POLICE ACT

 

ARRANGEMENT OF SECTIONS

PART I

Short title and interpretation

1.     Short title.

2.     Interpretation.

 

PARTII

Constitution and employment of the force

3.     Establishment of Police Force.

4.     General duties of the police.

5.     Constitution of the Force.

6.     Command of the Force.

7.     Duties of the Deputy Inspector-General of Police.

8.     Duties of an Assistant Inspector-General.

9.     Establishment of the Nigeria Police Council.

10.    Public safety and public order.

11.    Delegation by Inspector-General.

12.    Command of police in case of active service.

 

PART III

General administration

Oaths for officers 13. Oaths to be taken by officers on appointment.

Enlistment and service

14.    Enlistment.

15.    Extension of term of enlistment in special cases.

16.    Declarations.

17.    Re-engagement.

 

Supernumerary police officers

18.    Appointment of supernumerary police officers to protect property.

19.    Appointment of supernumerary police officers for employment on administrative duties on police premises.

20. Appointment of supernumerary police officers where necessary in the public interest.

21.    Appointment of supernumerary police for attachment as orderlies.

 

22.    Provisions supplementary to sections 18 to 21.

PART IV

Powers of police officers

23.    Conduct of prosecutions.

24.    Power to arrest without warrant.

25.    Power to arrest without having warrant in possession.

26.    Summonses.

27.    Bail of person arrested without warrant.

28.    Power to search.

29.    Power to detain and search suspected persons.

30.    Power to take fingerprints.

 

PART V

Property unclaimed, found or otherwise

31.    Court may make orders with respect to property in possession of police.

32.    Perishable articles.

 

PART Vl

Miscellaneous provisions

33.    The Police Reward Fund.

34.    Crying down credit.

35.    Pay of constables not to be withheld for debt: exception.

36.    Police officers not to engage in any private business.

 

PART VII

Offences

37.    Offences.

38.    Apprehension of deserters.

39.    Assault on police officer.

40.    Refusing to aid police officer assaulted. 41 . Harbouring constable.

41.    Personation of police officer.

42.    Obtaining admission into Force by fraud.

43.    Ordinary course of law not to be interfered with.

44.    Persons acquitted by court not punishable on same charge under this Act, nor if convicted, except by reduction.

 

PART VIII

Regulations and standing orders

46.    Power to make regulations.

47.    Standing orders.

 

PART IX

Application

48.    Application of Act to persons already serving.

PART X

Special constables

49.    The Nigerian Special Constabulary.

50.    Appointment of special constables in normal circumstances.

51.    Resignation, suspension and dismissal of constables appointed under section 50.

52.    Appointment of emergency special constables.

53.    Provisions supplementary to section 52.

54.    Equipment.

55.    Instruction of special constables.

56.    Allowances, pensions, etc.

57.    Interpretation.

58.    Repeal and transitional provisions.

 

PART XI

Traffic warden service

59.    Establishment of the Traffic Warden Service.

60.    Appointment of the traffic wardens.

61.    Period of service.

62.    Powers, etc., of a traffic warden.

63.    Certificate of appointment and of discharge.

64.    Ranks of traffic wardens.

65.    Resignation.

66.    Discipline.

67.    Provision of equipment.

68.    Delegation of powers by Inspector-General.

69.    Instruction of traffic warden, etc.

REGULATIONS

Nigerian Police Regulations

 

POLICE ACT

An Act to make provision for the organisation, discipline, powers and duties of the police, the special constabulary and the traffic wardens.

 

[1st April, 1943]                          [Commencement.]

 

PART I

Short title and interpretation

1.     Short title

This Act may be cited as the Police Act.

2.     Interpretation

In this Act, unless the context otherwise requires- [1979 No. 23.]

"Commissioner" means a Commissioner of Police, a Deputy Commissioner of Po- lice or an Assistant Commissioner of Police;

"constable" means any police officer below the rank of corporal;

"court" means any court established by any law in force in Nigeria;

"the Force" means the Nigeria Police Force established under this Act;

"inspector" includes a chief inspector and an inspector of police;

"Inspector-General", "Deputy Inspector-General" and "Assistant Inspector- General" means respectively the Inspector-General of Police, the Deputy Inspector- General of Police and an Assistant Inspector-General of Police;

"non-commissioned officer" means a police sergeant-major, a police sergeant or a police corporal as the case may be;

"police officer" means any member of the Force;

"superintendent of police" includes a chief superintendent of police, a superintendent of police, a deputy superintendent of police, and an assistant superintendent of police;

"superior police officer" means any police officer above the rank of a cadet assistant superintendent of police;

"supernumerary police officer" means a police officer appointed under section 18, 19 or 21 of this Act or under an authorisation given under section 20 of this Act.

PART II

Constitution and employment of the Force

3.     Establishment of Police Force

There shall be established for Nigeria a police force to be known as the Nigeria Police Force (in this Act referred to as "the Force").

4.     General duties of the police

The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of this or any other Act.

5.     Constitution of the Force

There shall be an Inspector-General of the Nigeria Police, such number of Deputy Inspectors-General, Assistant Inspectors-General as the Nigeria Police Council considers appropriate, a Commissioner for each State of the Federation and such ranks as may, from time to time, be appointed by the Nigeria Police Council.

6.     Command of the Force

The Force shall be under the command of the Inspector-General, and contingents of the Force stationed in a State shall, subject to the authority of the Inspector-General, be under the command of the Commissioner of that State.

7.     Duties of the Deputy Inspector-General of Police

(1)    A Deputy Inspector-General is the second in command of the Force and shall act for the Inspector-General in the Inspector-General's absence from Force Headquarters.

(2)    When acting for the Inspector-General, the Deputy Inspector-General shall be guided by the following-

(a)    all matters involving any change in Force policy shall be held in abeyance pending the return of the Inspector-General or, if the matter is urgent, referred directly to the Inspector-General for his instructions;

(b)    all matters of importance dealt with by the Deputy Inspector-General during the absence of the Inspector-General shall be referred to the Inspector-General on his return.

8.     Duties of an Assistant Inspector-General

(1)    An Assistant Inspector-General shall be subordinate in rank to the Deputy Inspector-General but shall be senior to all commissioners.

(2)    An assistant Inspector-General shall act for the Inspector-General in the absence of both the Inspector-General and the Deputy Inspector-General and when so acting, the provisions of paragraphs (a) and (b) of subsection (2) of section 7 of this Act shall, with all necessary modifications, apply to him.

9.     Establishment of the Nigeria Police Council

(1)    There is hereby established a body to be known as the Nigeria Police Council (in this Act referred to as "the Council") which shall consist of-

(a)    the President who shall be chairman;

(b)    the Governor of each State of the Federation;

(c)    the chairman of the Police Service Commission;

(d)    the Inspector-General of Police.

(2)    The functions of the Council shall include-

(a)    the organisation and administration of the Nigeria Police Force and all other matters relating thereto (not being matters relating to the use and operational control of the Force, or the appointment, disciplinary control and dismissal of members of the Force);

(b)    the general supervision of the Nigeria Police Force;

(c)    advising the President on the appointment of the Inspector-General of Police.

(3)    The Permanent Secretary in the Police Affairs Office, in the Presidency, shall be the Secretary to the Council and the Secretariat of the Council shall be in the Police Affairs Office, the Presidency.

(4)    The President shall be charged with operational control of the Force.

(5)    The Inspector-General shall be charged with the command of the Force subject to the directive of the President.

10.   Public safety and public order

(1)    The President may give to the Inspector-General such directions with respect to the maintaining and securing of public safety and public order as he may consider necessary, and the Inspector-General shall comply with those directions or cause them to be complied with.

(2)    Subject to the provisions of subsection (1) of this section, the Commissioner of a State shall comply with the directions of the Governor of the State with respect to the maintaining and securing of public safety and public order within the State, or cause them to be complied with:

Provided that before carrying out any such direction the Commissioner may request that the matter should be referred to the President for his directions.

11.   Delegation by Inspector-General

The Inspector-General may, with the consent of the President by writing under his hand, delegate any of his powers under this Act (except this power of delegation) so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified or defined in the instrument of delegation.

12. Command of police in case of active service

When required to perform military duties in accordance with the provisions of section 4 of this Act, such duties entailing service with the armed forces of Nigeria or any force for the time being attached thereto or acting therewith, the police shall be under the command and subject to the orders of the officer in command of the forces in Nigeria, but for the purposes of interior economy shall remain under the control of a superior police officer.

PART III

General administration

Oaths for officers

13.   Oaths to be taken by officers on appointment

On the appointment or promotion of any person as a member of the Force to or above the rank of cadet sub-inspector, the provisions of the Oaths Act shall apply; and such per- son shall forthwith take and subscribe to the official oath, the police oath and, in proper case, the oath of allegiance.

Enlistment and service

14.   Enlistment

Every constable, shall, on appointment, be enlisted to serve in the Force for three years, or for such other period as may be fixed by the Police Service Commission to be reckoned in all cases from the day on which he has been approved for service and taken on to the strength.

15.   Extension of term of enlistment in special cases

(1)    Notwithstanding the provisions of section 14 of this Act, where a constable on or after his appointment opts or is selected for duties other than general duties and engages in those duties, he shall be deemed to have agreed to extend his period of enlistment by an additional period not exceeding six years, the extent of the additional period to be fixed by the Police Service Commission, and the enlistment of the constable shall have effect accordingly.

(2)    Where any person to whom subsection (1) of this section applies re-engages for service with the Force, this section shall have effect in respect of the re-engagement, and notwithstanding the fact that on or after the re-engagement the person concerned is or may be a non-commissioned officer.

16.   Declarations

Every non-commissioned officer, constable or recruit constable on enlistment, and every such police officer if re-engaged for a further period of service, shall make and subscribe to the police declaration prescribed by the Oaths Act.

17.   Re-engagement

(1)    Any non-commissioned officer or constable of good character may, within six months before completion of his first period of enlistment and with the prescribed approval, re-engage to serve for a further period of six years, and may similarly re-engage for a second period of six years, and may thereafter similarly re-engage either to serve until the expiration of a third period of six years or until he reaches the age of 45 years (whichever is earlier).

(2)    Upon completion of such third period of six years, or if he has re-engaged until reaching the age of 45 years then upon reaching such age, the non-commissioned officer or constable may if he so desires and with the prescribed approval continue in the Force in the same manner in all respects as if his term of service were still unexpired, except that he may be discharged or may claim a discharge upon six months' prescribed notice thereof being given to or by him.

(3)    The prescribed approval referred to in subsections (1) and (2) of this section shall be that of the Police Service Commission or of a superior police officer to whom the Po- lice Service Commission has duly delegated the power to give such approval, and the prescribed notice referred to in subsection (2) shall be given by or to the Police Service Commission or by or to a superior police officer to whom the Police Service Commission has duly delegated the power of giving or receiving such notice.

(4)    If a non-commissioned officer or constable offers to re-engage within six months after having received his discharge he will, if his offer of service is accepted, on re- engagement be entitled to the rank which he was holding at the time of his discharge, provided there is a vacancy in the establishment of that rank at the time he re-engages.

(5)    The service of a non-commissioned officer or constable who has re-engaged under this section shall be deemed to be continuous for the purposes of the pension or annual allowance or gratuities, as the case may be, the non-commissioned officer or con- stable being regarded as being on leave without pay during the period between discharge and re-engagement.

(6)    No non-commissioned officer or constable may re-engage after a period of six months has elapsed since his discharge, but a non-commissioned officer or constable may be permitted to re-enlist subsequent to that period if his offer of service is accepted.

(7)    The question of the reinstatement of a re-enlisted non-commissioned officer or constable to the rank he held prior to his discharge shall be decided by a superior police officer.

(8)    Any non-commissioned officer or constable whose period of service expires during a state of war, insurrection or hostilities, may be compulsorily retained and his service prolonged for such period, not exceeding twelve months, as the Police Service Commission may direct.

(9)    Subject to the provisions of section 7 (1) of the Pensions Act and to the provisions of subsection (2) of this section, no police officer other than a superior police officer shall be at liberty to resign or withdraw himself from his duties without the approval of the Police Service Commission or any police officer authorised in writing by the Police Service Commission.

Supernumerary police officers

18.   Appointment of supernumerary police officers to protect property

(1)    Any person (including any government department) who desires to avail himself of the services of one or more police officers for the protection of property owned or controlled by him may make application therefor to the Inspector-General, stating the nature and situation of the property in question and giving such other particulars as the Inspector-General may require.

(2)    On an application under the foregoing subsection the Inspector-General may, with the approval of the President, direct the appropriate authority to appoint as supernumerary police officers in the Force such number of persons as the Inspector-General thinks requisite for the protection of the property to which the application relates.

(3)    Every supernumerary police officer appointed under this section-

(a)    shall be appointed in respect of the area of the police province or, where there is no police province, the police district or police division in which the property which he is to protect is situated;

(b)    shall be employed exclusively on duties connected with the protection of that property;

(c)    shall, in the police area in respect of which he is appointed and in any police area adjacent thereto, but not elsewhere, have the powers, privileges and immunities of a police officer; and

(d)    subject to the restrictions imposed by paragraphs (b) and (c) of this subsection and to the provisions of section 22 of this Act, shall be a member of the Force for all purposes and shall accordingly be subject to the provisions of this Act and in particular the provisions thereof relating to discipline.

(4)    Where any supernumerary police officer is appointed under this section, the per- son availing himself of the services of that officer shall pay to the Accountant-General-

(a)    on the enlistment of the officer, the full cost of the officer's uniform; and

(b)    quarterly in advance, a sum equal to the aggregate of the amount of the officer's pay for the quarter in question and such additional amounts as the Inspector-General may direct to be paid in respect of the maintenance of the officer during that quarter, and any sum payable to the Accountant-General under this subsection which is not duly paid may be recovered in a summary manner before a magistrate on the complaint of any superior police officer:

Provided that this subsection shall not apply in the case of an appointment made on the application of a department of the Government of the Federation.

(5)    Where the person availing himself of the services of any supernumerary police officer appointed under this section desires the services of that officer to be discontinued, he must give not less than two months' notice in writing to that effect, in the case of an officer appointed in respect of a police area within that part of Lagos State formerly known as the Federal territory, to the Inspector-General or, in the case of an officer appointed in respect of a police area within a State, to the Commissioner of Police of that State; and on the expiration of such notice the services of the supernumerary police officer in question shall be withdrawn.

(6)    Where the services of a supernumerary police officer are withdrawn in pursuance of subsection (5) of this section in the course of a quarter for which the sum mentioned in subsection (4) (b) of this section has been paid to the Accountant-General, the Account- ant-General shall pay to the person by whom that sum was paid a sum which bears to that sum the same proportion as the unexpired portion of that quarter bears to the whole of that quarter.

(6)    In this section, "the Accountant-General" means the Accountant-General of the Federation; "government department" means any department of the Government of the Federation or of the Government of a State; and "quarter" means any period of three months; and any reference in this section to the person availing himself of the service of a supernumerary police officer appointed under this section is a reference to the person on whose application the officer was appointed or, if that person has been succeeded by some other person as the person owning or controlling the property for the protection of which the officer in question was appointed, that other person.

19.   Appointment of supernumerary police officers for employment on administrative duties on police premises

(1)    The appropriate authority may, at the request of any superior police officer, ap- point any person as a supernumerary police officer in the Force with a view to that per- son's employment on duties connected with the administration or maintenance of prem- ises occupied or used for the purposes of the Force, but shall not do so in any particular case unless satisfied that it is necessary in the interests of security or discipline that per- sons performing the duties in question should be subject to the provisions of this Act re- lating to discipline.

(2)    Every supernumerary police officer appointed under this section-

(a)    shall be appointed in respect of the area of the police area command or where there is no police area command, the police division in which the premises in connection with whose administration or maintenance he is to be employed are situated;

(b)    shall be employed exclusively on duties connected with the administration or maintenance of those premises;

(c)    shall, in the police area in respect of which he is appointed, but not elsewhere, have the powers, privileges and immunities of a police officer; and

(d)    subject to the restrictions imposed by paragraphs (b) and (c) of this subsection and to the provisions of section 22 of this Act, shall be a member of the Force for all purposes and shall accordingly be subject to the provisions of this Act and in particular the provisions thereof relating to discipline.

20.   Appointment of supernumerary police officers where necessary in the public interest

(1)    If at any time the President is satisfied, as regards any police area, that it is neces- sary in the public interest for supernumerary police officers to be employed in that area, he may authorise the appropriate authority to appoint persons as supernumerary police officers in the Force under and in accordance with the authorisation.

(2)    Every authorisation under this section shall be in writing and shall specify the po- lice area to which it relates and the maximum number of supernumerary police officers who may be appointed under that authorisation.

(3)    Every supernumerary police officer appointed under an authorisation given under this section-

(a)    shall be appointed in respect of the police area to which the authorisation re- lates;

(b)    shall, in the police area in respect of which he is appointed and in any police area adjacent thereto, but not elsewhere, have the powers, privileges and im- munities of a police officer; and

(c)    subject to the restriction imposed by paragraph Cb) of this subsection and to the provisions of section 22 of this Act, shall be a member of the Force for all pur- poses and shall accordingly be subject to the provisions of this Act and in par- ticular to the provisions thereof relating to discipline.

21.   Appointment of supernumerary police officers for attachment as orderlies

(1)    The appropriate authority may at the request of the Inspector-General or of the Commissioner of Police of a State appoint any person as a supernumerary police officer in the Force with a view to that person's attachment as an orderly to-

(a)    a Minister; or

(b)    a Commissioner of the Government of a State; or

(c)    a police officer of or above the rank of assistant commissioner.

(2)    Every supernumerary police officer appointed under this section-

(a)    shall be employed exclusively on duties connected with the activities of the person to whom he is attached;

(b)    shall, while so employed, have throughout Nigeria the powers, privileges and immunities of a police officer; and

(c)    subject to the restriction imposed by paragraph (a) of this subsection and to the provisions of section 22 of this Act, shall be a member of the Force for all purposes and shall accordingly be subject to the provisions of this Act and in particular the provisions thereof relating to discipline.

22.   Provisions supplementary to sections 18 to 21

(1)    Every supernumerary police officer shall, on appointment, be enlisted to serve in the Force from month to month, and accordingly a supernumerary police officer may at any time resign his appointment by giving one month's notice in that behalf to the supe- rior police officer in charge of the police area in respect of which he is appointed, and his appointment may be determined by the appropriate authority on one month's notice in that behalf or on payment of one month's pay instead of such notice.

(2)    The ranks to which supernumerary police officers may be appointed shall be prescribed by regulations made by the President under section 46 of this Act on the recommendation of the Police Service Commission.

