Emerging details of the proposed State Police bill transmitted by President Bola Tinubu to the House of Representatives seek to create constitutional pathway for the establishment of State Police services and prescription of national minimum policing standards in Nigeria.
According to the 26 clauses proposed by the Presidency, the Executive bill seeks to amend Sections 84(4), 89(2), 121(3b) by inserting a new subsection (3c), 124(4), 129(2), 153(1), 157(2), 158(1), 160 by inserting immediately after subsection (2) a new subsection (3), 197(1), 201(2) and 204.
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It further seeks to amend Chapter VI Part III of the 1999 Constitution, deletion and substitution of Section 214, 215, 216, Second Schedule of the 1999 Constitution, Part I of the Third Schedule of the 1999 Constitution, Part III of the 1999 Constitution, Part III of the Fifth Schedule of the 1999 Constitution, Section 318(1), respectively.
As indicated in the explanatory memorandum of the legislative framework, the bill seeks to “preserve the Federal Police Service as the default police service in any State until a State Police Service is lawfully established and certified operational, and preserves the continuing federal policing role in every State and in the Federal Capital Territory, Abuja.
“The Bill establishes constitutional guardrails for civilian control, human rights, national minimum standards, independent police service commissions, intergovernmental cooperation, criminal information systems, firearms control, and exceptional federal intervention in State policing in cases of breakdown, serious incapacity, national security threat, or egregious abuse.”
The Bill, however, leaves the detailed organisation, procedures, operational control, certification, complaints mechanisms, grants, and implementation arrangements to subsequent Acts of the National Assembly and, where applicable, to the Laws of the Houses of Assembly of States.”
Clause 4 of the bill seeks to amend Section 121 of the Constitution by inserting immediately after subsection (3b) a new subsection (3c) as follows: “Any amount standing to the credit of a State Police Service Commission established for a State shall be paid directly to the Commission.”
Clause 5 of the bill also seeks to amend Section 124(4) of the Constitution by inserting immediately after the words “State Judicial Service Commission” the words “the State Police Service Commission, where established.”
Clause 6 of the Constitution also seeks to alter Section 129(2) by deleting the 20 words “any member of the Nigeria Police Force or by any person authorised” and substituting the words “any member of the Federal Police Service, any member of a state police service established for the State where that service has commenced operational policing, or by any person authorised.
Clause 7 of the bill also seeks to alter Section 153(1) of the Principal Act by-(a) in paragraph (l), deleting the word “Nigeria” and substituting the word “National”; and (b) in paragraph (m), inserting the word “Federal” immediately before the words “Police Service Commission”.
Clause 8 of the bill also seeks to alter Section 157(2) of the Constitution by deleting the words “Nigeria Police Council” and substituting the words “National Police Council”, and by deleting the words “Police Service Commission” and substituting the words “Federal Police Service Commission”.
Clause 9 further seeks to alter Section 158(1) of the Constitution by inserting immediately after the words “Federal Character Commission” the words “, the Federal Police Service Commission”.
Clause 10 also seeks to alert Section 160 by inserting immediately after subsection (2) a new subsection (3) as follows: “(3) Notwithstanding subsection (1) of this section, the Federal Police 19 Service Commission may, without the approval of the President, make rules regulating its own procedure or conferring powers and imposing duties on any officer or authority for the purpose of discharging its functions under this Constitution or an Act of the National Assembly.”
Clause 11 seeks to alter Section 197(1) of the Constitution by inserting immediately after paragraph (c) a new paragraph (d) as follows: “(d) where a State Police Service is established for the State pursuant to section 214 of this Constitution, a State Police Service Commission.”
Clause 12 also seeks to amend Section 201(2) of the Principal Act by inserting immediately after the words “State Judicial Service Commission” the words “the State Police Service Commission”.
Clause 13 also seeks to alter Section 202 by inserting immediately after the words “State Judicial Service Commission” the words “the State Police Service Commission”.
Clause 14 seeks to alter Section 204 by inserting immediately after subsection (1) a new subsection (1A) as follows: “Notwithstanding subsection (1) of this section, the State Police Service Commission may, without the approval or control of the Governor, make rules regulating its own procedure or conferring powers and imposing duties on any officer or authority for the purpose of discharging its functions under this Constitution, an Act of the National Assembly or a Law of the House of Assembly.”
