Section 214 of the Constitution which established the Nigeria Police Force (NPF). Sub-section 1 states: “There shall be a Police Force for Nigeria which shall be known as the Nigeria Police Force, and subject to the provisions of this section, no other Police Force shall be established for the Federation or any part thereof.” In accordance with this provision, Nigeria has operated a unified central police force since independence in 1960. However, with time, there has been increase in population, criminal activities, economic and political spheres of life, which calls for close policing of the citizens. In addition, new waves of crimes and criminal activities such as kidnapping, terrorism, armed banditory and sundry high-tech criminal activities have brought the need for policemen to be familiar with their areas of operations, culture, customs, among others. This has led to calls for the amendment of the Constitution to make provision for state police. This call has received different reactions from different parts of the country. While some believe state police is what Nigeria requires to tackle its security challenges, others argue that Nigeria is not yet “ripe” for it. Legal Editor, JOHN AUSTIN UNACHUKWU sought the views of university dons and lawyers on the issue.
Prof. Nnamdi Aduba of the
University of Jos, said: “Any
observant commentator would have long noticed that what we have at the moment is not Federal Police, especially in our situation where they are almost exclusively funded by the states. In recent times, Lagos, Niger, Rivers and Delta states have been leading in that respect. Although the Constitution states that there shall be a Nigerian Police Force controlled by the President, in reality the states’ involvement in its operation is there for all to see. The major problem against state-controlled police has always been the possibility of abuse by governors and the past experience in the then Western and Northern Regions. It is my considered opinion that instead of having a poorly-funded federal Police Force with doubted loyalty, it is better to have a fully-funded state police, accountable to the state governor. For now, what we have is a police that is unable to perform its primary role of security of property and life of citizens.
“The current situation that the military is assisting regularly is not healthy and the public has not been too enthusiastic and would rather they move back to their barracks. For effective policing, local knowledge is very essential and that can be ensured with state policing. The fears expressed can be minimised by professionalism. The greatest threat currently facing Nigeria is local terrorism and kidnapping. Culprits are not spirits. Trust which is essential in policing can be gotten from a kinsman in our tribally divided society. That is another advantage in having a State Police.
“The point must be made that a constitution can never be a perfect document. It is an organic document meant to endure for a long time. It responds to situations. Whilst the past should guide the future, it should not be a clog in the wheel of progress. Federal government, it must be admitted, is biting more than it can chew. In a balanced federation the most capable organ of government should assume the responsibility. In the case of Nigerian federalism, the Federal government for now is performing below average in certain areas vital to our existence. It will not be cowardice to seek for a relief. The image of a failed or failing state which is starring us in the face is as a result of the perceived and real impression of members of the society that nobody is safe in this country anymore.”
Prof. Cyril Ndifon of the University of Calabar said: “Why are we always concerned with issues of ownership and control rather than matters of good governance and service delivery? Sadly, to say that this issue is what drives our debates and influences our politics is to state the obvious. It is either someone is talking about control of resources exploited from his area or the funds which accrue to local governments or funds collected by a particular tier of government and put into a joint account. The stories are all the same and too predictable: control, share, share and share, but with nothing to show for it. Indeed, the present debate on the desirability or otherwise of state police fits into the same mould and I must confess that am sick and tired of it.
“The main problem with policing in Nigeria is that we have failed to realise that the driver of any good product and/or project is measured by the impact it makes on the consumer. If we see policing as a service which must be invariably measured in terms of the quality it can give to the end –consumer- the citizenry, then, our concern should be more on service delivery and less on control and ownership. Who among us would want replicated in our locality the police force ( with all its inefficiency, corruption and failures) we presently have in the country? I guess the answer is obvious.
“The urgent need of our time is simply to have a police force that is professional both in outlook and content. So, what we need is a reform that will be targeted at addressing structural, institutional and attitudinal challenges. Few of these pressure areas are those that relate to recruitment, nature and content of the curriculum and internal discipline. The training manual must be civilian -friendly and 21st century compliant, especially as regards the human rights content. For recruitment purposes there must be a deliberate policy to undertake an effective background checks.
