accountability is long overdue.

BIBLIOGRAPHY

Cases

A.G Abia State v A.G Federation [2006] 16 NWLR (Pt 1005) 265, 381.

Akpan v FRN [2007] 1 NWLR (Pt 1281) 403.

Eziegbo v Asco Investment Ltd (2022) LPELR-56864 (SC) 6–7.

PDP v CPC [2011] 17 NWLR (Pt 1277) 485, 511.

S & D Construction Co Ltd v Ayoku [2011] All FWLR (Pt 604) 1

Legislation

• Anti-Torture Act 2017, s 2.
• Anti-Torture Act 2017, s 8.
• Constitution of the Federal Republic of Nigeria 1999 (as amended 2023).
• Police Act 1943, Cap 359 Laws of the Federation of Nigeria.
• Constitution of the Federal Republic of Nigeria 1999 (as amended), s 1(2).
• United Nations Code of Conduct for Law Enforcement Officials (1979) art 1.

Books

• Falola T, Colonialism and Violence in Nigeria (Indiana University Press 2009) 12.
• Kronfeldner ME (ed), The Routledge Handbook of Dehumanization (Routledge 2021).
• O’Neill WG, Police Reform and Human Rights: A HURIST Document (UNDP and OHCHR 2004).
• Oxford University Press, Oxford Dictionary of Law (7th edn, OUP 2013).
• Garner BA (ed), Black’s Law Dictionary (11th edn, Thomson Reuters 2019).

Journal Articles

• Aborisade R and Fayemi J, ‘Police Corruption in Nigeria: A Perspective on its Nature and Control’ (2015) 17(2) Nigerian Journal of Social Sciences 245–262.
• Emesowum B, ‘Identifying Cities or Countries at Risk for Police Violence’ (2016) 21(2) Journal of African American Studies 269–281.
• Innocent C, ‘The Legal Structure of the Police and Human Rights in Nigeria’ (1997) 14 Third World Legal Studies 44.
• Ajanwachuku MA, Mgbolu AK and Nomeh IC, ‘Examination of the Effects of Police Brutality and Abuse of Human Rights in Nigeria’.
• EAS Journal of Humanities and Cultural Studies 6(2) (May–June 2024).
• International Journal of Social Sciences and Management Research 10(6) (2024).
• Jalingo Journal of Social and Management Sciences 6(4) (August 2025) 29–40.
• Newspaper Sources
• Daily Nigerian, ‘My “Shoot at Sight” Order Intact – Buhari’ (10 June 2021) accessed 23 April 2024.
• Daily Times (30 May 1995) 19.
• National Tribune (12 November 2001) 6.

Web Sources

• Hill R, ‘Understanding Five Different Types of Police Brutality’ (Criminal Law Blog) https://criminallaw.com accessed 1 May 2022.
• Osha S, ‘#EndSARS: A Brief History of Police Brutality in Nigeria’ Africa Portal (25 November 2020) https://africaportal.org/feature/endsars-brief-history-police-brutality-nigeria/.
• ‘Law’ Cambridge Dictionary https://dictionary.cambridge.org/ accessed 15 March 2026.

Other Reports / Materials

• National Human Rights Commission (2020).
• Amnesty International interview, Onitsha (10 October 2017).
• Criminal Justice, ‘The Use of Body Cameras by Law Enforcement Agencies in Nigeria: Impact on the Nigerian Criminal Justice System’ (Gresyndale Legal, 18 July 2024).
• ‘More Police Brutality’ The Puppet-Show vol 2, no 27 (9 September 1848) 14.