The Unsatisfactory State of Our Justice System (3)
Slow pace of reforms failing the Nigeria Police
In this third, in a series of write-ups on the unsatisfactory state of our Administration of Justice System, Olawale Fapohunda and Onikepo Braithwaite, argue that the Nigeria Police in its present state, cannot secure the confidence and cordial cooperation of Nigerians. They decry the slow pace of Police reforms, while proposing an actionable reform agenda, for the consideration of President Muhammadu Buhari
Paying Lip Service to Police Reform
There has been almost two decades of discussion on police reform by government created committees and commissions. Previous governments implemented none of their major recommendations. The promise of the Buhari administration, of a radical overhaul of the Nigeria Police, has not been met either. So far, we have seen a miserable combination of limited reforms or no reforms, in making the police relevant to the security needs of Nigerians.
Even in the face of terrorist attacks on our major cities and villages, including rampaging herdsmen, kidnappers, violent armed robberies and the serious internal threat from Boko Haram, the political class continues to pay lip service to police reforms. Ideas on strengthening the intelligence gathering ability of our police, bringing about coherence and coordination between the police and different security agencies, enabling our cities with infrastructure to deter terrorist attacks, and most importantly, making police people-friendly and more acceptable to Nigerians, have been met with the lackadaisical attitude of political authorities, and are mired in politics.
Key Areas of Reforms:
The reform of the Nigeria Police, will require a wide range of reforms aimed at making the institution accountable and service-oriented. It is worth restating, for emphasis, many of the suggested proposals for police reforms.
Law Reform
The enactment of an appropriate legal framework, is an important step towards ensuring sustainable reform of the Nigeria Police. In this regard, one needs to note that, the
basic framework for policing in Nigeria was made way back in 1968 with little changes till date.
A bill to amend the Police Act, was first debated in the House of Representatives in 2000. More than 16 years after, neither this bill nor the subsequent ones proposed by members in the Senate and House of Representatives, have not managed to be passed into law by either House. It is beyond comprehension, that having failed or neglected to review the archaic Police Act, the House of Representatives is presently debating a Police Trust Fund Bill. A tragic case of putting the cart before the horse. One is simply unable to appreciate the rationale behind the enactment of a law to fund an institution, whose enabling law is presently irrelevant to the needs of the police or that of Nigerians.
The House of Representatives either failed to recognise, or conveniently ignored the fact that, most of the ills afflicting the Nigeria Police could be ascribed to the system established by the Police Act of 1968, and the philosophy of policing that was prescribed. The Police Trust Fund Bill, is certainly not the antidote to the ailment afflicting the Nigeria Police.
Conditions of Service
The key resource available to the Nigeria Police to fulfil its mandate, is the human resources at its disposal. This page has severally called for a holistic review of the conditions of service of police officers, to undercut the incentive for corrupt behaviour. This includes the review of salaries, welfare benefits, insurance and the police pension scheme. Of utmost importance, is the need to intervene in the working environment of police officers. The practice of housing police stations in improvised accommodations, is a major concern. Majority of police stations in Nigeria, do not meet minimum conditions for police work, including the detention and interrogation of persons who come into conflict with the law.
Anti- Corruption Measures
A culture that attaches no stigma to corruption, is an ingredient for inefficiency and corruption. The lukewarm enforcement of an efficient and credible performance appraisal system, linked with an adequate and transparent reward and punishment mechanism within the Nigeria Police, is an important concern. A punishment- and rewards- based system, is critical to minimising corruption. Strong accountability mechanisms and attractive compensation policies, are essential elements of a corruption-free system. There is a need for a strong system of Public Finance Management, that ensures that the funds budgeted and released to the Nigeria Police, are utilised for the intended purposes, and that sufficient transparency allows for public verification. Complaints Handling There is considerable unhappiness, with the system of inquiring into complaints against the police. In many parts of the South South and the South East, complaints of abuse, torture and extra judicial killings against officers of the Special Anti Robbery Squad (SARS), have become almost the norm. Investigation of police officers by their own, is widely regarded as unjust, and does not inspire public confidence. No police accountability mechanism, can be considered fair if it fails to inspire public confidence. The trend all over the world, is to set up an independent complaints authority to inquire into cases of police misconduct, which work openly, quickly, effectively, impartially and with adequate resources and authority to guarantee independent and fair investigations.