“It is clear that there is a strong relation between the quality of candidates and the quality of police personnel, no doubt, a case of cabbage in and cabbage out. Let us realise that we cannot afford to play politics with our security and for those who point to the earlier 60s when regional policing was the norm as an example of good policing need also to be reminded that this period had its downsides. More importantly, some of us have failed to recognise that Nigerians, in particular the young ones, have moved away from that period where ethnic and tribal ties were the basis of doing business or engaging in any relationship (at least not with the high level of inter-ethnic marriages) . Now is the time we search for the true and authentic Nigerian. Politicians Beware!”
Dr. Samson S. Ameh (SAN) said: “We should maintain the Nigeria Police on the exclusive legislative list of the Constitution of the Federal Republic of Nigeria, 1999. The idea of having a state police is a good one but the time is not ripe for it yet. We should remember that Nigeria started as a British colony, indeed a creation by a foreign power and thereby any institution like the Nigeria Police which emphasizes our image as a nation, as one country should be encouraged for now.
“The argument in favour of State Police is understandable in the sense that with the knowledge of their environment, the State Police will be more efficient and effective in crime detection and investigation. But the disadvantages are more and especially State Police will be subject to abuse by local champions or overloads.
“The advantages of having State Police; that is, efficiency and effectiveness of crime detection and investigation as a result of local knowledge can equally be achieved administratively in the existing structure of the Nigeria Police. Indeed, there is a policy which I believe to be still in place that as much as possible officers of the rank of Inspector of Police and below should be posted to their local government of origin. By so doing, the advantages of local knowledge or knowledge of the environment will be assessed by such officers who are actually the field men/women in the Nigeria Police who perform the task of crime detection and investigation and not the superior officers.
“On a last note, I wish to appeal to Nigerians to appreciate the role of the Police in the society. Nigerians should cooperate with the Police in all aspects of their work instead of being skeptical and critical of the Police all the time. We must not stay aloof from the Police because after all police are part of the society.
“For now, the Police must remain national but for the future and when the time is ripe, State Police is the ideal.”
Nella Andem-Rabana (SAN) said: “I have no doubt in my mind that decentralisation of the Nigerian Police Force by empowering the states to conduct law enforcement activities statewide is the ultimate way forward. However, whether Nigeria is ready to take that step just yet is the question. My response is: I think not’.
“Unless Nigeria thinks through the necessary amendments/provisions to be made with regard to the following: (a) 2011 Constitution (as amended) (b) the Revenue Allocation Formula; and (c) infrastructure, and until it puts into effect those amendments for effective state policing it may not be expedient to whimsically dismantle the existing police structure.
“The fact that the Nigerian Police Force is under the command of the IGP, an appointee of the President of the Federal Republic, means that all Commissioners of police report directly to him and have limited powers/authority to make on-the-spot or far reaching decisions and in maintaining and securing public safety and order. This is a constitutional matter, which must be expressly addressed in order to discentralise the Police Force.
“Also of constitutional significance, are matters such as purchase of fire arms, ammunition, explosives, banking, financial crimes, fingerprinting, identification and criminal records, all of which are on the Exclusive Legislative list in the 2011 Constitution (as amended). These matters should be put on the concurrent list to give states necessary and relevant powers to enable them prevent, investigate and prosecute such crimes independent of Federal police. This would give the Federal police the opportunity to concentrate on Federal crimes which would have by then been clearly determined such as, Interstate, cross-border crimes and national security issues.
“I note also that the 2011 Constitution (as amended) provides that only the National Assembly has power to legislate on Police and criminal matters so the need for amendment to enable the State Houses of Assembly powers to set down modalities for establishing, administering and organizing a state police force is of critical importance.
“Whether the police force remains as it is or it is decentralised, adequate budgetary provision to meet their operational challenges is a sine qua non but if the states are to set up their Police commands the Revenue sharing Formula has to be revised to give the states more funding to cope with the additional cost of running an effective state police.
