INTRODUCTION:
The events of the past few weeks, in the political horizon of Abia State have been volcanic. Those events created a defining line between yesterday and today. It also immediately signposts a tomorrow that is significantly different from yesterday. Again, a demarcation of our “yesterday” and “today” could be the dividing line between 1999 and the years before it. I have the firm view that pre-1999 Abia State was an Eldorado when compared with the suffocation which has been our 101 until quite recently. The Governor of Abia State, Dr. T. A. Orji (Ochendo) has aptly stated at different forum that Abia Sate is now liberated. The reverse of this is that hitherto the State was in bondage. Hence, we can properly state that yesterday we were in bondage. Today, we are free. It must however, be understood that the yesterday under reference started in 1999. It has taken these long years to arrive a new dawn, which is today. The exhilaration of this moment is breath-taking. The cadence is alluring and heartwarming.
The question which, however, follows is: What shall we make of the moment in order to have a better tomorrow? Eternal vigilance is the price of liberty. Our Yesterday was characterized by banditry, looting and brazen display of occultic accoutrements. The high point of the macabre events of yesterday remains the perpetual impudence of kidnappers who have held us on the jugular. Several persons of note have retreated from Abia State and capital investments reduced. The banks have, in keeping with the principles of enlightened self-interest, carried out down-ward review of the value of property in the state. Such is the state of anomie. Accordingly, in looking forward to tomorrow, we must bear in mind the need to address the causative agents that created our yesterday and today. Macbeth, at the height of his infamy was still worried and had cause to declare:
“We have scotched the snake and not kill’d it;
she’ll close, and be herself; whilst our poor
remains in danger of her former tooth”
In rebuilding our today, therefore, for a better tomorrow a return to the day, when life and property were secured is a sine qua non. Accordingly, the agency that has the legal capacity to secure life and property must come into keen focus. That agency is the Nigeria Police.
THE HISTORY OF THE NIGERIA POLICE:
Still borrowing from the attribute of Janus, we must look at the past of the Nigeria Police. In doing this, I dare to state that it is regrettable that the Nigeria Police cannot write its own history. The website of the Nigeria Police has nothing on origin of the Nigeria Police. This is indeed sad when contrasted with the defined history of the origin of Police in other countries which you can read with a click of the button in their websites.
An international and revered Non-Governmental Organization (NGO), Human Rights Watch, had this to say of the origin of the Nigeria Police:
“The Forty Thieves” in Police Uniform during the Early Colonial period
The first police force was established in 1861 by the British colonial
administration in the territories known today as Nigeria. This 100- man contingent was essentially consular protection force based in Lagos, which later became known as the “Hausa Force”, so-named after the ethnicity of the men recruited into the unit. As the British
expanded their reach to the east and north, they formed additional police forces comprised largely of recruits from outside the communities in which they were to be deployed. These early forces were notorious for their abuses and general lawlessness. In 1891, the Consul-General of the Oil Rivers Protectorate in what is presently eastern Nigerian expressed shock at the “numerous acts of lawlessness and pillage” by the police, who were commonly referred to in the community as the “forty thieves” in police uniform. Similarly, the governor of Lagos colony acknowledged in 1897 that the Hausa Force “no doubt behaved very badly in the hinterland by looting, stealing and generally taking advantage of their positions”.
The primary purpose of the colonial police was to protect British economic and political interests. The police accomplished this objective through the often brutal subjugation of indigenous communities that resisted colonial occupation. The use of violence, repression, and excessive use of force by the police has characterized law enforcement in Nigeria ever since.
The brutality of the formative Police Force is further captured by the following foot note in the Human Rights Watch report:
“The Hausa Force was comprised of recruits from the Hausa ethnic
group, originally from the north, “most of whom have been freed slaves resident in Lagos.” Tamuno, The Police in Modern Nigeria, 1861-1965, p. 17. The colonial governor of Lagos Colony, H. S. Freeman, explained his justification for the Hausa Force in a December 31, 1863 letter to the Duke of Newcastle: “The men (Hausa) being from the interior and professing the muscleman religion (Islam) are hated by the natives of these parts who have hitherto only known them as their slaves. They are disliked also by the Europeans as being of a more independent character than the Lagos people. They thus have only the government to depend on, and if properly managed will prove a valuable resource to
this settlement”.
