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.