VIGILANTISM AND CRIME CONTROL IN CONTEMPORARY NIGERIA
CHAPTER TWO
REVIEW OF RELEVANT LITERATURE
CONCEPTUAL FRAMEWORK
The Concept of Vigilantism
The word vigilantism is of Spanish origin and means: “watchman” or “guard” but its Latin root is vigil, which means “awake” or “observe” (Johnston, 1996). According to Johnston, six elements of vigilant activity are
A. Minimal planning, preparation or premeditation.
B. Private agents acting in a voluntary capacity.
C. Activity undertaken without the states authority or support.
D. A reaction to the real or perceived transgression of institutionalized norms.
E. Aims to offer people the assurance that established order will prevail.
According to Chambers 20th century dictionary, vigilantism is an authorized body which in the absence or inefficiency of regular government exercises power of arrest, punishment etc. Dumke, cited in Encyclopedia Americana (vol. 28:113-114) says that vigilante is the name given to self-appointed law enforcement groups who appeared from time to time on the American frontier and occasionally in older communities where established authority seemed unable to cope with lawlessness and disorder.
In Nigeria, the term vigilante is used loosely to refer to a range of different groups, each with different motives. The term has been applied to groups such as the Bakassi Boys, who were initially set up with the purpose of fighting crime without an explicit political agenda, as well as to others such as Odua People’s Congress (OPC), the Yoruba ethnic militia active in south west of Nigeria. The OPC was initially created to advocate for autonomy for the Yoruba people. However, from 1999, the OPC changed its fundamental objective of seeking self- determination for the Yoruba people to crime fighting activities and the settlement of personal disputes. In some of the Northern States in Nigeria, there are other groups known as Hisba groups referred to as vigilantes, which are used to monitor and enforce the observance of sharia laws.
In Udenu Local Government Area of Enugu State the term vigilante denotes a group of people formed by the members of the community to control and prevent crime due to the inability of the formal criminal justice system to bring the increasing crime wave in the local government under control.
Origin of Vigilantism
As noted by Human Right Watch (HRW) and center for law enforcement and education (CLEEN), vigilantism and other self-defense groups currently operating in Nigeria have roots that reached deeply into the country’s history. Their study identified southeast (Igbo) states as the main areas where vigilante groups were predominant in the pre-colonial era. On the contrary and as the report from HRW and CLEEN testifies to, what we know is that the modern employment of vigilante groups in contemporary Nigeria is widespread and ranges beyond Igbo territory (legitimization of murder and torture. 2002).
The Nigeria police are ineffective and corrupt. This fact made the public skeptical about their ability to live up to expectations with respect to crime control. Harry Nwana’s account of the emergence of vigilantism in his home, part of Imo State was anchored on police collaboration and betrayal. According to him, “life was made unbearable by callous activities of armed bandits.
Vigilantism and the Public
Public tolerance of vigilante group is very high. After suffering years of violent crime, abuse by the security forces, and government inaction, people appeared to have given up expecting the government or the police to provide protection or security. As the center for law enforcement and education puts it, “when Bakassi Boys took on the task of fighting crime, they were hailed as heroes. The overwhelming feeling of many people was relief at being able to sleep with both eyes closed”. This is an indication that the emergence of Bakassi Boys in some eastern states of Nigeria was embraced by the public. The clause ‘being able to sleep with both eyes closed’ described post Bakassi era. (Eke, 2002). Indeed a sociology professor summed up the public attitude towards the Bakassi Boys and other vigilante groups: people tolerance of vigilante groups is very high even among reasonable people.
This general acceptance of vigilante groups has permeated many sectors of the economy. A judge in Anambra State described the situation in the following ways: “no one challenges the Bakassi, no one speaks up, and people just talk about execution as if it were something normal. Even the judiciary are accepting the Bakassi; even some lawyers don’t see what’s wrong”. (Eke, 2002).
Policing and Crime Prevention
The involvement of private individuals in law enforcement processes in Nigeria has generated different reactions from different scholars. Policing and crime prevention are inseparable. The essence of policing is to prevent or control crime. Policing is all about ensuring the security of people who reside within a particular geographical location; with acommon interest of protecting their lives and property and who have identified that certain acts are reprehensible to community well-being (Dambazau, 2007).