The above clearly shows that the Nigeria Police was founded on a philosophy of “we” against “them”. Where “we” represents the “Police”, and “them” the general populace.
The effect of the foregoing is that the Nigeria Police did not start off as peoples police. It was externally directed for purposes compatible with the interest of the alter ego i.e. the mind behind screen. Since it was externally directed it had an overriding central director or controller who was not answerable or responsible to the people. The philosophical foundation was to crystallize into the legal structure of the Nigeria Police. That philosophical foundation evolved the mind structure which gave birth to the legal structure.
THE LEGAL STRUCTURE OF THE NIGERIA POLICE
I prefer to start my exposition on the Legal Structure of the Nigeria Police from the 1963 Constitution, through 1979 and then 1999 Constitution.
Section 105(1) of the 1963 Constitution established the Nigeria Police Force. Section 106(1)(2) of the same Constitution creates the office of the Inspector-General of Police and that the Nigeria Police force shall be under the command of the Inspector-General of the Nigeria Police. There is, however, a provision that contingents of the Nigeria Police Force stationed in a Region shall, subject to the authority of the Inspector-General of the Nigeria Police, be under the command of the Commissioner of Police of that Region.
Section 105(6) however, permitted the Regional Government to maintain a native authority or local Government authority police in the following words:
“Parliament may make provisions for the maintenance by any local authority within the Federal territory of a police force for employment within the Federal territory”.
What appears immediately from the above is that there was a centralized command and that the Regional Governments which were the federating units, had the constitutional powers to set up police forces for employment within a “Province”. One remarkable point is that such police can only be deployed within the province for which it was established.
Let us now fast forward to 1979. Section 194(1) of the 1999 Constitution established the Nigeria Police Force (NPF). Section 195(1)(2) created the office of the IGP and further provided that the Nigeria Police Force shall be under the command of the IGP.
Of much significance for our purpose is the fact that Section 194(1) of the 1999 Constitution completely prohibits the establishment of any other Police Force in the following words:
… no other Police Force shall be established for the federation or any part thereof.”
The above provision is a clear contrast to the 1963 Republic Constitution.
Now to the present. The 1999 Constitution. The 1999 Constitution is a perfect doing of the 1979 Constitution. The implication is that no new thinking of or knowledge on policing emerged in the twenty years between 1979 and 1999.
The present position therefore is that there is only one Nigeria Police Force with a hierarchical command structure as follows:
The Inspector-General of Police
The Deputy Inspector-General of Police
The Asst. Inspector-General of Police
The Commissioner of Police (In-charge of contingents in a State)
The Deputy Commissioner of Police
The Asst. Commissioner of Police
The Chief Superintendent of Police
The Superintendent of Police
The Deputy Superintendent of Police
The Asst. Superintendent of Police
The Inspector of Police
Sergeant Majors
Sergeants
Corporals
constables
The Nigerian Police Force has the following statement on its command structure as captured in its scanty website:
The Command structure, also referred to as authority structure, of the Police Force is predicted on the regimental nature of the Force and conducted along the Force badges of ranks. Thus, in accordance with section 215(2) of the 1999 Constitution, section 6 of the Police Act, 1990 laws provide that “the Force shall be commanded by the Inspector-General of Police”. This simply means that orders, directives and instructions to perform or carry out the duties with which the police is carried, flows from the Inspector-General of Police, through the chain of Command, to any Officer positioned to implement such order. Disobedience or failure to carry out such instruction, directive or order, attracts punitive sanctions.
According to Section 7 (1) of the Police Act, the next in the line to the Inspector General of Police, is the Deputy Inspector General of Police. Though this rank is not specially mentioned in the Constitution, it has legal backing, because the Police Act is a law made by the National Assembly in accordance with the constitution. According to section 7(1) of the Police Act, the Deputy Inspector-General of Police is the second in Command of the Force and shall so act for him in the Inspector-General’s absence. Section 5 of the Act makes room for as many DIGs as the Nigeria Police Council considers appropriate. Every other rank below the IGP, takes order of Command from him, in the performance of their lawful duties.