Community Policing
Community policing, is perhaps, the most misunderstood "IT IS BEYOND COMPREHENSION THAT HAVING FAILED OR NEGLECTED TO REVIEW THE ARCHAIC POLICE ACT, THE HOUSE OF REPRESENTATIVES IS PRESENTLY DEBATING A POLICE TRUST FUND BILL. A TRAGIC CASE OF PUTTING THE CART BEFORE THE HORSE" and frequently abused themes in police management in Nigeria. In a previous article, we said that the Nigeria Police appears to have misunderstood the essence and concept of community police. Organisational tinkering and advertisements on national television stations, cannot by any stretch of imagination be labeled community policing. We said that community policing, is not a program that can be launched like a book launch. It is a value system in which the primary organisational goal, is working cooperatively with individual citizens, groups of citizens, and both public and private organisations, to identify and resolve crime, safety and security issues. In our view, the road to community policing, must first start with citizens confidence in the police. We are not there yet.
Summing Up
Providing a sense of security to all Nigerians, irrespective of money, ethic group, gender or any other difference and attending to their grievances, is dependent on the establishment of a police, which is efficient, honest and professional to the core. The fact that such a police does not exist in Nigeria, is attested to by the findings of the various commissions and committees, the complaints received by the human rights commission, the stories reported by the press, and the experiences of the common people on the streets. The need for police reforms is therefore, self evident and urgent.
Proposed Six Presidential Directives on Police Reform
It will be a matter of much regret, if at the end of the Buhari administration, we have made little or no progress with police reforms. Achieving ‘change’ in the Nigeria Police, will not happen overnight. Nevertheless, the process of ‘changing’ the police must be accelerated, to keep up with the expectations of Nigerians, particularly those of the poorest and most vulnerable communities. We now suggest six legal, policy and administrative presidential directives, for the consideration of President Buhari. In our considered opinion, these directives provide practical measures for managing the transformation of the Nigeria Police. Directive 1: Direct the Ministry of Interior and the Federal Ministry of Justice, to draft a new Police Bill consistent with the spirit of the 1999 Constitution. The new law should be aimed at facilitating human rights, gender equality, pro-poor policing and enhancement of community policing. Further, the proposed law, should emphasise transparency in the appointment of the Inspector General of Police, through a meritocratic and competitive process with a fixed tenure of office.
Directive 2: Direct the Ministry of Interior to review the reports of Presidential Committees on Police Reform from 1999, with a view to articulating their useful recommendations into an actionable agenda for police reform.
Directive 3: Direct the Inspector General of Police to undertake an audit of manpower, vehicles, training institutions and other resources of the Police Force, with a view to identifying and prioritising specific areas of need for appropriate intervention.
Directive 4: Direct the Secretary to the Federal Government, to formally appoint the National Human Rights Commission as Nigeria’s independent police ombudsman, with strong authority to receive complaints from the public on matters of police corruption including, abuse of power and extrajudicial killings.
Directive 5: Direct the National Orientation Agency, to convene a National Dialogue on the desirability of State Police. While we strongly believe that what Nigeria’s needs today, is not a Federal or State Police, but an efficient and effective Police Service, the proposed national dialogue will provide an opportunity for citizens participation in the police reform process.
Directive 6: Direct the Secretary to the Federal Government to convene an extra-ordinary meeting of the Nigeria Police
Council, to receive briefings and make inputs into the implementation of Directives 1-5 as listed above.