(3)    A supernumerary police officer shall have no claim on the Police Reward Fund; and, without prejudice to any liability under the Workmen's Compensation Act, to pay compensation to or in respect of any person by virtue of his employment as a super- numerary police officer, a person's service as such as officer shall not render him or any other person eligible for any pension, gratuity or annual allowance under this Act or the Pensions Act.

[Cap. W6. Cap. P4.] (4) In sections 18 to 21 of this Act and this section-

"the appropriate authority", in relation to any power to appoint or determine the appointment of supernumerary police officers, means the Police Service Commission or any superior police officer to whom that power has been delegated in accordance with section 216 (1) of the Constitution of the Federal Republic of Nigeria 1999;

"police area" means any police Area Command, police district or police division;

"Area Command", "police district" and "police division" means respectively an Area Command, police district or police division established under the provisions of standing orders made under section 47 of this Act.

PART IV

Powers of police officers

23.   Conduct of prosecutions

Subject to the provisions of sections 174 and 211 of the Constitution of the Federal Republic of Nigeria 1999 (which relate to the power of the Attorney-General of the Federation and of a State to institute and undertake, take over and continue or discontinue criminal proceedings against any person before any court of law in Nigeria), any police officer may conduct in person all prosecutions before any court, whether or not the in- formation or complaint is laid in his name.

24.   Power to arrest without warrant

(1)    In addition to the powers of arrest without warrant conferred upon a police officer by section 10 of the Criminal Procedure Act, it shall be lawful for any police officer and any person whom he may call to his assistance, to arrest without warrant in the following cases-

(a)    any person whom he finds committing any felony, misdemeanour or simple offence, or whom he reasonably suspects of having committed or of being about to commit any felony, misdemeanour or breach of the peace;

(b)    any person whom any other person charges with having committed a felony or misdemeanour;

(c)    any person whom any other person-

(i)     suspects of having committed a felony or misdemeanour; or

(ii)    charges with having committed a simple offence, if such other person is willing to accompany the police officer to the police station and to enter into a recognisance to prosecute such charge.

(2)    The provisions of this section shall not apply to any offence with respect to which it is provided that any offender may not be arrested without warrant.

(3)    For the purposes of this section the expression felony, misdemeanour and simple offence shall have the same meanings as they have in the Criminal Code.

25.   Power to arrest without having warrant in possession

Any warrant lawfully issued by a court for apprehending any person charged with any offence may be executed by any police officer at any time notwithstanding that the warrant is not in his possession at that time, but the warrant shall, on the demand of the person apprehended, be shown to him as soon as practicable after his arrest.

26.   Summonses

Any summons lawfully issued by a court may be served by any police officer at any time during the hours of daylight.

27.   Bail of person arrested without warrant

When a person is arrested without a warrant, he shall be taken before a magistrate who has jurisdiction with respect to the offence with which he is charged or is empowered to deal with him under section 484 of the Criminal Procedure Act as soon as practicable after he is taken into custody:

Provided that any police officer for the time being in charge of a police station may inquire into the case and-

(a)    except when the case appears to such officer to be of a serious nature, may release such person upon his entering into a recognisance, with or without sureties, for a reasonable amount to appear before a magistrate at the day, time and place mentioned in the recognisance; or

(b)    if it appears to such officer that such inquiry cannot be completed forthwith, may release such person on his entering into a recognisance, with or without sureties for a reasonable amount, to appear at such police station and at such times as are named in the recognisance, unless he previously receives notice in writing from the superior police officer in charge of that police station that his attendance is not required, and any such bond may be enforced as if it were a recognisance conditional for the appearance of the said person before a magis- trate.

28.   Power to search

(1)    A superior police officer may by authority under his hand authorise any police officer to enter any house, shop, warehouse, or other premises in search of stolen property, and search therein and seize and secure any property he may believe to have been stolen, in the same manner as he would be authorised to do if he had a search warrant, and the property seized, if any, corresponded to the property described in such search warrant.

(2)    In every case in which any property is seized in pursuance of this section, the per- son on whose premises it was at the time of seizure or the person from whom it was taken if other than the person on whose premises it was, may, unless previously charged with receiving the same knowing it to have been stolen, be summoned or arrested and brought before a magistrate to account for his possession of such property, and such magistrate shall make such order respecting the disposal of such property and may award such costs as the justice of the case may require.

(3)    Such authority as aforesaid may only be given when the premises to be searched are, or within the preceding twelve months have been, in the occupation of any person who has been convicted of receiving stolen property or of harbouring thieves, or of any offence involving fraud or dishonesty, and punishable by imprisonment.

(4)    It shall not be necessary on giving such authority to specify any particular property, provided that the officer granting the authority has reason to believe generally that such premises are being made a receptacle for stolen goods.

29.   Power to detain and search suspected persons

A police officer may detain and search any person whom he reasonably suspects of having in his possession or conveying in any manner anything which he has reason to believe to have been stolen or otherwise unlawfully obtained.

30.   Power to take fingerprints

(1)    It shall be lawful for any police officer to take and record for the purposes of identification the measurements, photographs and fingerprint impressions of all persons who may from time to time be in lawful custody:

Provided that if such measurements, photographs and fingerprint impressions are taken of a person who has not previously been convicted of any criminal offence, and such person is discharged or acquitted by a court, all records relating to such measure- ments, photographs and fingerprint impressions shall be forthwith destroyed or handed over to such person.

(2)    Any person who shall refuse to submit to the taking and recording of his measurements, photographs or fingerprint impressions shall be taken before a magistrate who, on being satisfied that such person is in lawful custody, shall make such order as he thinks fit authorising a police officer to take the measurements, photographs and finger- print impressions of such person.

PART V

Property unclaimed, found or otherwise

31.   Court may make orders with respect to property in possession of police

(1)    Where any property has come into the possession of the police as unclaimed property or property found or otherwise, a court of summary jurisdiction may, on application either of a member of the police force or by a claimant of the property, either order the delivery of the property to the person appearing to the court to be the owner thereof or, if the owner cannot be ascertained, make such order with respect to the property as to the court may seem meet.

(2)    Without prejudice to the generality of subsection (1) of this section and subject to the provisions of subsection (2) of this section and of section 32 of this Act, an order made under the said subsection (1) with respect to any property the owner of which can- not be ascertained may direct-

(a)    in the case of property that has not previously been sold in pursuance of section 32 of this Act, that the property be sold; and

(b)    in any case, that the proceeds of sale be paid into the Police Reward Fund, after deduction of the cost (if any) of the sale and of any sum which the court may direct to be paid as a reward to any person by whom the property was de- livered into the possession of the police.

(3)    An order under this section shall not affect the right of any person to take within six months from the date of the order legal proceedings against any person in possession of the property delivered by virtue of the order for the recovery of the property, but on the expiration of those six months the right shall cease.

32.   Perishable articles

Where the property is a perishable article or its custody involves unreasonable expense or inconvenience it may be sold at any time, but the proceeds of sale shall not be disposed of until they have remained in the possession of the police for six months; and in any other case the property shall not be sold until it has remained in the possession of the police for six months.

PART VI

Miscellaneous provisions

33.   The Police Reward Fund

(1)    There shall be established a fund to be called "the Police Reward Fund" (in this section referred to as "the Fund") into which shall be paid the following-

(a)    all pay forfeited by order of a superior officer on members of the Force for offences against discipline;

(b)    all fines levied for assaults on members of the Force;

(c)    one third of any fees paid by members of the public in respect of extracts from reports of accidents made by the police;

(d)    one third of any fees paid in accordance with standing orders for the services of police officers who would otherwise be off duty;

(e)    all sums ordered to be paid into the Fund under section 31 (2).

(2)    Subject to the rules for the time being in force under section 23 of the Finance (Control and Management) Act with respect to disbursements from the Fund, the Fund shall be applied at the discretion of the Inspector-General for any of the following pur- poses, that is to say-

(a)    to reward members of the Force for extra or special services;

(b)    for procuring comforts, conveniences or advantages for members of the Force which are not authorised to be paid for out of moneys provided by the Federal Government;

(c)    for payment of ex gratia compassionate gratuities to widows or children of deceased members of the Force;

(d)    for making ex gratia payments towards the funeral expenses of any member of the Force who dies in the service of the Force.

34.   Crying down credit

A superior police officer shall, upon first arrival at any place where police are to be stationed, cause public proclamation to be made that if the inhabitants suffer constables to contract debts, such debts are not recoverable from their due or accruing pay and will not be discharged by the officers.

35.   Pay of constables not to be withheld for debt: exception

The pay of any constable shall not be withheld upon any civil process except in respect of any debt or liability which he may have incurred within three years next before being appointed to the Force, and for such debt or liability when constituted by decree his pay may be withheld to an extent not exceeding one half of any monthly payment thereof; and when an order for payment of such debt or satisfaction of such liability is made, the court making the order shall give due notice thereof to the superior police offi- cer in charge of the detachment to which the judgment debtor belongs, and thereupon the amount ordered shall be stopped out of the judgment debtor's pay until the amount of the decree is made good:

Provided that no amount shall be withheld on an order made by a native tribunal.

36.   Police officers not to engage in any private business

No member of the Force shall, while he holds such appointment, engage in any private business or trade, without the written consent of the Nigeria Police Council or any person to whom such power is delegated.

PART VII

Offences

37. Offences

(1)    Any police officer other than a superior police officer who-

(a)    begins, raises, abets, countenances, or excites mutiny;

(b)    causes or joins in any sedition or disturbance whatsoever;

(c)    being at any assemblage tending to riot, does not use his utmost endeavour to suppress such assemblage;

(d)    coming [into] the knowledge of any mutiny, or intended mutiny or sedition, does not without delay give information thereof to his superior officer;

(e)    strikes or offers any violence to his superior officer, such officer being in the execution of his duty;

(f)     deserts or aids or abets the desertion of any constable from the Force; or

(g)    on enlistment falsely states that he has not been convicted or imprisoned for a criminal offence or that he was never employed by the Government of the Federation or Government of any State,

shall be liable to imprisonment for two years.

(2)    Any police officer may be proceeded against for desertion without reference to the time during which he may have been absent, and thereupon may be found guilty, either of desertion or of absence without leave:

Provided that a police officer shall not be convicted as a deserter or of attempting to desert unless the court shall be satisfied that there was an intention on the part of such officer either not to return to the Force, or to escape some particular important service.

38.   Apprehension of deserters

Upon reasonable suspicion that any person is a deserter, any constable or other person may apprehend him and forthwith bring him before a court having jurisdiction in the place wherein he was found, which may deal with the suspected deserter or remand him to a court having jurisdiction in the place in which he has deserted.

39.   Assault on police officer

Every person who assaults, obstructs or resists any police officer in the execution of his duty, or aids or incites any other person so to assault, obstruct or resist any police officer or any person aiding or assisting such police officer in the execution of his duty, shall be guilty of an offence and, on summary conviction thereof before a magistrate, shall be liable to a penalty of fifty naira or to imprisonment for a term of six months.

40.   Refusing to aid police officer assaulted

If any person is called upon to aid and assist a police officer who is, while in the execution of his duty, assaulted or resisted or in danger of being assaulted or resisted, and such person refuses or neglects to aid and assist accordingly, he shall be guilty of an offence and, on summary conviction thereof before a magistrate, shall be liable to a penalty of fifty naira or to imprisonment for a term of six months.

41. Harbouring constable

Every person who knowingly harbours or entertains, or, either directly or indirectly, sells or gives any intoxicating liquor to, any constable when on duty, or permits any such constable to abide or remain in his house (except in case of extreme urgency); and any person who, by threats or by offer of money, gift, spirituous liquors, or any other thing, induces or endeavours to induce any constable to commit a breach of his duty as constable or to omit any part of such duty, shall be guilty of an offence and, on summary conviction thereof before a magistrate, shall be liable to a penalty of ten naira or to be imprisoned for a term of one month.

42.   Personation of police officer

Every person not being a police officer who puts on or assumes either in whole or in part, the dress, name, designation, or description of any police officer or any dress, name or designation, resembling and intended to resemble the dress, name or designation of any police officer, or in any way pretends to be a police officer, for the purpose of obtaining admission into any house or other place, or of doing any act which such person would not by law be entitled to do of his own authority, shall be guilty of an offence and, on summary conviction thereof before a magistrate, shall be liable to a penalty of N200 or to imprisonment for a term of one year.

43.   Obtaining admission into Force by fraud

(1)    Any person who knowingly uses or attempts to pass off any forged or false certificate, character, letter, or other document for the purpose of obtaining admission into the Force, or who, on applying for enlistment, shall make any false answer to any question which shall be put to him by a police officer, shall be guilty of an offence and, on summary conviction thereof before a magistrate, shall be liable to imprisonment for a term of six months.

(2)    Any police officer may arrest without warrant any person whom he reasonably believes to be guilty of an offence against this section.

44.   Ordinary course of law not to be interfered with

Nothing in this Act shall be construed to exempt any police officer from being proceeded against by the ordinary course of law when accused of any offence punishable under any other Act or law.

45.   Persons acquitted by court not punishable on same charge under this Act, nor if convicted, except by reduction

(1)    No person who has been acquitted by a court of any crime or offence shall be tried on the same charge or suffer any punishment on account thereof under this Act.

(2)    If any member of the Force has been convicted by a court of any crime or of- fence, he shall not be liable to be punished for the same offence under this Act, otherwise than by reduction in rank or grade or by dismissal from the Force.

PART VIII

Regulations and standing orders

46.   Power to make regulations

The President may make regulations on the recommendation of -

(a)    the Nigeria Police Council with respect to the policy, organisation and administration of the Force, including establishments and financial matters, other than pensions within the meaning of the Pensions Act;

(b)    the Police Service Commission with respect to appointments to offices in the Force, promotion, transfer, dismissal and disciplinary control of officers.

47.   Standing orders

(1)    The President may make standing orders for the good order, discipline and welfare of the Force after consultation with-

(a)    the Nigeria Police Council with respect to the policy, organisation and administration of the Force, including establishment and financial matters other than pensions within the meaning of the Pensions Act;

(b)    the Police Service Commission with respect to any matter relating to appointments to offices in the Force, promotion, transfer, dismissal and discipline of members of the Force.

(2)    The Police Service Commission, with the approval of the President, may make such standing orders as they may think fit and proper with respect to any matter relating to the duties and operational control of the Force.

(3)    Such standing orders shall be binding upon all police officers but need not be published in the Federal Gazette.

PART IX

Application

48.   Application of Act to persons already serving

All the provisions of this Act shall extend to all persons who, at the commencement of this Act shall be serving in a police force established under an Act repealed by this Act as if such persons had been appointed under this Act, and service under any such repealed Act shall, for the purposes of gratuities and pension, be deemed to be service under this Act.

PART X

Special constables

49.   The Nigeria Special Constabulary

(1)    There shall continue to be a Nigeria Special Constabulary (in this Act called "the special constabulary").

(2)    The special constabulary shall be, and be deemed always to have been, part of the Nigeria Police Force, and accordingly references in this Act to the police force established under this Act shall, subject to the provisions of this Act, include, and be deemed always to have included, references to the special constabulary.

(3)    The special constabulary shall consist of-

(a)    special constables appointed in normal circumstances under section 50 of this Act; and

(b)    such emergency special constables as may be appointed from time to time under section 4 of this Act.

(4)    In so far as any enactment (whether passed or made before or after the commencement of this Act) requires police officers to perform military duties or confers power (whether expressly or in general terms) to require police officers to perform such duties, that enactment shall not, in the absence of express provision to the contrary, ex- tend to members of the special constabulary.

50.   Appointment of special constables in normal circumstances

(1)    Subject to the provisions of this section, the competent authority may appoint as a special constable any person (whether male or female) who-

(a)    has attained the age of 21 years but has not attained the age of fifty years; and

(b)    is of good character and physically fit; and

(c)    has signified his willingness to serve as a special constable.

(2)    The President shall, from time to time, by notice published in the Federal Gazette fix the maximum number of persons who may at anyone time hold appointments under this section; and a person shall not be appointed as a special constable under this section if his appointment would cause the number for the time being so fixed to be exceeded.

(3)    Before fixing any number under subsection (2) of this section, the President shall obtain from the Nigeria Police Council a recommendation with respect thereto.

(4)    Subject to subsection (2) or this section, the Inspector-General may from time to time-

(a)    with the approval of the President fix the maximum number of persons who may at anyone time hold appointments under this section in any territory; and

(b)    at his own discretion fix the maximum number of persons appointed under this section who may at anyone time hold any particular rank in the special constabulary in any territory,

and may, in either case, fix different numbers with respect to different territories; and it shall be the duty of every competent authority to secure that the numbers fixed under this subsection are not exceeded.

(5)    Every special constable appointed under this section-

(a)    shall be appointed to serve as a special constable for one year or such longer period as may be agreed between him and the authority by whom he is appointed, and shall on appointment sign an engagement in the prescribed form to serve as a special constable for that period;

(b)    shall be appointed in respect of the police Area Command or, where there is no police Area Command, the police division in which he resides or is employed;

(c)    shall within the territory in which the police area in respect of which he is appointed is situated, but not elsewhere, have the powers, privileges and immunities of a police officer; and

(d)    subject to the provisions of this Act, shall be a member of the Nigeria Police Force for all purposes:

Provided that a special constable appointed in respect of a police area within the Federal Capital Territory, Abuja shall have the powers, privileges and immunities of a police officer not only within the Federal Capital Territory, Abuja but also within any police area adjacent to the Federal Capital Territory, Abuja.

(6)    A special constable appointed under this section shall have such rank as may be assigned to him by the competent authority; and where the rank of assistant superintendent or any high rank is assigned to a special constable under this subsection, the assigning authority shall cause notice thereof to be published in the Federal Gazette.

(7)    A special constable appointed under this section may within three months before the end of his first or any subsequent period of engagement, and with the permission of the competent authority, re-engage to serve for a further period of one year or such longer period as may be agreed between him and that authority and, if he does so, his appointment under this section shall be deemed to have been extended accordingly; and without prejudice to the right of the competent authority to refuse permission in any case, a per- son shall not be permitted to re-engage under this subsection unless he would, if not already a special constable, be qualified for appointment as such under subsection (1) above.

(8)    Every special constable appointed under this section shall, on appointment, be issued with a certificate of appointment in the prescribed form, and on the determination of his appointment (whether by the passage of time or under section 51 of this Act) shall be issued with a certificate of discharge in the prescribed form.

(9)    In relation to constables appointed under this section-

(a)    section 16 hereof (which relates to the making of a declaration on enlistment or re-engagement) shall have effect as if for the reference to enlistment there were substituted a reference to appointment; and

(b)    section 17 of this Act (which relates to re-engagement) shall not apply.