The office of the Assistant Inspector-General of Police is provided for by section 5 and 8 of the Police Act. He shall act for the Inspector-General of Police in the event of the absence of the Inspector-General of Police and Deputy Inspector-General of Police. Section 5 of the Police Act, in accordance with the provisions of section 215 (2), of the Nigeria Constitution, provides for the office and rank of a Commissioner of Police who shall be in control of contingents of the Police Force stationed in a State. He is subject, however, to the command of the Inspector-General of Police or who-so-ever acts for him, in his absence.
Every other rank in the Force is legally provided for by section 5 of the Police Act. The Command structure of the Nigeria Police can be presented in order of hierarchy as in the chain hereunder.
The IGP, as the commander of the Nigeria Police has powers under Regulation 33 of Police Regulations to establish the following departments at the Force Headquarters:
‘A’ Department -Finance & Administration
‘B’ Department -Operations
‘C’ Department -Logistics & Supply
‘D’ Department -Force Criminal Investigation
‘E’ Department -Training & Command
‘F” Department -Research & Planning
Having x – rayed the legal structure of the police it remains to determine how well the police had fared with its present structure. From the outcome of our analysis we shall then determine if indeed there is a need for restructuring and finally we shall focus on what type of restructuring that will serve our purpose in the area of kidnapping.
HOW HAS THE POLICE FARED
There is a near consensus that the Nigeria Police has failed in the discharge of its duties. There is general disenchantment. Human Rights Watch in “Everyone’s is on the Game”, a recent assessment of the Nigeria Police Force stated thus:
The Nigeria Police Force, established in 1930, has a long history of engaging in unprofessional, corrupt, and criminal conduct. Over the years, this unwieldy force-Africa’s largest- has proved difficult to effectively manage and control and has become largely unaccountable to the citizens it is meant to serve. Many Nigerian Police Officers conduct themselves in an exemplary manner, working in difficult and often dangerous conditions- come 250 policemen and women were not and killed in the line of duty in 2009 – but for many Nigerians the police force has utterly failed to fulfill its mandate of providing public security. Indeed, 80 years after its birth, members of the force are viewed more as predators than protectors, and the Nigeria Police Force has become a symbol in Nigeria of unfettered corruption, mismanagement, and abuse.
After the above damning report the said Human Rights Watch made far reaching recommendations on how to heal the malaise of the Nigeria Police. I cannot improve on the recommendations which are hereunder reproduced.
Recommendations
To the Government of the Federal Republic of Nigeria
Establish an independent commission of inquiry with subpoena power to conduct a transparent, comprehensive, and impartial investigation into systemic corruption within the Nigeria Police Force. The commission should focus its investigation on determining:
The extend of the embezzlement and misappropriation of public funds by senior police officials and its impact on police conduct and services;
The extent to which senior police officials sell for personal profit the services of junior-level officers to private individuals and companies and its impact on police conduct and services; and
The extent to which monetary “returns” are passed up to the senior leadership of the Nigeria Police Force and the impact of this system of returns on police conduct and services.
Prosecute without delay and according to international fair trial standards any police officer implicated in corruption and other serious abuses.
Improve financial oversight of the Nigeria Police Force.
Require the Nigeria Police Force to publish quarterly financial reports of total fines collected for vehicular and traffic violations, revenue received from state and local government allocations, any funding received from private sources.
Require the Nigeria Police Force to publish quarterly budget execution reports including detailed expenditure reports from each state command.
Make public the auditor-general’s financial audit reports of the Nigeria Police Force for each of the past 10 years.
Order an independent financial audit of the Nigeria Police Force by a qualified auditing company that conforms to international standards for auditing public sector entities. Ensure that the audit report is made public.
Reduce political manipulation of the police by setting the term of the Inspector-General of Police to one five-year term, and subjecting the confirmation of appointment as well as removal to a two-thirds majority vote in the Senate, as recommended by the 2008 Presidential Committee on the Reform of the Nigeria Police Force. Propose a constitutional amendment to enshrine these provisions in the Nigerian Constitution.
Implement without delay the core recommendations of the 2008 Presidential Committee on the Reform of the Nigeria Police Force and prioritize measures addressing financial transparency and oversight, public complaint mechanisms, and monitoring and discipline of police personnel. Ensure that sufficient resources are allocated to enable effective implementation of these recommendations.
