BOTCHED POLICE REFORM EFFORTS – Lawyers gives positive reviews concerning FGNs decision on implementation state police

On February 15, 2024 announced the decision by President Bola Tinubu and state governors to work out a modality for the implementation of state police.

The Minister of information, Mohammed Idris, who disclosed the information, noted that the President and state governors reached the decision at a crucial meeting. He added that attendees of the meeting agreed that there was need for more discussions on how to implement it.

According to Vanguard;

“Expectedly, the news generated excitement across the country as many had often insisted that the current federal police structure was incapable of tackling the multifaceted insecurity challenges confronting the nation. Some stakeholders were, however, reluctant to join the jubilation especially as this was not the first time the Federal Government would signify intention to reform the police. Before the recent surprise announcement, the president had mooted the idea of increasing the numerical strength of the police, which is said to be over 300,000. At the end of the Nigeria Police Council conclave, which President Tinubu chaired in October last year, he set up a Constitutional Review Committee to carry out comprehensive police reform.”

“As President Tinubu and state governors embark on yet another mission to hopefully decentralize the Police, the question on the lips of many Nigerians given that state police is now unavoidable, is “How will it work?”

Looking to into the past at previous efforts by the Nigerian government on police reform Vanguard reported:

“The Nigeria Police Force established in 1820, during the colonial era, has gone through several transformations. However, the Force has failed to keep up with the changing times, and its methods and practices remain outdated.”

“As far back as 1989, Admiral Murtala Nyako was appointed to lead a police reform team, yet all through those years, it was all platitudes without much action in the real sense of the word. “

“Two years later, a presidential panel headed by Professor Tekena Tamuno submitted a report that was never considered by the government.”

“In 2006, another panel was set up by President Olusegun Obasanjo and chaired by former Inspector-General of Police, Muhammad Danmadami. The report of the panel was never implemented. “

“In 2008, a fresh committee of experts led by another former Inspector-General of Police, Muhammadu Dikko Yusuf, submitted a well-articulated report with 125 recommendations. Again, nothing came out of that report.”

“The 2014 National Political Reform Conference had recommended devolving policing after its painstaking deliberations. This implies allowing states to create their police, in addition to enabling community policing. Former President Goodluck Jonathan who initiated the conference, and his successor, Muhammadu Buhari, did not implement the recommendations of the report despite the prevailing security situation.”

“The last attempt to reform the police was after the ugly #EndSARS crisis of October 2020. The recommendations which included the disbandment of the notorious Police Special Anti-Robbery Squad, SARS, were more administrative than structural and failed to address the character of the Force.”

Here are opinions of senior lawyers that provide answer to the question:

FG must have oversight with decentralized control.

.Deputy Director-General and Head of Campus of the Nigerian Law School, Enugu campus, Prof Ernest Ojukwu, SAN said: “A hybrid model could be implemented by establish ing a federal regulatory body that sets minimum standards for recruitment, training, and equipment for all police forces (federal and state). This ensures some national cohesion while allowing states more control over their police forces’ operations within their jurisdictions.There must also be independent State Police Service Commissions separate from the Federal Police Service Commission. These commissions would oversee recruitment, promotion, and discipline within the state police forces, promoting accountability and responsiveness to local needs. Community policing principles must also be embedded within the state police structure. This involves building trust and collaboration with local residents, promoting problem-oriented policing, and fostering a sense of shared responsibility for public safety.“Recruitment processes that select officers based on merit, character, and community understanding must also be implemented rigorously. Training should emphasize human rights, de-escalation tactics, cultural sensitivity, and investigative techniques. There must also be adequate funding for state police forces through a combination of federal grants, state allocations, and local revenue sources.”

It must be insulated from political control— Prof Erugo, SAN

“The decision to allow for the creation of state police appears to have popular support, and one hopes that proper care is taken to provide adequate and effective regulatory framework. There is no doubt that the benefits of the national diversity will be lost, while ethnic bias and sentiments could become issues to contend with. Again, the fear that the state police could state governors against the opposition is genuine. More importantly, funding will definitely be a major challenge with regards to the present political structure, particularly revenue generation and sharing formula of the inchoate or amorphous federation.“In the circumstances, there will be need for a constitutional framework or structure as well as operational guidelines that will ensure the independence of the state police, insulating the institution from political control of the governors, providing regular and adequate funding and training, and reducing cases of conflict with federal police while yielding cooperation between the two.”

