Bombshell Amid Insecurity: Bill Denies Gov’s Sweeping Powers Over State Police

State Police appears to be on the way to becoming a reality after President Bola Tinubu and state governors agreed to work on the modalities to establish it.

But the clearest indication yet that the quest may translate into reality is a ‘Bill for an Act to Alter the Provisions of the Constitution of the Federal Republic of Nigeria to Provide for the Establishment of State Police, and Related Matters’ currently in the works in the House of Representatives.

Meanwhile, the Bill is stoking controversy even as insecurity across the country continues to worsen.

No fewer than 500 people including schoolchildren were abducted in Borno, Kaduna and Sokoto states over the past three weeks but some of them have been freed and reunited with their families.

Only last week, Governor Dauda Lawal of Zamfara State lamented that his state was under siege and solicited President Bola Tinubu’s assistance.

Lawal spoke during a visit to the Presidential Villa in Abuja.

Whereas the Bill gives sweeping powers to the President to direct the Inspector General of the Federal Police in enforcing security, in what amounts to a bombshell, governors won’t have such sweeping powers over State Police if the Bill passes the Senate hurdle and becomes law after the President’s assent.

The Bill provides that the Commissioner of Police of a state, notwithstanding that he is the appointee of the state governor, may refuse to carry out the governor’s order if he deems the order to be unlawful.

In such circumstances, however, the Bill provides for intervention by the State Police Service Commission whose position shall be final.

The decision of the President and governors in favour of State Police was in response to the increasing wave of insecurity in Nigeria occasioned by the activities of kidnappers, bandits and terrorists.

Promoters of State Police believe that putting the police under governors’ control in their respective states would give them the leeway to stem insecurity.

Anarchy

But critics say that may be the road to anarchy as partisan governors could turn the police under their control into a political machine and use them against their opponents.

There is, however, a counter position: A partisan President too under the current dispensation can politically deploy the police and use them against his opponents; so if that is the case, analysts argue, there is nothing wrong in having State Police so long as insecurity is gone.

Under the 1999 Constitution (as Amended), the police are on the Exclusive List, that is, only under the control of the Federal Government.

Analysts say the central control of the police from Abuja impinges security in so far as the Commissioner of Police takes directives from the Inspector General of Police (IGP) in Abuja and not the Governor of his state.

In essence, they want the police in the Concurrent List.

Discussion

Information Minister and National Orientation, Mohammed Idris, who disclosed Tinubu and the governors’ favourable disposition to State Police after their meeting in Abuja, late last month, said they considered “the possibility of setting up State Police.”

“Now, there is also a discussion around the issue of State Police. The federal and state governments are mulling the possibility of setting up State Police,” Idris said.

According to him, attendees at the meeting agreed on the need for State Police but more discussions are still needed on how to implement it”.

The ‘Bill for an Act to Alter the Provisions of the Constitution of the Federal Republic of Nigeria to Provide for the Establishment of State Police, and for Related Matters’ recently passed second reading in the House of Representatives.

The Bill, sponsored by Hon. Benjamin Okezie Kalu and first introduced in the House on November 7, 2023, is co-sponsored by 13 other lawmakers spread across the nation’s six geo-political zones.

The co-sponsors are Hon. Julius Ihonvbere, Hon. Onanuga A. Oriyomi, Hon. Joseph Bassey, Hon. Ibe Olwara-Osonwa, Hon. Thaddeus Attah, Hon. Joshua Audu Gan, Hon. Hassan B. Shinlmfi, Hon. Chinwe Clara Nnabuife, Hon. Obed Paul Shehu, Hon. Fatima Taiba, Hon. Tolani Shagaya, Hon. Abubakar H. Nalaraba and Hon. Blessing Onuh.