Every society has rules and regulations that guide the conduct of individuals. Violation of these rules calls for punishment or sanction by the society. Thus, the need to enforce the rules and regulations in the society gave rise to police. According to Roberg and Kuykendal (1993:53), “the history of police is the history of rule enforcement in a society, more particularly, the history of enforcement of those rules related to criminal behaviour”.Ried (5th ed.) has noted that “the history of policing began with informal policing in which all members of a community were responsible for maintaining order”. In other words, policing from the beginning of human history was carried out by private individuals, groups, associations and organizations in the private sector. Vigilantism is identified as one category of informal policing (Clockar, 1985).
Crime prevention has been defined as a pattern of attitudes and behaviours directed both at reducing the threat of crime and enhancing the sense of safety and security to positively influence the quality of life and to develop environment where crime cannot flourish (Dambazau, 2007).
It is a truism that one of the objectives of the police organization is crime prevention. It is also a truism that efficient policing depends on public cooperation and support. It is however sad to note that these cooperation and support from the public may be far from being achieved. Police brutality, corruption and criminality in the system have made worst the relationship existing between the police and the public. Talking about the relationship between the police and the public, US commission on civil rights cited in a journal: contemporary crises, law and social policy vol: II (1987) concluded “in 1970, the police subject Chicanos to unduly harsh treatment, including harassment and frequent arrests on insufficient grounds for investigation. As a result, police are viewed as a source of tension and fear by many barrio residents, where police cannot be trusted, some other group must serve as protectors of the community”. In the Barrio, he continued, this role falls to the young men.
In the 1980s, serious crime grew to nearly epidemic proportion, particularly in Lagos and other urbanized area characterized by rapid growth and change, by inadequate government services and law enforcement capabilities. Published crime statistics were probably grossly understated because most of the countries were virtually unpoliced–the police were concentrated in urban areas where only about 25 percent of the population lived and lack of public confidence in the police contributed to the underreporting of crimes (global security, 2008).
For decades members of Nigeria police force seem to have betrayed their responsibility to protect Nigeria citizens and have instead preyed on them for economic gains. Indeed, the relationship between citizens and the police is very often characterized by confrontation and exploitation. A research conducted in 2000 by the center for law enforcement and education (CLEEN), a Lagos based NGO, found that the use of violence by the police against the citizens in Nigeria was widespread. Of 637 respondents to a survey carried out in 14 states, percent said they had been beaten by the police 22.5 percent said that police had threatened to shoot them in the past and 62.7 percent said they had witnessed the police beating another person.
There is no doubt that the Nigeria police force is seen to be an unfriendly organization whose officers are generally high-handed and abrasive, always using their position to take unfair advantage of people in order to extort money from them. A glaring example is the killing by the police in Apo, Abuja of six young person’s falsely labeled armed robbers.
Crime Prevention Control by Vigilante Group
For any crime to occur, three major factors must come together which are as follows
• An individual or group must have the desire or motivation to participate in a banned or prohibited behavior.
• At least some of the participants must have the skill and tool needed to commit the crime and
• An opportunity must be acted upon.
For prevention of crime to occur, these factors have to be worked upon to reduce them to the best minimum or of possible, eradicate them completely. An idle mind it is said is the criminal tendencies are gain fully employed and engaged the desire to present its self because they now have something to lose when crime occurs, they will not want to act upon it. Also, persons with criminal skills can be used to tackle crime. For example a rehabilitated drug addict or use instead of been allowed to go back to his or her old neighborhood to mingle with old partners can be employed, even on a temporary basis to other teach and enlighten against drug abuse or even as a spy or investigation to bust drug rings. Also, the use of community policing is one very novel and effective way of crime control and prevention. The police force is not numerically capable of being everywhere at all-time have the need then, members of the community to also participate in policing their environment prompt reporting of suspicious activities and characters in the neighborhoods is one just because you own house is not affected by the nefarious activities going on does not mean you keep silent about it for tomorrow, it might be your turn.