51.   Resignation, suspension and dismissal of constables appointed under section 50

(1)    A special constable appointed under section 50 of this Act may at any time give to the superior police officer in charge of the police area in respect of which he is appointed notice in writing to the effect that he desires to resign his appointment on a date (not being less than fourteen days later than the date on which the notice is given) mentioned in the notice.

(2)    On receipt of a notice under the foregoing subsection the superior police officer in question shall refer it to the competent authority; and if, but only if, the competent authority consents to the notice having effect, the appointment of the special constable by whom the notice was given shall determine on the date mentioned in the notice or the date on which he is notified that the competent authority has given his consent under this subsection, whichever is the later.

(3)    The competent authority may at any time, for reasons appearing to him to be sufficient, by notice in writing forthwith suspend or determine the appointment of any special constable appointed under section 50 of this Act and may, if he thinks fit, do so with- out informing the special constable of the reasons for his action, but shall in every case immediately report his action and the reasons therefor to the Inspector-General.

(4)    A special constable whose appointment is suspended or determined under sub- section (3) of this section otherwise than by the Nigeria Police Council, may appeal against the suspension or determination to the competent authority; and any such appeal shall be heard and determined by the competent authority to whom it is made.

(5)    Any delegation of the powers of the Nigeria Police Council under subsections (3) and (4) of this section shall be such as to secure that in every case the competent authority

having power to hear and determine an appeal under subsection (4) of this section is a police officer of higher rank than the police officer against whose action the appeal is brought.

52.   Appointment of emergency special constables

(1)    If at any time the Commissioner of Police for a State is satisfied, as regards any police area in that State, that an unlawful assembly or riot or breach of the peace has taken place or may reasonably be expected to take place in that area, or that by reason of other special circumstances it is necessary in the public interest for emergency special constables to be appointed in respect of that area, he may authorise the superior police officer in charge of that area or any chief superintendent of police to appoint persons resident or employed in that area (whether male or female) as emergency special con- stables.

(2)    An authorisation under this section need not be in writing, but must specify the maximum number of emergency special constables who may be appointed under that authorisation.

(3)    Where a superior police officer proposes to appoint any person as an emergency special constable under an authorisation given under this section, he shall cause to be served on that person a notice in the prescribed form requiring him to present himself at a time and place specified in the notice for appointment as an emergency special constable.

(4)    Every person on whom a notice is served under subsection (3) of this section shall present himself at the time and place specified in the notice and shall there, on being required to do so by the superior police officer proposing to appoint him, make and sign a promise in the prescribed form to serve as an emergency special constable until such time as his appointment is determined under this section; and immediately after he has made and signed that promise, the superior police officer shall hand to him a document in the prescribed form appointing him as an emergency special constable in respect of the police area to which the authorisation under which he is being appointed relates.

(5)    Every emergency special constable appointed under this section-

(a)    shall, in the police area in respect of which he is appointed, but not elsewhere, have the powers, privileges and immunities of a police officer; and

(b)    subject to the provisions of this Act, shall be a member of the Nigeria Police Force for all purposes and shall accordingly be subject to the provisions of this Act.

(6)    The superior police officer in charge of the police area in respect of which an emergency special constable is appointed may at any time, and shall if so directed by the Commissioner of Police for the State in which that police area is situated, by notice in writing forthwith, or with effect from a future date specified in the notice, determine the emergency special constable's appointment; and on the determination of his appointment under this section an emergency special constable shall be issued with a certificate of discharge in the prescribed form.

(7)    Any person who without reasonable excuse (proof of which shall lie on him)-

(a)    refuses or fails to comply with the requirements of a notice served on him under subsection (3) of this section; or

(b)    refuses to make and sign a promise to serve on being required to do so under subsection (4) of this section,

shall be liable on summary conviction to a fine not exceeding forty naira.

(8)    The foregoing provisions of this section shall apply in relation to the Federal Capital Territory, Abuja as they apply in relation to a State, subject to the modification that, in relation to the Federal Capital Territory, Abuja any reference to the Commissioner of Police shall be construed as a reference to the Inspector-General of Police.

(9)    The foregoing provisions of this section shall have effect subject to section 53 (2) and (3) of this Act.

53.   Provisions supplementary to section 52

(1)    The Commissioner of Police for a State or the Inspector-General-

(a)    on giving an authorisation under section 52 of this Act, shall forthwith inform the President of his action and of the circumstances which led him to take it, and shall as soon as possible cause notice of the giving of the authorisation to be published in the appropriate Gazette; and

(b)    as soon as possible after all emergency special constables appointed under that authorisation have been discharged, shall cause notice of that fact to be published in the appropriate Gazette.

In this subsection "the appropriate Gazette", in relation to the Commissioner of Po- lice for a State means the State Gazette, and in relation to the Inspector-General means the Federal Gazette.

(2)    The President may by order published in the Federal Gazette declare persons of any class or description specified in the order to be exempt from appointment as emergency special constables under section 52 of this Act, and the power to appoint persons as emergency special constables under that section shall not extend to persons of any class or description for the time being so specified.

(3)    Any power to make or determine appointments under or by virtue of section 52 of this Act shall be exercisable only while there is in force the necessary delegation of that power by the Nigeria Police Council.

(4)    Section 16 of this Act (which requires certain police officers on enlistment to make and subscribe the police declaration prescribed by the Oaths Act) and section 17 of this Act (which relates to re-engagement) shall not apply to emergency constables.

54.   Equipment

(1)    The Inspector-General may provide for use by special constables such batons, clothing and other equipment as he considers necessary for the proper carrying out of their duties.

(2)    Any expenses incurred by the Inspector-General under this section shall be de- frayed out of moneys provided by the Federal Government.

55.   Instruction of special constables

(1)    Regulations made by virtue of section 46 (a) of this Act with respect to the organisation and administration of the Force shall not require special constables to attend for instruction on more than four days in anyone month or for periods amounting in the aggregate to more than 24 hours in anyone month.

(2)    Any person responsible for giving instruction to special constables under regulations made as aforesaid shall have regard as far as possible to the convenience of special constables who are to attend for instruction and also, where applicable, to that of the employers of such special constables.

56.   Allowances, pensions, etc.

(1)    Except as expressly provided by this section or by regulations made by virtue of subsection (3) of this section, a person's service as a special constable shall not render him or any other person eligible for any pay, allowance, pension or gratuity under this Act or the Pensions Act.

(2)    A special constable shall have no claim on the Police Reward Fund established under section 33 of this Act and shall not as such be entitled to occupy living accommodation provided at the public expense.

(3)    Regulations made by virtue of section 46 (a) of this Act may provide for allowances to be paid to special constables-

(a)    in respect of expenses incurred by them in connection with their attendance at periods of instruction;

(b)    as compensation for loss of earnings during periods of full-time duty; and

(c)    in respect of the use by special constables of or of this subsection the rank of inspector of their own vehicles while on full-time duty, but shall not provide for the payment of any other allowances to special constables; and the amount of any such allowance as is mentioned in paragraph (a) or (b) of this subsection shall be fixed by the regulations, and shall not be calculated by reference to the actual expenses or loss of earnings of the person to whom it is payable.

(4)    Without prejudice to the generality of the said section 46 of this Act, regulations thereunder may make provision for enabling any such allowance as is mentioned in sub- section (3) of this section to be withheld by a superior police officer if, in his opinion, there are good reasons for withholding it.

(5)    Subject to subsection (7) of this section, section 6 of the Pensions Act (which contains corresponding provisions applicable to police officers above the rank of constable) shall apply to special constables as they apply to regular police officers.

(6)    Subject to subsection (7) of this section, paragraphs (1) and (2) of regulation 24 of the repealed Pensions Regulations (which make provision for the payment of pensions to officers in respect of permanent injuries received while on duty) shall apply to special constables as they apply to regular police officers, so however that, for the purposes of the application of those paragraphs to special constables, references to retirement shall be construed as references to retirement from employment other than employment as a special constable.

(7)    If a special constable is killed or sustains injuries at a time when he holds some other office in the public service of the Federation or of a State, his duty as a special con- stable shall, for the purpose of the Pensions Act, be deemed to form part of his duty as the holder of that other office, and subsections (5) and (6) of this section shall not apply in his case.

(8)    Any pension granted by virtue of subsection (5) or (6) of this section shall be subject to the provisions of the Act under which it is granted and shall be liable to cease or be otherwise dealt with accordingly.

(9)    In this section, "regular police officer" means a police officer who is neither a special constable nor a supernumerary police officer.

57.   Interpretation

In this Part, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say-

"competent authority", in relation to any power to appoint special constables, or to approve their re-engagements, or to suspend or determine their appointments, or to assign ranks to or exercise disciplinary control over special constables, or to hear their appeals against suspension or dismissal, means the Nigeria Police Council or any superior police officer or inspector to whom the power in question has by notice published in the Federal Gazette been delegated in accordance with the Constitution of the Federal Republic of Nigeria 1999, and any such notice may, as regards any such power, make different provision with respect to different ranks in the special constabulary;

"emergency special constable" means an emergency special constable appointed under section 52 of this Act;

"police area" means any police province, police district or police division; "police Area Command"46

"police district" and "police division" mean respectively a police Area Command, police district or police division established under the provisions of standing orders made under section 47 of this Act;

"prescribed" means prescribed by regulations made under section 46 of this Act;

"special constable" includes an emergency special constable;

"territory" means a State or the Federal Capital Territory, Abuja.

58.   Repeal and transitional provisions

(1)    The Special Constables Act 1959 is hereby repealed, and Government Notice No. 1598 (Approval of Maximum Personnel Establishment) dated 30th July, 1960 and the Special Constables (Training and Allowance) Regulations 1960, are hereby revoked. [1959 No. 23. L.N. 116 of 1960.]

(2)    Subject to subsections (1) and (4) of this section, anything done under or by virtue of the Special Constables Act shall be deemed to have been done under or by virtue of the corresponding provision of this Act; and anything begun under or by virtue of the said Act of 1959 may be continued under or by virtue of this Act as if begun under or by virtue of this Act.

(3)    Without prejudice to the generality of subsection (2) of this section, any person who immediately before the commencement of this Act held an appointment as a special constable under the Special Constables Act shall be deemed to have been appointed under and in accordance with the corresponding provisions of this Act on the date and for the period on or for which he was actually appointed; and service under that Act shall, for the purposes of any pension for which a special constable is eligible by virtue of this Act, be deemed to be service under this Act.

(4)    Nothing in this Act shall affect any pension which was before the commencement of this Act granted under the Special Constables Act; and the provisions of that Act shall continue to apply to any pension so granted as if this Act had not been made.

PART XI

Traffic warden service

59.   Establishment of the Traffic Warden Service

(1)    There is hereby established a Traffic Warden Service (in this Act referred to as "the warden service").

(2)    The warden service shall consist of traffic wardens appointed from time to time under this Act.

(3)    The warden service shall be a part of the Nigeria Police Force, and accordingly references to the police force established under this Act shall, subject to the provisions of this Act, include references to the warden service.

(4)    Notwithstanding subsection (3) of this section, in so far as any enactment (whether passed or made before or after the commencement of this Act) requires police officers to perform military duties, or confers any power on any person (whether expressly or in general terms) to require police officers to perform such duties, that enactment shall not, in the absence of express provision to the contrary, extend to traffic war- dens.

(5)    Traffic wardens shall be employed to discharge functions normally undertaken by the police in connection with the control and regulation of, or the enforcement of the law relating to, road traffic and shall in that connection act under the direction of the police.

(6)    Without prejudice to the generality of the foregoing subsection, a traffic warden shall be required to deal inter alia with the following, that is to say-

(a)    general control and direction of motor traffic on the highway;

(b)    assisting pedestrians to cross the road; and

(c)    controlling vehicles stopping or parking in unauthorised places.

60.   Appointment of traffic wardens

(1)    Notwithstanding anything to the contrary in any enactment, the Inspector-General is hereby vested with the power to appoint, confirm such appointment, promote, transfer, dismiss or exercise any disciplinary control over any traffic warden.

(2)    Subject to the provisions of this Act, a person may be appointed a traffic warden if he-

(a)    is not less than nineteen nor more than 21 years of age;

(b)    is in possession of a minimum educational qualification of primary six;

(c)    is not less than 167.64 centimetres and 162.56 centimetres tall respectively for men and women;

(d)    in the case of men, has not less than 86.36 centimetres chest measurement when fully expanded;

(e)    is of good character and is physically fit; and

(f)     has signified his willingness to serve as a traffic warden.

(3)    The President shall, from time to time, by notice published in the Federal Gazette, fix the maximum number of persons who may at anyone time hold appointments under this Act; and a person shall not be appointed as a traffic warden if his appointment would cause the number for the time being so fixed to be exceeded.

61.   Period of service

(1)    Every traffic warden appointed under this Act shall be appointed to serve as a traffic warden for a period of one year; and only in the police province, district or division in which he resides.

(2)    Such a traffic warden may, subject to satisfactory conduct and service, be reappointed for further periods of three years each until the expiration of the tenth year of his appointment in the warden service when he may elect to determine his appointment or elect that his service be allowed to continue until he is 55 years of age.

62.   Powers, etc., of a traffic warden

A traffic warden appointed under this Act shall, when on duty, in uniform and within the police province, district or division in which he is appointed to serve, but not else- where, have the powers, privileges and immunities of a police officer under any law relating to the regulation of road traffic.

63.   Certificate of appointment and of discharge

Every traffic warden shall, on first appointment, be issued with a certificate of appointment in a form approved by the Inspector-General and on the determination of that or any subsequent appointment (whether by effluxion of time or under section 10 of this Act) shall in like manner be issued with a certificate of discharge.

64.   Ranks of traffic wardens

A traffic warden shall have such rank as may be assigned to him by the Inspector-General within the following grades, that is-

(a)    Traffic Warden Grade III;

(b)    Traffic Warden Grade II,

(c)    Traffic Warden Grade I;

(d)    Senior Traffic Warden.

65.   Resignation

(1)    A traffic warden appointed under this Act may at any time give to any superior police officer under whom he is serving, notice in writing of his intention to resign his appointment on a date mentioned in the notice (not being less than 28 days later than the date on which the notice is given).

(2)    On receipt by the superior police officer of the notice referred to in subsection (1) of this section, the superior police officer shall immediately thereafter refer such notice to the Commissioner having control over him and the traffic warden, and if the Commis- sioner consents to the notice having effect, the appointment of the traffic warden shall determine accordingly.

(4)    Before fixing any number under subsection (3) of this section, the President shall obtain from the Nigeria Police Council recommendation with respect thereto.

(5)    The Inspector-General may from time to time-

(a)    with the approval of the President, fix the maximum number of traffic wardens who may at anyone time hold appointments in any State;

(b)    at his own discretion fix the maximum number of traffic wardens who may at anyone time hold any particular rank in the warden service in any State; and

(c)    in either case fix different numbers with respect to different States.

(6)    In relation to traffic wardens appointed under this Act-

(a)    section 16 of this Act (which relates to the making of a declaration for enlistment or re-engagement) shall have effect as if for the reference to enlistment or re-engagement there were substituted respectively a reference to appointment or re-appointment; and

(b)    the form of the police declaration prescribed by the Oaths Act shall be adapted by the substitution-

(i)     for the words "police officer" where they occur in the fifth line, of the words "a traffic warden"; and

(ii)    for the words from "for the preservation of peace" to the end of the declaration, of the words "to discharge all the duties of my office ac- cording to law".

66.   Discipline

(1)    In so far as the context so admits, but subject to the provisions of this Act, a traffic warden shall be subject to the provisions of the Police Regulations for purposes of discipline.

(2)    In the application to traffic wardens of the Second Schedule to the Police Regulations, references to Constables, Corporals, Sergeants and Inspectors shall include respectively references to Traffic Wardens Grade III, Traffic Wardens Grade II, Traffic War- dens Grade I and Senior Traffic Wardens.

67.   Provision of equipment

(1)    The Inspector-General may provide for use by the traffic wardens such equipments as he considers necessary for the proper carrying out of the duties of traffic war- dens under this Act.

(2)    Any expenses incurred by the Inspector-General under this section shall be de- frayed out of moneys provided by the Federal Government.

68.   Delegation of power by Inspector-General

The Inspector-General may delegate any of his powers under this Act to the Commissioner of a State or the Commandant of a police college (except this power of delegation) so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified or defined in the instrument of delegation.

69.   Instruction of traffic warden, etc.

(1)    Every person appointed into the warden service shall be required to undergo a course of training at the traffic training school of a police college for a period of twelve weeks or such other or further period as the Inspector-General may determine.

(2)    A traffic warden appointed under this Act shall have allocated to him a service number with the letters "TW" and the service numbers of all traffic wardens employed in the Federation shall appear on the register kept for that purpose by the Inspector-General.

(3)    It shall be the duty of every traffic warden to whom a service number has been allocated under subsection (2) of this section, whenever on duty to wear such service number on the shoulder tlaps of his uniform.

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation I. Nigeria Police Regulations.

2.     Traffic Wardens (Maximum number of persons) Notice.

 

NIGERIA POLICE REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I

General

REGULATION

I.      Short title and revocation. 2. Interpretation.

PART II

Organisation of the Force

Territorial boundaries

3.     Office of the Inspector-General to be deemed a police Area Command.

4.     Division of the Federation into police Area Commands.

5.     Territorial divisions of police Zonal Commands, etc.

6.     Police station area of responsibility not to be territorially subdivided.

7.     Division of large urban area for police purposes.

8.     Territorial boundaries of police areas of responsibility.

9.     Adjustment of police territorial boundaries.

10.    Police territorial boundaries to be published in the Federal Gazette.

Command of the Force

11.    Command of the Force.

12.    Command of Police Zonal and State Command.

13.    Command of Police Area Command.

14.    Command of police division.

15.    Command of police district.

16.    Command of police station.

17.    Command of police post.

18.    Command of village post.

Situation of police headquarters, etc.

19.    Situation of headquarters.

20.    Situation of police station.

21.    Situation of police post and village post, etc.

Grading of police stations and posts

22.    Grading of police stations and posts.

23.    Prescribed authority for setting up and closure of police formations.

24.    Regrading of formation to be published in the Federal Gazelle.

Police mobile force 25. Establishment of police mobile force.