Govs must not deploy Police to harass opponents — Prof. Ozekhome, SAN

“Like we have it in western democracies, governors must fully fund state police commands. State Police Commissioners must also be independent of IGP. There must also be a collaboration with federal and state police for effective policing. I strongly suggest a Constitutional review to insist that governors must not deploy police to intimidate or harass political opponents. The new state police must also be fully kitted with modern gadgets, vehicles and crime-fighting equipment.”

Divisional, zonal commands should be retained — Malachy Ugwummadu, Former Executive President, Committee for the Defence of Human Rights

“The idea for state police derives from the concept of a localised security network system based on a people-driven, button-up approach. Ditto for the intelligence gathering systems leveraging on established familiarities within groups and communities in relation to any given state.“In the event the structure of the envisaged state police will be such that empowers local security networks in the form of registered or legislated security networks localised within the state but rendering invaluable partnerships and collaborative assistances to the mainstream Police force. For its operations, the State, Divisional and perhaps Zonal Commands can be retained for the discharge of their functions.The command and control stops within the state with the Commissioner of Police in-charge who, in turn, should report to the governor.”

There must be a unifying national framework — Deji Ajare, Executive Director, Sterling Law Centre.

“While the creation of state police requires decentralization, there must be a unifying national framework to ensure consistency, professionalism, and respect for human rights across all state police entities. The national framework should therefore include provisions that define the scope of authority and jurisdiction of state police, ensuring a clear delineation between the roles of state and federal police forces. There should also be an independent oversight bodies at the state level to ensure accountability and transparency in policing. There should also be minimum standards for the recruitment, training, and professional development of state police officers, emphasizing the importance of human rights, community policing, and ethical conduct; Outline the principles for community engagement and participation in policing, ensuring that state police forces are grounded in the communities they serve. There should also be a mechanisms for inter-state and federal-state collaboration and intelligence sharing, to combat crimes that transcend state boundaries effectively.”

State Police’ll not eliminate corruption — Hannibal Uwaifo, President, African Bar Association, AfBA

“I therefore believe that the latest discussions about the amendment of the Constitution to create State Police is an afterthought and is against the background of the failure of the almighty Federal Government of Nigeria to resolve the serious security challenges which have defied the half baked, half hearted solutions and threatening the foundation of the Country.“Be that as it is, the decision is not too late and enables each State to design and weave security architecture around their territory. It will enable quick decision making. Those in charge of technical and tactical decisions will be those known to the People of that State. It may not eliminate corruption which is presently very rife within the Nigerian Police but it will reduce it. The greatest benefit is that it will set Nigeria on the March to true Federalism.”

State police must be devoid of FG’s influence — Evans Ufeli, Executive Director, Cadrell Advocacy Centre.

“The state police should be a creation of the respective states devoid of federal influence. The state Houses of Assemblies should pass a law to that effect and section 214 of the Constitution which created the Nigerian police and hand it over to the federal government should be amended to give the process a breath of law.“The police at the state level must be independent of the governors of the state and their allegiance should be to the people, securing lives and properties and not to the governors. The operational model must be that policing must be devoted to intelligence and technology to fighting crime. Crimes are committed today in Nigeria with technology and same must be addressed using modern channels.”

There must be constitutional amendment – Joseph Otteh, Executive Director, Access to Justice

“I think there are there are some hoops you’ll have to jump before you get to the point of exploring the operational guidelines for the prospective “State Police Forces”. First is the constitutional hurdle: without a constitutional amendment, can Nigeria operate a State Police system? A Bill in the National Assembly is attempting – or pretending – to force an affirmative answer, even without the conclusion of a constitutional review process only just started by the Senate. The Bill is, in my respectful opinion, putting the cart before the horse.Any Bill or Act setting up a State Police system before a constitutional amendment, in view of the provisions of the current Constitution, particularly Sec. 241 will likely be invalidated on grounds of incongruity with the Constitution. Second, I’m not sure that we have, as a people, done the groundwork for establishing decentralized police forces, While the concept is attractive, its delivery is less so. Without answering the difficult questions of how State policing can function, and the questions of accountability and its other attendant risks, we may end up replicating State versions of the Nigeria Police Force, as currently is.”