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Clause 13

Clause 13 of the Bill provides that Section 215 of the 1999 Constitution as amended be altered to give the President the power to appoint the Inspector General of the Federal Police on the advice of the National Police Council from among serving members of the Federal Police, subject to confirmation by the Senate, while State Police shall be headed by a Commissioner of Police who shall be appointed by the Governor of the State on the advice of the Federal Police Service Commission from among serving members of the State Police subject to confirmation by the State House of Assembly.

But while giving sweeping powers to the President to direct the Inspector General of the Federal Police without question, it provides that where the Commissioner of Police of a state has reason to question the legality of any directive by his governor, the State Police Service Commission shall intervene and its position shall be final.

Clause 13 of the Bill reads: “Section 215 of the Principal Act (1999 Constitution as Amended) is amended by deleting the existing provisions and inserting the following instead thereof as the new:

“Appointment of Inspector-General of Police and the Commissioner of Police of a State:

“215. (1) The Federal Police shall be headed by an Inspector-General of Police who shall be appointed by the President on the advice of the National Police Council from among serving members of the Federal Police, subject to confirmation by the Senate.

“(2) The Federal Police shall be under the command of the Inspector General of Police, including contingents of the Federal Police stationed in a State.

“(3) The President or such other Minister of the Government of the Federation as he may authorise on that behalf may give to the Inspector-General of Po1ice such lawful directions concerning the maintenance and securing of public safety and public order as he may consider necessary, and the Inspector-General of Police shall comply with those directions or cause them to be complied with.

“(4) A State Police shall be headed by a Commissioner of Police who shall be appointed by the Governor of the State on the advice of the Federal Police Service Commission from among serving members of the State Police subject to confirmation by the State House of Assembly.

“(5) The Governor or such other Commissioner of the Government of the State, as he may authorise on that behalf, may give to the Commissioner of Police such lawful directions concerning the maintenance and securing of public safety and order as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with Provided that where the Commissioner of Police feels that the direction given under this subsection is unlawful or contradicts general policing standards or practice, he may request that the matter be referred to the State Police Service Commission for review and decision of the State Police Service Commission shall be final”.

Clause 12: Creation

The major highlight of the Bill in Clause 12 is the amendment of Section 214 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended) to create a State Police and give it roles separate from the Federal Police.

The Clause reads: “Section 214 of the Principal Act (Constitution) is amended by deleting the existing provisions and inserting the following instead thereof as the new: Section 214 – ‘Establishment of Federal and State Police’.

“214. (I) The following bodies are established:­

(a) The Federal Police; and

(b) State Police.

(2) The National Assembly shall by an Act prescribe for the structure, organisation, administration, and powers of the Federal Police and provide the framework and guidelines for the establishment of State Police.

(3) The Federal Police shall –

(a) Be responsible for the maintenance of public security, preservation of public order and security of persons and property throughout the Federation to the extent provided for under this Constitution or by an Act of the National Assembly; and

(b) Be responsible for the maintenance of public security, preservation of public order and security of persons and property within a State to the extent that the State has power to make laws under this Constitution.

(4) Subject to the provisions of this Constitution, the Federal Police shall not interface with the operations of any State Police of the internal security affairs of a State except-

(a) To contain serious threats to public order where it is shown that there is a complete breakdown of law and order within a State and the State Police is unable to contain the threat;

(b) Where the Governor of a State requests the intervention of the Federal Police to prevent or contain a breakdown of law and order in the State; and

(c) Where a State Police is unable to function owing to administrative, financial or other problems which render it inoperative at a given time: Provided that any intervention under this subsection shall only be made after approval by two-thirds majority of the Senate”.

Removal from office

Clause 14 of the Bill also proposes the amendment of Section 216 of the Constitution to outline the process through which the Inspector-General of the Federal Police and the Commissioner of State Police can be removed from office.