REGULATION

26.    Arming and equipping of police mobile force.

27.    Control of police mobile force.

28.    Service in the police mobile force.

Motor Traffic Divisions

29.    Establishment of Motor Traffic Division.

30.    Functions of Motor Traffic Division.

31.    Command of Motor Traffic Division.

Organisation of subordinate Headquarters

32.    Organisation of subordinate Headquarters formations.

PART III

Organisation of Force Headquarters

33.    Inspector-General to establish "A", "13", "C", "0", etc., Departments in Force Headquarters.

34.    Command of Force Headquarters Departments.

35.    Duty of co-ordinating the work of Force Headquarters Departments.

36.    Command of a Branch of Force Headquarters Department.

37.    Inspector-General may classify any police formation as Force Headquarters formation.

PART IV

Appointments

Superior police officers and inspectors

38.    Types of appointments.

39.    Direct entry appointments.

40.    Recruitment of overseas officers on contract terms.

Qualifications and conditions of service, Cadet ASPs

41.    Appointment as Cadet ASP restricted to general duties officers.

42.    Qualifications.

Qualifications required of technical officers

43.    Qualifications for appointment as ASP (V 10).

44.    Qualifications for appointment as ASP (workshops).

45.    Qualifications for appointment as ASP (stores).

46.    Qualifications for appointment as ASP (works).

47.    Qualifications for appointment as ASP (public relations).

48.    Qualifications for appointment as ASP (art).

49.    Qualifications for appointment as ASP (film production).

50.    Qualifications for appointment as ASP (photography).

51.    Qualifications for appointment as ASP (library).

Appointment of cadet sub-inspectors (direct entry)

REGULATION

52.    Qualifications for appointment as cadet sub-inspectors.

53.    Appointment of cadet sub-inspector on probation.

54.    Accelerated promotion.

Conditions of service of cadet officer

55.    Training courses.

56.    Extension of training courses.

57.    General service provisions.

58.    Offer of alternative appointment.

59.    Termination of appointment.

60.    Resignations.

61.    Interview of cadet officer for appointment.

62.    Probationary period (general duties officers).

63.    Probationary period (technical duties officers).

64.    Extension of probationary period.

65.    Confirmation of officers on probation.

66.    Resignation-officers on probation.

67.    Termination of probationary appointments.

68.    Offer of alternative employment.

Conditions of trial period of service of assistant superintendents

69.    Confirmation of ASPS on trial.

70.    Reversion in rank of ASP on trial.

PART V

Enlistment, rank and file

71.    Recruitment officers.

72.    Qualifications for enlistment.

73.    Deformities and abnormalities to be a bar to enlistment.

74.    Entrance examination.

75.    Entrance examination syllabus.

Enlistment procedure

76.    Candidates to apply to Area Commander in first instance.

77.    Area Commander to interview applicants.

78.    Area Commander to inform candidates who are not to be called for interview.

79.    Rejection of a candidate after interview by Area Commander.

80.    Area Commander to maintain Area Command Recruits Register.

81.    Application to Enlist Forms to be forwarded to recruitment officer.

82.    Definition of Police Area Commander.

Force entrance examination - procedure

REGULATION

83.    Holding of entrance examination.

84.    Recruitment officers may select candidates for entrance examination.

85.    Candidate to be fingerprinted.

86.    Notification of failure at the examination.

87.    Recruitment officer to maintain Recruits Control Register.

88.    Notification of success at the examination.

89.    Medical examination for candidates.

90.    Attestation of candidates.

91.    Rejection by Police Area Commander of candidates.

92.    Area Commander to forward candidates' records to recruitment officer.

93.    Fingerprints search.

94.    Call up of candidates.

95.    Candidate to be provided with free travel warrant to reporting centre.

96.    Identity check at interview of candidate by recruitment officer.

97.    Administration of declaration on oath, preliminaries.

98.    Administration of Police Declaration.

99.    Approval for service.

Procedure on rejection of candidate

100. Rejection of candidate by recruitment officer.

101. Issue of free travel warrant to rejected candidate.

102. Recruitment officer to advise I.G. of rejection of candidate.

Training of recruit constables

103. Training courses for recruit constables.

104. Extension of training courses.

Appointment of constables

105. Appointment to rank of constable.

106. Allocation of Force Numbers.

107. Terms of service. 109. Service records.

Varying or dispensing with prescribed qualifications 110. Prescribed qualifications may be varied or dispensed with.

111.  Inspector-General's authority required for dispensing with prescribed qualifications. I 12. Sub-standard entrants.

113.  Sub-standard entrants not to be transferred.

General provisions

114.  Reasons for rejection of application to enlist need not be given. 115. Unsuccessful candidates may resit the entrance examination.

Discharge of recruit constables

REGULATION

116.  Termination of service of recruit constable.

117. Inspector-General to be informed of reason for discharge.

Enlistment of women police

118.  Qualifications for women candidates for enlistment in the Force.

119. Enlistment procedure.

120. Interviewing of women candidates for enlistment.

Duties of women police

121.  General duties of women police officers.

122.  Employment of women police in offices.

Women police - miscellaneous conditions of service

123.  Women police not to drill under arms.

124.  Women police to apply for permission to marry.

125.  No special privileges to be granted to married women police.

126.  Maternity leave.

127.  Pregnancy of unmarried women police.

128.  Women police not to wear jewellery, etc., on duty.

Enlistment of constable drivers

129.  Enlistment procedure and qualifications required.

130.  Training course.

131.  Recruit constables may be enlisted as constable drivers.

Police constable bandsmen

132. Enlistment procedure.

133. Action by station officer.

134. Initial interview.

135. Initial training period.

136. Admittance to School of Music.

Re-engagement and re-enlistment of members of the rank and file

137. Re-engagements.

138. Notice of intention to re-engage or not to re-engage.

139. Completion of re-engagement formalities.

140. Conditions of re-engagement.

141. Failure to apply for re-engagement or continued service.

142. Police Form A/1/7 to be completed on re-engagement.

143. Conditions of continued service.

144. Action in case of continued service not formally authorised.

145. Re-engagement of constables after discharge.

146. Re-engagement of NCOs. after discharge.

REGULATION

147. Re-engagement of ex-members of the Force in certain cases.

148. Re-engagement of members of the Technical Branch.

PART VI

Promotions

General Duties Branch

149. Principles governing promotions.

150. Advancement of ASPs through the Long Grade salary scale.

151. Advancement of SPs through the Long Grade salary scale.

Force Inspectorate

152. Selection of candidates for promotion.

153. Promotion courses and Selection Board.

154. Composition of Selection Board.

155. Candidates to be promoted on probation only.

156. Confirmation examination.

157. Recommendation at the conclusion of probation period.

158. Extension of trial period.

159. Reversion to previous rank.

160.  Promotions, confirmations and reversions to be published in the Federal Gazette.

161. Advancement to other grades in the Force inspectorate.

Rank and file

162.  Incremental advancement and promotion of members of rank and file.

163.  Accelerated advancement in certain cases.

164.  Promotions to be on area command basis and against vacancies in area command establishments.

165.  General principles governing promotion of members of rank and file.

166.  Special qualifications for promotion.

167.  Promotion to the rank of corporal.

168.  Accelerated promotion to the rank of corporal.

169.  Probation for six months on promotion.

170.  Probation for six months on promotion of corporal to sergeant.

171.  Reversion in rank for inefficiency.

172.  Reduction in rank of NCO on ground of misconduct: reinstatement.

173. Rank and File Interview Boards.

174. Composition of Rank and File Interview Boards.

175. Classification of candidates for advancement or promotion.

176. Rank and File Interview Board Reports.

177. Rank and File Promotions Merit Lists.

178. Special recommendation for promotion.

179. NCOs Promotions Selection Boards.

180. Interview Board reports.

Promotion courses

REGULATION

181. Selected candidates to attend promotion courses.

182. Exemptions to rules governing promotion to corporal and sergeant.

183.  Instruction staff may be exempted from attending Refresher Course School.

PART VII

The Technical branches of the Force

General

184. Technical branches of the Force.

185. Functions of the Force Mechanical Workshops Branch.

186. Functions of the Force Marine Branch.

187. Functions of the Force Supply Branch.

188. Functions of the Force Works Branch.

189. Duties of Force Public Relations Branch.

Qualifications for appointment into the technical branches

190. Launch Quartermaster

191. Launch Masters

192. ASP (Marine Branch)

193. Launch Engineer Grade III

194. Promotions of Launch Engineers

195. Promotion of Launch Engineers to assistant workshops officer

196. Police craftsmen

197. Promotion of craftsmen to assistant foreman

198. Advancement of' assistant foreman (Craftsman)

199. Promotion to foreman

200. Promotion to assistant workshops officer

201. Police artisans

202. Promotion of police artisan to assistant foreman, Grade II

203. Police artisans: limitation of promotion

204. Qualification for appointment as assistant police public relations officer [L.N. 6 of 1975.]

205. Qualification for appointment as assistant artist

206. Qualification for appointment as art studio assistant

207. Qualification for appointment as cinema supervisor

208. Qualification for appointment as driver-projectionist

209. Qualification for appointment as assistant photographer

210. Qualification for appointment as assistant library officer

211. Qualification for appointment as library assistant

212. Qualification for appointment as library attendant

213. Enlistment procedure

214. Incremental credits for new appointment to a technical branch

191. Launch Masters.

192. ASP (Marine Branch).

193. Launch Engineer, Grade III.

194. Promotions of Launch Engineers.

195. Promotion of Launch Engineers to assistant workshops officer.

196. Police craftsmen

197. Promotion of craftsmen to assistant foreman

198. Advancement of' assistant foreman (Craftsman)

199. Promotion to foreman

200. Promotion to assistant workshops officer

201. Police artisans

202. Promotion of police artisan to assistant foreman, Grade II

203. Police artisans: limitation of promotion

204.  Qualification for appointment as assistant police public relations officer

205. Qualification for appointment as assistant artist

206. Qualification for appointment as art studio assistant

207.  Qualification for appointment as cinema supervisor

208.  Qualification for appointment as driver-projectionist

209. Qualification for appointment as assistant photographer

210. Qualification for appointment as assistant library officer

211. Qualification for appointment as library assistant

212. Qualification for appointment as library attendant

213. Enlistment procedure

214. Incremental credits for new appointments to a technical branch.

Supplemental

215. Powers, privileges and immunities.

216. Duties.

217. Equivalent police ranks.

218. Discipline, launch masters/engineers.

219. Discipline, workshops personnel.

220. Salary on demotion of a member of a technical branch.

221.  Appointment of assistant workshop officers: qualifying periods of service.

PART VIII

Establishment and functions of police colleges, etc.

Police College Ikeja

222. Establishment of the Police College Ikeja.

223. Functions of Police College Ikeja.

224. Command of Police College Ikeja.

225. Police recruitment officer.

 

Police College Kaduna

226. Establishment of the Police College Kaduna.

227. Functions of Police College Kaduna.

228. Command of Police College Kaduna.

229. Police recruitment officer.

Refresher course schools

230. Establishment of refresher course schools.

231. Functions of refresher course schools.

232. Number of students at refresher course school.

233. Command of refresher course schools.

PART IX

Establishment of police bands and corps of drums

234. Establishment of central police band.

235. Establishment of police area command band.

236. Functions of police bands.

237. Private engagement of services of police band or corps of drums.

238. Power to refuse application for engagement.

239. Force band fund.

240. Band (engagement fees) fund.

241. Administration of force band fund and band (engagement fees) fund.

242. Fees for private engagements.

243. Transport fees.

REGULATION

244. Waiving of fees.

245. Distribution of fees.

Nigeria Police School of Music

246. Establishment of Nigeria Police School of Music.

247. Director of Nigeria Police School of Music.

248. Functions of the Nigeria Police School of Music.

249. Number of bandsmen.

PART X

The police station

Functions and organisation

250. Functions of the police station.

251. Setting up of mobile police stations.

Records to be kept at police stations, etc.

252. Crime Prevention Records, Criminal Records, Minor Offences Records, etc.

253. Police Station Crime Prevention Records.

254. Police Station Criminal Records.

255. Police Stations Records of motor traffic offences, and offences against bye-laws.

256. Police Station Records of Incidents.

257. Registers of Record, police post.

258. Registers of Record, village police post.

259. Inspector-General may order additional records to be kept.

 

Control of police stations

260. Station Officer 2i/c.

261. Assistant Station Officer.

262. Assistant Station Officer to act for Station Officer.

263. Senior NCO or constable to act as Station Officer.

Administrative organisation

264. Police station administrative organisation.

265. Control of station administrative and executive duties.

266. Station Officer 2i/c to be Station Crime Duties Officer.

267. Appointment of Minor Offences Officer.

 

The charge office 268. Establishment of Station Charge Room.

PART XI

Force orders and instructions

Nature and form of Force Orders

269. Nature of Force Orders.

REGULATION

270. Form of Force Orders.

271. Police Orders.

272. Police Formation Orders.

PART XII

The ranks of the Force, insignia of rank, precedence and uniforms

Rank of the Force and Insignia

273. Ranks and insignia of rank.

274. Rank to denote duties in certain cases.

275. Ranks of workshop personnel.

276. Ranks of launch quartermasters.

277. Police artisans to wear craft emblems.

278. Police artisans and general duties personnel; equivalent ranks.

Significant uniforms and undress uniforms

279. Significant Uniforms of the Force.

280. Order of dress and dress regulations.

281. Badge of the Force.

282. Wearing of insignia of rank.

PART XIII

Force animals

Police Service horses

283. Force Equitation Officer.

284. Establishment of Force Equitation School.

285. Functions of Force Equitation School.

286. Training of Police Service horses.

Police Camelry Corps

287. Police Camelry Corps.

Police Service dogs

288. Classes of Police Service dogs.

289. The Force Dogmaster.

290. Police Service dog handlers.

291. Establishment of Force Police Service Dog Training Centre.

292. Functions of Force Police Service Dog Training Centre.

293. Force Service Dog Establishment.

294. Police Kennels.

295. Police Kennelmen.

296. Police Service dogs to be innoculated against rabies.

 

Purchase of Force animals

REGULATION

297. Inspector-General to be responsible for purchase of Force animals.

298. Horses to be purchased in Nigeria.

299. Principal requirements of a horse to be purchased for the Force.

300.  Dogs may be purchased in Nigeria or overseas. 301. Breeds of dogs to be purchased.

302.  Requirements of dogs to be purchased for service with the Force.

303.  Veterinary officer's certificate of fitness.

Identification of service animals, etc.

304. Identification numbers for Force animals.

305. Manner of affixing identification number.

306. Disposal of service animals.

307. Veterinary officer's report if Force animal dies.

308. Power to order inquiry into cause of death of Force animal.

PART XIV

Duties of officers

309.  Duties of the Inspector-General.

310.  Nigeria Police annual report.

311.  Orders relating to duty post not specified in regulations or standing orders.

312.  Duties of Deputy Inspector-General.

313.  Duties of Assistant Inspector-General.

314.  General duties of officers controlling Departments.

315.  Duties of the officer in charge of the Force Central C.I.D.

316.  Duties of Commissioner of Police for a State Command.

317.  Commissioner to report movements.

318.  Duties of Provincial Police Officer.

319.  Police Area Commander to report to Inspector-General and to Commissioner, the commission of offences.

320.  General duties of Police Area Commander.

321.  Absence of Police Area Commander from Area Command.

322.  Absence of Police Area Commander from headquarters.

323.  Duties of Station Officer.

324.  Station Officer to report offences to District or Divisional Police Officer.

325.  General duties of Station Officer.

326.  Station Officer inspection duties.

327.  Station Officer to report absence from station.

328.  Station Officer not to leave locale of station area without permission.

329.  Training duties of station officer.

330.  Drill parades and riot drill.

331.  Duties of administrative officer.

REGULATION

332. Crime duties of officer 2i/c of police station.

333. Duties of the Charge Room Officer.

334. Charge Room Officer not to leave Charge Room.

335. Station Writer to be seated at Charge Desk.

336. Duties of Station Writer.

337. Duties generally.

338. Furtherance of the good name of the Force.

339. Standards of conduct of police officer.

340. The attributes of a police officer.

341. Liability for misuse of powers.

342. Police officers to study first-aid.

343. Duties of superior police officers generally.

344. Superior police officer to report if incapacitated for duty.

345. Duties of inspectors and non-commissioned officers generally.

346. Duties of constables.

347. Obedience to orders.

348. Duties generally.

349. Duty postings.

350. Hours of duty.

351. Police officer's responsibility when off duty.

PART XV

Code of conduct

352. Complaint of grievances and wrongs.

353. Conduct of police officers generally.

354. Receiving or giving of presents prohibited.

355. Gifts from subordinates.

356. Gifts to be surrendered to Accountant-General in certain cases.

357. Memorial funds.

358. Acceptance of entertainment.

359. Lending money at interest prohibited.

360. Borrowing, etc., prohibited.

361. Serious financial embarrassment.

362.  Serious financial embarrassment to be reported to the Inspector General.

363. Serious financial embarrassment to be a disqualification for promotion.

364. Outside employment, etc.

365. Petition writing.

366. Investments owned by police officers.

367. Institution of legal proceedings.

368. Conduct on leave.

PART XVI

Discipline

A.-Superior police officers

REGULATION

369. Disciplinary proceedings against superior police officers.

B.-Officers other than superior police officers

370. Offences against discipline.

371. Punishments that may be imposed.

372. Competent authority.

373. Powers of delegated officers.

374. Liability of officers to prosecution undiminished.

Reporting of offences

375. Reporting of offences.

376. Officers to whom reports are to be made.

377. Result of preliminary inquiries and action taken to be endorsed on report.

378. Inspector-General may direct any superior police officer or inspector to conduct preliminary inquiries.

Making of charges

379. Offences against discipline.

380. Powers of competent authority.

Summary investigations

381. Summary investigation.

382. Conduct of summary investigations in certain cases.

383. Form of memorandum.

384. Conduct of summary investigations.

Punishment

385. Notification of punishment to the defaulter.

386. Effective date of punishment.

387. Records of punishment to be published in Force Orders.

388. Punishment to be entered in Service Records.

389. Inspector-General may order removal of punishment entries from Record of Service.

 

Appeals against punishment

390. Appellate authorities.

391. Right of appeal.

392. Power of appellate authority.

Review of punishments 393. Review of summary investigation.

Supplemental

REGULATION

394. Interdiction from duty.

395. Powers, privileges, etc., of junior officer during interdiction.

396. Pay during period of interdiction.

397. Absence without leave-pay to be forfeited.

398. Desertion.

399. Continual misconduct.

400. Damage to or loss of equipment.

401. Fines and stoppages.

402. Delivering up of accoutrements and other property when leaving the Force.

403. Grave offences or series of serious offences against discipline.

PART XVII

Miscellaneous provisions

404. Salaries of general duties police officers.

405. Salaries of Technical Officers.

406. Leave provisions.

407. Medical Boards.

408. Master Records of Service.

409. Records of Service-non-commissioned officers and constables.

410. Re-allocation of Force Numbers.

411. CRO Forms.

412. Warrant Cards.

413. Discharge Certificates.

414. Arms for the Force.

415. Transfer from the General Duties Branch to the Technical Branch.

416. Sale of unclaimed property.

417. Register of unclaimed property.

418. Police Reward Fund.

419. Appointment of police Aide-de-Camp.

420. Forms.

 

FIRST SCHEDULE

Offences against discipline

SECOND SCHEDULE

Punishments - Powers of officers to award and to whom awarded

THIRD SCHEDULE

Forms

NIGERIA POLICE REGULATIONS 1968

[under section 46]

[1st April, 1968]  [Commencement.]