“Meanwhile, strengthening the police to cope with current insecurity in the country requires optimal professionalism. The need for up-to-date technological and scientific expertise, robust and comprehensive criminal justice training especially in areas like psychology, forensic investigation, report writing, handwriting analysis, voice analysis, interrogation, negotiation, fingerprinting analysis, study of bomb composition and disposal, Cybercrime, deep sea diving etc. has to form part of the ongoing training programme.
“Adequate funding to ensure more strategic infrastructural development such as functional air (helicopters) water (marine boats) and road transport(vehicles) adequate housing (barracks), academies, uniforms, communication gadgets and research laboratories and modern equipment are to be made accessible to all commands.
“The recruitment process for prospective police officers should be reviewed to benchmark entry into the Police Force at Post Ordinary level qualification and pre-commissioning training should be one year intensive training, which would cover report writing, basic investigative techniques, criminal justice skills, decorum/grooming and sociably acceptable conduct/attitude to the public as well as physical training.
“More transparency in the management of the Police Equipment Fund is imperative. These Funds should be used for capital projects such as the purchase of CCTV cameras in strategic locations and highways, provision of helicopters, marine boats, vehicles, and hi-tech equipment throughout the country.
“It is my belief that under effective governorship; each state Police Force would be able to independently protect its citizens without the unnecessary bureaucratic delays in decision-making, as is presently the case. With unfettered powers of arrest and apprehension they can effectively detect and prevent crime within the state and for offences, which they have no Jurisdiction to prosecute, they would transfer accordingly.”
Chief James Ogwu Onoja (SAN) said: “To have a State Police will definitely require the amendment of the Nigerian Constitution. That is the smallest of all the problems. I am against the creation of State Police. It is an invitation to anarchy and will surely complicate instead of solving the security problems of this country. Ours is a nation that creates excuses for failures. The creation of State Police is not the prescription for the discontent and inefficiency of our system of policing in Nigeria neither is it an alternative to a well-funded and highly trained police force that can fight crime and corruption head on. Those who are clamoring for State Police have failed to appreciate the history of this country regarding the atrocities of Councils and Emirates police under the colonial administration. Instead of castigating the police force as it is constituted, we need to fund, empower, retrain and give them job security to do their constitutional roles. The citizens of this country should stop running the police down, they should co-operate with police to fight crime, give useful information and expose criminals. Police do not bribe themselves. Corrupt Nigerians bribe the police.
“Whether we create State Police, Local Government Police, clannish or family Police, they will all police the same corrupt Nigerians, who will eventually claw their effectiveness through institutional corruption and serial neglect. We should be courageous to address the problem of the Nigerian Police; lets stop playing games with our security. Police cannot do magic, they cannot act above their intellectual and institutional capacities, we can only get back what we have invested in them. If you put little in the Police Force, don’t expect a big result. The government, particularly, the politicians are obliged to act as a matter of urgency to improve the capacity of the Nigeria Police or else very soon we would start asking for State Army, State Airforce and Navy. We are the problems, not the institutions. As bad people, we deserve our leadership and all the institutions, the Nigeria Police Force inclusive”.
For Chief John Ochoga:
“The Nigeria Police Force is
the creation of Section 214(1) of the 1999 Constitution as a sole police force for Nigeria. It is headed by the Inspector-General of Police with subordinate officers and commissioners of police in charge of the states.
“The habit of policing has always been an integral part of human existence since creation. The instinct for human to protect themselves and their acquisitions has always been there, however rudimentary. Since people live in group and communities, there was always the need to check the excesses and aggression of others. The breakdown of individual discipline that endanger the larger society led to various forms of social control ( informal policing), in which members of a community became responsible for their collective protection and security. Rules, norms or custom that guaranteed individual interest but protected the survival of the group as a whole, became formalised.
