Notwithstanding the immanent flaws in the current 1999 Constitution (as amended), some of its provisions have been observed largely in breach. For instance, the powers of the President over the Nigeria Police Force are somewhat circumscribed by the provisions of the Constitution. The appointment or removal of an Inspector-General of Police (IGP) in a democracy is not at the whim of the Head of State, as it appears to have been the practice since the Second Republic. The exercise of this erroneously assumed absolute power by the Head of Government – the power to hire and fire at any time of his choosing – often turns an IGP into a stooge of the President.
Section 215 (1) of the 1999 Constitution provides that “There shall be – (a) an Inspector-General of Police who, subject to section 216(2) of this Constitution shall be appointed by the President on the advice of the Nigeria Police Council from among serving members of the Nigeria Police Force.”
Paragraph 27, Part 1, Third Schedule of the Constitution provides that “The Nigeria Police Council shall comprise the following members – (a) the President who shall be the Chairman; (b) the Governor of each State of the Federation; (c) the Chairman of the Police Service Commission; and (d) the Inspector-General of Police.”
“The functions of the Nigeria Police Council,” according to Paragraph 28, “shall include – (a) the organisation and administration of the Nigeria Police Force and all other matters relating thereto (not being matters relating to the use and operational control of the Force or the appointment, disciplinary control and dismissal of members of the Force); (b) the general supervision of the Nigeria Police Force; and (c) advising the President on the appointment of the Inspector-General of Police.” (Emphasis supplied)
Then Constitution adds the coup de grace to the absolute power that has been exercised by the Head of State in relation to the Inspector-General of Police:
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“Before making any appointment to the office of the Inspector-General of Police or removing him from office,” provides Section 216 (2), “the President shall consult the Nigeria Police Council.”
The state governors, who often waive their constitutional rights, regularly complain of their lack of powers to control the police in their respective states, since each Commissioner of Police takes his final orders from the President or an appointee of the President, in line with Section 215 (4) of the Constitution:
“Subject to the provisions of this section, the Governor of a state… may give to the Commissioner of Police of that state such lawful directions… and the Commissioner of Police shall comply with those directions…: Provided that before carrying out any such directions … the Commissioner of Police may request that the matter be referred to the President or such minister of the Government of the Federation as may be authorised in that behalf by the President for his directions.”
Notwithstanding s.215 (4), had the state helmsmen cared to exercise the modicum of constitutionally-guaranteed supervisory powers over the police through the Nigeria Police Council, most likely we would have been saved the aberration of an appointed Commissioner of Police holding hostage or even abducting an elected governor, as happened under the previous governments. Response to the current security situation in the country, to a certain degree, would have been a lot better.
In the probable short period before the constitutional police decentralisation, nay state police, we urge the state governors to be alive to their constitutional responsibilities with regards to the Nigeria Police Council.
Given the degenerating security situation in the country – terrorist attacks, kidnapping for ransom, herdsmen’s attacks, banditry and kidnapping for rituals – this newspaper calls on the National Assembly to expedite action on the process of constitutional amendment leading to the establishment of state police.
