Reps Halt Mines Rangers Bill Over Fears Of Police Duties Overlap

The House of Representatives has stepped down a bill seeking to establish the Nigeria Mines Ranger Service over concerns that some of its proposed powers could conflict with the constitutional responsibilities of the Nigeria Police Force.

Deputy Speaker of the House, Benjamin Okezie Kalu, raised the concerns during the Committee of the Whole while lawmakers considered the Nigeria Mines Ranger Service Establishment Bill (SB.253), sponsored by the House Leader, Julius Ihonvbere.

The proposed legislation seeks to establish a dedicated service to prevent and combat illegal mining, artisanal mining and other related crimes.

The disagreement centred on Clause 23 of the bill, which provides for the power of the proposed service to obtain information and access records belonging to individuals and authorities for the purpose of carrying out its responsibilities.

Kalu questioned the extent of the investigative powers being proposed for the Mines Rangers, arguing that the provision could empower them to perform functions constitutionally assigned to the police.

He said he had expected the Rangers to arrest suspected illegal miners and hand them over to the police for investigation rather than exercise independent investigative powers.

“These rangers, are they going to be performing the work of the Police? I was thinking they will arrest and hand over to the Police for investigation. That is not what I am seeing in Clause 23. I am worried about Clause 23, Power to obtain information,” he said.

Reading the contentious provision, the Deputy Speaker noted that it would grant the Commander-General or any authorised officer of the proposed service access to records held by any person or authority affected by the legislation for the purpose of discharging their duties.

He argued that such access amounted to investigative authority, which he maintained should ordinarily rest with the Nigeria Police Force.

“That is investigation. It is police that will have the right to go into the record of individuals. Are you telling me that a mining ranger can, when they are invited against you or your properties or your premises, they have access to your private information? I thought it is the Police that is given the right to do that?” Kalu queried.

Responding, Ihonvbere acknowledged that the provision could be amended where necessary but defended the need for preliminary investigative powers to enable the Rangers to distinguish between suspected offenders and innocent persons before handing cases over to the police.

He argued that without such preliminary inquiries, the proposed service might be unable to provide the police with adequate information for prosecution.

“Well, they are subject to some amendment if necessary, but if they do not carry out preliminary investigation of those they accost in illegal mining, they cannot brief the Police adequately for prosecution in the law court. So, they are not taking over the role of the Police,” the House Leader said.

However, Kalu maintained that the legislation must clearly define the relationship between the proposed service and the police to prevent overlapping responsibilities and institutional conflicts.

He insisted that the Rangers should operate under the investigative authority of the police, adding that any arrest based on reasonable suspicion should trigger the involvement of the Nigeria Police Force in line with the Police Act.

“The Chair is worried about Clause 23 so that there will be no conflict with regards to the mandate of the Nigeria Police and the Ranger. In the order of hierarchy, the ranger should be under the police in terms of investigation.

“So, they are carrying out the duty of the Nigeria Police which the Constitution and the Police Act, in this case, have given to the Police. There will be a conflict,” he said.

Ihonvbere further defended the provision, citing recent incidents in which individuals who were allegedly not involved in illegal mining had been arrested.

He said the clause was intended to give the Rangers an opportunity to establish the circumstances surrounding suspected illegal mining activities and separate alleged offenders from innocent persons before the regular police process commenced.

“In the recent incident, there were persons who were arrested who were not even engaged in illegal mining. I think that clause simply tries to give the rangers the opportunity to separate the criminals from innocent persons and then proceed with the proper regular process under the Police,” he said.

But the Deputy Speaker remained unconvinced, reiterating that the proposed service must not be allowed to exercise powers that could undermine the constitutional mandate of the police.

He said any arrest arising from reasonable suspicion should automatically activate the responsibilities of the Nigeria Police Force as provided under the Police Act.

“I believe that when there is a reasonable suspicion and an arrest is conducted, those arrests should be the activation of the mandate of the Nigeria Police as allowed by the Police Act. Anything contrary to that will be usurping the office of the Nigeria Police.

“I have a problem with that so that we don’t end up creating something that will work against the grund norm of our country which has recognised, in this case, the Police,” Kalu added.

Following the disagreement over the scope of Clause 23 and the need for further clarification of the proposed service’s powers, the House resolved to step down the bill for additional legislative engagements.

Announcing the decision, Kalu expressed dissatisfaction with the drafting of the contentious provision, particularly its implications for the investigative responsibilities of the police.

“We will step this bill down for further legislative engagements. Bill stepped down by the leave of the House. I am not impressed by the drafting of the bill because Clause 23 doesn’t make so much sense to me,” he ruled.

The bill was consequently stepped down to allow lawmakers to undertake further engagements on its provisions and address concerns over the proposed Rangers’ investigative powers and their relationship with the Nigeria Police Force.