To the National Assembly
Pass the Freedom of Information Bill that would give Nigerians the legal right to compel the Nigeria Police Force and other government institutions to release information such as government budgets, expenditure reports, and financial audits.
Amend the Code of Conduct Bureau and Tribunal Act to define specific terms and conditions for public access to the asset declarations of public officials, as provided by the Nigerian Constitution.
Subject the Nigeria Police Force to greater legislative oversight by requiring the Inspector-General of Police to submit quarterly expenditure reports, activity reports of the X-Squad, and the status and outcome of investigations into incidents of police corruption and other serious abuses.
Hold regular public hearings into the conduct of the Nigeria Police Force in the respective police affairs committees in the Senate and House of Representatives.
Pass the National Human Rights Commission Amendment Bill that would increase the independence of the commission and empower it to prosecute cases of human rights abuses.
To the Nigeria Police Force
Streamline and prioritize internal control mechanisms by establishing a Public Complaints Unit at each police station. The unit should include a human rights officer, an anti-corruption officer, and an officer responsible for service delivery complaints. These personnel should be assigned the exclusive duties to:
Receive and investigate complaints against police officers filed by members of the public;
Monitor the conditions and treatment of persons held in police custody;
Liaise with community leaders and civil society organizations regarding incidents of police abuse within the community:
Report incidents of police abuse, including extortion and bribery to the divisional police officer, the anti-corruption X-Squad, and appropriate internal and external oversight bodies; and
Protect members of the public who file complaints against the police from harassment, violence, or any other form of reprisal.
Ensure that the Public Complaints Unit is able to effectively perform its work by designating a line item within the police force budget for the unit, and by providing sufficient funding, training, and institutional support to its personnel.
Publish details quarterly reports of the number, type, status, and outcome of complaints received by the Public Complaints Unit.
Revamp the anti-corruption X-Squad by removing the leadership and all police officers currently assigned to the unit and by designating a budget line item to support it, with a view to establishing a well-funded, professional, and accountable internal anti-corruption unit that reports directly to the Inspector-General of Police. The X-Squad should prioritize investigations of:
Senior police officers implicated in embezzling and misappropriating police funds or in taking monetary “returns” from subordinate officers; and
Junior and senior police officers implicated in extorting money from complainants, criminal suspects, and other members of the public.
Publish details quarterly reports of the number, type, status,, and outcome, of cases investigated by the X-Squad.
Strengthen the internal disciplinary procedures of the Nigeria Police Force by including on the Force Disciplinary Committee a representative from the Police Service Commission, and by making public the outcome of decisions on disciplinary matters.
Thoroughly investigate and promptly arrest police officers implicated in corruption and other serious abuses, and promptly submit investigation reports to the Attorney-General for prosecution.
Promptly discipline any police officer, including any of senior rank, who hires out, or assigns without authorization, police officers to serve as private guards for individuals or companies.
Improve financial oversight of state commands by requiring them to submit to Force Headquarters monthly revenue and detailed expenditure reports for each police division, and by conducting and publishing periodic and comprehensive internal audits of these reports.
Protect police whistleblowers and members of the public who file complaints against the police from harassment, violence, or any other form of reprisal.
However, one major drawback of the recommendation is that it does not address the fundamental cause of the failings of the police. Without doubt, too much centralization of the authority to fight crime is a draw back on performance. It also leads to massive corruption arising from too much centralization of the police purse. Most fundamentally, there is nothing that is said on changing the mindset of the police.
On the specific issue of kidnapping, there is nothing said on how criminals who are embedded in the society can be dealt with. There lies the relevance of the topic before us.
RESTRUCTURE WHAT?
Every organization has an operational style: stated or unstated. That operational style is determined by the mind set. Structuralism as a method of analysis focuses on recurring patterns of thoughts and behaviour. Applying this method we immediately observe that the Nigeria Police Force is an institution that oppresses the people. In Abia State, there is total resentment of the police. This is because what is visible is the extortion on the roads, humiliation and inhuman treatment of the innocent and guilty alike. Recently, at Osisioma, dare devil armed robbers disarmed and killed policemen. Less than twenty four hours later, lorry loads of policemen descended on helpless traders who toil for their daily bread under inhuman conditions at the Osisioma Park. When the dust settled, several persons had been totally wounded either by bullets or police dagger. As for losses of goods, the estimate ran into millions as soldiers and policemen, paid by public fund and wearing official uniform, carted away goods in cartons, bags and sachets. The policemen and soldiers who carried out these acts of infamy publicly proclaimed that those dare devil armed robbers are the brothers of the victims and that they were only taking vengeance against the brothers of their assailants. This mind set is reminiscent of the behaviour of the “Hausa Police” that is the foundation of the present Police.
