Ejiofor Alike
A human rights lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana has made a strong case for state police.
Delivering the Maiden Memorial Public Lecture in memory of the late Professor Olumuyiwa Awe at the University of Ibadan, Oyo State, Falana said: “In view of the clear provisions of the Constitution on the establishment of one police force for the federation, state governors should ensure that the institution is superintended by the NPC.”
0According to Falana, “state governments which are not secured under the present political dispensation may wish to set up state security agencies. After all, the National Assembly has made laws for the establishment of other arms bearing institutions.”
0Falana argued that in a country where individuals are granted licences to bear arms by the President, it is discriminatory and illegal to prevent state governors from acquiring licences for members of state law enforcement agencies for securing the life and property of every citizen residing in the states.
0“Our recent experience has proved that the establishment of a single and central police force for the country has not enhanced the maintenance of law and order. Aside the inability of the Nigeria Police Force to guarantee law and order in the entire country, the Nigerian people have witnessed the usurpation of police powers and abuse of same by the federal government.”
He alleged that without any challenge by the state governments, the Nigeria Police Force has since been turned into an organ of brutal coercion by the federal government.
Falana added that the calls for state police have increased due to incessant armed robbery attacks in the homes of people, abduction of travellers on the roads, reckless killing of unarmed people by terrorist and bandits and extra-judicial killing of criminal suspects by the federal law enforcement agencies.”
“Section 214 of the Constitution provides that “there shall be 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. It is further provided that the Nigeria Police Force shall be organised and administered in accordance with such provisions as may be prescribed by an Act of the National Assembly. Furthermore, the members of the Nigeria Police Force shall have such powers and duties as may be conferred upon them by law.
“Accordingly, the National Assembly has enacted the Police Act (Cap P19) Laws of the Federation of Nigeria, 2004 for the organization and administration of the Nigeria Police Force. The Act has conferred enormous powers on the Police in the maintenance of law and order in the federation. Some laws enacted by state governments have equally tasked the Police with the responsibility of enforcing state laws.”
“It is germane to note that 36 out of the 39 members of the Nigeria Police Council are state governors. But the governors have failed to use their numerical strength to insist that the NPC be allowed to discharge its constitutional duties. For reasons best known to the state governors, the President has been allowed to exercise the powers of the NPC with respect to the appointment and removal of the IGP and the general supervision of the NPF.”
“The Council has not adduced any reason to justify its failure to hold regular meetings and take decisions in line with the provisions of Section 159 of the Constitution.”
“Since 1999, the Nigeria Police Force has been converted to the Federal Government Police Force administered by the President, the Inspector-General of Police and the Nigeria Police Commission. While state governments are barred from establishing state police service on the grounds that there shall be only one police force in the country the federal government has created the Nigeria Security and Civil Defence Corps.”
