Police brutality has been a long-standing issue in Nigeria, creating a deep-seated mistrust towards law enforcement agencies and compromising public safety and security. Recently, there has been a surge of interest in equipping police officers with body cameras as a way to boost transparency and accountability in their actions. The introduction of body cameras in Nigeria holds the promise of making a significant impact on the criminal justice system by curbing instances of police misconduct, enhancing evidence gathering and documentation, and rebuilding public faith in law enforcement.
Taking into account the provision of section 4 of the police Act 2020 which empowers the police to directly relate with civilians in course of carrying out their statutory duty and also all law enforcement agencies share same direct relationship with civilians in course of carrying out their respective duties; it becomes inappropriate to overrule the use of arbitrary and unwarranted force to achieve their goals. To kick things off, the utilization of body cameras by Nigerian law enforcement entities could play a pivotal role in minimizing cases of police brutality. Police officers, wielding immense authority, sometimes veer off course by resorting to excessive force or misconduct. The introduction of a body camera can foster the following:
I. ACCOUNTABILITY OF ACTIONS.
It is crystal that the law presumes that a man intends the natural consequences of his action. See KOLADE v STATE (2017) LPELR-42362(SC). Deducing from the presumption coupled with body cameras in play, the law enforcement officer is most likely going to toe the line of good ethical behaviors, being aware that his/her action is being documented. Moreover, the footage captured by body cameras can stand as solid proof in instances of alleged misconduct, holding officers accountable and discouraging future abuses. In addition to the fact that the footage stands as some sort of external consciousness to curtail the arbitral act of the law enforcement agent as well as reduce both civilian complaint and the liability of the agency from certain complaints.
2. CORROBORATIVE EVIDENCE
With the introduction of the body camera, the same will also stand as corroborative evidence both for the state and the victim where such occurred. In a celebrated case of ALADE V STATE (2022) LPELR-58614(CA) the Court of Appeal held that for a piece of evidence to be corroborative of another, it must relate and support that other evidence. See the case of State V Yahaha (Supra) where Peter Odili JSC opined that "the test to be applied to determine the nature and extent of corroboration is to establish that the evidence is an independent testimony which affects the accused by connecting or tending to connect him with the crime". With instances of the commission of any crime, the footage from the body camera will aid both parties in proving fact captured by the body camera.
The sad incident that took place in Minneapolis, Minnesota, United States on the 25th day of May 2020 which saw the murder of a 46 years old black American man by name Mr. George Floyd, tends to live rent free in the minds of most black Americans. It should be noted that the footage from the body camera of Officer Lane from George Floyd's arrest did corroborate the fact that Mr. George Floyd was neither armed nor resisting arrest during the time of his arrest. It is without any iota of argument that the corroborative nature of the body camera footage is a strong piece of evidence.
3. INCREASED QUALITY OF EVIDENCE.
The use of body cameras can elevate the firsthand evidence collection and documentation in criminal investigations. The footage harnessed by these cameras can serve as crucial evidence in legal proceedings, offering a detailed narrative of police-civilian interactions. This can help validate witness accounts, untangle disputed events, and present a more objective record of incidents compared to conventional written reports. By enhancing the caliber and reliability of evidence, body cameras can fortify the criminal justice system and fuel fairer and more efficacious outcomes in legal processes. There is no doubt as held by the Apex court in KUSHIMOH v STATE (2021) LPELR54999 (SC) that "...It is trite fundamental doctrine, an eyewitness account of the commission of any act, be it an offence (crime) or otherwise, is the best specie of evidence amenable to the courts". Moreso, by the Criminal Victimization report of September 2019, NCJ 253043, prepared by Rachel E. Morgan, Ph.D., and Barbara A. Oudekerk, Ph.D., all of the U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics, "the main reasons that local police and sheriffs' offices had acquired body-worn cameras were to improve officer safety, increase evidence quality, reduce civilian complaints, and reduce agency liability". Furthermore, the use of active body worn cameras will also increase the preservation of crime scenes as the live footage will cover the happening. This goes further to show that the use of body cameras in gathering increased/firsthand evidence cannot be overlooked.
4. REBUILDING TRUST IN THE AGENCIES.
Apart from bolstering accountability and evidence-gathering, equipping law enforcement bodies with body cameras can also play a pivotal role in rebuilding public trust in the police. Trust and confidence in the police form the bedrock of effective policing, with collaboration between law enforcement and the community being imperative for upholding public safety and security. Nonetheless, instances of police misconduct can chip away at public trust, stymieing cooperation with law enforcement and impeding crime-fighting endeavors. By embracing body cameras, the Nigerian police force and other law enforcement agencies can underscore their commitment to transparency and accountability, assuring the public of surveillance over their actions and fostering greater trust and confidence in law enforcement agencies.
CHALLENGES TO THE USE OF BODY WORN CAMERA BY LAW ENFORCEMENT AGENCIES IN NIGERIA.
Despite the potential advantages of body cameras, their adoption in Nigeria may hit a few roadblocks. One significant hurdle is the financial burden associated with obtaining and maintaining the necessary equipment. A typical corruption minded state will see another avenue for money laundering, thereby making minimal funds available which will be directly detrimental to the provision and maintenance of the body camera and bits of stored information.
In another development the training officers on the proper utilization of body cameras will also pose a Jericho in the actualization of the body cameras. The proper training of the use and mode of storing information and data will pose a huge challenge as this will require the training of over 5 million persons who are signed up to the law enforcement agencies in Nigeria. In a resource-constrained setting like Nigeria, where there are numerous competing demands, investing in body cameras may necessitate a substantial financial outlay from the government.
Another important factor that stands as a major challenge in the success of the program will be regarding data security and privacy. By the express provision of section 37 of the constitution of the Federal Republic of Nigeria, the privacy of Nigerians is guaranteed and as such any action taken to oppose such guaranteed right automatically becomes unconstitutional (save as those provided by law). it is a guarantee by the given that the footage from body cameras contains sensitive information and must be handled cautiously to avert misuse or unauthorized access.
CONCLUSION
In wrapping up, the use of body cameras by law enforcement bodies in Nigeria has the potential to usher in a profound transformation and positively impact the criminal justice system, stemming up real and concrete (raw) firsthand evidence which can both stand as an independent evidence or a corroborative evidence. These would be targeted at curbing instances of police brutality, enhancing evidence collection and documentation, and renewing public trust in law enforcement; body cameras can pave the way for a more equitable, transparent, and accountable policing landscape. While hurdles may crop up during the implementation of body cameras, the potential benefits far outweigh the costs, underscoring the necessity for Nigerian authorities to seriously mull over the adoption of this technology as a means to refine policing practices and uphold the rule of law.
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