Accordingly, my first proposition is that there is a definite and an urgent need for a restructuring of the mindset of the members of the Nigeria Police. They must be transformed by the renewal of their minds. A situation where policemen see victims of crime as brothers and sisters of the criminals is antithetical to good policing.
If ever you have been involved in the rescue of a kidnap victim you could be shocked to your marrow at the indifference of the police and indeed other law enforcement agencies. “Na your brothers” is a usual refrain in kidnap cases. There must be a mental restructuring that will treat criminals as criminals and not as Igbos, Hausas, etc. This is because a bullet from the nozzle of a criminal does not discriminate on the basis of tribe or tongue.
As further proof that the police has a “we” here, and “them” there, mentality let us focus on the Blue Print on policing strategy issued under the present IGP.
BLUE PRINT ON POLICING STRATEGY (from the website of the Nigeria Police Force):
Vision: “Making the Country safer and secure for the attainment of National aspiration”
Mission: “To Deliver Qualitative and Efficient Security & Law
Enforcement Services to the Citizens of Nigeria”
Strategy: Phased deployment of a three-point Agenda that
captures the essence of my vision and mission:
3 – POINT AGENDA
Implementation of Government’s White Paper on Police Reforms:
Road Map for taking the Nigeria Police to the next level;
Training and Retraining as imperatives for professionalism and confidence-building;
Building institutional and individual capacities;
Re-invigoration of supervisory mechanisms;
Outward resource distribution.
Renewed Commitment to Combating Violent Crimes and other Forms of Criminality:
Intelligence-led Policing;
Community Policing;
Consultative and Strategic partnership;
Optimal utilization of resources: men and materials.
Enhancing Police Image and Improving Personnel Welfare:
Developing the professional capacities of individual police personnel;
Zero-tolerance for corruption and corrupt practices;
Moral re-armament and ethical re-orientation;
Recognition and reward for outstanding performances;
Promotions and general welfare packages;
Accommodation issues: Barracks and Owner-occupier houses.
First, you will observe that the above statements are verbose and leave no yardstick to measure their attainment. Secondly, the blueprint contains self-serving declaration which focuses on the police only. The Nigeria people are not in focus at all. This Point might appear hazy until you compare the above statement and declarations with that of the Metropolitan Police (MP).
For starters, the motto of the MP is “working together for a safe Condon” (emphasis mine). Thus from the onset the MP realizes it must work together with the people. Further, the MP made an eleven point pledge which are:
Pledge 1- We will always treat you fairly, with dignity and respect, ensuring you have fair access to our services at a time that is reasonable and suitable to you.
Pledge 2 – We will ensure your Safer Neighbourhood Team and other police patrols are visible and on your patch at times when they will be most effective and when you tell us you most need them. They will spend at least 80% of their time visibly working in your neighbourhood, tackling your priorities.
Pledge 3 – We will provide you with information so you know your dedicated Safer Neighbourhood Team is, where they based, how to contact them and how to work with them.
Pledge 4 – We will respond to every message directed to your Safer Neighbourhood Team within 24 hours and, where necessary, provide a more detailed response as soon as we can.
Pledge 5 – We will aim to answer 999 calls within 10 seconds.
Pledge 6 – We will deploy to emergencies immediately giving an estimated time of arrival, getting to you safely, and as quickly as possible. We will aim to get to you within 12 minutes.
Pledge 7 – We will answer all non-emergency calls promptly. If attendance is needed, send a patrol giving an estimated time of arrival and:
If you are vulnerable or upset aim to be with you within 60 minutes
If you are calling about an issue that we have agreed with your community will be a neighbourhood priority and attendance is required, we will aim to be with you within 60 minutes.
Pledge 8 – Alternatively, if appropriate, we will make an appointment to see you at a time that fits in with your life and within 48 hours. If agreed that attendance is not necessary we will give you advice, answer your questions and/or put you in touch with someone who can help.
