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Is Nigerian Police to Investigate Cases of Missing Persons After 24 hours?

Law & Society Magazine
By Law & Society Magazine
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With the growing insecurity across Nigeria, cases of missing persons are reported in almost all police stations across Nigeria. In a recent development in Akwa Ibom State, in reporting a case of a missing person at a police station, the police officers allegedly turn down the complaint on the grounds that a case of a missing person cannot be reported or investigated until after 24 hours. This has been reported as the reason that Nigeria Police Force failed and refused to intervene early in the case of late Ms. Iniobong Uworen, who was late found dead the next day. 

This has woken a lot of thoughts and questions as to the statutory timeline for reporting and investigating cases of missing persons. On 7 May 2021, I was a guest on the Amanda Lazmon Show on Facebook, where I spoke on this issue and added my voice to the recent call for #JusticeForIniobongUworen. 

Reporting and Investigating Cases of Missing Persons: 

The Nigeria Police Force is an agent of the Federal Government of Nigeria. Nigeria Police Force is created by the Constitution of Nigeria. Also, the constitution allows the federal legislature (the National Assembly) to make laws for the Nigeria Police Force, to enable the Police to perform its duties, effectively. 

The Federal legislature made a new law for the Nigeria Police Force (the Nigeria Police Act, 2020), which was signed into law by the Present of Nigeria on 15 September 2020. The Nigeria Police Act empowers the Nigeria Police Force to protect lives and property. It creates duties, rights and obligations of the police officers as well as offences and punishments for police officers, among other things. A copy of the Nigeria Police Act 2020, can be accessed for free via this link: https://learnnigerianlaws.com/free-copy-of-the-police-act-2020/  

By section 90 of the Nigeria Police Act, there is duty on every person in Nigeria, to report to the Nigeria police any case of a missing person within 24 hours. The person in charge of a missing person must report such case to the nearest police station within 24 hours. This means that immediately there is an information that a person is missing or may be missing, the case should be reported to the Nigeria Police Force. There is no law that requires 24 hours to pass before a case of a missing person can be reported to the Nigeria Police Force. It is against the Nigeria Police Act for any person to delay, fail or refuse to report the case of a missing person to the Nigeria Police within 24 hours of such incidence. At this point, it is unlawful for any police officer to refuse or fail to receive a complaint on a missing person and to order that the complaint be postponed till after 24 hours. 

If by section 90 of the Nigeria Police Act, cases of missing person are to be reported to the police force immediately and not more than 24 hours, then, then it means that the Nigeria Police Force has a duty to receive, accept, entertain and investigate all complaints on missing persons. Specifically, section 31 of the Nigeria Police Act, provides that the Nigeria Police Force has a duty to investigate in accordance with due process, allegations and complaints brought to it. Due processes of investigation cannot include the refusal of complaints brought to the Nigeria Police Force. 

A missing person is often a person in distress and one that needs the assistance of the Nigeria Police Force. Statutorily, the Nigeria Police Force is created to provide assistance and support to any person that is in distress. The failure of a police officer to investigate and to assist a person in distress (including a missing person) is an offence and the police officer is to be investigated, prosecuted and punished. Section 96 (1) (g) of the Nigeria Police Act, states that the offences of police officers, include; failure of a police officer to come to the aid or assistance of any person in need of assistance, at the time of distress. It further provides that such a non-assisting police officer should be disciplined and dismissed from the Nigeria Police Force, as well as prosecuted thereafter in a court of law. 

Conclusion: 

Nigeria Police Force is a federal government agency that protects lives and property, and as such its officers are to investigate all complaints on lives and property. Hence, no police officer has the powers to refuse to assist and support any person in distress. The case of late Iniobong Uworen, where the Nigeria Police Force was alleged to have refused and failed to investigate and assist the family of the Ms. Iniobong Uworen, is a clear violation of the provisions of the Nigeria Police Act, 2020. 

The police officers that attended to the complaint on the missing of a person (late Iniobong Uworen) and that allegedly failed to document/record and investigate the complaint but ordered the family of Iniobong Uworen to return with their complaint the next day, should be investigated. It is the duty of the Nigeria Police force to record all complaints received in a police station and not to fail to investigate cases (especially, cases of missing persons). 

