EVERYTHING YOU NEED TO KNOW ABOUT THE ESTABLISHMENT OF STATE POLICE IN NIGERIA: THE POWERS OF GOVERNORS, THE ROLE OF THE FEDERAL GOVERNMENT, AND THE SAFEGUARDS AGAINST ABUSE

 If there is one thing I should commend the administration of President Bola Ahmed Tinubu and the 10th National Assembly for, it should be the passage of the Bill for the establishment of State Policing.

So, it is no longer news that as of yesterday, the Senate passed the Bill into Act to alter the provisions of Sections 214, 215 and 216 of the Constitution to establish State Policing.

Most of you might have been asking:

What is in this amendment that has suddenly made it the talk of the town?

Well, that is exactly what I am here to explain briefly.

The first thing to note is that unlike before, where we had only one Nigeria Police Force, that will no longer be the case.

The Constitution has now been amended to provide for both the Federal Police and State Police respectively. (See Clause 12 of the Bill amending Section 214 of the Constitution.)

But the National Assembly did not stop there.

They understood that a State Police Commissioner would naturally be loyal to the authority that appoints him. 

For that reason, the amendment now gives State Governors the power to appoint Commissioners of Police, unlike before when only the Police Service Commission exercised such powers.

However, a Governor cannot simply wake up one morning and appoint a man in uniform as Commissioner of Police just because he likes his face or because he irons his uniform properly.

The amendment clearly states that Governors must first obtain recommendations from the National Police Council before making such appointments. 

Even after the appointment, it must still be ratified by a two-thirds majority of the State House of Assembly. (See Clause 17 of the amendment.)

The amendment also addresses another long-standing issue.

Unlike before, when Governors found it difficult to issue directives to Police Commissioners because they were not directly under them, Governors can now issue lawful directives to Commissioners of Police.

However, such directives must strictly relate to the maintenance of public safety and public order within the state. (See Clause 17(6) of the amendment.)

The National Assembly was also aware that giving Governors unchecked powers to direct Commissioners of Police could lead to abuse.

As a safeguard, the amendment provides that where a Commissioner of Police believes that a directive issued by a Governor is unlawful, he can refer the matter to the State Police Service Commission for review. (See Clause 13(5) of the amendment.)

But the National Assembly still did not stop there.

Knowing fully well that some Governors might be tempted to use State Police to witch-hunt political opponents, the amendment expressly bars a State Commissioner of Police from arresting, detaining, investigating, or using force against any person merely for criticizing the government, except in accordance with the law. (See Clause 17(7) of the amendment.)

The National Assembly also tried as much as possible to reserve significant powers for the Federal Government.

As a result, they inserted an interesting provision that allows the Federal Government to intervene in the affairs of a state under certain circumstances.

But before such intervention can happen, one of two conditions must exist:

First, there must be a complete breakdown of law and order within the state which the state is unable to handle.

Or,

The State Governor must have requested such intervention in order to prevent a breakdown of law and order.

Even then, the National Assembly still reserved powers for itself by providing that the Federal Government must seek the approval of the Senate within 48 hours before such intervention can proceed. (See Section 214(10) of the amended Constitution.)

Lastly, an Inspector General of Police or a Commissioner of Police can no longer be removed from office by a President or Governor simply because they woke up on the wrong side of the bed or because they do not like his face.

The amendment to Clause 14 of Section 216 of the Constitution now provides that there must be specific grounds for the removal of an IGP or a Commissioner of Police.

In the case of the Inspector General of Police, approval of the Senate must also be secured.

In the case of a Commissioner of Police, a two-thirds majority of the State House of Assembly must approve the removal.

Overall, the 10th National Assembly deserves commendation for the effort put into drafting this amendment.

However, as with every legislation and constitutional amendment, there are bound to be shortcomings and grey areas.

In my next episode of analysis, I will be outlining some of those shortcomings and discussing the areas that may still require further reforms.

I am Ekene Aninze Esq.