Clause 15 also seeks to amend Chapter VI, Part III of the Constitution by deleting the sub-heading “B – Nigeria Police Force” and substituting the sub-heading “B- Federal and State Police Services”.
Clause 16 also seeks to delete Section 214 and substitute it with the following new section: “214. Federal and State Police Services: (1) There shall be a police service for the Federation to be known as the Federal Police Service; (2) There shall be established for each State of the Federation a State Police Service subject to this Constitution and an Act of the National Assembly. (3) No State Police Service shall commence operational policing unless it has been established by a Law of the House of Assembly of the State and certified as meeting national minimum standards in the manner prescribed by an Act of the National Assembly.
Clause 16(4) also provides that Unless and until a State Police Service commences operational policing under subsection (3) of this section, the Federal Police Service shall continue to perform policing functions in that State; and after such commencement, the Federal Police Service shall continue to perform federal policing functions and may provide assistance to the State Police; (5) The Federal Police Service shall be responsible for rede policing functions, including the enforcement of laws of the Federation, policing of the Federal Capital Territory, Abuja, protection of federal institutions and assets, and policing matters with inter-State, international, organised-crime, terrorism, cybercrime, arms-trafficking, border-security, national-security or other federal dimensions as may be prescribed by an Act of the National Assembly.
(6) A State Police Service shall, within the State for which it is established, be responsible for the enforcement of laws of the State, the maintenance of public safety and public order, the prevention and detection of offences within its policing competence, the protection of life and property, and such local policing functions as may be prescribed by a Law of the House of Assembly of the State, subject to this Constitution and national minimum standards prescribed by an Act of the National Assembly.
(7) A State Police Service shall not exercise police powers outside the State for which it is established except as authorised by an Act of the National Assembly.
(8) No police service, police organisation or armed body exercising police powers shall be established for the Federation, a State, a Local Government Area or any part thereof except in accordance with this Constitution and laws made pursuant to it; but nothing in this subsection shall prevent the establishment by law of unarmed traffic, emergency management, environmental, neighbourhood safety or community support services that do not exercise police powers.
(9) The Federal Police Service and every State Police Service shall cooperate, exchange information and provide mutual assistance in the manner prescribed by an Act of the National Assembly.
(10) The Federal Police Service may temporarily intervene in the internal security affairs of a State and may, to the extent necessary, assume specified operational responsibility, including temporary operational command of a State Police Service or any part thereof, only where – (a) there is an actual or imminent breakdown of public order or public safety which the State Police Service is unable or unwilling to contain; (b) the Governor of the State requests federal intervention; (c) the State Police Service is unable to function by reason of serious administrative, financial, operational or other incapacity and that incapacity creates an actual or imminent threat to public safety, public order, the enforcement of this Constitution or the protection of life and property; (d) there is substantial evidence that the State Police Service is being used for egregious or systematic violation of fundamental rights, partisan or electoral intimidation, ethnic, religious or sectional persecution, or unlawful obstruction of this Constitution, an Act of the National Assembly, a Law of the House of Assembly or an order of a court; or (e) the situation presents a substantial threat to national security, the sovereignty or integrity of the Federation, or public safety across State boundaries.
(11) An intervention under subsection (10) of this section shall be temporary, necessary, proportionate and limited to the territory, functions and period required to address the breakdown, incapacity, abuse or threat.
(12) An intervention under subsection (10) of this section shall be authorised in writing by the President and shall state the grounds, territory, functions and duration of the intervention; and notice of the intervention shall be given to the Governor of the State, the Speaker of the House of Assembly of the State, the National Police Council and the National Assembly within forty-eight hours of the start of any intervention.
(13) No intervention under subsection (10) of this section shall continue beyond such period as may be prescribed by an Act of the National Assembly unless approved by resolution of the Senate in the manner prescribed by that Act.
(14) The legality, scope, duration and conduct of an intervention under this section shall be subject to judicial review; and no intervention shall dissolve a State Police Service or suspend the elected institutions of a State except in accordance with this Constitution.”
