However the immanent flaws within the present 1999 Constitution (as amended), a few of its provisions have been noticed largely in breach. As an illustration, the powers of the President over the Nigeria Police Pressure are considerably circumscribed by the provisions of the Structure. The appointment or removing of an Inspector-General of Police (IGP) in a democracy isn’t on the whim of the Head of State, because it seems to have been the apply because the Second Republic. The train of this erroneously assumed absolute energy by the Head of Authorities – the facility to rent and fireplace at any time of his choosing – typically turns an IGP right into a stooge of the President.
Part 215 (1) of the 1999 Structure supplies that “There shall be – (a) an Inspector-Normal of Police who, topic to part 216(2) of this Structure shall be appointed by the President on the recommendation of the Nigeria Police Council from amongst serving members of the Nigeria Police Pressure.”
Paragraph 27, Half 1, Third Schedule of the Constitution supplies that “The Nigeria Police Council shall comprise the next members – (a) the President who shall be the Chairman; (b) the Governor of every State of the Federation; (c) the Chairman of the Police Service Fee; and (d) the Inspector-Normal of Police.”
“The features of the Nigeria Police Council,” in keeping with Paragraph 28, “shall embody – (a) the organisation and administration of the Nigeria Police Pressure and all different issues relating thereto (not being issues regarding the use and operational management of the Pressure or the appointment, disciplinary management and dismissal of members of the Pressure); (b) the general supervision of the Nigeria Police Pressure; and (c) advising the President on the appointment of the Inspector-Normal of Police.” (Emphasis equipped)
Then Structure provides the coup de grace to absolutely the energy that has been exercised by the Head of State in relation to the Inspector-Normal of Police:
“Earlier than making any appointment to the workplace of the Inspector-Normal of Police or eradicating him from workplace,” supplies Part 216 (2), “the President shall seek the advice of the Nigeria Police Council.”
The state governors, who typically waive their constitutional rights, frequently complain of their lack of powers to regulate the police of their respective states, since every Commissioner of Police takes his ultimate orders from the President or an appointee of the President, in keeping with Part 215 (4) of the Structure:
“Topic to the provisions of this part, the Governor of a state… could give to the Commissioner of Police of that state such lawful instructions… and the Commissioner of Police shall adjust to these directions…: Supplied that earlier than finishing up any such directions … the Commissioner of Police could request that the matter be referred to the President or such minister of the Authorities of the Federation as could also be authorised in that behalf by the President for his directions.”
However s.215 (4), had the state helmsmales cared to train the modicum of structureally-guaranteed supervisory powers over the police by way of the Nigeria Police Council, most probably we’d have been saved the aberration of an appointed Commissioner of Police holding hostage and even abducting an elected governor, as occurred beneath the earlier governments. Response to the present security scenario within the nation, to a sure diploma, would have been loads higher.
Within the possible quick period earlier than the constitutional police decentralisation, nay state police, we urge the state governors to be alive to their constitutional responsibilities with reference to the Nigeria Police Council.
Given the worrisome security scenario within the nation – terrorist assaults, kidnapping for ransom, herdsmen’s assaults, banditry and childnapping for rituals – this newspaper calls on the Nationwide Meeting to expedite motion on the method of constitutional modification resulting in the institution of state police.
