In the alteration to the constitution under consideration, a commissioner of police appointed from among the serving policemen in the state will head the proposed state police in a long-awaited move to decentralise the Nigeria Police Force which has failed to address the spiralling security crisis confronting the country.

The country has been under assault by bandits, kidnappers, and other nefarious characters that daily launch violent attacks on citizens, many of whom are kidnapped, killed, or maimed.

Though the police authorities had initiated various security operations and also deployed more operatives across the country to tackle the insecurity, the crime wave had yet to abate as gunmen operated freely in several urban areas and rural communities.

Titled, ‘A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999 to Provide for Establishment of State Police and Related Matters,’ the bill, sponsored by the Deputy Speaker of the House, Benjamin Kalu, and 14 others, put the police on the concurrent list.

In the 1999 Constitution, policing is on the exclusive legislative List and therefore, under the direct control of the Federal Government.

Leading the debate on the general principles of the bill, the co-sponsor and member representing Ilorin West/Asa Federal Constituency, Tolani Shagaya noted that the primary purpose of government as enshrined in section 14(2)(b) of the Constitution of the Federal Republic of Nigeria, 1999, is the security and welfare of the citizens.

He added that in the past few years, the nation’s collective security had been greatly challenged, noting that as a result, state police had become inevitable to augment the efforts of the Federal Government to make the country safe for all.

Highlighting some of the key innovations in the proposed alteration bill, he said, “The transfer of police from the exclusive legislative list to the concurrent list, a move that effectively empowers states to have state-controlled policing; the introduction of a comprehensive framework to ensure cohesion as well as accountability and uniform standards between the federal police and state police; the provision of prescribed rigorous safeguards preventing unwarranted interference by the federal police in state police affairs, emphasizing collaboration and intervention only under well-defined circumstances.’’

Shagaya further listed other key provisions of the bill to include the establishment of the state police service commissions as distinct from the Federal Police Service Commission with clearly defined roles and jurisdictions, a re-calibration of the National Police Council to include the chairmen of the state police service commissions, emphasising the collaborative and consultative nature of policing in our federal system.

Other provisions are the recognition of the possible financial challenges that may be faced by state police which would require the Federal Government to provide grants or aid, subject to the approval of the National Assembly, thus ensuring adequate resources for effective policing.

The proposed amendment also provides that the appointment of the state commissioner of police by the governor shall be on the recommendation of the Federal Police Service Commission and the state assembly’s approval.

However, the CP can be removed by the governor on the recommendation of the Federal Police Service Commission, subject to two-thirds of the state assembly.

Section 215 (4) of the bill provides that, “A state police shall be headed by a commissioner of police who shall be appointed by the governor of the state on the advice of the Federal Police Service Commission from among serving members of the state police subject to confirmation by the state House of Assembly.’’

Section 216 (3) read, “A Commissioner of Police of a state shall only be removed by the governor upon the recommendation of the Federal Police Service Commission praying that he be so removed on the grounds of (a) misconduct in the performance of his official duties (b) breach of policing standards, law, regulation, and code of conduct (c) conviction of any offence involving fraud or dishonesty by a court of law or tribunal and (d) bankruptcy and mental incapacity.’’

It stated that the governor or commissioner under him may give the commissioner of police lawful directive but if considered illegal, the police commissioner may refer the order to the state service commission, which is empowered to take the final decision.

“The governor or such other commissioner of the government of the state as he may authorise on that behalf may give to the commissioner of police such lawful directions concerning the maintenance and securing of public safety and order as he may consider necessary, and the commissioner of police shall comply with those directions or cause them to be complied with.”

Furthermore, the National Assembly shall do certification of the state police service commission bi-annually to make sure it meets national standards.

Section 216 (b) of the bill empowers the state police to bear such arms as may be determined by an Act of the National Assembly.

In all, the proposal contains 18 clauses to alter sections 34, 35, 39, 42, 84, 89 and 129 of the Constitution of the Federal Republic of Nigeria (as altered).

