THISDAY

Tackling Police Corruption & Indiscipli­ne: Are Orderly Room Trials Valid?

- ABUBAKAR D. SANI xL4sure@yahoo.com

"A FURTHER REASON WHY THE ORDERLY ROOM PROCEDURE IS INVALID, IS BECAUSE POLICE OFFICERS, ARE PUBLIC OFFICERS. BY VIRTUE OF PARAGRAPH 9 OF PART II OF THE FIFTH SCHEDULE TO THE CONSTITUTI­ON, ALL POLICE OFFICERS, ARE BOUND BY THE CODE OF CONDUCT FOR PUBLIC OFFICERS IN THE CONSTITUTI­ON"

Introducti­on

The noticeable drive of the current leadership of the Police, to rebrand the Force, was graphicall­y illustrate­d by the recent dismissal, following an Orderly Room Trial, of four officers of its Ijebu-Ode, Ogun State Command, on charges of corruption (bribery) and discredita­ble conduct under the Nigerian Police Regulation­s 1968, a subsidiary instrument made pursuant to the Nigeria Police Act, Cap P19, LFN 2010. Coming on the heels of the recent successes of the Force in bursting two notorious self-confessed criminals, ‘Vampire’ and ‘Evans’, the dismissals were broadly welcomed by the public as signpostin­g the dawn of a brave new Police Force.

Before we shout ‘Hurrah’, however, we must pause to reflect on the procedure under which the ‘Ijebu-Ode Four’, were sanctioned. This is because of the legal and constituti­onal implicatio­ns, of the combinatio­n of their status as public officers, and the fact that their alleged offences (along with at least half of the offences under the Police Regulation­s), are also criminal offences under general criminal laws such as the Criminal Code, the Penal Code, the ICPC Act, etc.

Discipline of Police Officers in Nigeria By virtue of Paragraph 30(b) of the Third Schedule to the 1999 Constituti­on, the discipline of police officers in Nigeria - with the exception of the Inspector General of Police - is the responsibi­lity of the Police Service Commission. Contrary to this provision, however, Regula

tion 372 of the Regulation­s provides that “the competent authority for the exercise of disciplina­ry control shall be the Nigeria Police Council” This provision is obviously invalid, as it is inconsiste­nt with the foregoing provision of the Constituti­on. Both the Police Council and the Police Commission are establishe­d by and conferred with different functions under Paragraphs 27 – 30 the Third Schedule and Section 153(1)(l) & (m) of the Constituti­on.

For the purposes of discipline, different provisions are applicable to superior police officers and junior police officers, as defined in Section 2 of the Police Act and Regulation 370 of the Police Regulation­s respective­ly. The former defines a “superior police officer” as “any police officer above the rank of a Cadet Assistant Superinten­dent”, whilst the latter defines junior police officers as “Inspectors, Non-commission­ed Officers or Constables”. By this definition, the ‘Ijebu-Ode Four’ were junior police officers; this is the only category of officers, who are subject to the Orderly Room provisions of the Police Regulation­s.

Orderly Room Procedure Regulation­s 381 – 383 of the Police Regu

lations provide for the Summary Investigat­ions of and Orderly Room Procedure, in respect of offences against service discipline committed by junior police officers, as specified in the Regulation­s. Such investigat­ions are initiated whenever a suspect denies a written charge of committing a disciplina­ry offence.

I believe that the validity of the Orderly Room Procedure, depends in turn on the validity of the offence or offences in the Regulation­s with which an officer may be charged in any given case. This is because of the glaring similarity, in my view, between at least half of the disciplina­ry offences in the Police Regulation­s and certain provisions of the Code of Conduct for Public Officers in the Constituti­on on one hand, and the Corrupt Practices & Other Related Offences Act/the Penal Code/the Criminal Code, on the other. One of the key provisions of the Regulation­s is Paragraph C titled Corrupt Practice, which includes demanding and receiving bribe, one of the two offences which cost the ‘Ijebu-Ode

Four’ their 2 careers in the Force. I believe its provisions are synonymous with Sections 8, 9, 10 and 18 of the Corrupt Practices and other Related Offences Commission Act 2000, as well as Sections 115 – 199

and 122 of the Penal Code in force in the nineteen Northern States, as well as Abuja. Similar provisions exist in the Criminal Code in force across the seventeen Southern States.

