Pushed To The Wall Over State Police

The proposal to create state police and if possible local government police is consistent with the principle of true federalism and decentralization of powers.

The arrangement would enable the states to effectively maintain law and order especially during emergencies.

Besides the Nigeria Police is ill-equipped and deficient that it cannot ensure safety of citizens and their property inspite of the huge budgetary allocations made to the Police Force in recent years.

You will be alarmed at the amount of money so far allocated to the Nigeria Police Force in the last twenty-five years.

Two positions were canvassed by Nigerians on the desirability or otherwise of allowing states to establish and maintain their police.

Proponents of separate police for the states rested their demand on the strong ground that it was consistent with federal practice. The arrangement, they argued, enabled the federating states to effectively maintain law and order, especially during other social upheavals such as inter-communal riots, youth restiveness, riots and ethnic militancy without the often costly delays in obtaining federal approval by the Commissioner of Police even when a State Governor has so directed or requested.

The handlings of the various inter communal upheavals in the various states of the federation since the beginning of the current democratic governance left much to be desired. This, many people believe was due to the provision of Section 215(4) of the Constitution which hinders a Governor from exercising his power as Chief Security Officer of the State.

Experience has shown that state governors are mere figure heads in terms of security in their states. The Commissioners of Police get their directives from the Inspector-General of Police who is appointed by the President.

Another example mentioned for the failure or weakness in the present centralized police structure was the inability of the Nigeria Police to contend with the high rate of violent crimes which ravaged major towns all over the country. In response to the hostage-like situation in which the States were held by hoodlums, some state governments have resorted to establishing Vigilante Groups which they claim have successfully dealt with the crime situation in those states.

In some instances however, people often accuse these groups as some kind of local “militia” who would not hesitate to take the laws into their hands at will and molest people. The recent experiences in some parts of this country constitute sufficient lessons not to allow local “militia” to be formed. The Nigeria Police is however so badly equipped and unmotivated and so could not effectively deal with the crime and security situation in the country. That is why Amotekun, as security outfit for SOUTH WEST was launched in Ibadan on January 9,

2020 and Elubeagu, a security outfit for SOUTH EAST was launched in Owerri on April 12, 2021. Similarly, Shege Ku-Fasa, a security outfit for NORTHERN states was launched in Kaduna on February 6, 2022. BRACED Commission made up of Bayelsa, Rivers, Akwa-Ibom, Edo and Delta states launched a security outfit for SOUTH SOUTH on March 6, 2020.

Even recently, Zamfara state launched its own security outfit, Asi Askarawa Zamfara on January 31, 2024.

Representations against State Police bordered on the fear of abuses to which State Governors may subject their police. These fears included those of intimidation and harassment of political opponents and perpetuation of electoral frauds. References were made to the experiences in the country during the former Regional and Local

Authority Police to abuse—a development which led to occasional breakdown of law and order.

The fall of the first Republic was partly blamed on the ignoble use of the Regional and local police. It was therefore, feared that it was too soon in the life of Nigeria’s nascent democracy for the idea of State Police to be entertained. For this school of thought, it was argued that the need for state Commissioners of Police to occasionally clear operational instructions with the Inspector-General was intended to check abuses and ensure that the orders by Governors were actually lawful. What the Nigeria Police needed in order to function properly and serve Nigerians more effectively, was a restraining programme, proper funding and adequate and up-to-date equipment while steps should be taken to sanitize the institution and rid it of corruption and other vices.

The establishment of State police or local government police has now become inevitable. The ball is now in the court of our legislators to amend the constitution and establish state police or local government police.

The establishment of the Nigerian police was made possible through the 1963 Constitution, so also was the abrogation of regional police.

