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.