PART I

General

1.     Short title

These Regulations may be cited as the Nigeria Police Regulations.

2.     Interpretation

 

(1)    In these Regulations, unless the context otherwise requires the following expressions have the meanings hereby assigned to them, that is to say-

"the Act" means the Police Act;

"area command" means a Police Area Command.

(2)    In these Regulations, any reference to a Part, regulation or Schedule not otherwise identified is a reference to that Part, regulation or Schedule of these Regulations.

PART II

Organisation of the Force

Territorial boundaries

3.     Office of the Inspector-General to be deemed a Police Area Command

For the purposes of these Regulations, the office of the Inspector-General shall be deemed to be a Police Area Command and may be referred to as Force Headquarters.

4.     Division of the Federation into Police Area Commands

For the purpose of command and administration of the Force, the Federation of Nigeria shall be divided territorially into-

(a)    Akwa-Iborn State Police Area Command;

(b)    Anambra State Police Area Command;

(c)    Bauchi Slate Police Area Command;

(d)    Bendel State Police Area Command;

(e)    Benue Stale Police Area Command;

(f)     Borno Stale Police Area Command; (g) Cross-River State Police Area Command;

(h)    Gongola State Police Area Command;

(i)     Imo State Police Area Command;

(j)     Kaduna State Police Area Command;

(k)    Kano State Police Area Command;

(l)     Katsina State Police Area Command;

(m)   Kwara State Police Area Command;

(n)    Lagos State Police Area Command;

(o)    Niger State Police Area Command;

(p)    Ogun State Police Area Command;

(q)    Ondo State Police Area Command;

(r)     Oyo State Police Area Command;

(s)    Plateau State Police Area Command;

(t)     Rivers State Police Area Command;

(u)    Sokoto State Police Area Command;

(v)    Federal Capital Territory, Abuja Police Area Command.

5.     Territorial divisions of police Zonal Commands, etc.

For the purposes of command and administration-

(a)    police commands (excepting Force Headquarters) shall be divided territorially into police area commands;

(b)    police area commands shall be sub-divided territorially into police districts and police divisions; and

(c)    police districts and police divisions shall be sub-divided territorially into police station areas.

6.     Police station area of responsibility not to be territorially sub-divided

A police station area of responsibility shall not be subject to territorial division, but where this is deemed expedient a police post or village police post may be set up as re- porting and patrol centres within the police station area.

7.     Division of large urban area for police purposes

In this division of large urban areas into police territorial areas, the principal sub- division shall be the police division.

8.     Territorial boundaries of police areas of responsibility

(1)    The territorial boundaries of an area command shall conform to the territorial boundaries of the State of the Federation which it polices.

(2)    The territorial boundaries of police area command generally shall conform to the territorial boundaries of administrative area commands:

Provided that the Inspector-General may in cases where he is of the opinion that it is necessary for the efficient policing of an administrative area command, establish a po- lice area command to conform to the territorial boundaries of-

(a)    an administrative division of the area command; or

(b)    two or more contiguous administrative divisions of the area command.

(3)    The territorial boundaries of police districts generally shall conform to the territorial boundaries of administrative divisions of area commands:

Provided that the Inspector-General may, with the prescribed approval, establish a police district to conform to the territorial boundaries of two or more contiguous administrative divisions of an area command.

(4)    The territorial boundaries of a police division shall be determined by the Inspector-General acting with the prescribed approval.

(5)    In fixing the territorial boundaries of a police division, the Inspector-General shall take into account the following-

(a)    density of population;

(b)    crime statistics;

(c)    traffic (density, routes and accidents);

(d)    property (residential, business and industrial); and

(e)    public centres of amusement.

(6)    The territorial boundaries of the area of responsibility of each police station shall be determined by the Inspector-General.

(7)    The territorial boundaries of the area of responsibility of a police post or a village police post shall be determined by the commissioner of police for the police command, acting with the approval of the Inspector-General.

9.     Adjustment of police territorial boundaries

The Inspector-General may, in respect of police divisions and of police operational formations, subordinate to a police area command where he is of the opinion that it is necessary for the efficient policing of an outlying areas to transfer such area from the area of responsibility of one operational police formation to another, make such adjustment to the territorial boundaries of the police formations concerned as may be necessary to ef- fect the transfer.

10.   Police territorial boundaries to be published in the Gazettee

The Inspector-General shall publish the description of the territorial boundaries of police divisions, police districts and police stations in the Federal Gazette.

Command of the Force

11. Command of the Force

(1)    The command of the Force shall be exercised by the Inspector-General.

(2)    The Inspector-General shall in the performance of his duties be assisted by five deputy Inspectors-General.

12.   Command of police Zonal and State Command

(1)    A police zonal command shall be commanded by an assistant Inspector-General of police for the zonal command.

(2)    A police state command shall be commanded by the commissioner of police for the state command.

13.   Command of police Area Command

(1)    A police area command shall be commanded, subject to the control of the com- missioner of police for the state command of which the police area command forms a division, by an officer of not below the rank of assistant commissioner of police.

(2)    The superior police officer commanding a police area command shall be designated the Police Area Commander.

14.   Command of police division

(1)    A police division shall be commanded by a superior police officer of not below the rank of assistant superintendent of police, who shall be designated the Divisional Po- lice Officer.

(2)    The Divisional Police Officer, shall be subject to the control of--

(a)    the Police Area Commander, where the police division commanded forms part of a police area command; or

(b)    the commissioner of police for the state command, where the police division commanded does not form part of a police area command.

15.   Command of police district

(1)    A police district shall be commanded by an officer not below the rank of inspector.

(2)    The police officer commanding a police district shall be designated the District Police Officer.

16.   Command of police station

(1)    Each police station shall be commanded, subject to the control of the officer in charge of the police district or police division of which it forms a sub-division, by an officer of not below the rank of sub-inspector.

(2)    The officer commanding a police station shall be designated the Officer in Charge of the Police Station or the Station Officer.

17.   Command of police post

(1)    A police post shall be commanded, subject to the control of the officer in charge of the police station of which the post forms a sub-division, by a police officer of not be- low the rank of corporal.

(2)    The officer in charge of a police post shall be so designated.

18.   Command of village post

(1)    A village police post shall be commanded, subject to the control of the officer in charge of the police station or police post of which the village police post forms a sub- division, by a police officer of the rank of corporal or by a police constable with not less than five years' service.

(2)    The officer in charge of a village police post shall be so designated.

Situation of police headquarters, etc.

19.   Situation of headquarters

(1)    The headquarters of each police zonal command shall be situated in the town where the zonal headquarters is situated.

(2)    The headquarters of each police State command shall be situated in the capital of the State which it polices.

(3)    The headquarters of the police area command shall be situated in the town in which the administrative headquarters of the area command is situated.

(4)    The headquarters of a police division shall be situated in such place as the Inspector-General, acting with the prescribed approval, shall direct.

(5)    The headquarters of a police district shall be situated in such place as the Inspector-General, acting with the prescribed approval, shall direct.

20.   Situation of police station

A police station shall be situated in such place as the Inspector-General, acting with the prescribed approval, shall direct.

21.   Situation of police post and village post, etc.

(1)    A police post shall be situated in such place as the Inspector-General, acting with the prescribed approval, shall direct.

(2)    A village police post shall be situated in such place as the commissioner of police for the area command acting with the approval of the Inspector-General, shall direct.

(3)    In this regulation and in regulations 8, 19 and 20, "prescribed approval" means the approval of the President.

Grading of police stations and posts

22.    Grading of police stations and posts

(1)    The grading of formations, performing the functions of police stations or posts shall be as provided in paragraph (2) of this regulation.

(2)    A formation with a permanent personnel establishment-

(a)    of more than fourteen, shall be graded as a police station;

(b)    of less than thirteen but more than three, shall be graded as a police post; and

(c)    of three or less, shall be graded as a village police post.

23.   Prescribed authority for setting up and closure of police formations

The prescribed authority for-

(a)    the setting up of new police area commands, districts and divisions, and for the closure of police area commands, districts and divisions;

(b)    the setting up of new police stations and new police posts, and for the regrading of police stations and police posts, and for the closure of police stations and police posts;

(c)    the setting up of new police formations generally and the closure of, or the disbandment of such formations; and

(d)    the fixing of personnel establishments for police formations,

shall be the President, acting with the advice of the Nigeria Police Council.

24.   Regrading of formation to be published in the Federal Gazette

The setting up of, the regrading of and the closure of any of the formations mentioned in regulation 23, shall be published in the Federal Gazette.

Police mobile force

25.   Establishment of police mobile force

A police mobile force shall be established and maintained to act as a police striking force in the event of riots or other serious disturbances occurring within the Federation.

26.   Arming and equipping of police mobile force

The police mobile force shall be constituted, armed and equipped as the President, acting with the advice of the Nigeria Police Council, shall direct.

27.   Control of police mobile force

The police mobile force shall be controlled by the Inspector-General and shall be classified as formation of Force Headquarters.

28.   Service in the police mobile force

Every member of the Force is liable for service with the police mobile force for a total period of service not exceeding 36 months.

Motor traffic divisions

29. Establishment of motor traffic division

For the better control of motor traffic, the Inspector-General may, acting with the pre- scribed approval, establish a motor traffic division for duty within the area of responsibility of a police area command or a police division.

30.   Functions of motor traffic division

The functions of a motor traffic division shall include-

(a)    the co-ordination of police traffic control duties in the area of responsibility of the motor traffic division;

(b)    the advising of local authorities on the setting up of physical aids to traffic control;

(c)    the preparation of the plans of scenes of motor traffic accidents and the testing for roadworthiness of motor vehicles involved in accidents;

(d)    subject to the approval of the Inspector-General, the investigation and prosecution of motor traffic offences; and

(e)    the maintenance of motor vehicle traffic statistics.

31.   Command of motor traffic division

The command of a motor traffic division shall be vested in a superior police officer, who shall be subject to the control of the Commissioner of Police for the State command or such other officer as the Inspector-General may direct.

Organisation of subordinate headquarters

32.   Organisation of subordinate headquarters formations

The organisation of subordinate police headquarters formations shall follow the de- partmental pattern of organisation established in Force Headquarters in pursuance of regulation 33, with such modifications as are necessary, having regard to the seniority of the formation.

PART III

Organisation of Force headquarters

33. Inspector-General to establish "A", "B", "C", "D", etc., departments in Force headquarters

The Inspector-General may establish within the framework of Force Headquarters the following departments, namely-

(a)    "A" Department (Finance and Administration) consisting 01'-

(i)     Administrative Branch;

(ii)    Secret Registry Branch;

(iii)    Personnel Branch; and

(iv)   Welfare Branch;

(b)    "B" Department (Operations) consisting of-

(i)     Operations Branch;

(ii)    Traffic Branch;

(iii)    Force Signals Branch;

(iv)   Force Mechanical Workshops (Transport) Branch;

(v)    Force Marine Branch; and (vi) Force Animals Branch;

(c)    "C" Department (Logistics and Supply) consisting of-

(i)     Supply Branch; and

(ii)    Works Branch;

(d)    "D" Department (Federal Bureau of Investigation and Intelligence) consisting of-

(i)     Investigations Branch;

(ii)    Technical Aids to Investigation Branch (C.I.D.);

(iii)    C.I.D. Training Branch;

(iv)   Interpol Bureau;

(v)    Fingerprints Branch; and

(vi)   Central Registry of Offenders;

(e)    the Force Training Department;

(f)     "G" Department (Public Relations) consisting 01'-

(i)     Press and Publications Branch; (ii) Employee Information Branch;

(iii)    Community Relations and Publicity Branch; (iv) Complaints Bureau.

34.   Command of Force Headquarters Departments

(1)    The Inspector-General shall assign the command of "A", "B", "C", "D" and Training Departments each to a Deputy Inspector-General of Police.

(2)    The command of the "G" Department to a staff officer of the rank of Assistant Commissioner or above.

35.   Duty of co-ordinating the work of Force Headquarters Departments

The Inspector-General shall assign to a commissioner of police the duty of co- ordinating the work of "G" Department (Public Relations).

36.   Command of a branch of Force Headquarters Department

Subject to the authority of the superior police officer to whom the command of a Department is assigned in pursuance of regulation 34, each branch of a Department shall be commanded by a police officer of the rank of inspector or above.

37.   Inspector-General may classify any police formation as Force Headquarters formation

For the purpose of control and administration, the Inspector-General may in his discretion classify any particular police formation as a Force Headquarters formation and a police formation so classified shall be under the direct operational control of the Inspector-General.

PART IV

Appointments - Superior police officers and inspectors

Appointment of superior police officers

38.   Types of appointments

The types of appointment that may be made to the pensionable establishments of the superior police officers of the Force are as follows, that is to say-

(a)    a general duties appointment to the rank of assistant superintendent of police on trial of a member of the Force Inspectorate;

(b)    a general duties appointment by direct entry to the rank of assistant superintendent of police on probation of a cadet assistant superintendent of police who has successfully completed a police training course;

(c)    a technical duties appointment to the rank of assistant superintendent of police on probation of-

(i)     a member of the Force Inspectorate; or (ii) a direct entry appointment; and

(d)    a general duties or technical duties appointment, in a rank and on terms of service to be specified by the Nigeria Police Council, of an officer transferred from the civil service of the Federation or of a State.

39.   Direct entry appointments

When vacancies in the establishment of assistant superintendents of police cannot, by reason of unavailability of suitable candidates, be filled by promotions from within the Force, the Inspector-General shall so inform the Nigeria Police Council, and may request it to arrange for the posts to be filled by direct entry.

40.   Recruitment of overseas officers on contract terms

(1)    In the event of there being no suitable indigenous candidates for appointment to a particular duty post, the Inspector-General may request the Nigeria Police Council to till the post by direct entry of an overseas officer on contract terms.

(2)    The appointment of officers on contract terms shall be held against vacancies in the pensionable establishments of the Force.

Qualifications and conditions of service, cadet ASP's

41.   Appointment as cadet ASP restricted to general duties officers

The appointments of cadet assistant superintendents of police shall be restricted to trainees destined for general duties appointments in the Force.

42. Qualifications

(1)    The general qualifications required of a male or female candidate for appointment as a cadet assistant superintendent of police (general duties) are as follows-

(a)    age-not below 23 years or above 28 years;

(b)    physical fitness-must be certified by a government medical officer as being physically and mentally tit for service in the Force;

(c)    education-must be in possession of a pass degree from a university recognised by the Federal Ministry of Education;

(d)    character-must be exemplary;

(e)    financial status-must be free from pecuniary embarrassment.

(2)    A male candidate shall be not less than 1.67 metres in height anal shall have an expanded chest measurement of not less than 86 centimetres.

(3)    A female candidate shall be unmarried, and shall be not less than 1.67 metres in height.

 

Qualifications required of technical officers

43. Qualifications for appointment as ASP (VIO)

(1)    The qualifications required of a candidate for a probationary appointment as an assistant superintendent or police (vehicle inspection officer) are as follows-

(a)    age-not less than 25 years;

(b)    physical fitness-must be certified by a government medical officer as being physically and mentally fit for service in the Force;

(c)    education-must have been educated to the standard of the West African School Certificate, or its equivalent.

(2)    Subject to the provisions of paragraph (3) of this regulation, a candidate is required to be in possession of one or more of the following certificates-

(a)    City and Guilds Motor Vehicle Technicians Certificate;

(b)    City and Guilds Motor Vehicle Mechanics Certificate;

(c)    the National or the Higher National Certificate in Mechanical Engineering;

(d)    Membership of the Institute of Motor Industry;

(e)    Diploma in Automobile or Agricultural Engineering;

(f)     Diploma of the Chelsea College.

(3)    A candidate who has held the rank of Staff Sergeant Artificer or above, or Engine Room Artificer (Nigerian Navy), may be considered as having complied with the requirements of paragraph (2) of this regulation.

44.   Qualifications for appointment as ASP (workshops)

(1)    The qualifications required of a candidate for a probationary appointment as an assistant superintendent of police (workshops) are as follows-

(a)    age-not less than 28 years;

(b)    physical fitness-must be certified by a government medical officer as being physically and mentally tit for service in the Force;

(c)    education-must be in possession of the West African School Certificate or general Certificate of Education (Ordinary Level).

(2)    A candidate is required to have served a recognised apprenticeship, and to have had at least seven years' post-apprenticeship experience in the motor trade with a reputable firm, or a government department, or public corporation, or the armed forces, and in addition, subject to the provisions of paragraph (3) of this regulation, must be in possession of one or more of the following certificates or diplomas:

(a)    City and Guilds Certificate in Motor Vehicle Electricians' Work;

(b)    City and Guilds Certificate in Motor Vehicle Technicians' Work;

(c)    City and Guilds Certificate in Motor Vehicle Electricians' Work and in Motor Vehicles Technicians' Work;

(d)    Ordinary National Certificate in Mechanical Engineering;

(e)    Associate Membership of the Institute of the Motor Industry.

(3)    A candidate who has had at least ten years' post apprenticeship experience may be considered for appointment even if he does not have any of the certificates or diplomas specified in paragraph (2) of this regulation.

45.   Qualifications for appointment as ASP (stores)

(1)    The qualifications required of a candidate for a probationary appointment as an assistant superintendent of police (stores) are as follows-

(a)    physical fitness-must be certified by a government medical officer as being physically and mentally fit for service in the Force;

(b)    education-must be in possession of the West African School Certificate, or the General Certificate of Education (Ordinary Level).

(2)    A candidate is required to have a thorough knowledge of stores accounting procedures, and to have served for not less than seven years in a stores branch of a government department, or public corporation or to have served as a Regimental Quartermaster.

46.   Qualifications for appointment as ASP (works)

(1)    The qualifications required of a candidate for a probationary appointment as an assistant superintendent of police (works) are-

(a)    physical fitness-must be certified by a government medical officer as being physically and mentally fit for service in the Force;

(b)    education-must be in possession of the General Certificate of Education (Ordinary Level) with a pass in English language, plus advanced level passes in any two of the following subjects- History, Geography, Mathematics, Economics, British Constitution, British Economic History, any non-Nigerian language, or any science subject.