The concerned police officers in the case of late Iniobong Uworen should be investigated and if found liable, should be dismissed from the Police Force and also prosecute in a court of law, in line with the Nigeria Police Act. #JusticeForIniobongUworen is not asking that the dead Mr. Iniobong Uworen be resurrected, rather that the negligent police officers that failed to intervene be investigated and prosecuted. And of course, that the murderers of late Iniobong Uworen be investigated and prosecuted. Chances are that if there is no justice For late Iniobong Uworen and her family, more persons will be murdered and more police officers will fail and refuse to investigate cases of missing persons. #JusticeForIniobongUworen

My authorities, are:

  1. Sections 1, 2, 3, 4, 5, 6, 214, 215, 216, 318, 319 and 320 of the Federal Competition and Consumer Protection Act, 2019.
  2. Sections 1, 2, 3, 4, 5, 31, 90, 96 of the Nigeria Police Act, 2020 and a copy is downloadable via https://learnnigerianlaws.com/free-copy-of-the-police-act-2020/   
  3. BBC News, “#FindHinyHumoren: Iniobong Umoren wey disappear for Akwa Ibom no dey alive again” (BBC, 2 May 2021) <https://www.bbc.com/pidgin/tori-56955222> accessed 11 May 2021
  4. Onyekachi Umah, “Warrant of Arrest: Contents and Issuance” (LearnNigerianLaws.com, 19 April 2021) <https://learnnigerianlaws.com/warrant-of-arrest-contents-and-issuance/> accessed 11 May 2021
  5. Onyekachi Umah, “12 Situations Where Police Officers Can Arrest Without Warrant” (LearnNigerianLaws.com, 18 June 2019) <https://learnnigerianlaws.com/12-situations-where-police-officers-can-arrest-without-warrant/> accessed 19 April 2021
  6. Onyekachi Umah, “An Ordinary Person Can Arrest A Criminal Suspect Even Without A Warrant In Nigeria” (LearnNigerianLaws.com, 17 July 2018) <https://learnnigerianlaws.com/an-ordinary-person-can-arrest-a-criminal-suspect-even-without-a-warrant-in-nigeria/> accessed 19 April 2021
  7. Onyekachi Umah, “When Can Police Search A House Without A Warrant” (LearnNigerianLaw.com, 11 March 2019) <https://learnnigerianlaws.com/when-can-police-search-a-house-without-a-warrant/> accessed 19 April 2021.
  8. Onyekachi Umah, “The Right Of Police To Break/Damage Any House In Search Of Suspects Even Without Warrant To Search” (LearnNigerianLaws.com, 18 February 2019) <https://learnnigerianlaws.com/the-right-of-police-to-break-damage-any-house-in-search-of-suspects-even-without-warrant-to-search/> accessed 19 April 2021
  9. Onyekachi Umah, “Contents of Police Monthly Reports To Magistrates” (LearnNigerianLaws.com, 17 November 2020) <https://learnnigerianlaws.com/contents-of-police-monthly-reports-to-magistrates/> accessed 19 April 2021
  10. Onyekachi Umah, “Qualifications for an Inspector General of Police” (LearnNigerianLaws.com, 4 February 2021) <https://learnnigerianlaws.com/qualifications-for-an-inspector-general-of-police/> accessed 19 April 2021
  11. Onyekachi Umah, “Can the Appointment of an Inspector General of Police be Extended?” (LearnNigerianLaws.com, 2 February 2021) <https://learnnigerianlaws.com/can-the-appointment-of-an-inspector-general-of-police-be-extended/> accessed 19 April 2021.
  12. Chris Admin, “Onyekachi Umah Speaks To ChannelsTv On SARS & The New Police Act” (LearnNigerianLaws.com, 9 November 2020) <https://learnnigerianlaws.com/onyekachi-umah-speaks-to-channelstv-on-sars-the-new-police-act/> accessed 19 April 2021. 
  13. Onyekachi Umah, “Minimum Information That Must Be In Database Of All Arrested Persons At Federal And State Levels In Nigeria” (LearnNigerianLaws.com, 16 September 2019) <https://learnnigerianlaws.com/minimum-information-that-must-be-in-database-of-all-arrested-persons-at-federal-and-state-levels-in-nigeria-daily-law-tips-tip-415-by-onyekachi-umah-esq-llm-aciarb-uk > accessed 19 April 2021. 
  14. Onyekachi Umah, “Head of a Police Station Must Make Monthly Report of Arrests to a Magistrate” (LearnNigerianLaws.com, 24 August 2020) <https://learnnigerianlaws.com/head-of-police-station-must-make-monthly-report-of-arrests/ > accessed 19 April 2021. 
  15. Onyekachi Umah, “Police Stations Now Have Supervising Magistrates” (LearnNigerianLaws.com, 9 October 2020) <https://learnnigerianlaws.com/police-stations-now-have-supervising-magistrates/ > accessed 19 April 2021

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