The bill also seeks to alter sections 153, 197, 214, 215, and 216 as well as Chapter IV Part III, Second Schedule, Part II of the Third Schedule, and Part III of the Third Schedule of the Constitution.

Federal police

In the proposed legislation, section 214 of the Constitution (Establishment of Federal and State Police) is altered to distinguish the federal from the state police.

Section 214 (3a) reads, “The federal police shall be responsible for the maintenance of public security, preservation of public order and security of persons and property throughout the federation to the extent provided for under this Act or by an Act of the National Assembly; and

“(b) be responsible the maintenance of public security, preservation of public order and security of persons and property within a State to the extent that the State has power to make laws under this constitution.’’

Subject to the provisions of the constitution, the bill states that the federal police shall not interfere with the operations of any state police or the internal security affairs of any state except to contain serious threats to public order where it is shown that there is a complete breakdown of law and order within a state and the state police are unable to contain the threat.

The federal police can only intervene where the governor requests their intervention to prevent or contain a breakdown of law and order in the state.

Section 216 (1) of the Constitution was also altered to provide the basis for the removal from office of the Inspector General of Police.

Contributing in support of the bill, Ahmed Jaha representing Damboa, Gwoza/Chibok Federal Constituency, Borno State, stated, “It is not the responsibility of the military to help in the maintenance of internal security. They are involved because of the breakdown of our internal security mechanisms.’’

Also speaking, the member representing Ikorodu Federal Constituency, Lagos State, Babajimi Benson, noted that it is the job of the police to maintain law and order.

According to him, “The about 400, 000 policemen we have today cannot effectively cater for the over 200 million Nigerians. If the 36 states of the federation feel they have the funding, they should be allowed to establish state police provided such is not used to perpetrate political ambitions.’’

Other lawmakers who spoke in support of the bill included Aliyu Madaki (Kano) Ademorin Kuye (Lagos) and Bello Kumo (Gombe).

But the member representing Jibia/Kaita Federal Constituency, Sada Soli, expressed misgivings, citing the financial implication of state police at a time when many states were struggling to meet their financial responsibility to their workforce.

Obasanjo stressed that state police should be given a priority above community policing to curb the wave of insecurity ravaging the country.

This was disclosed in a statement by the Special Assistant to Obasanjo on Media, Kehinde Akinyemi on Thursday.

According to the statement, the former president made this ascertaion when the leadership of the National Association of Ex-Local Government Chairmen in Nigeria paid him a courtesy visit in Abeokuta on Wednesday.

He said, “Our situation in Nigeria concerns everyone, particularly, the case of terrorism. The case has gotten over the issue of community police. It is now state police. It is from that state police that we can now be talking about community police.

“I prepared during the popular Murtala/Obasanjo administration, because I believe that there is need to enable that tier of government to work truly as a local governmen. They have their own Executive, Judiciary and Legislature.

“They were working and they were very visible, building and managing roads, looking into education, health, local administration, agriculture, but they were all gone.”

The bill was sponsored by Onofiok Luke  (PDP, Akwa Ibom) representing Etinan/Nsit Ibom/Nsit Ubium Federal Constituency

Luke said it was aimed at removing the police from exclusive list to concurrent list, towards enhancing the security of lives and property in the country.

He said it would also help to reduce crimes at the grassroots, by complementing the role of the Nigeria Police Force and other security agencies in crime control.

“We have had some security challenges and some states have had to set up state security apparatus to fill in the gap,” Luke said.

This, he said, was due to an upsurge in crime following the current security challenges in the country, which appeared to have overwhelmed the police.

Rep. Tobi Ukechukwu (PDP-Enugu), in his contribution, said the creation of state police was germane to the survival of the country.

“About an hour ago, we observed a minute silence in honour of those killed in Kaduna, children have been taken captive and we have had a situation in this country that ordinarily this issue of state police should have been addressed,” he said.