Clause 17 further seeks to delete Section 215 of the Constitution and substitute it with the following new section: “215. Appointment, command, directions and tenure: (1) The Federal Police Service shall be headed by an Inspector-General of Police appointed by the President on the advice of the National Police Council, subject to confirmation by the Senate and to such qualifications as may be prescribed by an Act of the National Assembly.
(2) The Federal Police Service shall be under the command of the Inspector-General of Police, including contingents of the Federal Police Service stationed in a State subject to this Constitution and any Act of the National Assembly.
(3) The President, or such Minister of the Government of the Federation as the President may authorise, may give lawful directions in writing, being directions of general policy, to the Inspector-General of Police with respect to the maintenance and securing of public safety and public order.
(4) A State Police Service shall be headed by a Commissioner of Police of the State appointed by the Governor of the State on the recommendation of the National Police Council, subject to confirmation by the House of Assembly of the State and to such qualifications and national minimum standards as may be prescribed by an Act of the National Assembly.
(5) A State Police Service shall be under the command of the Commissioner of Police of the State, subject to this Constitution, an Act of the National Assembly, a Law of the House of Assembly of the State and any lawful federal intervention under section 214 of this Constitution.
(6) The Governor of a State, or such Commissioner of the Government of the State as the Governor may authorise, may give lawful directions in writing, being directions of general policy, to the Commissioner of Police of the State with respect to the maintenance and securing of public safety and public order in the State.
(7) No direction under this section shall require the arrest, detention, investigation, non-investigation, deployment or use of force against any named person, political party, association or class of persons except in accordance with law; or require a police service or any member of a police service to act unlawfully, violate fundamental rights, suppress lawful political activity, discriminate against any person or group, or enforce the law for a partisan, ethnic, religious, sectional or personal purpose.
(8) The Inspector-General of Police or a Commissioner of Police of a State may request the appropriate Police Service Commission to review any direction which that officer considers unlawful or inconsistent with national minimum standards, and nothing in this subsection shall oust the jurisdiction of a court.
(9) The Inspector-General of Police shall not be suspended or removed except for stated cause, in accordance with a fair hearing, on the recommendation of the National Police Council and subject to approval by a resolution supported by not less than a two-thirds majority of the Senate.
(10) A Commissioner of Police of a State shall not be suspended or removed except for stated cause, in accordance with a fair hearing, on the recommendation of the National Police Council and subject to approval by a resolution supported by not less than a two-thirds majority of members of the House of Assembly of the State.”
Clause 18 further seeks to delete Section 216 and substitute it with the following new section: “216. National policing standards, oversight and accountability: (1) The National Assembly shall by an Act prescribe national minimum standards applicable to the Federal Police Service and every State Police Service, including standards on recruitment, vetting, training, certification, appointment, promotion, discipline, conduct, use of force, firearms, custody, complaints, criminal information, intergovernmental cooperation, public reporting and accountability.
(2) A Law of a House of Assembly may prescribe standards for a State Police Service that are higher than or additional to national minimum standards but shall not derogate from or fall below those standards.
(3) An Act of the National Assembly shall provide for independent arrangements for policing standards, inspection, certification, complaints, reporting, criminal information systems, data-sharing, federal intervention, grants and accountability, and may confer functions for those purposes on an existing body or a body established by that Act.
(4) Members of the Federal Police Service and of a State Police Service may bear only such arms, ammunition and equipment as may be authorised by an Act of the National Assembly, and every use of force by a police service shall be lawful, necessary, proportionate and accountable.”
Clause 19 seeks to alter the Second Schedule in Part I, by deleting item 28 and substituting the following new item 28: “Fingerprints, identification, biometric, forensic, custody and criminal records, subject to the collection, retention, use and sharing of such records by a State Police Service in accordance with this Constitution and an Act of the National Assembly.”