Chapter 7 Section 105 of the 1963 Constitution states that “ (1) There shall be a police force for Nigeria, which shall be styled the Nigeria Police Force. (2) Subject to the provisions of this Constitution, the Nigeria Police Force shall be organized and administered in accordance with such provision as may be made in that behalf by Parliament. (3) Subject to the provisions of this Constitution, the members of the Nigeria Police Force shall have such powers and duties as may be conferred upon them by any law in force in Nigeria. (4) Subject to the provisions of this section, no police forces other than the Nigeria

Police shall be established for Nigeria or any part thereof. (5)

Parliament may make provision for police forces forming part of the

armed forces of the Federation or for the protection of harbours,

waterways, railways and airfields. (6) Parliament may make provision

for the maintenance by any local authority within the Federal

territory of a police for employment within the Federal territory. (7)

Nothing in this section shall prevent the legislature of a Region from

making provision for the maintenance by any native authority or local

government authority established for a province or any part of a

provision of a police force for employment within that province.

In this subsection “province” means any area that was a province on

the thirtieth day of September, 1954.

Section 109 states that (1) There shall be a Police Service Commission

for the Federation, which shall consist of a chairman and not less

than two nor more than four other members. (2) The members of the

Police Service Commission of the Federation shall be appointed by the

President, acting in accordance with the advice of the Prime Minister.

(3) A person shall not be qualified to hold office as a member of the

Police Service Commission of the Federation, if he is a member of

either House of Parliament, a member of a legislative house of a

Region, a Minister of the Government of the Federation, a Minister of

the Government of a Region or a member of the public service of te

Federation or the public service of a Region:

Provided that a judge of the High Court of a territory may be

appointed as a member of the Commission.

(4)Subject to the provisions of this section, a member of the Police

Service Commission of the Federation shall vacate his office— (a) at

the expiration of five years from the date of his appointment; or (b)

if any circumstances arise that, if he were not a member of the

Commission, would cause him to be disqualified for appointment as such

a member. (5) A member of the Police Service Commission of the

Federation may be removed from office by the President acting in

accordance with the advice of the Prime Minister, for inability to

discharge the functions of his office (whether arising from infirmity

of mind or body or any other cause) or for misbehavior. (6) A member

of the Police Service Commission of the Federation shall not be

removed from office except in accordance with the provisions of this

section.

Section 110—(1) Power to appoint persons to hold or act in offices

in the Nigeria Police Force (including power to make appointments on

promotion and transfer and to confirm appointments) and to dismiss and

to exercise disciplinary control over person holding or acting in such

offices shall vest in the Police Service Commission of the Federation:

Provided that the Commission may, with the approval of the Prime

Minister and subject to such conditions as it may think fit, delegate

any of its powers under this section to any of its members or to the

Inspector General of the Nigeria Police or any other member of the

Nigeria Police Force. (2) Before making any appointment to the office

of Inspector-General of the Nigeria Police or removing the

Inspector-General from office the Police Service Commission of the

Federation shall consult the Prime Minister, and before making any

appointment to the office of Commissioner of Police of a Region or

removing the Commissioner from office the Commission shall consult the

Premier of the Region.

On assuming power on January 15, 1966, General Johnson Thomas

Umunnakwe Aguiyi-Ironsi (3 March 1924- 29 July 1966) from Umuahia,

promulgated Decree 7 of 1966. It was the decree that absorbed all the

Regional and local government Police into the Nigeria Police Force.

The decree is called The Special Constables Decree.

The purpose of the decree is to modernize the law relating to the

Nigeria Special Constabulary by repealing the Special Constables Act

1959 and replacing it with a Decree under which the Special

Constabulary will form part of the Nigeria Police.

The decree has eleven sections. Section one—deals with the creation of

the Nigeria- Special Constabulary as part of the Nigeria Police Force

and what constitutes the special constabulary. Section two—deals with

appointments of special constables in normal circumstances. Section

three—deals with resignation, suspension and dismissal of special

constables. Section four— deals with appointment of emergency

special constables. Section five— deals with provisions

supplementary to section four. Section six— deals with equipment.

Section seven—deals with instruction of special constable. Section

eight—deals with allowance, pay, pension and gratutity. Section

nine—deals with interpretation. Section Ten—deals with repeal of

Special Constables Act 1959 and revocation of Government Notice No.

