Quest for State Police and Need to Revisit Ekweremadu’s Proposal

As the quest for decentralised police system gathers momentum in the country, Deji Elumoye revisits a Bill for the Creation of State Police sponsored in the Eight and Ninth National Assembly by former Deputy President of the Senate, Senator Ike Ekweremadu, highlighting the major provisions, including safety valves against possible abuse

The quest for state police got a boost recently when the Governor of Kaduna State, Senator Uba Sani, announced its endorsement by most of the 36 states, while the National Economic Council (NEC) is set to deliberate on the matter in January 2025. This is also coming in the face of existential threats to Nigeria by all manner of criminal gangs – terrorists, bandits, kidnappers, armed robbers, etc. It has become obvious, even the blind, that Nigeria’s current policing system will never work.

Thanks also to President Bola Tinubu’s federalist dispositions. Before him, successive presidents played the ostrich mostly because they wanted to be “in total control.” Ex-president Muhammadu Buhari took the “total control syndrome” a notch higher by not only retaining the unsuitable centralised police system, but by equally appointing most of the heads of security and paramilitary agencies from a particular part of the country. The Director-General of the Depart of State Services (DSS), Lawal Duara, was Buhari’s kinsman.  Even in his second tenure, only two – General Leo Irabor, who was the Chief of Defence Staff and Air Marshal Isiaka Amao, who was the Chief of the Air Staff) – out of 16 heads of security and related agencies were from the South.

Interestingly, the North was the hardest hit by insecurity under Buhari’s watch. Predatory bandits made games of the people and chased them away from farming, which is the mainstay of the northern economy.  In May 2019, the District Head of Duara, Alhaji Musa Umar, also said to be the father-in-law of Buhari’s Aide-de-camp (ADC), Col. Mohammed Abubakar, was abducted and held in captivity for over two months.

So, obviously, something is fundamentally wrong with our security architecture. Yet, the warnings by well-meaning Nigerians, among them the former Deputy President of the Senate, Senator Ike Ekweremadu, fell on deaf ears.

I had the opportunity of reading Ekweremadu’s lecture entitled “Nigerian Federalism: A Case for a Review”, being the Sixth Annual Oputa Lecture on Governance in Africa, which he delivered on April 11, 2012 at the Osgoode Hall, Law School, York University in Toronto, Ontario Canada.

Here, he identified unitary policing and what he christened “feeding bottle federalism” as the greatest threats to Nigeria, which, if  not addressed, would destroy the nation socially and economically. How prophetic!

In that lecture, he reminded that Nigeria did not actually start off with a centralised police system, which was introduced by the General Yakubu Gowon Regime, ironically in line with General Johnson Aguyi-Ironsi’s Unitary Decree and Policy. The Native Authority Ordinance (No. 4 of 1916) vested the responsibility of the maintenance of law and order in the Native Authorities. The Protectorate Laws (Enforcement) Ordinance No. 15 of 1924 accentuated their powers.

A Nigeria Police Force with national jurisdiction was only created in 1930 and coexisted with the Native Authority and the Local Administration police until the fall of the First Republic.

However, Ekweremadu’s advocacy did not stop at just talking. He sponsored in the Eighth and Ninth Senate a Bill, which addresses the issues of structure, standardisation, control, armament, disciplinary action, co-existence with federal police, and importantly, the usual fear about possible abuse by state governors. In doing so, he drew inspirations from best practices across the globe, including the USA, Canada, and Brazil.

The Bill proposes the establishment of the Federal Police, State Police, National Police Service Commission, National Police Council, and State Police Service Commissions.

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 the constitution or by an Act of the National Assembly, while the State Police, shall be organised and administered in accordance with such provisions as may be prescribed by a Law of the House of Assembly of a State subject to the framework and guidelines established by an Act of the National Assembly.

Ekweremadu’s Bill proposes a Commissioner of State Police, who shall be appointed by the governor of the state on the advice of the National Police Service Commission, subject to confirmation of such appointment by the House of Assembly of the State. The Commissioner shall be in office for a period of five years only or until he/she attains a retirement age prescribed by law, whichever is earlier. So, the governor is not the sole appointer.