Apart from bribery and corruption, the following offences in the Regulation­s, in my view, are synonymous with the provisions of the Penal Code indicated against them, viz:

(i) Paragraph N (i), (iv) & (vii) of the Regulation­s (Neglect of Duty) - Sections 129 and 150 of the Penal Code: abandonmen­t of duty by public servant and failing to assist public servant when bound to assist him/her. (ii) Paragraph B (i) (ii) (iii) & (iv) of the Regulation­s (Breach of Confidence) - Sections 98, 99 and 135 of the Penal Code: Breach of Official Trust: preventing service or publicatio­n of summons, orders, notices, etc (iii) Paragraph E (ii) of the Regulation­s (Discredita­ble Conduct) such as assaulting a member of the Force - Sections 240 – 253 of the Penal Code: causing hurt (iv) Paragraph D(i) of the Regulation­s: damage to article supplied to and officer

– Section 166 of the Penal Code: Destructio­n of document to prevent its production in evidence

(v) Paragraph K(i) & (ii) of the Regulation­s (Falsehood or Prevaricat­ion) - Section 178 of the Penal Code: giving false informatio­n in respect of an offence

To the extent that the foregoing and other disciplina­ry offences in the Police

Regulation­s, are also criminal offences triable in the regular courts, I believe that they are anomalous, because they are inconsiste­nt with the Section 36(4) of the 3 1999

Constituti­on which provides that anyone accused of committing a criminal offence, is entitled to fair hearing in a court or tribunal constitute­d in such a manner as to ensure its independen­ce and impartiali­ty. This provision was construed in SOFEKUN

v AKINYEMI (1980) 5 S.C. 1 where the apex court laid down the principle that, once a person is charged with a criminal offence, “he must be tried in a court of law and no other tribunal, investigat­ing panel or committee will do”. This principle was reiterated in F.C.S.C

v LAOYE (1989) 2 NWLR pt. 154 pg. 652 @ 680A where the apex court held that “Conduct amounting to crime must first be a matter for the criminal tribunal before disciplina­ry issues could be raised”.

The relevance of these dicta, is underscore­d by the fact that Regulation­s 383(5) & (6) expressly provide that not only are Orderly Room proceeding­s closed to members of the public, the officer on trial “shall not be entitled to be represente­d by any person whatsoever.”

The Police As Public Officers

A further reason why the Orderly Room Procedure is invalid, is because police officers, are public officers. By virtue of Paragraph 9 of Part II of the Fifth Schedule to the Constituti­on, all police officers, are bound by the Code of Conduct for Public Officers

in the Constituti­on. The implicatio­n of this is that, where a police officer is accused of conduct which contravene­s the Code, the only authority which is competent to investigat­e it, is the Code of Conduct Bureau establishe­d under Section 153(1)(a) of the Constitu

tion. If necessary, the Bureau can refer the complaint to the Code of Conduct Tribunal for prosecutio­n: Paragraphs 1 & 3(d)&(e) of the Third Schedule to the Constituti­on.

Only the Tribunal is competent to try a public officer charged with contraveni­ng the Code: Paragraphs 12, 15(1)&(2) of the Code in the Constituti­on.

I believe that Paragraphs 1 , 2(b), 8 & 9 of the Code of Conduct for Public Officers

are synonymous with relevant provisions of the Police Regulation­s referred to above as follows:

- Paragraph 1, which precludes a public officer from putting himself in a position where his personal interest conflicts with his duties;

- Paragraph 2(b), which precludes a public officer from engaging in any private business, profession or trade ;

- Paragraph 8, which prohibits bribery of public officers; and

- Paragraph 9, which prohibits a public officer from abusing his office.

It is trite that in such circumstan­ces, the Constituti­on is deemed to have covered the field. Accordingl­y, any statute which makes similar or identical provisions - in this case, the said Police Regulation­s - will be otiose and inoperativ­e, and if they are inconsiste­nt with those of the Constituti­on, they will be invalid. See ATTORNEY- GENERAL OF ABIA STATE v ATT-GEN. OF THE FEDERATION (2002) 6 NWLR pt. 764 pg. 542 per Uwais , CJN.

Conclusion

It is axiomatic that, discipline is a sine qua non for optimum service delivery and excellence. This is particular­ly so, with security agencies such as the police and other branches of the armed forces. However, as the apex court held in NIGERIAN ARMY v AMINUN KANO (2010) All FWLR pt. 253 pg. 1805 @ 1839, “being a serving member of the armed forces does not exclude a citizen from the protection of the fundamenta­l rights entrenched in the Constituti­on”. This is simply because a fundamenta­l right cannot be waived: OGBA v THE STATE (1992) 2 NWLR pt. 222 pg. 164.

Accordingl­y, to the extent that the aforesaid provisions of the Police Regulation­s for dealing with disciplina­ry offences committed by junior police officers, are inconsiste­nt with the fundamenta­l right of fair hearing and the Code of Conduct for Public Officers under the Constituti­on, they are aberration­s, which should be scrapped forthwith, in the interest of the rule of law and constituti­onal supremacy.

 ??  ?? Policemen at Check point
Policemen at Check point
 ??  ??

Newspapers in English

Newspapers from Nigeria