1598 (Approval of Maximum Personnel Establishment, Special Constables

Training and Allowance) Regulation 1960. Section Eleven—deals with

citation, extent and commencement to the Decree which shall come into

force on such date as the Executive Council may be order published in

the Gazette appoint.

In addition, General Ironsi promulgated Decree No. 3 of 1966. The

decree deals with the detention of certain specified persons in the

interest of security of Nigeria for a period nor exceeding six months

in such place or places as the Head of the National Military

Government may from time to time direct. Persons so detained are

entitled to make representations in writing to the National Military

Government which may if it thinks fit constitute a tribunal for that

purpose under conditions laid down in the decree. The decree suspends

chapter III of the Constitution.

On Friday January 28, General Ironsi addressed the nation during which

he declared that “I have abolished the offices of Agents-General in

London”.

When General Yakubu Dan-Yumma “Jack” Gowon GCFR (89) assumed power in

August 1966, he maintained the status quo of the Nigeria Police as the

sole authority in charge of our security. However, in September 1966,

he inaugurated an ad hoc constitutional committee to determine

Nigeria’s future. The Nigeria Police Force was one of the key issues

discussed at the conference.

The Western and Lagos delegation was led by Chief Obafemi Awolowo GCFR

who earlier in September was named the Leader of the Yorubas in Ibadan

by the LEADERS OF THOUGHT including the traditional rulers and

prominent Yoruba elders at an event presided over by Colonel Robert

Adeyinka Adebayo, the then Governor of Western Region. It was the

first and last time any Yoruba Leader was declared leader of the

Yorubas

Other Western delegates at the ad hoc Constitutional Conference were

Alhaji Lateef Kayode Jakande, Alhaji Femi Okunnu, Professors Hezekiah

Oluwasanmi, Ayo Ogunseye, Sam Aluko and Akin Mabogunje. The Northern

delegation was led by Sir Kashim Ibrahim. Other members from the north

were Alhaji Inua Wada, Sir Aminu Kano, Chief Joseph Sarwuan Tarka,

Alhaji Abdul Razak and Chief Josiah Sunday Olawoyin. The Eastern

delegation was led by Professor Eni Njoku. Other members from the East

include Chief C.C. Mojekwu, Chief E. Eyo and Chief Matthew Mbu. The

Midwest delegation was led by Chief Eromosele Anthony Enahoro. Other

members of the delegation were Chief Edwin Clark, Chief J.I.G. Onyia

and Dr. Mudiaga Odje. The Midwest delegation was assisted by Chief

T.E.A. Salubi, Dr. Christopher Okojie and Dr. D.P. Lawani.

Chief Edwin Clark will be 97 on May 25.

On the issue of the police, the following was agreed at the conference.

There shall be a Nigeria Police Force which shall be organized in

Regional units composed entirely in each Region of personnel

indigenous to that Region (2) The operational control of the units in

each Region shall be the responsibility of the Regional Commissioner

of Police.

N.B. There were some disagreements on the right of the Regional

Government to give directions to the Regional Commissioner as follows:

‘Directions with respect to the maintaining and securing of safety and

public order within the Region or any part thereof may be given to the

Regional Commissioner of Police by the Head of the Regional Government

and the Regional Commissioner shall comply with those directions or

cause them to be complied with; provided that before carrying out any

such directions which may involve the use of arms the Commissioner may

request that the matter should be referred to the Police Council for

their direction’.

The East proposed that the words ‘Police Council’ should be replaced

by the words ‘Regional Security Committee’ in order to bring it into

line with the corresponding arrangements in the case of the Army.

