CONSTITUTIONAL AMENDMENT – THE NEED FOR THE NATIONAL ASSEMBLY NOT TO POLITICIZE THE NIGERIAN POLICE FORCE

By Zik Gbemre

With reports that the National Assembly is still posed on altering the provisions of Section 215 of the 1999 Constitution as amended to create room for State Police in Nigeria, we consider it necessary to reiterate that the lawmakers should desist from such moves for the sustainability of the nation’s democracy. Agreed that the Nigerian Police Force (NPF) seriously needs more attention and proper funding, however, we strongly believe that Nigeria, as it is at the moment; is not yet ripe nor have attained the required ‘maturity’ to have State Police like we have in the United States of America (USA).

The call for the introduction of State Police as it operates in the United States of America (US) has lingered for long now. In fact, the decentralization of the Nigeria Police to accommodate State Police was included amongst the 633 Recommendations contained in the National Conference Report, which many are calling on the Presidency to implement. To some Nigerians, it is a very good idea. And the same argument has been put forward to back this. Most of which is hinged on the fact that it is because of the inadequacies associated with Federally–controlled-Police to combat crimes and insecurity in the country, lack of competence, clumsy procedures and processes in the deployment of Police in State of emergency and the lack of control of the Police by Governors as Chief Security Officers in their respective States, etc.

However, no matter how valid or convincing the argument for State Police introduction may sound, the bottom line is that Nigeria, at its present state of ‘political maturity’, is not ripe enough now or have what it takes to manage the spill-over effects/disadvantages of State Police across the country. And for us to understand and appreciate the basis for this line of thought, it is imperative to critically look at the indices that make Nigeria not ready to accommodate the demands of State Police like we have in the US. If we allow State Police, that means we will have 36 State Police Forces plus that of the Federal Police Force in the country. This is ludicrous. And also, there are far more pressing issues, considered as the ‘root’ problems of insecurity in this country, which if addressed holistically; this argument of having or not to have State Police would not arise in the first place. Many Nigerians like us, are opposed to the idea of State Police, including some ex-police Chiefs and the Arewa Consultative Forum (ACF). We believe the idea can best be described as an invitation to Chaos in the country.

Just recently, a former Commissioner for Police, Mr. Samuel Adetuyi (rtd) also urged the National Assembly to desist from altering the provisions of Section 215 of the 1999 Constitution as amended for the sustainability of the nation’s democracy.

Adetuyi stressed and warned that such bid would not only be a “recipe for chaos, but also a lethal poison to true federalism in the Nigeria context.” He dispelled the justification for the amendment, which he said was to satisfy the selfish interest of the Governors, whom he emphasized, borne out of his experience in the cause of service, to serve the whims and caprices of the State Governors. He remarked that if the directives of the governors are within the purview of the Police Act, it is serious dereliction of duty for any police commissioner to ignore such order.

In his words, Adetuyi said: “Most times, what brings conflict is when the Governor asks the Commissioner to do something outside the Police Act,” referring to such excesses when he served as Commissioner for Police in Kogi State. “I told him that was not my duty. The Governor did not like it and said I was romancing with the opposition party. A few days later, I was transferred to Yobe State, but I did not care.” The ex-police officer turned lawyer who represented the police in the 2014 National CONFAB in Abuja, said the committee on security, only recommended that there should be decentralization of powers for police and not State Police. Adetuyi advocated that instead of creating State Police, the lawmakers should decentralize the Police for better performance and make better legislation to address the ‘poor conditions of police officers.’

This is a Nigerian Police Officer speaking from his experience and painting the exact danger posed by the nation having State Police. The truth is that the National Assembly should not politicize the Nigerian Police Force with its ongoing constitution amendment process. They should be very careful with what they do so that we do not have a Police Force with undue interferences from State Governors. For those who are arguing that a State Governor, as the Chief Security Officer of the State should have ‘control’ over the Commissioner of Police in that State, and why should States fund a Police they do not have control over. The real questions are, what has State Governors across the federation been doing with all the so-called Security Votes they get all these years in addressing the security concerns in their respective States? More so, is the Police supposed to be ‘under the control’ of State Governors? The Police is supposed to be a ‘neutral body’ just like the judiciary, and not to be under the control of any State Government. What exactly are they suggesting? Will the Assistant Inspector Generals (AIGs) in each of the Zones be reporting or directed by State Governors? Will the Deputy Inspector Generals (DIGs) and the Inspector General of Police (IGP) be reporting to the Governors? We can see that the said amendment will create a lot of confusion within the system – a situation where we might end up having two or more captains in a Ship. This is a recipe for disaster.

Considering the sort of democracy, we practice in Nigeria, where a typical Nigerian Politician is seen as ‘Lord’ and ‘Master’ over his subjects that supposedly elected him/her into public office, we can imagine what would be of our electoral process and atmosphere at the State level. Obviously, they would use their state police to cause havoc for both their political opponents and the general masses, reminiscent of how some of them had used their electoral commissioners to have their way up to the political ladder. The Nigerians political class has over the years, succeeded in making the country’s electoral system and the process to be ridden with fraudulent electoral malpractices of the highest order. And they use every instrumentality within their arsenal, including the Police, to achieve their goals to either remain in public office or to enthrone one their loyalists to continue from where they stopped after leaving office.

Now if they can actualize this at the moment, we can imagine what they can do when the State Executives of Government are given the power of State Police – it is a clear ‘death to opposition’ dynamics of our democracy. Seriously, the creation of State Police in Nigeria as it is, will lead to the eventual disintegration of Nigeria. Allowing the State Government to control the Police would lead to anarchy because of existing issues among some States and regions in the country.

As a country operating a Federal System of Government, there is actually nothing absolutely wrong in us having a State Police to reduce the ‘burden’ of the centre in managing this, but because of our ‘style’ of operating the constitution and our disregard for laws and order, coupled with the level of ignorance and immaturity of most of our public office holders; the establishment of State Police may be too early because we are “democratically immature”. The American Presidential system that we copied, apart from being too economically expensive for a fledging nation like Nigeria, it will take for us to fully imbibe the right attitudinal behaviours and democratic ideals which are germane to the establishment of State Police. This is to allow us get to a point where State Police will not be used to witch-hunt political opponents by those in power; or whittle down the professionalism in the Police Force; or be used for election rigging plus other unconstitutional attributes. These and all the other issues raised above should be the focus of the government at all levels.

Zik Gbemre, JP.

National Coordinator

Niger Delta Peace Coalition (NDPC)