*Governors To Appoint CPs

*Lists Conditions For Removal

THE Bill seeking the amendment of the 1999 Constitution (as amended) to decentralise the Police Force by establishing state Police and empowering state governors to appoint state Commissioners of Police (CPs) scaled the Second Reading in the House of Representatives on Tuesday, February 20.

Under the amendment being sought, the Commissioner of Police (CP) to be appointed from among the serving officers in the state would be in charge of the state Police, in a bid to  address the worsening insecurity in the country.

The Bill, 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,’ sponsored by the Deputy Speaker of the House, Benjamin Kalu, and 14 others, put the Police seeks to move the Police from the Exclusive List to the Concurrent List in the constitution.

The Bill empowers states to have state-controlled policing; introduces a comprehensive framework to ensure cohesion, accountability and uniform standards between the federal Police and state Police and provides prescribed rigorous safeguards to prevent unwarranted interference by the federal Police in state Police affairs, stressing collaboration and intervention only under well-defined circumstances.

Other key provisions include the establishment of the State Police Service Commissions distinct from the Federal Police Service Commission, with clearly defined roles and jurisdictions, re-calibration of the National Police Council to include the chairmen of the State Police Service Commissions, with emphasis on collaborative and consultative policing in a federal system.

It also provides for 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, thereby ensuring adequate resources for effective policing; the appointment of the state Commissioner of Police (CP) by the governor be on the recommendation of the Federal Police Service Commission and approval of the state House of Assembly.

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

Specifically, Section 215 (4) of the Bill provides: “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) reads: “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 states that the governor or a commissioner under him may give the CP lawful directive, but if considered illegal, the CP may refer the order to the state service commission, which is empowered to take the final decision.

It stated: “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.”

In addition, 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.

The Bill contains 18 clauses to alter Sections 34, 35, 39, 42, 84, 89 and 129 of the 1999 Constitution (as amended) and 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.

In the proposed amendment, 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.”

It adds 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.

It also seeks to alter Section 216 (1) of the 1999 Constitution to provide the basis for the removal from office of the Inspector General of Police (IGP).