The Mid-West reserved its position on the clause ‘which may involve

the use of arms’.  (3) Training facilities, depots and stores shall be

organized on a Regional basis. Recruitment shall be the responsibility

of the Regional Commissioner of Police acting in accordance with

policy laid down by the Regional Government. (4) At the national level

there shall be a Police Council which shall be responsible for — (a)

Laying down general policy which should include the strength of police

personnel in each Region, types and quantities of equipment, weapons,

minimum standards of recruitment, promotion, discipline, etc. (b)

overall operation control of the Regional units in the event of the

Regional Governments requesting the Council for Police assistance to

cope with any actual or threatened security situation within the

Region beyond or likely to be beyond the capability of the Regional

unit; provided that a Regional Commissioner with the consent of the

Head of the Regional Government may request the Commissioner of

another Region for police assistance in an urgent situation and that

such a request shall not be granted or refused except with the

approval of the Head of Regional Government concerned.’

N.B. There was slight disagreement on the composition of the Police

Council. There was general agreement that it should include: the Head

of the Federal Government; Heads of the Regional Governments; the

Inspector-General of Police; Regional Commissioners; the Minister

responsible for police matters.

The North proposed in addition the Chairman of the Public Service Commission.

There was also disagreement on the terms of the office

Inspector-General of Police. ‘The East and West propose that the

Office of the Inspector-General of Police shall be held in rotation by

the Regional Commissioners of Police for fixed periods not exceeding

twelve months. The North and Lagos propose a period of three years and

the Mid-West proposes that this should be held on permanent basis.’

(5) The Police Council shall be served by a Secretariat under the

Inspector-General of Police. The personnel in the Secretariat shall be

drawn from the Regions in equal numbers. (6) Five years after the new

Constitution has come into effect, all local authority police forces

shall cease to exist, and in the meantime there shall be a progressive

reduction in those local authority forces.’

EAST: (i) Original proposal. ‘The police shall be regionalized.’ (ii)

Revised proposal. As in progress report.

N.B. (a) the office of Inspector-General of Police to rotate among the

Regions at least once a year (b) the Regional Commissioner of Police

to comply with all directions given by the Regional Government. (c) no

mention made of any Minister responsible for police matters, i.e. at

the centre (d) police to be financed by the Regions.

MID-WEST: (i) Original proposal. Federal responsibility.

(ii) Revised proposal. As in Progress Report, but more precise

formulation of the reservations concerning the power of a Regional

Government to give binding directions to the Regional Commissioner of

Police; this acceptable only ‘if it is agreed in what circumstances

the Premier may give such directions or what directions a Premier may

lawfully give’. Additional stipulation that the Police Council have

overall operational control for the purpose of S. 70, 71 and 86 of the

1963 Constitution.

N.B. Post of Inspector-General of Police to be a permanent appointment.

NORTH: (i) Original proposal. Each State to have its own Police. (ii)

Revised proposal. As in Progress Report.

N.B. (a) Chairman of the Public Service Commission to be included on

the Police Council.  (b) Inspector-General of Police to be appointed

for a period of three years.

WEST: (i) Original proposal. Each State to establish and control its

own Police. (ii) Revised proposal. As in Progress Report excerpt: (a)

a Regional Commissioner disagreeing with any direction given him by

the Head of the Regional Government could request that the matter be

referred to the Regional Security Committee for its direction. (b)

Police Council to be able, when necessary, to call for expert advice

from the Ministry of Establishments (c) Office of the

Inspector-General of Police held by the Regional Commissioners of

Police rotating annually.

The Nigeria Police Force maintained its statutory role until General

Murtala Mohammed GCFR came to power on July 27 1975. He then set up a

Constitutional drafting Committee. The subcommittee on Public Services

including the Armed Forces and the Police headed by Dr Obi Wali made

the following recommendations.

(1) “There shall be a police force for Nigeria, which shall be styled

the Nigeria Police Force. (Recommendation 1). (2) Subject to the

provisions of this Constitution, the Nigeria Police Force shall be

organized and administered in accordance with such provisions as may

be made in that behalf by the National Assembly. (Decisions on

Recommendation 2). (3) Subject to the provisions of this Constitution,

the members of the Nigeria Police Force shall have such powers and

duties as may be conferred upon them by any law in force in Nigeria.

