Código penal
24.12. Instituciones afines 1 Heterónimo
All the above suggests that the post-colonial Nigeria is characterized by a situation of insecurity and socio-political instability. In this context there is a widespread public belief in the inadequacy and ineffectiveness of the state
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security — this means that security of lives and property are not guaranteed. Nigerian governments (past and present) have failed to tackle this problem through policy actions and the government continues to rely on largely coercive methods for containing the problems rather than identifying the social factors which are responsible (Enukora 2005).
I have argued that the problems of modern Nigeria can be associated with the weakness of the post-colonial state which has resulted in a failure of the elites to fulfil the primary obligations of protecting lives and property and maintaining law and order. Besides its poorly equipped security agencies, the state is often partisan. Therefore, it can be further argued that the weak state in which the elite manipulated the enforcement mechanisms such as the police to protect themselves and suppress opposition to the popular demands have resulted into widespread corruption in Nigerian institutions, including the police (Ogbeidi, 2012; Egwu, 2011; Maier, 2000). Ogbeidi (2012: 21) observes that ineffective government results in the misappropriation of state resources by some elites; making poverty, bitterness and anger inevitable aspects of daily socio-economic and political routine among Nigerians. Defective state policies hasten contemporary ethnic conflicts and the
mobilization of ethnic movements. Violent ethnic conflicts arise as aggrieved and disadvantaged groups mobilize themselves to struggle for survival and contestation for political and economic recognition. Nigerian elites quickly engaged the same autocratic procedure used during the colonial period to deal with resistance to their unpopular policies perceived by those who had been marginalized. The security response has been slow, weak, and
ineffective. Some of the riots have lasted for several days, the state has always responded unhurriedly, thereby allowing considerable killings and destruction. Moreover, the handling has not deterred further occurrences because the primary cause has not been effectively tackled (Ake 1993; Egwu 2005; 2011; Alubo, 2006). Alubo (2006) further argues that most of attempts made by the post-colonial elites to curtail the rioting that results from militia activities and to deter further occurrences have failed because of the
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In an agreement with scholars such as Mandani (1996), other have argued that elites create and manipulate ethno-religious conflict as a form of divide and rule which serves to redirect the attention of ordinary Nigerians away from challenging the exploitation and misery inflicted on them (Ake, 1993; Ogbeidi, 2012). Ruling elites deploy severe and oppressive action against opposition to un-democratic regimes using the police and some of the militant groups in Nigeria in furtherance of primitive accumulation of resources and the sustenance of their political and economic interests (Ake, 1993). Osaghae and Suberu (2005) have argued that in a context of an unjust social order with exploitative and oppressive social relations between the rulers and ruled such as in Nigeria, the legal institution is used and deployed to oppress the
governed and those considered to be threatening the prevailing socio-political and economic order.
My finding showed that colonial states were not representative of the people they ruled, they were not concerned with their needs and welfare and had little respect for human rights. It is difficult to develop welfare or democratic institutions and procedures on a political foundation that is weak or faulty inherited. The problems of the post-colonial elites are that they have not really done much to resolve the issue of ethnic conflict which resulted from the policy of divide and rule that were left unresolved. The unresolved issues of contestation have been attributed to ethnic conflicts, agitation and
contestation for equal representation in the political and economic
precipitation in the affairs of the country (Alubo, 2006). Besides, as Nigerian elites were confronted with opposition, because of their inability to meet the needs of their citizens, it was easy for them to fall back on the unjust manner of the colonial regime rather than engaging in dialogue to find a lasting
solution to the problems threatening the security of the Nigerians (Ogbeidi, 2012).
2.5.1 Conclusion
Postcolonial Nigeria faces the problem of legitimacy and trust in the
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and the provision of basic needs of the citizens. Many commentators conclude that at present, the state mainly serves its interests and is unwilling or unable to secure order and stability for wider society (Ekeh, 1975; Scheye, 2009). This failure has compelled communities to set up self-defence groups for the maintenance of security. The evidence from the above suggested that Nigeria elites work within the sphere of the weak state. One may be tempted to argue that pervasive economic mismanagement, political instability, insecurity and disregard for rule of law are the main feature of the post- colonial state. It has been argued that it is needless to expect meaningful and sustainable development in a system that is manned by corruption; by
extension other institutions of government will suffer a trust deficit.
Therefore, the police officer’s inadequacies are not to be attributed to low intelligence or weakness and wickedness, but rather to be understood within a wider context of the legacy of political dictatorship and socio-economic exploitation introduced by colonialism and sustained within the context of a neo-imperialist socio-economic and political order within which the police work. This has rendered the police officer and police function in a particular position with complex obstacles to providing security and a consequent lack of harmonious coexistence with the members of the public.
Similarly, it is clear from this chapter that the activities of the elite class have many implications for the operation of the police and even the formation of the criminal group in Nigeria. The poor performance of the police could be linked to elite corruption resulting in their manipulation, a lack of adequate funding and the failure to provide better services on the part of the police. The emergence of forms of local militia reflects this context and of the bitterness and political grievances, which it creates. The violent ethnic conflicts are indications of a broader loss of confidence and trust in the Nigerian state.
This chapter further suggests that in pre-colonial Nigeria, the law fostered unity among member and their rulers. The leaders were accorded respect and trusted because they were seen to be legitimate, enforcing the law that
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originated from the custom of the people. In contrast, the law and the
mechanism of enforcement — police force, established in Nigeria since British colonial rule has been consistently repressive, corrupt and inefficient. The creation and maintenance of police force that operate as an apparatus of violence used by the rulers to suppress opposition to social injustices and the anti-democratic rule is one of the legacies left for Nigeria by British colonial rulers. In post-colonial Nigeria, the coercive characters of both the state and police derive from the legitimacy problems has undermined citizens’ lack of trust in the successive governments.
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