What sort of reforms do the police need in today’s Nigeria. Why are those reforms essential? How should it be done? Ogbonna Chukwumerije and Emmanuel Oluwaseun Olukanni point the way in this letter to the Minister of Police Affairs and the Acting Inspector General of Police
Introduction
The effect of insecurity and the overt highhandedness of security agencies on the citizens of a country and her economic development cannot be overemphasised. Apart from creating a hostile environment for business development, it creates uncertainty in the minds of prospective investors about investing in businesses operating within the country. This discourages domestic and foreign direct investments, reducing competitiveness between business organisations, and occasions a decline, or at best, static in the employment rate among the citizens which eventually leads to stunted economic growth.
Naturally, investing in policy reforms to tackle this issue should be of utmost concern to the government of any country. The International Peace Academy (IPA), in its policy report titled “Challenges in Police Reform: Promoting Effectiveness and Accountability”, interestingly said that: “Some development agencies and international financial institutions have recently overcome longstanding resistance to involvement with armed institutions and have supported… police-reform projects. Under the rubric of ‘security-sector reform’, these projects reflect interest in enhancing the environment for economic development, removing impediments to foreign investment, and reducing the costs of crime and violence…”
Nigeria as a country, is bedevilled with an avalanche of security issues. Since the emergence of democratic governance in 1999, the Federal Government has made little effort to improve human rights protection and secure the lives and properties of its citizens. Ranging from sectarian clashes, which continue to claim hundreds of lives within the country, to terrorism, electoral violence, and corruption among others, the government has demonstrated a lack of political will or interest in investigating the cause(s) of these incidences or better still, making necessary reforms, especially within the various security agencies to address the issue. Members of the security forces have on numerous occasions, been implicated in incidences of extrajudicial killings, torture of suspects, and widespread extortion and corruption without being investigated or held accountable.
The wide acceptability of the rule of law as a pivotal tool in aiding the growth of an economy is critical to every nation’s development. This is because, fundamentals, which are crucial to the development of any business, like owning land and property, transportation, and importing raw materials, among others will not be possible without proper enforcement of laws regulating these areas. Ignoring corrupt practices by top officials in security agencies, turning a blind eye to the collection of bribes, extortion and neglecting to address the overriding issue of insecurity within the country are contributory factors to the downward spiral currently being experienced by Nigeria’s economy.
In this article, we will be discussing the incidences of corruption within security agencies, police highhandedness and its impact on the country’s economic growth, and the lack of an enabling environment for successful functional reforms. We will also suggest workable reforms the Nigerian Government can immediately implement geared towards promoting economic development.
The Police and Economic Development: The Impact
It is evidential knowledge that security is essential in the economic development of any democratic country. A secure environment is conducive for investment, trade and innovation. What is more, it allows businesses to operate without fear of theft, violence, extortion by security forces, violation of fundamental rights and policies and disruption of business activities. Also, it promotes social cohesion and stability.
Of significant importance is the role of security agencies like The Police, in securing the environment for both local and foreign businesses to thrive. They work to prevent crime, protect people and their properties, uphold the rule of law and respond to emergencies when required. Gathering intelligence on threats to the sovereign integrity of the country, terrorist activities and suspicion of crime are all part of what security agencies in various countries do to make such countries fertile for foreign direct investment and create a breathing room for local businesses to operate without disruption.
One study conducted by the World Bank in 2016, found in its report, that countries with better-functioning police forces experience a reduction in crime and criminal activities, which inevitably creates a more secure environment for businesses to operate. Another study by the National Bureau of Economics Research, titled: “Police Force Size and Civilian Race”, reported that police reforms that reduce racial bias can lead to increased economic growth. The study found specifically, that its finding above was because racial bias in policing can discourage investment in minority communities, which can lead to lower economic growth.
Furthermore, there is proof that countries that tend to invest in security agencies and policy reforms in that respect usually witness more domestic investment because such reforms lead to ease of doing business within the country. Such countries also attract more foreign investors than their counterparts.
Policing Reality in Nigeria: Economic Chokehold
The existence of a large functioning police force in a country should ordinarily connote that the cost of doing business will be reduced, and properly regulated.However, the case is reversed in Nigeria. It is common knowledge that the police in Nigeria significantly undermine the rule of law. Studies have shown that 36 per cent of police bribes are paid to circumvent and speed up usual procedures, 29 percent to avoid fines and 10 per cent for no specific purpose than to “cut corners” and avoid paying the expected taxes and dues that might have otherwise generated revenue for the government. For example, because of how easy it is to bribe securities agencies in Nigeria, investors and manufacturers sometimes find it easier to avoid paying taxes and tariffs on imports and exports which might have otherwise generated revenues for the government to invest in public infrastructure capable of boosting the Nigerian economy.