It says: “Section 216 of the Principal Act is amended by –

(a) Deleting the existing provisions and inserting the following instead thereof as the new Section 216 –

‘Removal of Inspector-General of Police and the Commissioner of Police of a State”

“216 (1) An Inspector-General of Police shall only be removed by the President upon the recommendation of the National Police Council praying that he be so removed on any of the following grounds –

(a) Misconduct in the discharge of his official duties;

(b) Breach of Police Act, Regulation, Code and Code of Conduct;

(c) Conviction of any offence involving fraud or dishonesty by a court of law or tribunal;

(d) Bankruptcy; or

(e) Mental incapacity.

(2) The removal under Subsection (1) of this Section shall be subject to approval by a resolution of a two third majority of the Senate.

(3) A Commissioner of Police of a State shall only be removed by the Governor upon the recommendation of the Federal Police Service Commission praying that he be so removed on any of the following grounds-

(a) Misconduct in the performance of his official duties;

(b) Breach of policing standards, law, Regulation, Code and Code of Conduct;

(c) Conviction of any offence involving fraud or dishonesty by a court of law or tribunal;

(d) Bankruptcy; or

(e) Mental incapacity.

(4) The removal under Subsection (3) of this Section shall be subject to approval by two-thirds majority of the House of Assembly of the State.”

Challenged police

In his introductory remarks to the Bill, the sponsor, Hon Kalu, had said: “In recent times, our collective security has been greatly challenged.

“Nigeria, a federation of 36 States and the Federal Capital Territory, with 774 LGAs, over 250 ethnic nationalities, more than 200 million citizens and a vast terrain spanning over 920,000 square kilometres, still sadly operates a single, centralised police system that employs less than 400,000 police officers and men.

“There is no gainsaying that the nation’s security architecture is under immense pressure and always overwhelmed.

“We must acknowledge the fact that the fabric of any democracy is woven with the threads of constant adaptation to the evolving needs of its society.

“At this point in our nationhood, State Policing is not only inevitable but urgently desired to tackle the mounting challenges of insecurity.

“This Bill emerges as a necessary response to several calls for a decentralized and community-oriented approach to law enforcement.

“It seeks to navigate the complex landscape of security challenges by empowering our states with the means to address issues unique to their localities.

“This proposed alteration represents not just a legal adjustment to our ground norm, but a visionary leap towards a safer, more secure, and harmonious Nigeria.

Key provisions

“The Bill, which comprises 18 clauses, seeks to alter Sections 34, 35, 39, 42, 84, 89 and 129 of the Constitution of the Federal Republic of Nigeria 1999 (As Altered).

“It also seeks to alter Sections 153, 197, 214, 215 and 216 of the Constitution. Furthermore, the Bill seeks to alter Chapter VI Part III, Second Schedule, Part II of the Third Schedule and Part Ill o f the Third Schedule of the Constitution as well.

“Among others, some of the key innovations of this proposed alteration include –

(a) The transfer of ‘Police’ from the ‘Exclusive Legislative List’ to the ‘Concurrent Legislative List”, a move that effectively empowers States to have State controlled policing;

(b) The introduction of a comprehensive framework to ensure cohesion as well as accountability and uniform standards between the Federal Police and State Police;

(c) The provision of prescribed rigorous safeguards preventing unwarranted interference by the Federal Police in State Police affairs, emphasising collaboration and intervention only under well-defined circumstances;

(d) The establishment of State Police Service Commissions as distinct from the Federal Police Service Commission with clearly defined roles and jurisdictions;

(e) A re-calibration of the National Police Council to include the Chairmen of the State Police Service Commissions, emphasising the collaborative and consultative nature of policing in our federal system;

(f) A recognition of the possible financial challenges which may be faced by States Police, by empowering the Federal Government to provide grants or aids subject to the approval of the National Assembly, thus ensuring adequate resources for effective policing, etc”.

QUOTE: Provided that where the Commissioner of Police feels that the direction given under this subsection is unlawful or contradicts general policing standards or practice, he may request that the matter be referred to the State Police Service Commission for review and decision of the State Police Service Commission shall be final.