Section 108 Nigeria Police Act

Section 108 of the Nigeria Police Act 2020 is about Appointment of emergency special constables. It is under Part XIII (Special Constables) of the Act. It provides as follows:

(1) If at any time the Commissioner of Police for a State or Federal Capital Territory is satisfied, as police in that State, that an unlawful assembly or riot or breach of the has taken may reasonably be expected to take place in that area, or that by reason of other special circumstance it in necessary in the public interest for emergency special constables to be appointed in respect of that area, he may authorise the senior police officer in charge of that area or any Chief Superintendent of Police to appoint person resident or employed in that area (whether male or female) emergency special constables.

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

(3) Where a senior 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 notice is served under subsection (3) shall present himself at the time and place specified in the notice and shall, on being required to do so by the senior 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 signed that promise, the senior 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–
(a) shall, in the police area in respect of which he is appointed not elsewhere, have the powers, privileges and immunities of a special constable ; and
(b) subject to the provisions of this Act, shall be a member of the special
constabulary for all purposes.

(6) The senior 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) ; or
(b) refuses to make and sign a promise to serve on being required to do so under subsection (3) is liable on summary conviction to a fine not exceeding N1O,OOO.

(8) The 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 provisions of this section shall have effect subject to section 106 (2) and (3) of this Act.