(b) In Part I, by deleting item 45 and substituting the following new 45, which provides that “Federal Police Service and other government security services established by law for the Federation.”; and (c) in Part II, by inserting immediately after paragraph 20A a new paragraph 20B as follows: “20B. Police and policing standards: (1) The National Assembly may make laws for the Federation or any part thereof with respect to: (a) the establishment, organisation, administration, powers and duties of the Federal Police Service; (b) organisation, powers and duties, and national minimum standards for all police services;
(c) policing standards, inspection, certification, complaints, criminal information systems, inter-governmental cooperation, federal intervention, use of force, firearms, grants and accountability; and (d) any matter necessary to give effect to sections 214 to 216 of this Constitution.
(2) A House of Assembly of a State may make laws for the establishment, administration, funding and oversight of a State Police Service for that State, subject to this Constitution and to any Act of the National Assembly validly made under subparagraph (1) of this paragraph.
(3) No Act of the National Assembly made under this paragraph shall confer on any federal authority routine command, deployment, appointment, promotion, transfer, suspension, dismissal or disciplinary control over any member of a State Police Service, except to the extent expressly authorised by this Constitution for federal intervention under section 214; and the enforcement of national minimum standards shall not amount to routine operational or personnel control over a State Police Service.”
Clause 20 also seeks to alter Part 1 of the Third Schedule of the Constitution in paragraph 8(1)(a), by deleting the words “Nigeria Police Force” and substituting the words “Federal Police Service”; (b) by deleting the sub-heading “L – Nigeria Police Council” and substituting the sub-heading “L-National Police Council”; (c) by deleting paragraph 27 and substituting the following new paragraph 27: “27. The National Police Council shall comprise the following members- (a) a Chairman to be appointed by the President, subject to confirmation by the National Assembly; (b) Attorney-General of the Federation; (c) a serving police officer not below the rank of a Deputy Inspector General of Police to represent the Federal Police Service: (d) the Attorney-General of each State of the Federation; (e) six retired Police officers not below the rank of Commissioner of Police representing each of the geo-political zones of the country to be appointed by the President, subject to confirmation by the National Assembly; (f) one representative of the National Human Rights Commission; (g) one representative of the Public Complaints Commission; (h) a representative of the Nigeria Labour Congress to be nominated by the President of the Nigerian Labour Congress; (i) a representative of the Nigerian Bar Association to be nominated by the President of the Nigerian Bar Association; and (j) the Secretary to the Council to be appointed by the President, which shall be the Head of the Council Secretariat and responsible for its administration subject to this Constitution and an Act of the National Assembly.”
(d) by deleting paragraph 28 and substituting the following new paragraph 28: “28. The functions of the National Police Council shall include-(a) the organisation and administration of the Federal Police Service and all other matters relating thereto (not being matters relating to the use and operational control of the Service or the appointment, disciplinary control and dismissal of members of the Service); (b) recommending to the President on the appointment and removal of the Inspector-General of Police; (c) recommending to the Governor of a State on the appointment and removal of the Commissioner of Police; (d) coordinate national policing policy and inter-governmental cooperation between the Federal Police Service and the State Police Services pursuant to this Constitution and any Act of the National Assembly;
(e) supervising the activities of the Federal Police Service and State Police Services to the extent provided for in this Constitution or an Act of the National Assembly; and (f) perform such other functions as may be conferred upon it by this Constitution or an Act of the National Assembly.”
Clause 2 seeks to alter Part I of the Third Schedule of the Constitution by deleting the sub-heading “M – Police Service Commission” and substituting the sub-heading “M-Federal Police Service Commission”; (b) in paragraph 29, by deleting the words “The Police Service Commission” and substituting the words “The Federal Police Service Commission”; and (c) by deleting paragraph 30 and substituting the following new paragraph 30: “30. The Federal Police Service Commission shall have power to-(a) appoint persons to offices in the Federal Police Service, other than the office of the Inspector-General of Police; (b) promote, transfer, dismiss and exercise disciplinary control over persons holding offices in the Federal Police Service, other than the office of the Inspector-General of Police; and (c) perform such other functions as may be conferred upon it by this Constitution or an Act of the National Assembly.”
Clause 22 further seeks to alter Part II of the Third Schedule by inserting immediately after paragraph 6 a new sub-heading “D-State Police Service Commission” and new paragraphs 7 and 8 as follows: “D-State Police Service Commission:
(7) A State Police Service Commission shall comprise the following members: (a) a Chairman; and (b) such number of other persons as may be prescribed by an Act of the National Assembly.