Knowing your neighbor or a new addition to the community is another way of preventing crime in the neighborhood. Because he or she has the money to afford the rent, then all is well. There is a need to know who the person is, where they are coming from, what they do for a living e.t.c. these details we terms as minor go a long way in letting us who we are telling into the neighborhood to be with our families and friends. Increasing the risk of crime and reducing it rewards are also ways of preventing crime for example, in a locality where uncompleted building abound surplus no vigilantes, no security light, and persons of questionable characters reside, there are risks in crime commitment because the environment is already a criminal know he or she has to pass through the stress of taking out the properties the event of property crime or a venue for personal crime because there are no hiding places, he or she is not at home because one is looking responsible and the criminal stands out a sore thumb in the environment they will be found out.
Preventive Methods of Crime by Vigilante Group
Actually preventive measures are employed by the police or vigilante group to forestall or reduce the opportunity or avenue for committing crime this is in appreciation of the fact that it is cheaper to prevent crime than to detect it. The method usually employed includes:
• Feasible operational method of checking the menace of criminals.
• Surveillance on building and suspected criminal individuals. This method affords the police the motorized patrol and foot patrols including highway and border patrols. This remains the most opportunity to collate intelligence on criminals.
• Cultivation of information: - information is the key to all policing functional activities there is need to continuously gather intelligence reports about criminal individuals and associate receivers of loots operations. Information is vital and investigation must regard everyone they come in good act with as a potential source of information. Information received through this medium is useful in planning strategies to combat crime. Cultivating information is an essential part of police duty and this is achieved by building relationship as well as developing rapport with members of the public with good intention to assist the police , criminals in police custody and victims of criminals activities, every investigation has a moral professional and ethical obligation to safeguard the identity of an informers. Failure to do this may result in death, injury, or intimidation for the informer and/ or his or her family. As a general rule an informer should not be exposed unless he or she has agreed (for example if he or she is willing to give evidence in court).
• Decoy methods are strategies employed by the police to destabilize the set plans of the criminals. This is sequel to in intelligence gathered on the activities of the criminals and their preparedness to commit crime.
• Covert operations undertaken by the police to forestall criminal activities who are obviously of such operations until they are apprehended.
• Raiding of criminal hideouts to apprehend criminals and recover arms and ammunition.
• Arrest and interrogation of suspected criminals.
• Simulation of crime situation: the police create scenario by engaging in some activities aimed and selling dummies to criminals who mistakes such actions for real life situation and unwittingly expose their identities.
Detective Methods of Crime by Vigilante Group
Crimes that escape police preventive networks are subjected to rigorous investigation by detectives are guided by the following principles:
1. Ensuring that investigations are thoroughly and exhaustively carried out.
2. Ensuring that the facts about a crime and carefully assembled and closely examined.
3. Ensuring that suspects are painstakingly questioned and their statement obtained.
4. Ensuring that witness statement is properly recorded.
5. Ensuring that exhibits are properly collected, labeled and safety kept.
6. Ensuring neat compilation of case filers.
7. Taken the case to the appropriate security agency
8. Seeking legal advice where necessary.
Detective Operations of Crime by Police
Vigilante crime detection is an important part of community security work. Every Vigilante organization has detective unit in its various commands. In our study area there is not less than 22 divisions of vigilante groups in various villages. This important division is charged with solving or clearing reporting crimes to the relevant security formations. Then after taken the suspect or vital information to the police its traditions of police tradition, a detective or investigator interviews the victim of the crime and any witnesses, collected evidence and processes the crime scene (searches the scene of a crime for physical evidence collects the evidence and forwards it to the police laboratory for analysis). The detective or investigator also conducts canvasses (searches of area for witnesses), interrogate possible suspects, arrests the alleged perpetration and prepared the case with assistance of the district attorney or prosecution office for presentation in courts.
The detective generally begins an investigation upon receipt of an incident report (complaint report) prepared by the office who conducted the initial interview with the victim. Theincident report contains identifying information regarding the victim details of the crime. As the detective begins the investigation, he or she maintains a file on the case using follow-up reports for each stage of the investigation. The incident report and the follow-up reports are generally placed in a case folder and serve as the official history of the crime and its investigation. The case folder is then used by the prosecution to prosecute the case in court. (To prosecute means to conduct criminal procedure in a court of law against a person accused of committing a criminal offence. The people performing this duty are generally called prosecutors, who are the police officers).
