Legal Authority, Use of Force, and Liability
Sources of authority
A guard's authority comes from the law, the client's lawful instructions, and the employer's policies. It is not the same as police authority. In Nigeria, a private guard may arrest in cases permitted by law, such as an offence committed in their presence, and must hand the person to the police promptly. Detention must be lawful and humane; Chapter IV of the Constitution protects rights including life, dignity, liberty, and fair hearing (sections 33-36).
Use of force
Force must be necessary, reasonable, and proportionate. The force continuum moves from presence and verbal direction to empty-hand control, then to less-lethal and lethal options. Deadly force is justified only to prevent an imminent threat of death or serious bodily harm, not to protect property or punish. After force, render first aid where trained, call for medical help, and report immediately.
Liability
Criminal liability, civil liability, and disciplinary liability can arise from the same act. Negligence requires a duty, a breach, causation, and damage. Supervisors can be liable for failing to train, supervise, or correct known risks.
Worked example
An intruder climbs a fence at night and runs when challenged. The weak response is to fire at him as he flees. The reasoned response: shout a clear warning, call for backup and police, note direction and description, secure the breach, and preserve evidence. Force is used only if the intruder poses an imminent threat to a person. The reasoning: fleeing property crime does not justify deadly force, and a reckless shot creates criminal and civil exposure.
Traps
Equating guard status with police powers; using force to punish; chasing a fleeing suspect alone; failing to report force; relying on verbal permission instead of policy.