(8) A State Police Service Commission shall have power to-(a) recommend to the National Police Council persons qualified for appointment as Commissioner of Police of the State; (b) appoint persons to offices in the State Police Service, other than the office of Commissioner of Police of the State; (c) promote, transfer, dismiss and exercise disciplinary control over persons holding offices in the State Police Service, other than the office of Commissioner of Police of the State; (d) exercise oversight, complaints and accountability functions relating to the State Police Service in accordance with this Constitution, an Act of the National Assembly and a Law of the House of Assembly; and (e) perform such other functions as may be conferred upon it by this Constitution, an Act of the National Assembly or a Law of the House of Assembly.”
Clause 33 also seeks to alter Part II of the Fifth Schedule by deleting paragraph 9 and substituting the following new paragraph 9 which stipulates that: “The Inspector-General of Police, Deputy Inspectors-General of Police, Assistant Inspectors-General of Police, Commissioners of Police, Deputy Commissioners of Police, Assistant Commissioners of Police and all other members of the Federal Police Service, any State Police Service and any other government security service established by law; and the Chairman, members and staff of the Federal Police Service Commission and any State Police Service Commission.”
Clause 24 of the Bill also seeks to alter Section 318(1) in the definition of “public service of the Federation”, by deleting the words “Nigeria Police Force” wherever they occur and substituting the words “Federal Police Service”; (b) in the definition of “public service of a State”, by inserting a new paragraph to include “members and staff of a State Police Service and of a State Police Service Commission established for the State”; and (c) by inserting the following new definitions in the appropriate alphabetical order: “Federal Police Service” means the police service established for the Federation under section 214 of this Constitution; ‘a national minimum standards” means the minimum policing standards prescribed by an Act of the National Assembly pursuant to sections 214 to 216 of this Constitution; “police powers” includes powers of arrest, detention, search, seizure, criminal investigation, use of force, public order management, custody of suspects and enforcement of criminal law; “police service” means the Federal Police Service or a State Police Service established pursuant to this Constitution;
“State Police Service” means a police service established for a State by a Law of the House of Assembly pursuant to section 214 of this Constitution; “State Police Service Commission” means a body established for a State pursuant to section 197 and Part II of the Third Schedule to this Constitution.
Clause 25, which provides the framework for the ‘Transitional and Savings Provisions’, provides that: “(1) Upon the commencement of this Act, the Nigeria Police Force established under section 214 of the Constitution before its alteration by this Act shall continue as the Federal Police Service until restructured in accordance with this Constitution and an Act of the National Assembly.
(2) The person holding office as Inspector-General of Police and every person serving as a member of the Nigeria Police Force immediately before the commencement of this Act shall continue in office as the Inspector-General of Police or as a member of the Federal Police Service, as the case may be, subject to this Constitution and any Act of the National Assembly.
(3) The Police Service Commission and the Nigeria Police Council existing immediately before the commencement of this Act shall continue as the Federal Police Service Commission and the National Police Council respectively, subject to this Constitution and any Act of the National Assembly.
(4) The Federal Police Service shall continue to police every State until a State Police Service for that State commences operational policing in accordance with this Constitution and an Act of the National Assembly and shall continue thereafter to perform federal policing functions in that State.
(5) No existing State, local, community, vigilante, neighbourhood, traffic or other security outfit shall, by reason only of this Act, become a State Police Service or exercise police powers or bear firearms unless authorised in accordance with this Constitution and an Act of the National Assembly.
(6) Existing laws, regulations, instruments and proceedings referring to the Nigeria Police Force, the Nigeria Police Council or the Police Service Commission shall, with necessary modifications and until amended or repealed, be construed as referring to the Federal Police Service, the National Police Council or the Federal Police Service Commission respectively.”
Recall the bill which scaled through Second Reading during Tuesday’s plenary was referred to the Special Ad-hoc Committee on Constitution Review for further legislative action.
In line with legislative practice, the Special Ad-hoc Committee chaired by Hon. Benjamin Kalu is expected to present its report to the House for further legislative action and subsequently pass it through Third Reading.