Legal Framework for the Emergence of Private Security Companies
While there may not be a general consensus as to the definition of
private security company (PSC), The services provided by private
security companies towards enhancing security include “armed and
unarmed guarding; patrols; escorts; transport of valuables and
commercial goods; intelligence services; trained dogs; electronic
monitoring; investigations; fortification of buildings; protection of
works and infrastructure; protection against kidnapping; safety and
self-defense training and marketing of weapons” (Anyanwu, 2012 p. 47).
Anyanwu (2012) went on to say that these services draw a broad range of
customers, including government and its agencies, private industries,
corporate organizations, and a growing number of businessmen and
individuals seeking to ensure security of life and property. It must be
emphasized that “the overriding services that private security
companies provide is the prevention and control of crime aimed at
protecting lives and property” (Anyanwu, 2012 p. 52).
It is very imperative to note that under CAP 367 Laws of the Federation
of Nigeria (1990) the Private Guards Company Act, private security
companies are prohibited from carrying gun in the execution of their
functions. The duties and functions of PSCs in Nigeria in addition to
guarding public and private places include: joint police/PSC patrols;
escort services particularly airport transit; rapid response; key point
security; executive protection; security consulting; security surveys
and risk assessments; electronic surveillance; audio intelligence
services; alarm system installation; cash in transit movement; security
awareness training; K-9 services (Dog handling); private investigations;
protocol services; security driver (Chauffeur) services; crime analysis;
static guards/custodial service; cleaning/environmental services; fraud
examination; strategic planning; forensic analysis and expert or witness
testimony in Court (Ekhomu, 2005).
Section 1 (1) of CAP 367 summarizes the functions of the PSCs as
watching, guarding, patrolling, cash-in-transit protection and crime
prevention. Thus, Ekhomu (2005. p. 166) asserts that “essentially, PSCs
have continued to contribute meaningfully to the economic development of
Nigeria through their crime control and crime prevention
activities,…It is clear that the government expects PSCs to play a
prominent role in Nigeria’s socio-economic arrangement”
Private security officers are empowered under Section 12 of the Criminal
Procedure Act, Laws of the Federation of Nigeria (1990) to arrest any
person who commits any offence in his presence while Section 14 of the
same Act requires that such arrest should be handed over to the police
within a reasonable time (24 Hours). PSCs lack the legal capacity to
investigate and prosecute criminal offenders in Nigeria. However,
Dempsey (2008) observed that private detectives and investigators are
authorized to investigate criminal cases in the United States. PSCs in
Nigeria do investigate criminal cases for their client’s benefit, but
they can be integrated into the mainstream criminal investigation
through appropriate legislation.