Again, the governor may give lawful directives to the CP with respect to the maintenance and securing of public safety and public order as he may consider necessary, but the commissioner of police shall only comply to the extent that those directives or order are neither unlawful nor contrary to general policing standards or practice. If he finds them so, he may request that the matter be referred to the State Police Service Commission for review and the decision of the state Commission shall be final and shall not be inquired into by any court.

The Bill equally provides enough autonomy for Commissioners of State Police. For instance, a commissioner shall only be removed by the governor upon the recommendation of the National Police Service Commission on the grounds of  misconduct in the performance of his official duties; serious breach of policing standards; conviction of any offence by a court of law or tribunal (including administrative tribunals set up by the police authorities for internal disciplining of police officers); indictment by a judicial body or tribunal for corruption, fraud, embezzlement or other unacceptable conducts in office; bankruptcy; mental incapacity; and participation in political activities of any kind either within or outside the state and including sponsoring or giving aid to any political group of movement.  But importantly, such removal shall be subject to approval by two-thirds majority of the State Assembly.

Furthermore, an Act of the National Assembly may prescribe a periodic review of the activities of each State Police Service by the National Police Service Commission after which it may be recertified so long as its operations adhere to set standards and regulations and do not undermine national integrity, promote ethnic, tribal or sectional agenda or marginalise any segment of the society.

The composition of each State Police Service Commission, as membership, is drawn from critical segments of the society, making it extremely difficult to pocket or manipulate the Commission. Chairman is to be appointed by the governor subject to the confirmation of the State House of Assembly; a representative of the Federal Government to be appointed by the National Police Service Commission, two members, who must be indigenes of the respective state and to be appointed by the National Human Rights Commission; a representative of the Public Complaints Commission; a representative of the Labour to be appointed by the Chairman of the state branch; three retired police officers from three senatorial districts to be appointed by the governor subject to confirmation of the State House of Assembly; a lawyer-representative of the Nigerian Bar Association and a representative of the Nigerian Union of Journalists to be appointed by their respective branch chairmen.

The mandates of the Commission include recommending the appointment of a Commissioner of Police, Deputy Commissioner of Police and Assistant Commissioner of Police to the National Police Service Commission; appointment, disciplining and removal of members of the state police below the rank of Assistant Commissioner of Police; and other functions and powers of the commission as may be specified either in the Constitution or a Law of the House of Assembly of a State. It is noteworthy that in recommending the appointment of a Commissioner of State Police, the Commission shall propose three qualified candidates to the National Police Service Commission.

The National Police Service Commission, on the other hand, shall comprise a Chairman to be appointed by the President subject to the confirmation of the Senate; two members representing the National Human Rights Commission; one representative of the Labour; six retired police officers not below the rank of Assistant Commissioner of Police representing each of the Geo-Political zones of the country  to be appointed by the President subject to confirmation of the Senate; a representative of the NBA to be appointed by the NBA President; a representative of the NUJ to be appointed by the NUJ President; and the Attorney-General of each state.

The National Police Service Commission shall be responsible for the appointment of persons to offices (other than office of the Inspector-General of Police) in the Federal   Police; exercising disciplinary control over members of the Federal Police; recommending to the Governor of a State the appointment of the Commissioner of Police, Deputy Commissioners of Police and Assistant Commissioners of Police of the State Police based on a list submitted to it by the State Police Service Commission of the relevant state and subject to confirmation by the House of Assembly of the State; recommending to the Governor, the discipline and removal of the Commissioner of Police, Deputy Commissioners of Police and Assistant Commissioners of Police of the State Police; supervising the activities of the Federal Police and State Police to the extent provided for in this constitution or by an Act of the National Assembly; and prescribing standards for all police forces in the country in training, criminal intelligence databases, forensic laboratories and render assistance to State Police in areas as may be requested by such State Police.

Ekweremadu’s Bill was shot down by parliament twice. But today, not only has the idea rebounded with buy-in by its worst critics, it remains the nation’s biggest guide to state police, resurrecting substantially in various Bills on the subject currently before the National Assembly.

In a television interview a few months back, a former federal lawmaker, Senator Ita Enang, confessed, “Senator Ike Ekweremadu was very vehement that we should have state police. He sponsored a bill. I was one of those who vehemently opposed him and campaigned against it. I went out of my way to say that the way the governors exercise power over the electoral process, if you give them the control over security, they would kill everybody. But now, it is no longer the question of the governors. State police is an idea, which time has come.”