(2)    The candidate is required to be in possession of a building construction or a civil engineering qualification obtained in any of the following institutions-

(a)    College of Technology, Yaba;

(b)    the Hammersmith School of Building, London, the Battersea Polytechnic, London, Brixton School of Building, London; or

(c)    any other college or polytechnic in the United Kingdom or elsewhere which offers courses in building construction and civil engineering and is recognised by the Federal Ministry of Education.

(3)    A candidate who has held the post of Works Superintendent or its equivalent in a government department or public corporation, may be considered for appointment even if he does not possess any of the qualifications specified in paragraph (2) of this regulation.

47.   Qualifications for appointment as ASP (public relations)

The qualifications required of a candidate for probationary appointment as an assistant superintendent of police (public relations) are-

(a)    membership of the Institute of Public Relations; or

(b)    a degree in journalism or mass communications; or

(c)    diploma in journalism or mass communication with at least two years' practical experience; or

(d)    at least seven years' experience in journalism with a news medium (up to sub- editor level) or in Government Information Service (up to Assistant Information Officer grade) or in Public Relations (up to supervisory grade) in a large company or statutory corporation.

48.   Qualifications for appointment as ASP (art)

The qualifications required of a candidate for probationary appointment as an assistant superintendent of police (art) are-

(a)    a degree in tine arts, specialising in commercial art; or

(b)    a diploma in commercial art from a college of technology, with at least three years' practical experience; or

(c)    the West African School Certificate or its equivalent, with at least seven years' practical experience as an Assistant Commercial Artist in-

(i)     a Government Information Service;

(ii)    a public relations organisation;

(iii)    an advertising agency; or

(iv)   any other mass medium.

49.   Qualifications for appointment as ASP (film production)

The qualifications required of a candidate for a probationary appointment as an assistant superintendent of police (film production) are-

(a)    the West African School Certificate or its equivalent with-

(i)     at least five years' practical experience with a film production unit in the operation of 16 mm and 35 mm cine-cameras on exterior and interior assignments; and

(ii)    a knowledge of interior lighting; or

(b)    the West African School Certificate or its equivalent and at least five years experience in editing 16 mm and 35 mm films from initial inspection of "rushes" up to finally edited version (including the laying of dialogue, commentary, music and effects tracks).

50.   Qualifications for appointment as ASP (photography)

The qualifications required of candidate for a probationary appointment as an assistant superintendent of police (photography) are-

(a)    the West African School Certificate or its equivalent;

(b)    local or overseas training in photographic work with at least three years' experience in taking monochrome and colour photographs with steel cameras, and in processing and printing such photographs for press and publicity purposes; and

(c)    ability to undertake minor repairs of cameras and to classify and index photographs.

51.   Qualifications for appointment as ASP (library)

The qualifications required of a candidate for probationary appointment as an assistant superintendent of police (library) are-

(a)    the first professional examination of the Library Association, or an equivalent qualification; or

(b)    the West African School Certificate or its equivalent and a diploma in librarianship or library service; or

(c)    the West African School Certificate or its equivalent and at least three years' experience as an Assistant Library Officer in Government Service or in a well- established library.

Appointment of cadet sub-inspectors (direct entry)

52.   Qualifications for appointment as cadet sub-inspectors

(1)    The general qualifications required of a male or female candidate for appointment as a cadet sub-inspector of police are as follows-

(a)    physical fitness-must be certified by a government medical officer as being physically and mentally fit for service in the Force;

(b)    education-must be in possession of-

(i)     a General Certificate of Education with passes at the Ordinary Level in at least four subjects including English language and mathematics; or

(ii)    the West African School Certificate, with credits in at least four s        ubjects, including English language and mathematics;

(c)    character-must be exemplary;

(d)    financial status-must be free from pecuniary embarrassment.

(2)    A male candidate shall be not less than 1.67 metres in height, and shall have an expanded chest measurement of not less than 86 centimetres.

(3)    A female candidate shall be unmarried, and shall be not less than 1.67 metres in height.

53.   Appointment of cadet sub-inspector on probation

A cadet sub-inspector who has successfully concluded the prescribed training course may be appointed by the Nigeria Police Council to the rank of sub-inspector on probation.

54. Accelerated promotion

(1)    A cadet sub-inspector under training who has displayed the qualifications required of a superior police officer, may, at the conclusion of his training course, be appointed by the Nigeria Police Council to the rank of acting assistant superintendent of police.

(2)    An acting assistant superintendent of police so appointed shall be posted in the first instance to the staff of the Police College, Ikeja for a period of four months, and, at the end of this period, to a duty post anywhere in the Federation for a maximum period of six months.

(3)    At the conclusion of the six-month period, providing that his services and conduct have been satisfactory, he may become eligible for consideration by the Nigeria Police Council for appointment to the rank of assistant superintendent of police on probation.

Conditions of service of cadet officer

55.   Training courses

(1)    On appointment, a cadet officer may be required to undergo a training course of twelve months' duration to include-

(a)    six months' basic training in law and foot drill;

(b)    two weeks' attachment for training in practical police work at a police station;

(c)    one month's leadership and citizenship training course at a recognised centre;

(d)    one month's first-aid lay lecturers course;

(e)    three months' advanced training in law, foot drill, and the duties of his future substantive rank;

(f)     a final period of attachment to a police formation for further training in practical police work, of a duration to be determined by the Inspector-General.

(2)    A leave period of not more than fourteen days' duration may be granted at the discretion of the Inspector-General at the conclusion of the six months' basic training period.

(3)    Notwithstanding paragraph (1) of this regulation, members of the rank and file with requisite qualifications for the cadet inspectors' course may be required to undergo a six months' course, on successful completion of which they graduate as inspectors.

56.   Extension of training courses

The Inspector-General may extend for a maximum period of three months the training period of any cadet police officer who has not reached the required standards at the completion of the twelve or six months' training course respectively, but who shows promise of attaining such standards after a limited period of further training.

57.   General service provisions

The general service conditions attached to the appointment of cadet police officers are that the cadet officer-

(a)    shall be amenable to Force discipline and to the provisions of all rules, regulations and orders governing the Force;

(b)    shall be required, during the period of training, to take up residence in one of the Police Officers' Messes of the College;

(c)    shall not be entitled, with regard to members of his family, to any travelling or subsistence allowance or to any government accommodation during the training period.

58.   Offer of alternative appointment

A cadet assistant superintendent of police who has completed a police training course, but who has not been accepted by the Nigeria Police Council for appointment to the rank of assistant superintendent of police on probation, may, on the recommendation of the Inspector-General, be offered by the Nigeria Police Council the alternative post of cadet sub-inspector on probation.

59.   Termination of appointment

(1)    The services of a cadet officer may be terminated by the Nigeria Police Council at any time during the training period on any grounds that may be deemed sufficient by the Council to justify such termination of appointment.

(2)    Cadet officers whose services are so terminated will normally be given one month's notice in writing, or if the circumstances warrant it, one month's salary in lieu of notice.

60.   Resignations

(1)    A cadet officer may resign his appointment at any time during the training period. (2) A cadet officer who resigns during the training period, may be required to refund all or part of the transportation expenses incurred by Government on his appointment.

61.   Interview of cadet officer for appointment

A cadet officer who has successfully concluded the training course, shall be interviewed by the Nigeria Police Council for final consideration for appointment to probationary rank.

62.   Probationary period (general duties officers)

A general duties police officer serving on probation shall be required to serve for a minimum period of two years from the date of first appointment to his cadet or his probationary rank, whichever is the earlier, before becoming eligible for confirmation in his appointment.

63.   Probationary period (technical duties officers)

An assistant superintendent of police on probation (technical duties) who is appointed on probation after a period of service on temporary terms, may become eligible to be confirmed in his appointment on completion of two years' total service.

64.   Extension of probationary period

In special circumstances, on the recommendation of the Inspector-General, the Nigeria Police Council may grant an extension of the probationary period of any individual officer, with or without incremental penalty as the Council shall direct.

65.   Confirmation of officers on probation

An officer serving on probation may, on completion of the probationary period, be confirmed in his appointment and made substantive in rank by the Nigeria Police Council if-

(a)    his service and conduct have been in every way satisfactory; and

(b)    he has obtained, or has been exempted by the prescribed authority from obtaining, the requisite pass in the prescribed examinations.

66.   Resignation - officers on probation

A police officer serving on probation who holds a direct entry appointment, and who resigns during the probationary period, may be required to refund any outfit allowance paid to him, and all or part of the expenses incurred by Government in the transportation of himself, his family and his loads on first appointment.

67.   Termination of probationary appointments

(1)    The services of a police officer serving on probation may be terminated by the Nigeria Police Council at any time during the probationary period on any grounds that may be deemed sufficient by the Council to justify such termination of appointment.

(2)    A police officer serving on probation whose services are to be terminated, shall be given one month's notice in writing, or, if the circumstances warrant it, one month's salary in lieu of notice and such officer shall, provided that such termination of services is not on the grounds of misconduct, be entitled to the payment, at the rates laid down by general orders, of travelling allowance for the journey from the place of his last duty station to his recognised home town.

68.   Offer of alternative employment

(1)    In lieu of termination of service, a general duties assistant superintendent of police on probation, may, on the recommendation of the Inspector-General, be offered by the Nigeria Police Council continued employment in the Force as a cadet sub-inspector on probation.

(2)    An officer accepting such alternative appointment, shall enter the salary scale of his new appointment at the point he would have reached had he commenced his services in that appointment, and may become eligible for confirmation in his new appointment on completion of three years' total service.

Conditions of trial period of service of assistant superintendents

69.   Confirmation of ASP's on trial

An assistant superintendent of police on trial, after a period of twelve months' service in that rank, may be made substantive in his rank by the Nigeria Police Council if-

(a)    he has obtained or has been exempted by the prescribed authority from obtaining the requisite pass in the prescribed examination for superior police officers; and

(b)    his service and conduct as an assistant superintendent of police on trial have been satisfactory in every way; and

(c)    at the date of his appointment to the rank of assistant superintendent of police on trial, he had not less than five years' continuous service in the Force.

70.   Reversion in rank of ASP on trial

An assistant superintendent of police on trial, who fails to qualify for confirmation in his appointment, shall revert to the rank, and to the point in the salary scale, that he would have attained in the course of normal advancement had he not been promoted assistant superintendent of police on trial.

PART V

Enlistment, rank and file

71.   Recruitment officers

Subject to any necessary delegation of powers by the Nigeria Police Council and subject to the control of the Inspector-General, the officers responsible for the enlistment of recruit constables to the Force shall be-

(a)    the Commandant, Police College Ikeja, hereinafter called the recruitment officer, South, in respect of candidates from the Southern States; and

(b)    the Commandant, the Police College Kaduna, hereinafter called the recruitment officer, North, in respect of candidates from the Northern States.

72.   Qualifications for enlistment

(1)    Only citizens of Nigeria shall be accepted for enlistment.

(2)    The qualifications of a male candidate seeking enlistment in the Police Force as a recruit constable shall be as follows-

(a)    age-not less than seventeen nor more than 25 years of age;

(b)    height-not less than 1.67 metres in height;

(c)    chest measurement-not less than 86 centimetres when fully expanded, and having an expansion of not less than 5 centimetres;

(d)    physical fitness-must be certified by a government medical officer as being mentally and physically fit for service in the Force;

(e)    education-must be in possession of a Secondary School Leaving Certificate (Middle IV);

(f)     character-must be of good character and must not have been convicted of any criminal offence (other than any offence which the Inspector-General accepts as being of a minor nature);

(g)    financial status-must be free from any pecuniary embarrassment.

73.   Deformities and abnormalities to be a bar to enlistment

A candidate for enlistment suffering from anyone of the abnormalities or deformities listed below shall not be accepted for enlistment-

(a)    impediment in speech;

(b)    gross malformation of teeth or jaw preventing proper mastication of food;

(c)    knock knees;

(d)    bow legs;

(e)    bent knees; i.e., knees which cannot be straightened when standing at attention;

(f)     flat feet;

(g)    bent arms, i.e., arms which cannot be straightened at the elbow;

(h)    deformed hands, or hands which cannot perform the full functions of the hand;

(i)     defective eyesight, or squint eyes;

(j)     amputation of any member.

74.   Entrance examination

A candidate for enlistment in the Force shall, except as hereinafter provided, be required to obtain a pass in the entrance examination prescribed for recruit constables.

75. Entrance examination syllabus

(1)    The entrance examination shall consist of a written examination in the following subjects-

(a)    English;

(b)    Simple arithmetic;

(c)    Dictation;

(d)    General knowledge.

(2)    The entrance examination shall be conducted in the English Language.

Enlistment procedure

76.   Candidates to apply to Area Commander in first instance

An intending candidate for enlistment in the Force is required to apply in the first instance to the Police Area Commander in charge of the area command in which the applicant resides, for a copy of the prescribed Application to Enlist Form, which shall be completed by the applicant and returned to the Police Area Commander.

77.    Area Commander to interview applicants

(1)    On receipt of a completed Application to Enlist Form, the Police Area Commander shall, if he considers the information in the application form to be satisfactory, arrange to interview the applicant.

(2)    The applicant shall be required to bring with him to the interview the following personal documents-

(a)    certificate or certificates of education;

(b)    birth certificate, or other documentary evidence of date of birth;

(c)    the originals of his testmonials as to character;

(d)    three passport-size photographs or himself; and

(e)    any other documents relevant to his application.

78.   Area Commander to inform candidates who are not to be called for interview

(1)    Where the Police Area Commander does not intend to interview an applicant on the grounds that prima facie from the particulars in the application form the applicant is unsuitable for enlistment, or that there are no vacancies at the time in the Force establishment, he shall inform such applicant in writing that his application is not to be proceeded with; but an applicant who is prima facie suitable may be informed that his application may receive consideration at a later date if and when vacancies occur.

(2)    Particulars of any such action taken shall be endorsed on the applicant's Application to Enlist Form, which shall be retained for record purposes.

79.   Rejection of a candidate after interview by Area Commander

(1)    An applicant who is found unsuitable for enlistment by a Police Area Commander after interview shall be informed in writing by the Police Area Commander that his application is not to be proceeded with.

(2)    The reasons for the rejection of the applicant shall be endorsed on the applicant's Application to Enlist Form.

80.   Area Commander to maintain Area Command Recruits Register

(1)    The Police Area Commander shall maintain an Area Command Recruits Register, in a form to be prescribed by the Inspector-General, in which shall be entered the full particulars of candidates for enlistment deriving from the province.

(2)    A photograph of the candidate shall be affixed against the relevant entry at the time the entry is made.

81.   Application to Enlist Forms to be forwarded to recruitment officer

(1)    If satisfied after interview that an applicant is suitable for consideration for enlistment, the Police Area Commander shall forward the candidate's Application to Enlist Form to the appropriate recruitment officer, together with a photograph of the candidate endorsed with the candidate's name and Area Command Recruits Register serial number.

(2)    Immediately on the despatch of the documents specified in paragraph (1) of this regulation, the Police Area Commander shall check on the bona fides of the character referees named by the candidate, and shall request the referees to furnish references.

82.   Definition of Police Area Commander

For the purposes of this Part "Police Area Commander" means the superior police officer in charge of a Police Area Command or a police division, and "Police Area Command" includes a police division.

Force entrance examination - procedure

83.   Holding of entrance examination

(1)    Entrance examinations for applicants for enlistment shall be held by Police Area Commanders on the first working day of every month, save that when this day falls on a Saturday or on a Monday, the next Tuesday shall be fixed as the examination day.

(2)    The papers for the entrance examination shall be set by the responsible recruitment officer, who shall forward the papers under registered cover to Police Area Commanders in good time for the examination.

(3)    The Police Area Commander, or a superior police officer appointed by him, shall be responsible for invigilating each entrance examination held in the Area Command.

(4)    Recruitment officers shall be responsible for marking the worked papers of the entrance examinations set by them.

84.   Recruitment officers may select candidates for entrance examination

Recruitment officers may give directions to the Police Area Commanders within their jurisdiction as to the number of candidates that may be permitted to sit any particular entrance examination, and may specify by name the candidates who shall be permitted to sit the examination.

85.   Candidates to be fingerprinted

A candidate on presenting himself for an entrance examination, shall, before entering the examination room, have his identity checked and his fingerprints recorded on Form CRO 21A.

86. Notification of failure at the examination

In the case of a candidate who fails to pass the entrance examination the recruitment officer shall make an appropriate endorsement on the candidate's Application to Enlist Form and shall return the form to the Police Area Commander concerned, who shall no- tify the candidate in writing of his failure to pass the examination.

87.   Recruitment officer to maintain Recruits Control Register

The recruitment officer shall maintain a Recruits Control Register in a form to be pre- scribed by the Inspector-General, in which shall be entered the particulars of each candidate deriving from his recruitment area who has passed the entrance examination, and a copy of the photograph of the candidate affixed against the relevant entry.

88.   Notification of success at the examination

Recruitment officers shall forward to the Police Area Commanders concerned the names of the candidates who have passed the entrance examination, together with their Application to Enlist Forms suitably endorsed.

89. Medical examination for candidates

(1)    On the receipt of a notification that a candidate has passed the entrance examination, the Police Area Commander shall arrange for the candidate to be examined by a government medical officer.

(2)    For the purpose of making his report the medical officer shall be supplied with the prescribed Attestation Form (PaL Form Al) intended to be applied for the use of the candidate and to which a photograph of the candidate has been affixed and shall be re- quested to make his report on the candidate on the prescribed form (PaL Form All/I) which is appended to the prescribed Attestation Form.

90.   Attestation of candidates

Subject to the candidate having passed the medical examination, and further subject to his character referees and references having both proved satisfactory, the Police Area Commander shall attest the candidate in the prescribed form.

91.   Rejection by Police Area Commander of candidates

A candidate for enlistment whose character referees or reference prove unsatisfactory, or who fails to pass the medical examination or fails to answer satisfactorily the questions put to him on attestation, shall have his application rejected by the Police Area Commander.

92.   Area Commander to forward candidates' records to recruitment officer

In respect of a candidate whom the Police Area Commander finds suitable for final consideration for enlistment, the Provincial Police Officer shall forward to the recruitment officer concerned the following documents relating to the candidate-

(a)    Application to Enlist Form;

(b)    Attestation Form and Medical Report;

(c)    Form CRO 21A; and

(d)    character references.

93.   Fingerprints search

(1)    The recruitment officer, on receipt of Form CRO 21 A in respect of any candidate, shall be responsible for forwarding the form to the Central Criminal Registry for search.

(2)    Subject to the provisions of regulation 67 (2), if the candidate is found to have a criminal record, his application to enlist shall be rejected.