“Modern type policing began in London with the establishment of the Metropolitan Police by Sir Robert Peel in 1829, whereas the Nigerian police force started as a body to meet the British colonial needs. The Consular Guards was established in Lagos in 1861 and later by 1879 became the Hausa Constabulary, an armed force. Subsequently, there was the Northern Nigerian Polic (1886), Royal Niger Constabulary (1888), The Niger Coast Constabulary (1894) and The Southern Nigerian Police Force ( 1906). By 1906, three distinct police forces existed in Nigeria. And in 1930 there were amalgamated thus the present name of The Nigeria Police Force.
“It is, therefore, clear that our colonial history produced our current policing status. We can therefore not separate our political development from our police force.
Nigeria’s 1966 political experience of coups, counter-coups, civil war and military regimes have made our democracy “a learning process”, even at the age of 53 years.
“In northern nigeria, opposing politicians and their lawyers were detained at electoral/pooling unit to ensure nomination forms and documents were not filled against the ruling NPC (Northern people congress). Multi-party democracy was nothing but a big sham.
“The little success of the Independent National Electoral Commission (INEC) has all been wiped out by the electoral fraud machines called State Independent Electoral Commission (SIÈC) nationwide.
“Nigeria can not remain united and democratic unless democratic elections can be held and sustained. The primordial nature of Nigeria still makes State Police an idea whose time has not come. Our leaders are still emperors in pretentious democratic garbs. The degrees of abuse and their anti-democratic tendencies do not call for state police yet, until we stabilise our democratic culture. Most of the advocates for state police are local and regional power seekers or people who did to experience our first republic police abuses that influenced the military intervention”.
“On how to strengthen the existing Police structure to improve their efficiency and the safety and security of life and property of Nigerians, Ochoga said: “We need immediate implementation of the community policing training programme in the states.
“We need better professional training and equipment of the Nigeria police force, establishment of police command committees at state level to give state governors greater input in security matters with state police commands and formations; Create a culture of service delivery and effective discipline within the police force.”
Chief Godwin Obla, said: “The discourse on the propriety or otherwise of amendment of the Constitution to allow for state police has clearly revealed the duplicity and insincerity of some Governors especially those from the core North who have incorporated aspects of the Sharia in their legal systems and created apparatus for the enforcement.
“These are states where the Hisbah an acronym for Islamic police seize alcohol, impose fines, apply lashes as physical punishment in accordance with “Islamic injunctions.” What more evidence of state police do we need?
“If State Police had existed, the responsibility for apprehending the Boko Haram and similar insurgent organistions would have been on the states. The extent of their complicity or support for these groups would have been obvious.
“The world has moved on and if we are practising the American style federal system then state and even local government police is a sine qua non. The argument about misuse is as lame as it is disingenuous. We can anticipate possible abuses and put in place legislations to address them. Is the police as constituted not being abused?”
J. Ihe Amajuoyi, who is Chairman NBA Umuahia branch, said: “I am seriously opposed to the idea of State Police now, not because it is bad per se, but basically because of the use to which our politicians will eventually put it. They will definitely abuse it unless there are strong legal frameworks and dependable assurances to the contrary.”
On how to strengthen the existing police structure to get the best out of it, Amajuoyi said: “ A very strong reorientation and outright change of the present police force will make it more nationalistic, heal all suspicion and reassure Nigerians that their lives and property are safe”
Garun Gabbas said: “This is a sensitive, indeed, difficult subject for the simple reason that while it has its advantages, the odds against the option in our very peculiar situation as a nation make it somewhat unworkeable in Nigeria.”
According to him, some governors have shown a propensity to abuse their powers. Therefore, they could do worse with the police under their control.
“It will be very unwise to entrust these leaders with the most important aspect of concern to the citizens, I.e. security.
“Moreso, in certain parts of our country, the fear can be expressed, and rightly so, that state police could even be used by governors to settle religiuos, tribal or sectional scores. For these reasons it is my view that the disadvantages of creating state police far outweigh the benefits.“