Similarly, there are various instances where even if these investors and business owners are willing to pay the necessary dues, the police officers will prefer bribes. It will be almost impossible for businesses to transport goods within the country, especially from the various ports across Nigeria without setting aside some amount of money for bribes at police checkpoints in addition to paying the necessary dues.
The agricultural sector is not left out of this conundrum. A large percentage of trucks/lorries transporting agricultural produce across the country are forced to pay bribes to transport the goods across state borders. Nigerian police officers are known for demanding unmerited compensation at every roadblock, checkpoints and intersections. In utmost absurdity, the rise in food prices currently being experienced within the country has been partly attributed to the Nigerian Police. Evidence abound of Police officers demanding levies for food produce transported by road by farmers and food importers. Logistic businesses that operate large and medium-scale food deliveries are not left out. Their drivers have reportedly complained of having to go along with large sums of money in bribes whenever they are transporting food products from large-scale farmers and ports to bribe police officers at checkpoints. It is the view of the authors that these acts of bribery not only affect the price of foodstuffs but will also negatively affect the logistics companies that will be forced to charge humongous amounts to transport agricultural products. This may lead to a loss or reduction in demand for services for the logistics companies.
The ongoing racket going on at Apapa and Tin Can Port in Lagos is such example of bribery and corruption among security agencies and government officers. A cankerworm which has eaten deep into the fabrics of morality among the Nigerian police officers. The process known as ‘fast track’ witnesses truck drivers parting with between N250,000 to 500,000 per delivery, depending on the value of the products being cleared and transported to avoid their trucks being delayed.
Drivers who are unable to pay might have to watch their produce, (especially where such products are perishable) get rotten and spoilt to the point that by the time they come to claim their trucks, there is usually little to nothing left of the imported food products.
Now the effect of the expose above is that retail sellers, restaurant owners, farmers and traders who deal in food products to compensate for the huge sum of money they pay in bribes will ordinarily pass on the cost to customers. This extortive practice fans the embers of the economic hardship currently permeating the country. Farmers who operate on a large scale which arguably contribute immensely to the country’s economy, are met daily with more reasons to look for a more conducive market for their products or to think twice about their profit margins and decide whether to continue with the business or fold it up and invest in some other ventures.
Little wonder why The Guardian (a Nigerian Daily Newspaper) in an article titled “Nigerian Police, Roadblocks and the Ease of Doing Business” by Senator Sam Ohuabunwa, published on March 12, 2018, stated that if there is one place, we as a country need urgent and revolutionary change, it is the Nigeria Police (Force or Service). This is because the Nigerian Police is fully symptomatic of what is troubling Nigeria and her economy. According to the write-up, our perennial low position on Transparency International’s global Corruption Perception Index (CPI) is strongly influenced by the pathetic picture of our Policemen extorting money from drivers in the full glare of the public. The good Senator also pondered how “…this practice of our Police on our roads improve our ease of doing business rating or global competitiveness?
What does this mean for Nigerian companies and investors who wish to do business in Nigeria? It means higher costs in time and money for companies carrying on businesses within the country, low or zero inflow of direct investment as the economy becomes less attractive to foreign investors, and an alarming rise in the price of commodities. Apart from corruption and bribes, a general lack of security in itself is a chokehold on the economy.
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Studies have found that the most important determinant in attracting foreign investment is “trade openness”. For a country that is not an open economy, it then makes sense that investment by foreign investors will be near impossible. Likewise, for middle-income countries like Nigeria, one most important contributor to economic growth is safety and security. Where such a country suffers from insecurities, then it becomes less attractive to investors, leading to a vast reduction in foreign exchange inflow, a massive blow to the country’s economy.
In addition, it has been the experience of the authors that more often than not, expatriate clients have complained about police officers coming up with scrupulous and scandalous petitions with the singular aim of extorting money from them. Expatriates who own and carry on major business enterprises within the country are invited by agencies on baseless petitions only to be asked to pay huge sums of money in bribes on getting to the office on threat of arrest or disruption of business operations. This, in our opinion, will only operate to discourage other expatriates who may otherwise be willing to carry on businesses in Nigeria from doing so.
The Tech Ecosystem: The “Young Money Syndrome”
The infamous act of the police officers in targeting young individuals in the tech industry, under the false claim and assumptions that they are involved in illegal activities as a result of their earnings or because they carry their laptops around have had a somewhat disproportionate effect on the tech ecosystem. This is not to deny the ever-present evidence of internet fraud orchestrated by a minuscule number of Nigerian youths both within and outside the country.
Control of borders and improved harbour and airport security are essential to control smuggling and protect commercial import and export activities. Harbours are often controlled by armed gangs who loot ships and warehouses. At airports, gangs have been known to stop planes as they taxi and empty their cargo holds. Appropriate equipment and the use of specially trained units could assist in dealing with these sorts of specific security threats to international and local economic activities.