94.   Call up of candidates

Recruitment officers shall be responsible for the arranging for the call up for service of attested candidates deriving from their areas of responsibility, who are prima facie suitable for consideration for enlistment.

95.   Candidate to be provided with free travel warrant to reporting centre

An attested candidate called up for enlistment, shall be provided by the Police Area Commander with a free travel warrant from the candidate's place of residence to the recruitment reporting centre, and the candidate shall be required to sign an agreement that he will proceed to the centre named in the warrant for the purpose of the enlistment.

96.   Identity check at interview of candidate by recruitment officer

On a candidate for enlistment presenting himself of before the recruitment officer, the officer shall after satisfying himself as to the identity of the candidate, interview such candidate with a view to assessing his suitability for enlistment in the Force.

97.   Administration of declaration on oath, preliminaries

The recruitment officer, or a superior police officer appointed by him, shall read over to each candidate selected for enlistment the questions and answers given by the candidate in his prescribed Attestation Form, and shall then-

(a)    require the candidate to re-affirm that the answers to the questions are true;

(b)    repeat the warning to the candidate concerning false statements made on attestation;

(c)    inform the candidate (where evidence of date of birth is other than by birth certificate), that the age stated by him on the Attestation Form must remain unaltered during the period of his service with the Force;

(d)    inform the candidate that the address given in the Attestation Form shall, for the purposes of leave, be considered to be his home town, and that home town address must remain unaltered during the period of his service with the Force;

(e)    explain to the candidate the terms of enlistment and of re-engagement;

(f)     inform the candidate that after attestation he shall forthwith take up residence at the Police College, or at such other training centre as may be directed, to commence his training period;

(g)    inform the candidate that he may be posted for service anywhere in Nigeria after training as a police constable;

(h)    inform the candidate of his liability to taxation, and that tax will be deducted from his salary at source.

98.   Administration of Police Declaration

The recruitment officer, on approving a candidate for enlistment as a recruit constable, shall himself administer, or nominate a superior police officer to administer, the Po- lice Declaration to the recruit constable.

99.   Approval for service

Immediately after the administration of the Police Declaration, the recruitment officer shall approve the candidate for service as a recruit constable.

Procedure on rejection of candidate

100.  Rejection of candidate by Recruitment officer

(1)    Should the recruitment officer find, for any reason, that a candidate is not suitable for enlistment, the recruitment officer shall reject such candidate.

(2)    The recruitment officer shall inform such rejected candidate, in writing, that his enlistment is not to be proceeded with, but shall not be required to state any specific reason for the rejection of the candidate.

(3)    The reason for the rejection of a candidate shall be endorsed on the candidate's Application to Enlist Form.

101. Issue of free travel warrant to rejected candidate

(1)    The recruitment officer shall issue to a rejected candidate, in cases where the journey requires it, a free travel warrant to enable the candidate to return to his home.

102.  Recruitment officer to advise I.G. of rejection of candidate

The recruitment officer shall forward to the Inspector-General for such action as the Inspector-General may deem fit, the Attestation Form and the Application to Enlist Form of any candidate for enlistment rejected by him, and shall state the reason for such rejection.

Training of recruit constables

103. Training courses for recruit constables

A recruit constable shall, subject to the provisions of these Regulations, be required to undergo a recruits training course at a police college of between three months and six months' duration, as the Inspector-General shall direct.

104. Extension of training courses

The Commandant of a police college may, at his discretion, if he considers it desirable or necessary in the case of any individual recruit constable, extend the training period of such recruit constable for a period not exceeding three months.

Appointment of constables

105. Appointment to rank of constable

(1)    On a recruit constable satisfactorily completing his training course, he shall be required to repeat the Police Declaration before the recruitment officer who shall then formally appoint the recruit constable to the rank of constable.

(2)    A record of the appointment shall be endorsed on the prescribed Application to Enlist Form.

106. Allocation of Force Numbers

Each constable, on first appointment to that rank, shall be allocated a Force Number by the Inspector-General.

107. Terms of service

A member of the rank and file shall be enlisted into the Force for an initial period of two years and, subject to satisfactory conduct and service, may be re-engaged for a period of eight years and subsequent periods of five years up to a total of twenty years' service. Thereafter, and subject to conditions specified in regulation 108, he may be allowed to continue service until he is sixty years of age:

Provided that no member of the rank and file may withdraw his service or voluntarily retire until he has completed the period for which he was last re-engaged.

108.  Discharge of constables from the Force for inefficiency

A superior police officer not below the rank of Commissioner, to whom the power in that behalf is delegated by the Nigeria Police Council, if satisfied in respect of any police constable that his general conduct is unbecoming of an officer of the Force or that his standard of work as a police constable is below what is required of an efficient police officer, may discharge that police constable from the Force, anything to the contrary in any other of these Regulations notwithstanding.

109.  Service Records

On the posting of a newly appointed constable, the following service records of such constable shall be prepared or obtained by the recruitment officer, and forwarded under registered cover to the headquarters of the Police Area Command in which such con- stable is to serve, namely-

(a)    Attestation Form;

(b)    Master Service Record Card;

(c)    duplicate Service Record Sheet;

(d)    the Service Register;

(e)    last Pay Certificate;

(f)     fingerprint Form;

(g)    character references.

Varying or dispensing with prescribed qualifications

110. Prescribed qualifications may be varied or dispensed with

The prescribed qualifications required of a candidate for enlistment in the Force may be varied or dispensed with in the degree prescribed in these Regulations, with or without exemption from the entrance examination, in respect of enlistments to –

(a)    the General Duties Branch of the Force, only if a shortage of suitable candidates of the required standards is sufficiently acute to necessitate the lowering of recruit standards;

(b)    the Bureau of Investigation and Intelligence Branch or the Special Branch of the Force, if the candidate is especially qualified by a knowledge of languages, or other special knowledge relating to the work of the Bureau of Investigation and Intelligence Department or the Force Special Branch;

(c)    the Technical Branch of the Force, if the candidate is in possession of qualifications of a technical nature relating to a duty or duties of the Technical Branch;

(d)    the Police Band, if candidate has a knowledge of, or aptitude for music, and is, in the opinion of the Director of Music, likely to become an efficient bandman.

111.  Inspector-General's authority required for dispensing with prescribed qualifications

In any case where it is required that the prescribed qualifications be varied or dispensed with in respect of any candidate for enlistment or where it is required to exempt any candidate from the entrance examination, the authority of the Inspector-General shall be obtained before enlistment may be proceeded with.

112.  Sub-standard entrants

Any member of the rank and file of the Force in respect of whom the prescribed qualifications required for candidates for enlistment in the Force are varied or dispensed with on enlistment shall be classified as a sub-standard entrant to the Force.

113. Sub-standard entrants not to be transferred

A sub-standard entrant to the Force shall not be transferred from the duty post to which he was enlisted to any other post in the Force except with the express approval of the Inspector-General, and any such transfer shall be subject to such conditions regarding seniority and pay as the Inspector-General may direct.

General provisions

114. Reasons for rejection of application to enlist need not be given

A recruitment officer or Police Area Commander shall not be obliged to state to any applicant or person representing any applicant the reasons for the rejection of any appli- cation for enlistment in the Force or to enter into any correspondence with any applicant or with his representative on the subject of any rejected application.

115. Unsuccessful candidates may resit the entrance examination

A candidate who has been unsuccessful in the entrance examination, may, on application, sit for the examination again after the lapse of a minimum period of six months, provided that the maximum number of times that anyone candidate may sit for the examination shall not exceed two.

Discharge of recruit constables

116. Termination of service of recruit constable

Subject to any necessary delegation of powers by the Nigeria Police Council, the Commandant of a police college may terminate at any time during the training period the services of any recruit constable under his command whose standard of work or conduct is such that he is, in the opinion of the Commandant, unlikely to become an efficient po- lice constable.

117. Inspector-General to be informed of reason for discharge

(1)    In the event of a recruit constable being discharged from the Force for any reason before completing his training, the recruitment officer shall advise the Inspector-General of such discharge.

(2)    The records of service of such recruit constable shall be forwarded to Force Headquarters for retention.

Enlistment of women police

118. Qualifications for women candidates for enlistment in the Force

The prescribed qualifications for a woman seeking enlistment in the Police Force shall be as follows-

(a)    age-not less than nineteen years and not more 25 years of age;

(b)    height-not less than 1.67 metres in height;

(c)    physical fitness-must be certified by a government medical officer in the prescribed Form as being not pregnant, and as being physically and mentally fit for service in the Police Force;

(d)    education-must be in possession of a Secondary School Leaving Certificate (Middle IV);

(e)    character-must be of good character and must not have been found guilty of any criminal offence (other than any offence which the Inspector-General accepts as being of a minor nature);

(f)     financial status-must be free from any pecuniary embarrassment;

(g)    marital status-must be unmarried.

119. Enlistment procedure

The provisions of these Regulations governing the enlistment procedure for recruit constables shall apply to the enlistment of recruit women police constables except in the following particulars-

(a)    Form CRO 21 B shall be used for the fingerprinting of women candidates; and

(b)    the medical examination of women candidates shall take place at the Police College immediately prior to enlistment.

120. Interviewing of women candidates for enlistment

(1)    Women candidates for enlistment in the Force shall in every case be interviewed by the interviewing officer in the presence of a suitable female person, who shall be, in every case where this is practicable, a woman police officer.

(2)    The Senior Woman Police Officer, Force Headquarters, shall in every case be present at the initial interview afforded by the recruitment officer, South to women candidates for enlistment drawn from the southern States.

(3)    The Senior Woman Police Officer, Northern Area Commands, shall in every case be present at the initial interview afforded by the recruitment officer, North to women candidates for enlistment drawn from the northern States.

(4)    Interviewing officers shall bring to the attention of women candidates for enlistment into the Force the provisions of these Regulations governing the duties of women police, and the miscellaneous conditions of service attaching to women police.

Duties of women police

121. General duties of women police officers

Women police officers shall as a general rule be employed on duties which are connected with women and children, and shall be particularly employed in the following duties-

(a)    investigation of sexual offences against women and children;

(b)    recording of statements from female witnesses and female accused persons and from children;

(c)    attendance when women or children are being interviewed by male police officers;

(d)    the searching, escorting and guarding of women prisoners in police stations, and the escorting of women prisoners to or from police stations;

(e)    school crossing duties;

(f)     crowd control, where women and children are present in any numbers.

122. Employment of women police in offices

Women police officers recruited to the General Duties Branch of the Force may, in order to relieve male police officers from these duties, be employed in any of the following office duties, namely-

(a)    clerical duties;

(b)    telephone duties;

(c)    office orderly duties.

Women police - miscellaneous conditions of service

123. Women police not to drill under arms

A woman police officer shall not be called upon to drill under arms or to take part in any baton or riot exercise.

124. Women police to apply for permission to marry [L.N. 93 of 1968.]

A woman police officer who is desirous of marrying must first apply in writing to the commissioner of police for the State Police command in which she is serving, requesting permission to marry and giving the name, address, and occupation of the person she in- tends to marry. Permission will be granted for the marriage if the intended husband is of good character and the woman police officer has served in the Force for a period of not less than three years.

125. No special privileges to be granted to married women police

A married woman police officer shall not be granted any special privileges by reason of the fact that she is married, and shall be subject to posting and transfer as if she were unmarried.

126. Maternity leave

A married woman police officer who is pregnant may be granted maternity leave in accordance with the provisions of general orders.

127. Pregnancy of unmarried women police

An unmarried woman police officer who becomes pregnant shall be discharged from the Force, and shall not be re-enlisted except with the approval of the Inspector-General.

128. Women police not to wear jewellery, etc., on duty

A woman police officer whilst in uniform shall not-

(a)    wear face powder or lipstick, or wear nail varnish except those of a neutral colour; or

(b)    wear any article of jewellery other than a wedding ring, or an engagement ring or a wristwatch; or

(c)    dress her hair in such fashion that it falls over the uniform collar; the hair, if long, is to be pinned or plaited over the top of the head, or if worn in short plaits, the plaits are to be tucked under the uniform cap.

Enlistment of constable drivers

129.  Enlistment procedure and qualifications required

(1)    The provisions of these Regulations governing the enlistment procedure for recruit constables shall apply to candidates for enlistment as recruit constable drivers subject to the following modifications, namely-

(a)    the candidate shall not be required to pass the prescribed entrance examination but the officer competent to select the candidate for enlistment shall satisfy himself that the candidate's standard of literacy is such that he is able to maintain a vehicle log book correctly;

(b)    the candidate shall be in possession of a current unendorsed driving licence, and shall be required to pass the driving test prescribed by the Force Transport Officer as a first preliminary before being further considered for enlistment.

(2)    A recruit constable driver enlisted in accordance with the provisions of this regulation shall be rated as a substandard entrant to the Force.

130. Training course

A recruit constable driver shall be required successfully to undergo a three-month training course in drill and general police duties at one of the police colleges in order to qualify for appointment as a constable driver.

131. Recruit constables may be enlisted as constable drivers

(1)    A recruit constable undergoing training at a police college, who for any reason fails to qualify for appointment as a constable, may be appointed as a constable driver if-

(a)    he has completed not less than three months' training as a recruit constable;

(b)    his conduct during the training period has been satisfactory;

(c)    he has successfully passed the driving test prescribed by the Force Transport Officer; and

(d)    he has obtained a driving licence, if not already licensed to drive.

(2)    A constable driver so appointed shall be rated as a sub-standard entrant to the Force.

Police constable bandsmen

132.  Enlistment procedure

The enlistment procedure for candidates for enlistment in the Police Band shall be as for recruit constables, except that the duties performed by a Provincial Police Officer in respect of the enlistment of recruit constables shall be performed by the Director of Mu- sic.

133. Action by station officer

In cases where a candidate applies to enlist in the Police Band, the station officer to whom the application is made in the first instance shall request the applicant to complete the Application to Enlist Form and shall forward the form when completed to the Director of Music, Police College, Ikeja.

134. Initial interview

The Director of Music shall himself arrange initially to interview each candidate for enlistment in the Police Band, and after satisfying himself that the candidate has the requisite knowledge of music, or the aptitude to acquire such knowledge, and is in other respects eligible for enlistment, shall recommend his enlistment as a recruit constable bandsman to the recruitment officer, South.

135. Initial training period

A recruit constable bandsman shall be required to undergo an initial three-month training period at the Police College, Ikeja, during which period he shall be instructed in drill and general police duties.

136. Admittance to School of Music

On the satisfactory completion of his first three months' training period, a recruit con- stable bandsman shall be admitted to the School of Music, where he shall be instructed in music, and in such other subjects as the Director of Music may direct.

Re-engagement and re-enlistment of members of the rank and file

137. Re-engagements

The prescribed authority-

(a)    for the re-engagement for a further period of service in the Force of a member of the rank and file; or

(b)    for the authorising of the continued service in the Force of a member of the rank and file,

shall be the commissioner of police for the area command in which the member of the rank and file is serving.

138. Notice of intention to re-engage or not to re-engage

A serving member of the rank and file shall be required to give notice to the prescribed authority of his intention to re-engage for a further period of service in the Force, or to apply for continued service, or of his intention not to re-engage or not to apply for continued service as the case may be, at least six months prior to the completion date of his current period of engagement, and it shall be the duty of the prescribed authority to remind in writing such member of the rank and file of this responsibility at least eight months prior to such completion date.

139.  Completion of re-engagement formalities

When a notice of intention to re-engage for further service is received and such re-engagement is approved by the prescribed authority, the re-engagement formalities shall be completed as soon as is practicable after such approval has been given.

140. Conditions of re-engagement

A member of the rank and file may only be re-engaged for further service in the Force if-

(a)    he has completed his enlistment period or has completed a first or second period of re-engagement;

(b)    his standard of work and conduct has been satisfactory; and

(c)    he is physically and mentally fit for a further period of service in the Force.

141. Failure to apply for re-engagement or continued service

There shall be no penalty attached for failure on the part of any member to notify his intention to re-engage or not to re-engage for further service, or for failure to give such notification or to make such application within the prescribed period but such failure shall be deemed to be notice of intention not to re-engage or not to continue in the service, as the case may be.

142.  Pot. Form A/l/7 to be completed on re-engagement

A member of the rank and file who has been accepted for re-engagement for a further period of service in the Force shall be required-

(a)    to complete the prescribed re-engagement agreement form (Pol. Form A/1I5, NI/6, or NI/7 (according to length of service) in the presence of a superior police officer, who shall be witness; and

(b)    to repeat the Police Declaration (Pol. Form Nl/3) made by him on enlistment, before a superior police officer, who shall certify in the space provided on the re-engagement form that the Declaration has been repeated.

143.  Conditions of continued service

(1)    The conditions under which services of a member of the rank and file may be continued in the Force are-

(a)    that he shall have completed 21 years' service, or shall have reached the age of 45 years; and

(b)    that he shall be physically and mentally fit; and

(c)    that he shall be able to carry out efficiently the duties relating to his rank.

(2)    A member of the rank and file applying for continued service in the Force shall not be required to be medically examined as a condition of the approval of his continued service.

144. Action in case of continued service 110t formally authorised

(1)    In the event that subsequent to the expiry of his enlistment period or of his re- engagement period, a member of the rank and file is for any reason not formally re- engaged or approved for further service, yet continues to serve in the Force, the following action shall be taken immediately on the discovery of the fact of such continued ser- vice-

(a)    the member shall be requested forthwith to make application to the prescribed authority for re-engagement or for continued service, or to notify such authority of his intention not to re-engage or continue in the service (if such application or notification has not already been submitted);

(b)    should the member apply for re-engagement or for continued service, and such application be approved by the prescribed authority, such member shall be re- engaged or his continued service approved forthwith, and such re-engagement or continued service shall take effect from the day after the expiry of his enlistment or last re-engagement period, as the case may be;

(c)    should the member apply for re-engagement or for continued service and such application be rejected by the prescribed authority, the member shall have the right to appeal against such rejection to the Inspector-General;

(d)    where the member does not intend to re-engage or fails to submit his application to re-engage on being requested to do so, he shall forthwith be discharged from the Force.

(2)    Subject to there being no misrepresentation or fraud, any period of service not formally authorised by the prescribed authority, shall be deemed to be an extension of the enlistment or last re-engagement period, as the case may be, and shall be deemed to be for all purposes service in the Force, and the laws, regulations, orders and other instructions governing the conditions of service of members of the Force shall be applied in respect of such service, as if such service had been formally authorised.

145.  Re-engagement of constables after discharge

If a constable who has been honourably discharged from the Force offers to re-engage within six months of having received his discharge, he shall, if his offer of service is accepted, on re-engagement be entitled to enter the salary scale of constables at the incremental point he had reached at the time of his discharge.