Surveillance of Crime by Vigilante Groups
Surveillance is one of one the oldest ways of detecting criminal activity. This method is used by vigilante groups when it has an information that a crime will take place at a specific location or when certain people are suspected of criminal activity. When a vigilante group make a surveillance suspected that a crime is committed or about to take place they quickly reported to closest and relevant security formation for necessary action. The first situation is usually handled by fixed police observation known as a stakeout: The second circumstance may require mobile observation as well, perhaps on foot or by automobile. Some situation may call for aerial observation (using aircraft) or electronic procedure (using surveillance equipment that monitors electronic communication.
The observation method must be legal. Surveillance techniques, for example may include placing personnel in strategic locations and equipping them with optical aids, such as binoculars or scopes with the capacity to detect an object illuminated only by moonlight or with electronic devices, sensitive to a conversation taking place at a considerable distance.
Interrogation of Crime by Police
Interrogation is purely a police work because it deals with some aspect some professionalism, the role of vigilante group is to report any crime case to relevant security formation and help them in collection of the witness. The information needed to further an investigation must be obtained from people who have some significant knowledge concerning the crime. Witnesses or victims are interviewed and suspects are interrogated. Eye witnesses to a crime to a crime are often asked to identify the perpetrator, although identification errors have prompted psychologist to explore the processes and pitfalls of memory, recall, and recognition. Experiments under controlled conditions indicate that jurors will convict four times as often if eyewitness testimony is offered, even when the visual activity of the witness is discredited. Interrogation is used when the information sought is not readily forthcoming, perhaps because of hostility or guilt. Often some key to the solution of a crime, such as the location of the weapon in a murder case is known only to the perpetrator. Without information provided by the suspects crime may go unsolved. Legal safe guard against abuse now surround this process before using any information obtained from an interrogation, the court must be assured that the suspect was advised of his or her right.
Challenges of Nigerian Police Force in Crime Presention
Like every other thing these responsibilities are not carried out without done challenges. One of such challenges is the non-availability of proper welfare and facilities for the police force. It is not on hand for police personnel to be without recommendation for as long as two or three months. Where are they supposed to find from? Even when these movies are paid how much are they? How is one expected to protect someone who lives in a mansion or their bedroom were on an air-condition flats while he or she is staying in a single room with their families? Or protecting a car when you don’t even have a bicycle? How can one do it efficiently? You find a police man on patrol at night with only a touch light and stick while he is expected to combat criminals with guns. These have contributed majorly to their lackadaisical attitude to work. The economic and financial crime commission in its 2014 annual report rated the Nigeria police force as the most corrupt establishment in Nigeria.
All these challenges tend to hamper the proper efficiency of the police.
THEORETICAL FRAMEWORK
Social contract theory
The major proponents of social contract theory are Thomas Hobbes, John lock and Jean- Jacques Rousseau. The social contract is an agreement between the state and its citizens that spells out the relative rights and duties of both of them.
In the theory of social contract, Hobbes, pointed out that the citizens owe the sovereign absolute obedience in exchange for protection against domestic law violators (criminals or deviants) and foreign enemies. (International Encyclopedia of social sciences, vol. 13 and 14 :378–380). For Hobbes, order could be achieved if all citizens enter into a contract to surrender their individual powers to the sovereign in return for the protection of life and property. On the other hand, lock suggested a minimal and irrevocable government anchored on natural laws. Rousseau suggested a contract that is based on equality and democratic participation. This contract is based on “general will”. The general will rely on the coming together once a while of the entire democratic body, every citizen to reach a consensus on how to live together.
This theory was chosen for the study because in Nigeria, it is the responsibility of government to protect lives and property of citizens that obey the laws of the land by providing adequate security. Howbeit, Nigeria police who is the foremost state agent in the fight against crime seems to be understaffed and ineffective in many areas including Udenu L.G.A of Enugu State As a result, individuals came together to establish their own security organization: vigilante groups.