Bill To Allow Creation Of State Police Passes Second Reading

Bill To Allow Creation Of State Police Passes Second Reading

The bill especially proposes an amendment to Section 197(1) by inserting new Paragraphs ‘e’ and ‘f’ to provide for ‘State Police Council’ and ‘State Police Service Commission,’ respectively.

In this photo released by the House of Representatives, some lawmakers are seated during one of the plenaries in the lower chamber of the National Assembly in Abuja.

The House of Representatives has passed for second reading, a bill seeking to amend the 1999 Constitution to allow creation of state police and legalise regional security outfits. The current police system will be decentralised by moving police from the Exclusive Legislative List to the Concurrent List.

A bill to alter the constitution to allow for the creation of state police and other state government security services has scaled second reading in the House of Representatives.

The Chairman of the House Committee on Judiciary, Onofiok Luke, who sponsored the bill, said in the explanatory note that the bill seeks to alter the Constitution “to provide for state police and other state government security services to enhance security and preservation of lives and properties in Nigeria”.

The bill seeks to move the legislation of policing from the house exclusive to the concurrent list.

See the full content of the Bill below…

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (FIFTH ALTERATION) BILL, 2020

Arrangement of Clauses

Clause:

1. Alteration of Cap. C23, LFN, 2004.

2. Alteration of section 197.

3. Alteration of the Second Schedule.

4. Alteration of the Third Schedule.

5. Citation.

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (FIFTH ALTERATION) BILL, 2020

A Bill

For

An Act to alter the Constitution of the Federal Republic of Nigeria, Cap. C23, Laws of the Federation of Nigeria, 2004 to provide for State Police and other state government security services to enhance security and preservation of lives and properties in Nigeria; and for related matters.

Sponsor: Hon. Onofiok Luke (Etinan/ Nsit Ibom/ Nsit Ubium Federal

Constituency)

ENACTED by the National Assembly of the Federal Republic of Nigeria─

1 The Constitution of the Federal Republic of Nigeria, Cap.C23, Laws of the Federation of Nigeria, 2004 (in this Bill referred to as “the Principal Act”) is altered as set out in this Bill.

Alteration of Cap. C23, LFN, 2004.

2 Section 197(1) of the Principal Act is altered by inserting after paragraph (d), new paragraphs “(e)” – “(f)” –

“(e) State Police Council; and

(f) State Police Service Commission.”

3. The Second Schedule to the Principal Act is altered–

(a) in Part I, by deleting item 45 from the Exclusive Legislative List; and

(b) in Part II, by inserting after item 30 on the Concurrent Legislative List, new items “31” – “32” –

“31. The National Assembly may make laws for the establishment of the Federal Police and other Federal government security services;

32. A House of Assembly may make laws for the establishment of State Police and other state government security services.”

4. The Third Schedule to the Principal Act is altered by inserting after paragraph (8), new paragraphs “9” – “12” – “E State Police Council

9. A State Police Council shall comprise the following members:

(a) the Governor, who shall be the Chairman;

(b) the Chairman of the State Police Service Commission; and

(c) State Commissioner of Police.

10. The functions of a State Police Council shall include –

(a) the organisation and administration of a State Police Force and all other matters relating thereto (not being matters relating to the use and operational control of the Force or the appointment, disciplinary control and dismissal of members of the Force);

(b) the general supervision of a State Police Force; and

(c) advising the Governor on the appointment of State Commissioner of Police.

F State Police Service Commission

11. A State Police Service Commission shall comprise the following members –

(a) a Chairman; and

(b) such number of other persons, not less than five but not more than seven, as may be prescribed by a Law made by the House of Assembly of a State.

12. The Commission shall have power to –

(a) appoint persons to offices (other than the office of the State Commissioner of Police) in the State Police Force; and

(b) dismiss and exercise disciplinary control over persons holding any office referred to in subparagraph (a).”5.This Bill may be cited as the Constitution of the Federal Republic of Nigeria (Fifth Alteration) Bill, 2020.

The bill especially proposes an amendment to Section 197(1) by inserting new Paragraphs ‘e’ and ‘f’ to provide for ‘State Police Council’ and ‘State Police Service Commission,’ respectively.

The Second Schedule to the Constitution will also be altered in Part I by deleting Item 45 from the Exclusive Legislative List; and in Part II by inserting after Item 30 on the Concurrent Legislative List, new Items 31 and 32.

The proposal reads, “(31) The National Assembly may make laws for the establishment of the federal police and other federal government security services;

“(32) A House of Assembly may make laws for the establishment of state police and other state government security services.”

The Third Schedule to the Constitution will also be altered by inserting new Paragraphs 9 to 12

The new paragraphs read, “(9) A State Police Council shall comprise the following members: (a) the governor, who shall be the chairman; (b) the chairman of the State Police Service Commission; and (c) State Commissioner of Police.

“(10) The functions of a State Police Council shall include (a) the organisation and administration of a State Police Force and all other matters relating thereto (not being matters relating to the use and operational control of the Force or the appointment, disciplinary control and dismissal of members of the Force); (b) the general supervision of a State Police Force; and (c) advising the governor on the appointment of State Commissioner of Police.”

Leading debate on the bill, Luke said, “Many years after independence, Nigeria has continually been beset with insecurity ranging from terrorism, kidnapping, armed robbery and domestic violence. Granted that there is no society without crime or manifestation of criminal behaviour, our inability to bring to the barest minimum crime is a scathing indictment on the current security architecture and structure in the country.

“The federal structuring of our security does not encourage community policing or localisation of policing. Recruitment and subsequent deployment of police officers in their local area is one of the major ways of curbing crime. Such officers understand the area, terrain, language, behaviour and attitude of the people he or she is policing.

“Nigeria, a country with over 201 million people, is grossly under policed with about 400, 000 police personnel. This number falls far short of the United Nation’s recommendation of ratio 1 per 400 citizens.

“The Constitution envisages Nigeria as a federal state. Granting allowance to state governments to establish police force and other security apparatuses will bring Nigeria into original constitutional contemplation of a federal state.”

The Deputy Minority Leader, Toby Okechukwu, stated that creation of state police is long overdue with the current security crises across the country.