5. Rigid and More Rigorous Procedure for Selection of Members of the Police Force
The procedure for qualification and admission into the Police Academy for members of the police force is somewhat lax and too flexible in Nigeria. There is a need to make this procedure more rigid so that whoever is going to be admitted into the Nigeria Police Academy would have gone through some rigorous scrutinization process and background checks before being admitted into the academy. It will also help if the curriculum at the academy is revised to include more humanitarian and functional courses that will equip graduates from the Nigerian Police Academy with the necessary skillset to be able to address the security challenges within the country.
6. Encouraging Interests in Local Politics by Foreign Investors and International Reformers
The most essential element for functional policy reform to be effective in promoting economic development is the need for investors and international reformers to learn how to play local politics. For such players to be successful within the country, they cannot refuse to be drawn into local events. According to Donais T. (2008), Police reforms are political reforms for they alter the existing distribution of authority, powers, benefits and rights. Policing reforms will always be resisted by some and supported by other local stakeholders. There will be perceived losers and winners. Reformers and implementers need to play hardball with those who oppose reforms and not let them become “spoilers.” Reformers need to find or create supportive stakeholders and promote them as much as possible.
Policing reforms will only become effective in promoting economic growth in a country like Nigeria if the minimal threshold conditions for social order are achieved. A community implementation of all the above suggestions is subsumed into these threshold conditions, and it is only after this threshold has been crossed, that policing reforms will become functional, sustainable and legitimate.
7. Implementation of State Police/Policing
In order to complete law enforcement and policing triangle, it is suggested that state police be implemented. States already have divisions of High Courts, Magistrate Courts, and Customary Courts. The State is in a ready position to establish state policing in order to address the high incidences of insecurity in various states across the country. The clamour for state police is made more prominent in the various news reports periodically published by Nigerian Newspapers, one of which is a recent publication by Guardian Newspaper in what can be described as an open letter to the president, titled “Mr President, We Need State Police”. Establishing State Police as part of the country’s security architecture will go a long way in ensuring prompt response to issues of insecurity especially cases of emergencies. What is more, states can raise revenues and make local policies to regulate Police operations within the states.
8. Amendment of the Nigeria Police Act 2020 to include Independent Investigating Bodies
Nigeria can take a page out of the United Kingdom’s (UK) policing policies by amending the Nigeria Police Act to include the establishment of an independent investigating body or ombudsman infused with the powers to investigate allegations against erring police officers. For example, the UK’s Policing and Crime Act 2017 and Police Reforms Act 2002, grant separate powers to the Independent Office for Police Conduct (IOPC), a non-departmental public body, which succeeded the erstwhile Independent Police Complaints Commission (IPCC), to oversee the police complaint’s system in England and Wales, investigate the most serious matters relating to police conduct, and improve police practices through shared learning.
Also, there are countries like Northern Ireland, among others who have established the Office of Police Ombudsman with the statutory duty of securing an efficient and effective independent complaint system, saddled with the responsibility of receiving and investigating complaints and allegations against conducts of police officers.
It is expedient that Nigeria amends her Police Act to include similar independent bodies to address issues of police highhandedness and conduct unworthy of the uniform, independent of the Nigeria Police Force as a body. The Nigerian Police Act 2020, only makes provisions in its Part XV, granting the Director General of Police the power to establish a Police Complaint Response Unit to be headed by an officer not below the rank of Chief Superintendent of Police. This, in essence implies that the receipt of complaint, investigation and recommendation as to disciplinary actions are all treated within the police force and supervised by police officers.
Establishing an independent body to investigate complaint’ and allegations against police officers will not only ensure that the investigations are carried out without prejudice, but will also replenish the already depleted trust and confidence in public policing, while ensuring that erring officers are adequately investigated and disciplined.
9. Discipline of erring officers
Increased disciplinary measures will also help in discouraging involvement in extortive practices. Disciplinary measures cannot be successfully implemented without focusing on eliminating external safe havens for large-scale corrupt gains. This will ensure that High-level politicians, the so-called big men and women and high-ranking police officials who are in the position to steal massive sums from public treasuries and take huge sums as bribes have no safe havens to spend their ill-gotten gains. Every bank account should be investigated upon such officials leaving office, and every property and asset should be audited.
Ogbonna Chukwumerije Esq., is a Team Lead at Pinheiro LP, his core areas of interest and practise are Intellectual Property Law, Technology Law and Environmental Law.
Emmanuel Oluwaseun Olukanni Esq , is an Associate at Pinheiro LP, his core area of interest and practice are Technology Law, International Trade and Investment Law, Litigation and ADR.