He said the bill was a patriotic move by the sponsor, stressing that the exclusive list needed to shed weight and this would ensure a well-secured country.

“There is no state that does not run its own vigilance group as at now, but they are lacking the power to bear arms, arrest and prosecute.

“We cannot be pretending that everything is okay, it is not a joke that schools are closed in Kaduna,” he said.

Speaker of the House, Femi Gbajabiamila, put the bill to a voice vote and it unanimously adopted and referred to the House Ad Hoc Committee on the review of 1999 Constitution.

Chairman of the NGF, and Governor of Ekiti State, Dr. Kayode Fayemi stated this while briefing State House correspondents after the expanded security meeting with President Muhammadu Buhari and Security heads at the Presidential Villa, Abuja.

Fayemi backed by six other governors from the six geo-political zones said that while some governors were advocating for State police because of the peculiar security challenges facing their states others didn’t deem it necessary because of the financial implications.

He said that the NGF will take a holistic view of the involvement and come out with a position on it. He also stated that the $1 billion approved from the Excess Crude Account to fight insecurity had been disbursed among the security agencies, though he said it was not enough to tackle the security challenges.

The NGF boss who said the meeting was on the instance of the governors said it dwelt primarily on insecurity ranging from kidnapping, armed robbery, insurgency, militancy among others.

Fayemi said there will be a special meeting of National Economic Council, NEC, which is chaired by Vice President Yemi Osinbajo to take position on the myriads of security problems in order to give confidence to the citizenry. Explaining on the essence of the meeting, he said, “The meeting was at our instance as governors of the 36 states collectively.

It has to do with the security situation in the country, our concerns about what is going on all across the nation. “We had a very fruitful meeting with Mr. President. Of course, he was not oblivious of the challenges, he gets security reports on daily basis, he understands what the issues are.

“But we felt as chief security officers in our respective states, it is also important for us to at least keep Mr. President abreast of the enormity or the challenges we are facing and also highlight the concerns of our citizens across the board about rural banditry, farmers/herders clashes, Kidnapping, militancy in the Delta, insurgency, and cultism.

“So we discussed extensively all of these issues and looked at the various ways that we felt as governors we could assist Mr. President as the Commander-in-Chief to curb these issues. Of course, we were able to in the first instance look at the nexus between our economic challenges and the security challenges as well. And the importance of tackling the causes of crime not just crime on its own.”

In the same vein, he has also approved the dismissal of 37 police officers as recommended by the National Human Rights Commission Presidential Special Panel on Sars Reforms.

This was contained in the statement by the Executive Secretary, National Human Rights Commission and Chairman Presidential Panel on SARS Reform, Anthony Ojukwu, on Monday during the submission of report of the Presidential Panel on the reform of Special Anti-Robbery Squad, SARS, of the Nigeria Police, at the Presidential Villa, Abuja.

According to Ojukwu, the Panel had received 113 complaints on alleged human rights violations from across the country and 22 memoranda on suggestions on how to reform and restructure SARS and the Nigeria Police in general.

He said, “At the end of its public hearing and having listened to complaints as well as defendants and their counsel, the Panel recommended thirty seven (37) Police officers for dismissal from the force. Twenty four (24) were recommended for prosecution. ”

The panel also directed the Inspector General of Police to unravel the identity of twenty two (22) officers involved in the violation of the human rights of innocent Citizens.

“The police was directed to pay compensation of various sums in forty—five (45) complaints and tender public apologies in five (5) complaints and directed to obey court orders in five (5) matters.

“The Police was directed to immediately arrest and prosecute two (2) retired senior Police officers found to have violated the rights of citizens (one for extra-judicial killing and the other for illegal takeover of Property of a suspect). The Panel also recovered two vehicles illegally auctioned by SARS Officers and returned them to their owners.”

Some other key recommendations of the Panel include,” Significant improvement in the funding, kitting and facilities of the Nigeria Police Force; Strengthening Information and Communication Technology of the Force; Establishment of State and local government Police.