Popular constitutional lawyers have thrown their weight behind the Police Service Commission (PSC) on its spat with the Police Academy in Wudil, Kano State, on the propriety, or otherwise of an advertorial for application for admission into the 12th regular course degree programme of the latter.
In separate interviews with journalists, two constitutional lawyers, Mike Ahamba (SAN), and Solomon Akuma (SAN) agreed with the PSC on its constitutional mandate of appointment, promotion, discipline, and dismissal of Police officers.
Both relied on the relevant sections of the Constitution of Nigeria 1999 (as amended), as well as the judgement of the Supreme Court on an earlier dispute between the commission and the police.
According to Ahamba, the need for government authorities and other relevant parties to respect decisions of the Supreme Court, having regard to their finalities and binding effects cannot be over emphasised.
He said, “The Supreme Court has spoken, and that is final. You know, in Nigeria, we always like to operate in breach. Now, civil service commission employs civil servants. Why should the Police Service Commission not select policemen? There is a difference between political offices, and the service offices.
“if you look at the civil service, you find that if a permanent secretary becomes the head of service while in service, and the person that appointed him moves out, he can reverse to the civil service position he was; it is there in the constitution.
“So, I don’t see why the Supreme Court would make a decision and individuals are fighting. Is training in the Police Academy taken to be recruitment of police? Yes, if it is, then the Police Service Commission has to come. They can then authorise the academy to assist them in doing it.
“But it cannot be done without the commission knowing. When you even sue policemen in court, sometimes if you don’t join the Police Service Commission, you will not be able to recover your damages. So, let us stop making much ado out of nothing. The Supreme Court has spoken, and everybody should follow. That is the path of discipline.”
On his part, Akuma, a former attorney general and commissioner for justice in Abia State, said the power of the police commission to “employ” as an executive body is clear and unambiguous.
He said, “If you look at the constitution, there was the quarrel between the Police Service Commission and the former inspector general of police. There was a time they allowed them to employ 10,000 policemen.
So, the IGP wanted to do that without going through the (Commission); it led to litigation…But, I know that the constitution gave the Police Service Commission power to employ, and that is what they (PSC) are relying on. So, anybody coming into the police…whoever is handling it, must do it with the consent of the Police Service Commission.”