146. Re-engagement of NCOs after discharge

If a non-commissioned officer who has been honourably discharged from the Force offers to re-engage within six months of having received his discharge, he shall, if his offer of service is accepted, on re-engagement be entitled to the rank which he was holding at the time of his discharge, save that if there is no vacancy in the establishment of that rank at the time he re-engages, he shall be to serve in such subordinate rank as the prescribed authority shall direct until such time as a vacancy occurs in the establishment of his previous rank.

147. Re-engagement of ex-member of the Force in certain cases

Any ex-member of the Force who has been discharged from the Force for a period exceeding six months and who applies for re-enlistment to the Force, shall, subject to his being accepted for service, be re-enlisted in the Force in accordance with the procedures laid down for the enlistment of recruit constables.

148. Re-engagement of members of the Technical Branch

For the avoidance of doubt, the provision of the Act and these Regulations relating to re-engagements for further service of enlisted members of the Force shall apply to en- listed members of the Technical Branches of the Force.

PART VI

Promotions

General Duties Branch

149. Principles governing promotions

Promotions to the different ranks of the General Duties Branch of the Force shall be made subject to the following general considerations-

(a)    fitness of the individual for the vacancy required to be filled, including physical fitness, knowledge of the duties of the appointment, general capability, training, experience, and the capacity for the proper control, direction and superintendence of subordinates; and

(b)    the degree of efficiency, intelligence, zeal and good conduct, hitherto displayed in the performance of the duties; and

(c)    seniority in rank.

150. Advancements of ASPs through the Long Grade salary scale

(1)    Subject to satisfactory service, an assistant superintendent of police may be advanced by annual increments through the Long Grade salary scale to the last segment of that scale.

(2)    An assistant superintendent of police promoted to the rank of deputy superintendent of police shall, if he has not already by length of service reached this point in the Long Grade salary scale, be advanced to the first point in scale B 3 in the Long Grade salary scale, and shall thereafter, subject to satisfactory service, and subject to his not being further promoted, be advanced by annual increments to the last segment of the Long Grade salary scale B.

151. Advancement of SPs through the Long Grade salary scale

A deputy superintendent of police promoted to the rank of superintendent of police shall, if he has not already by length of service reached this point in the Long Grade salary scale, be advanced to the first point on scale B 4 in the Long Grade salary scale, and shall thereafter, subject to satisfactory service, and subject to his not being further promoted, be advanced by annual increments to the last segment of the Long Grade salary scale.

Force Inspectorate

152. Selection of candidates for promotion

(1)    As and when vacancies occur in the Force establishment of sub-inspectors, the Inspector-General may select suitable candidates from within the non-commissioned officer cadres of the Force for promotion to the rank of sub-inspector.

(2)    A candidate to be eligible for selection shall be of exemplary character and must-

(a)    be of the rank of full corporal or above; and

(b)    be in possession of at least a Standard VI or Primary VI School Certificate.

153. Promotion courses and Selection Board

(1)    A candidate selected for promotion in accordance with regulation 152 shall attend a three months' Sub-Inspectors' promotion course and shall at the conclusion of the course appear before a Sub-Inspectors' Promotions Selection Board convened by the Inspector-General for a final assessment of the candidate's fitness to hold inspectorate rank.

(2)    The Commandant of the police college shall at the end of each Sub-Inspectors' promotion course submit to the Selection Board his written assessment of each candidate. The Commandant shall be available for consultation with the Selection Board in respect of any particular candidate but shall not take part in the Selection Board's assessment or recommendations.

154. Composition of Selection Board

The Sub-Inspectors Promotions Selection Board shall consist of five superior police officers and shall be constituted as follows-

(a)    the Commissioner of Police, Force Headquarters, who shall be chairman;

(b)    one assistant commissioner of police, who shall be deputy chairman;

(c)    two chief superintendents, one of whom must be from the police area command in which the candidate for selection is serving, who shall be members; and

(d)    one superintendent, who shall be a member and be the recording officer.

155.  Candidates to be promoted on probation only [L.N. 13 of 1976.]

A candidate promoted to the rank of sub-inspector shall remain on probation in that rank for two years and may by order of the Inspector-General be reverted to his former rank at any time during the two years if his work proves unsatisfactory.

156.  Confirmation examination

A sub-inspector on probation shall not be confirmed in that rank unless, during the probation period, he passes the Inspectorate Confirmation Examination:

Provided that-

(a)    a sub-inspector on probation who has reached the age of forty years prior to his appointment to that rank; or

(b)    a sub-inspector on probation who is a member of one of the technical branches of the Force, that is to say-

(i)     Signals;

(ii)    Vehicle Inspection; (iii) Workshops;

(iv)   Launch Crews;

(v)    Artisans;

(vi)   Force Band;

(vii)   Force Public Relations,

may be exempted from the examination.

157.  Recommendation at the conclusion of probation period

At the conclusion of a sub-inspector's two years' probationary period, the commissioner of police for the police area command in which the sub-inspector is serving shall submit to the Inspector-General a report on the sub-inspector's work together with a special recommendation that the sub-inspector-

(a)    be confirmed in rank; or

 

(b)    have his probation period extended for a stated number of months; or

(c)    be reverted to his former rank.

158. Extension of trial period

Only one period of extension of the trial period in respect of a sub-inspector may be granted and at the end of such period the appropriate commissioner of police shall make a final recommendation as to the sub-inspector's fitness for confirmation in rank.

159. Reversion to previous rank

A sub-inspector on trial who is reverted to his former rank before his promotion to the inspectorate rank shall re-enter the incremental scale of his former rank at the point he would normally have reached had he remained in that rank.

160.  Promotions, confirmations and reversions to be published in Gazette

The Inspector-General shall publish every promotion to, confirmation in and reversion from the rank of sub-inspector in the Federal Gazette.

161.  Advancement to other grades in the Force inspectorate

(1)    As and when vacancies occur in the Force establishment of the different grades in the inspectorate rank (including the rank of chief inspector), the Inspector-General may advance suitable candidates from the rank of substantive sub-inspector to those grades.

(2)    Such advancement shall be made on merit only and shall not be dependent on any stipulated period of service in any particular grade.

(3)    The Inspector-General shall publish every advancement in the Federal Gazette.

Rank and file

162.  Incremental advancement and promotion of members of the rank and file

Subject to any necessary delegation of powers by the Nigeria Police Council, the incremental advancement of constables, the appointment, incremental advancement and promotion of non-commissioned officers (other than members of the Force Inspectorate) shall be made by the commissioner of police for an area command in respect of members of the rank and file of the area command of which the commissioner has command.

163.  Accelerated advancement in certain cases [L.N. 12 of 1977.]

(1)    Accelerated advancement within the constable grade may be awarded by the Commissioner in cases of exceptional merit in accordance with the following-

(a)    In respect of a constable with the First School Leaving Certificate (standard six)-

(i)     from N1 ,044 per annum to N 1, 116 per annum-After a minimum period of twelve months on the lower salary point;

(ii)    from N 1, I 16 per annum to N 1, 188 per annum-After a minimum period of six months on the lower salary point;

(iii)    from N l,188 per annum to N l,224 per annum-After a minimum period of six months on the lower salary point;

(iv)   from N l,224 per annum to N 1,260 per annum-After a minimum period of six months on the lower salary point;

(b)    in respect of a constable with the Class Four Certificate-

(i)     from N 1,116 per annum to N 1,188 per annum-After a minimum period of twelve months on the lower salary point;

(ii)    from N 1,188 per annum to N 1,224 per annum-After a minimum period of six months on the lower salary point;

(iii)    from N 1 ,224 per annum to N 1 ,260 per annum-After a minimum period of six months on the lower salary point;

(c)    in respect of a constable with the West African School Certificate, or its equivalent-

(i)     from N 1, 152 per annum to N 1, 188 per annum-After a minimum period of twelve months on the lower salary point;

(ii)    from N 1, 188 per annum to N 1 ,224 per annum-After a minimum period of six months on the lower salary point;

(iii)    from N 1,224 per annum to N 1,260 per annum-After a minimum period of six months on the lower salary point.

(2)    For the avoidance of doubt it is hereby declared that the procedure of advancements shall be as follows-

(a)    a constable with the First School Leaving Certificate (Standard Six) will be eligible for his accelerated advancement to N 1,116 per annum after at least twelve months' service on salary point of N 1 ,044 per annum. From the incremental point of N 1, 116 per annum onwards his eligibility for further accelerated advancement in all cases shall be after six months on N 1, 116 per annum, N 1, 188 per annum and N 1 ,224 per annum;

(b)    a constable with the Class Four Certificate will be eligible for his first accelerated advancement to N 1, 188 per annum after at least twelve months on the salary point of N 1, 116 per annum. From the incremental point of N 1, 188 per annum onwards his eligibility for further accelerated increments in all cases shall be after six months on N 1, 188 per annum and N 1 ,224 per annum;

(c)    a constable with the West African School Certificate or its equivalent will be eligible for his first accelerated advancement to NI, I 88 per annum after at least twelve months on salary point of N 1, 152 per annum. He shall serve six months on the salary point of N 1,188 per annum before he is eligible for his second accelerated increment to N 1 ,224 per annum. He shall proceed to N 1,260 per annum after at least six months on salary point of N 1 ,224 per an- num.

164.  Promotions to be on area command basis and against vacancies in area command establishments

Promotion to the rank of non-commissioned officer and promotions within the rank of non-commissioned officer shall be made on an area command basis and all such promotions within an area command shall be made against the individual vacancies in the separate establishments of the non-commissioned officers of the area command.

165.  General principles governing promotion of members of rank and file

In making selections for promotions to, or within the non-commissioned ranks of the Force the commissioner shall pay regard to seniority in service and to good conduct but the commissioner shall give preferment to personnel who have manifested superior intelligence, zeal and initiative in the discharge of their duties, irrespective of their position in the seniority list. Seniority, unless combined with merit, efficiency and undoubted suit- ability for promotion, shall not constitute a claim for promotion.

166. Special qualifications for promotion

The special qualifications required for promotion to non-commissioned rank are-

(a)    aptitude for command, professional knowledge and a good educational standard; and

(b)    good conduct, temper and manners and the display of habitual courtesy to- wards the general public.

167. Promotion to the rank of corporal

Subject to regulation 162 and except with the express approval of the Inspector- General, no constable shall be promoted to the rank of corporal unless he has served for a minimum period of five years in the rank of constable.

168. Accelerated promotion to the rank of corporal

A constable who has passed the West African School Certificate Examination or the General Certificate of Education Examination (Ordinary Level) in English and mathematics, and in not less than two additional subjects, shall be eligible for consideration for promotion to the rank of corporal after he shall have served for not less than two years from the date of appointment as a recruit constable.

169.  Probation for six months on promotion

A constable promoted to the rank of corporal shall be required to serve a probationary period of six months in the rank of corporal before he is eligible for confirmation in that rank.

170. Probation for six months on promotions of corporal to sergeant

A corporal promoted to the rank of sergeant shall be required to serve a probationary period of six months in the rank of sergeant before he is eligible for confirmation in that rank.

171. Reversion in rank for inefficiency

A non-commissioned officer on probation who is found unsuitable to hold his rank on the ground of inefficiency shall be reverted to his substantive rank, and in determining his position in the seniority list of that rank, his period of service in the probationary rank shall count as service in his substantive rank.

172.  Reduction in rank of NCO on ground of misconduct: reinstatement

(1)    A non-commissioned officer who is reduced in rank on the ground of misconduct shall be placed on the top of the seniority list of the rank to which he is reduced, but shall be required to serve for at least one year in that rank before he shall be eligible for consideration for promotion.

(2)    The Inspector-General may, as a reward for gallantry or other distinguished police service at any time order the reinstatement of any officer reverted in accordance with paragraph (1) of this regulation to the rank previously held.

173. Rank and File Interview Boards

Rank and File Interview Boards shall be established in every subordinate formation commanded by a superior police officer, and such Boards shall interview, twice annually, every non-commissioned officer and constable of the formation for the purpose of assessing-

(a)    the suitability for promotion of each such non-commissioned officer; and

(b)    the suitability for accelerated advancement within the constable scale or the promotion in rank of each such constable.

174. Composition of Rank and File Interview Boards A Rank and File Interview Board shall consist of-

(a)    the superior police officer in charge of the formation who shall be chairman;

(b)    a senior member of the Inspectorate of the formation; and

(c)    a senior non-commissioned officer of the formation.

175.  Classification of candidates for advancement or promotion

A Rank and File Interview Board is required to classify those interviewed into one of the following categories, namely-

(a)    Non-commissioned officers-

(i)     suitable for immediate promotion;

(ii)    not yet suitable for promotion;

(iii)    not suitable for promotion.

(b)    Constables-

(i)     suitable for promotion;

(ii)    suitable for accelerated advancement in the constable scale;

(iii)    suitable for routine advancement in the constable scale.

176. Rank and File Interview Board Reports

The chairman of a Rank and File Interview Board shall complete duplicate Interview Board Reports (Pol. Form A66) in respect of each member of the Rank and File inter- viewed by the Board and send one copy to the area command headquarters for retention.

177. Rank and File Promotions Merit Lists

(1)    The chairman or a Rank and File Interview Board shall maintain separate Merit Lists, the names in each list to be arranged in order of merit of-

(a)    constables assessed by the Board as suitable candidates for accelerated advancement within the constable scale; and

(b)    constables and non-commissioned officers assessed by the Board as suitable for promotion, and shall submit such lists to the commissioner of police for the area command, as and when called upon to do so by the commissioner.

(2)    Merit Lists shall be reviewed and brought up to date after each sitting of the Board.

178. Special recommendation for promotion

In cases where it is desired by the officer in charge of a formation to make an immediate recommendation on the grounds of meritorious service for-

(a)    the accelerated advancement within the constable scale; or

(b)    for the promotion of any member of the rank and file,

such recommendation shall be supported by a completed Interview Board Report (Pol. Form A66) and shall be forwarded through the proper channels to the commissioner of police for the area command at the time the recommendation is made, and independently of the submission of the merit lists referred to in regulation 177.

179.  NCOs Promotions Selection Boards

The commissioner of police for an area command for the better selection of the most suitable for promotion of the candidates listed by Rank and File Interview Boards, shall convene Non-Commissioned Officers Promotions Selections Boards, which shall be held under the chairmanship of an officer not below the rank of assistant commissioner, to assess the suitability of the candidates for promotion from-

(a)    the rank of constable to the rank of corporal; or

(b)    the rank of corporal to the rank of sergeant.

180. Interview Board reports

The chairman of a non-commissioned Officers Promotions Selection Board shall complete an Interview Board Report (Po I. Form A66) in respect of each candidate inter- viewed by the Board.

Promotion courses

181. Selected candidates to attend promotion courses

Any constable or non-commissioned officer selected by a Non-Commissioned Officers Promotions Selection Board as being suitable for promotion in rank, shall be required to attend a promotion course of one month's duration at a Refresher Course School before finally being considered for promotion by a Non-Commissioned Officers

Promotions Selections Board, to be held under the chairmanship of the deputy commissioner, or in his absence, assistant commissioner.

182.  Exemptions to rules governing promotion to corporal and sergeant

(1)    The rules governing the promotions to corporals and sergeants shall not apply to specialists, that is to say, members of the Special Branch, C.I.D., Public Relations Branch, Force Signals Branch, and technicians.

(2)    The personnel mentioned in paragraph (1) above shall, when vacancies occur, be assessed purely on their ability within their own specialist or technical spheres save that where an individual is promoted within the non-commissioned officer ranks as a specialist or technician and then transferred to general duties, that individual may be required to attend a course of instruction at one of the Refresher Course Schools or at a police college before assuming duty.

183.  Instruction staff may be exempted from attending Refresher Course School

The commissioner of police for an area command may at his discretion exempt instructional staff at police colleges or Refresher Course Schools from attending the pro- motion courses at a Refresher Course School.

PART VII

The technical branches of the Force

General

184. Technical branches of the Force

The following shall be classified as the technical branches of the Force, that is to

say-

(a)    the Force Mechanical Workshops (Transport) Branch;

(b)    the Force Marine Branch;

(c)    the Force Supply Branch;

(d)    the Force Works Branch; and

[L.N. 6 of 1975.]

(e)    the Force Public Relations Branch.

185. Functions of the Force Mechanical Workshops Branch

(1)    The Force Mechanical Workshops Branch shall be responsible for the maintenance and repair of the mechanisms and coachwork of the vehicles of the Force Transport Fleet.

(2)    The officer in charge of the Force Mechanical Workshops Branch shall be designated the Force Workshops Officer.

186.  Functions of the Force Marine Branch

(1)    The Force Marine Branch shall be responsible for the navigation and the maintenance and repair of the mechanisms and hulls of the craft of the Force Water Transport Fleet.

(2)    The officer in charge of the Force Marine Branch shall be designated the Force Marine Officer.

187. Functions of the Force Supply Branch

(1)    The functions of the Force Supply Branch are-

(a)    the indenting for supplies for the Force;

(b)    the taking on charge and the safe custody of supplies purchased for the Force;

(c)    the distribution of supplies purchased for the Force;

(d)    the maintenance and repair of Force armaments;

(e)    the manufacture of clothing for the Force;

(f)     the repair of boots and shoes issued as articles of uniforms to members of the Force;

(g)    the repair of Force saddlery, and the maintenance of farrier services for police service horses;

(h)    the manufacture and repair of minor articles of wooden furniture, including police notice boards and sign boards, for the use of the Force.

(2)    The officer in charge of the Force Supply Branch shall be designated the Force Supply Officer.

188. Functions of the Force Works Branch

(1)    The functions of the Force Works Branch are-

(a)    the erection, subject to the approval of the Director General to the Ministry of Works, of specified permanent and semi-permanent buildings for the Force;

(b)    the maintenance of Force Buildings; and

(c)    the administration of Force Buildings.

(2)    The officer in charge of the Force Works Branch shall be designated the Force Works Officer.

189. Duties of Force Public Relations Branch [L.N. 6 of 1975.]

(1)    The functions of the Force Public Relations Branch are-

(a)    planning and co-ordination of Force public relations policies with a view to improving police relationship with the public;

(b)    serving as the central source of public information concerning the Force and the only official channel of publicity for the Force;

(c)    production and distribution of the Force's magazine, newsletters, press re- leases, feature articles, statistics, photographs, films, advertisements and other publicity documents to the information media and the public;

(d)    establishment and maintenance of an internal information and reference service within the Force;

(e)    examination of complaints from the public;

(f)     education of all ranks on the importance of good public relations; and

(g)    performance of any other public relations functions as the Inspector-General of Police may direct.