Pledge 9 – We will arrange regular public meetings to agree your priorities at least once a month, giving you a chance to meet your local team with other members of your community. These will include opportunities such as surgeries, street briefings and mobile police station visits which will be arrange to meet local needs and requirement. We will provide monthly updates on progress and on local crime and policing issues. This will include the provision of crime maps, information on specific crimes and what happened to those brought to justice, details of what action we and our partners are taking to make your neighbourhood safer and information on how your force is performing.
Pledge 10 – If you have been the victim of crime agree with you how often you would like to be kept informed of progress in your case and for how long. You have the right to be kept informed at least every month if you wish and for as long as is reasonable.
Pledge 11- If you have been involved in a road traffic collision that we are investigating we will contact you within 10 working days.
You will immediately observe that the pledges are people-centred and have direct relevance to policing. Again, the discharge of the pledges can be empirically weighed. This brings into further relevance the need for a clear restructuring of the mindset that will ensure that the people are the focus of policing.
Following, the restructuring of the philosophical foundation of the Nigeria Police it will become easy to go for a constitutional restructuring. The Nigerian Police of today is unwieldy and too centralized. We must go back to the 1963 Constitution and allow State to set up Police for Local Governments. I agree that Regional Governments used Local authority police to intimidate political opponents. However, such draw backs can easily be addressed. In any case, what we had then is not worse than what we have today. I urge that such Local Government authority be structured like the Safer Neighbourhood Team of the MP. Nobody should today doubt that kidnappers live among us. To deal with them, therefore, require a police command that is embedded in the neighbourhood. Such police command must enjoy legal coercive powers. Various State Governments have tried to set up Vigilante Groups. The handicap however is that such groups are constitutionally still borne. They have therefore been known to operate below the legal radar. The effect is that they, by that, live above the law. For instance “Bakassi” Vigilante Group (a.k.a Abia State Vigilante Group”) is not a legal entity. It has thus thrown us back to the days of the Unknown Soldier. But it must be conceded that Vigilante Groups are children of necessities. Accordingly, we urge that they be given legal cloak and through that check their excesses.
It remains to add that the establishment of the Abia State Vigilante Group under the Abia State Vigilante Group Law, Laws of Abia State Vol. 12. Cap 41, 2005 is a significant attempt to address the drawback on policing caused by the centralization of the Nigerian Police. According to Section 5 of the said law the functions of ABSVG are:
5. (1). The Vigilante Group: -
(a). shall assist in the maintenance of security in Abia State; and
(b). shall in particular render all lawful help and assistance to the Police in the following areas: -
(i). detention and prevention of crime;
(ii). Making available to the Police relevant information on criminals; and
(iii). Protecting lives and properties.
Further, Section 6 of the same law gives some power to the ABSVG. These powers are:
6. (1). For the purpose of discharging its functions under this Law, the Vigilante Group shall have the power: -
(a). to arrest and interrogate any person who commits or is reasonably suspected to have committed a criminal offence;
(b). to patrol the streets in towns and villages at any time of the day and especially at night;
(c). to enter into any property for the purpose of preventing the commission of crime; and
(d). to interrogate any person of questionable character or suspicions movement.
You may be misled if you think that the ABSVG is a Peoples Police. This is far from the truth as can be seen from a scrutiny of the membership of the Advisory Committee (AC). The AC is made up of “Government People”. The structure does not allow for the participation of the representative of communities. This is a major drawback.
Another major draw back is that the legal structure of the police does not dovetail into the operations of a Vigilante Services. In other words there is no legal protocol regulating the relationship of Vigilante Groups and Police. This is unlike the neighbourhood team of the MP. Accordingly, it is urged that even without a constitutional amendment approving the setting up of State Police, the States and the Nigerian Police force should engage themselves in a discussion for purposes of converting Vigilante Services to real neighbourhood Police Units.
CONCLUSION:
We have shown above that the Nigeria Police is grossly ineffective. In addition an attempt was made to determine the raison d’etre behind its present performance. In the process we viewed its philosophical basis which informed the present constitutional structure. We then concluded with the suggestions for a restructuring using the MP as a model. I do hope that immediate steps be taken to address the concern of the organizers of this conference.
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