(Recommendation 3). (4) No police force other than the Nigeria Police

Force shall be established for Nigeria or any part thereof.

Recommendation 4).

(5) The Legislature may make provision during emergencies for Police

Forces forming part of the armed forces of the Federation, or for

protection of harbours, waterways, railways and airfields. In this

paragraph, “emergencies” means periods of emergency under this

Constitution (Decision of Recommendation 5). (6) There shall be an

Inspector-General of the Nigeria Police and a Commissioner of Police

for each state of the Federation, whose offices shall be offices in

the Public Service of the Federation. (7) The Nigeria Police Force

shall be under the command of the Inspector-General of the Nigeria

Police. (Recommendation 7).

(8) The President or such other Minister of the Government of the

Federation as may be authorized in that behalf by the President may

give to the Inspector-General of the Nigeria Police such directions

with respect to the maintaining and securing of public safety and

public order as he may consider necessary and the Inspector-General

shall comply with those directions or cause them to be complied with.

(Recommendation 8).

(9) Subject to (8) above, the Commissioner of Police of a State shall

comply with the directions of the Governor of the State or such other

Commissioner of the Government of the State as may be authorized in

that behalf by the Governor with respect to the maintaining and

securing of public safety and public order within the State or cause

them to be complied with:

Provided that before carrying out any such directions the Commissioner

may request that the matter should be referred to the President or

such other Commission of the Government of the Federation as may be

authorized in that behalf by the President for his directions.

(Decision on Recommendation 9).

(11) There shall be a Nigeria Police Council, which shall consist of

(a) The President (b) State Governors (c) Inspector-General of Police

(d) The Attorney-General of the Federation.

The Chairman of the Police Service Commission of the Federation shall

attend the meetings of the Nigeria Police Council and, save for the

purpose of voting, may take part in the proceeding of the council.

(Decision on Recommendation 11).

(12) The policy, organization and administration of the Nigeria Police

Force and all other matters relating thereto (not being matters

relating to the use and operational control f the force of the

appointment, disciplinary control and dismissal of members of the

force) shall be under the general supervision of the Nigeria Police

Council. (Recommendation 12).

(13) The President shall cause the Nigeria Police Council to be kept

fully informed concerning the matters under its supervision and shall

cause the Council to be furnished with such information as the Council

may require with respect to any particular matter under its

supervision. (Recommendation 13). (14) The Nigeria Police Council may

take recommendations to the Government of the Federation with respect

to any matter under its supervision, and if in any case the Government

acts otherwise than in accordance with any such recommendations it

shall cause a statement containing that recommendation and its reasons

for acting otherwise than in accordance with that recommendations to

be laid before the National Assembly”.

The Constituent Assembly submitted its report on August 29, 1978 and

the Assembly was dissolved on September 20, 1978. The Supreme Military

Council headed by General Olusegun Obasanjo GCFR on September 21,

1978, promulgated Decree 25 as the 1979 Constitution for the country,

to take effect on October 1, 1979.

Unfortunately by the time the Constitution was released to the public

in 1979, the recommendations of Dr Obi Wali’s subcommittee as it

relates to state governors being members of the Nigeria Police

Council, was deleted. Issues like the National Youth Service Corps

Decree 1973, the Public Complaints Decree 1975, the Nigerian Security

Organisation Decree 1976 and the Land Use Decree 1978 which were never

adopted at the Constituent Assembly were all included in the 1979

Constitution.

Till today we do not really know whom to blame, either the Supreme

Military Council or the Constituent Assembly headed by Justice Udo

Udoma or the three legal drafting team of the Constituent

Assembly—Justice Omoloulu Thomas, Justice Bashir Wali or Justice G.C.

Okeke.

The 1999 Constitution is like the 1979 Constitution as it stands now

in terms of the Nigeria Police Force. If they can, the Legislators

should amend the Constitution and allow the creation of State Police

and the Local government Police. It will be in the interest of

everyone.

That is not to say that the creation of State Police or the Local

Government Police will end the security challenges in the country. No.

It will simply reduce it.