Time for State Police is Now
“PROPONENTS OF STATE POLICE LIKE MY HUMBLE SELF, ARGUE THAT THIS IS CONSISTENT WITH THE PRINCIPLE OF TRUE FEDERALISM AND DECENTRALISATION OF POWERS; AS THE ARRANGEMENT WOULD ENABLE THE STATES TO EFFECTIVELY MAINTAIN LAW AND ORDER, ESPECIALLY DURING EMERGE
NIntroduction
igeria is currently in a state of security quagmire. There are so many biting challenges facing our beloved country. Insecurity of lives and properties, has taken the centre stage. For over a decade now, Nigeria has been facing the heinous torture of Boko Haram, Fulani headsmen, kidnapping, armed robbery and militancy, all of which have claimed hundreds of thousands of lives of innocent Nigerians. With these wanton killings, many have wondered if truly Nigeria indeed has security agencies, paid with tax payers money, to protect lives and properties. Notwithstanding the existence of the Army, Navy, Airforce, Nigeria Police Force, DIA, NIA, the Nigeria Security and Civil Defence Corps and the Department of State Security Services (DSS), unspeakable crimes still take place unabated. Of all these security agencies, the Nigeria Police Force is the one that is constitutionally saddled with the responsibility of the day-to-day protection of lives and properties of Nigerians. While Nigeria is still reeling from the April, 2014 abduction of Chibok girls, one year to the 2015 elections, the spectre of yet another abduction of school girls has just been reenacted at the Government Girls Secondary and Technical College, Dapchi, Yobe State. It was perpetrated by the same Boko Haram insurgents.
Many concerned Nigerians have cried out, and suggested ways and means to improve on our security situation. One of such suggestions is the creation of State Police.
Origin and State of Policing in Nigeria
“Police” is a word derived from the Greek word, “Polis”, which consists of non- ecclesiastical administration that has to do with safety, health and public order of the State. Though derived from the Greek, it was the Romans that actually perfected the system, with the Roman “Policies”, which equated with the Greek “Politeira” – a symbol of power that resided in a central authority. In the UK, policing developed as a local affair, which makes every person maintain law and order.
State or Provincial Police, constitutes a type of sub-national territory Police Force that abounds particularly in the Oceania, South Asia and North America. State Police simply means the absence of a centralised national Police Force, which is outside the control of the IGP. This means a death blow to the over bleated, behemoth Federal Police Force, established under sections 214 and 215 of the 1999 Constitution of Nigeria. Section 214 thereof provides for a unified and centralised Police Force that operates from the centre, and prohibits the establishment of any other form of policing in Nigeria. By virtue of section 215(3), the President or Minister of Police Affairs, may give directives to the IGP on matters bordering on maintenance of law, public order and safety. Although section 215 of the Constitution makes the Governor of a State the Chief Security Officer of the State, section 215(4) however, takes away this authority, by providing that a Commissioner of Police given certain directives by the Governor may insist that such matter be first referred to the IGP or President, before he can take action.
This was why and how Governor Ortom of Benue State, cried out. Herdsmen had given him notice of a future attack. The State Commissioner of Police was aware. The helpless Governor, cried to the centre in Abuja. No help came. The herdsmen attacked. The Governor wept like a baby. Lives were lost. A Mass burial took place. The world was shocked.
It appears that Nigeria is the only prominent democracy in the world, that still maintains a unified central Police Force over a population of 180 million people, 36 Federal States, and 774 LGAs. The New York Police Department, is one of the most organised Police Forces in the world, founded by the New York City government that is headed by a Mayor. In the UK, there are about 45 territorial Police Forces and three special Police Forces. So, why must Nigeria retain her non- functional centralised Police Force?
What is State Police All About?: The Concept
State Police can be described as a body of Police Force, unique to each State of the Federation, having state wide authority to conduct law enforcement activities and criminal investigation, across that particular state. The concept of state policing, is not altogether a new phenomenon in Nigeria. It has been widely recommended, as one of the means to address the issue of insecurity in our country. This concept has received wide acceptance by most Nigerians, for their peculiar exclusive reasons. The government has recently joined. Some say that the Federal Police Command is incompetent, or has failed in its duty of securing Nigerians. Some others believe that the closeness of State Police to the people, will help for more effective policing. I belong to this school. I have, over the years, advocated for state Police and community policing. From the 2005 National Political Conference (where I had the Civil society group); to the 2009 Vision 2020 (where I participated in the Law and Judiciary Thematic area); up to the 2014 National Conference (where I headed the sub group on the outcome of the Conference, within the legal, Law Reforms and Judiciary Committee), I have always shouted myself hoarse, on the desirability of embracing this true federalism concept. I stand by it. Its advantages, far outweigh its demerits.
State policing has therefore been defined as a Police Force under State authority, rather than under the authority of a federal, city or local government in the State. It has also been defined as the Police organised and maintained by a State, as distinguished from that of a lower sub-division (as a city or LGA) of the State Government (Mersim, 2012). However, in the Nigerian context, State Police consists of a kind of sub-national Police Force, which is organised, maintained and operates under the jurisdiction of a particular State Government, as against the Federal Government.
Arguments for and against the establishment of State Police Forces, have been going on for a very long time. Proponents of State Police like my humble self, argue that this is consistent with the principle of true federalism and decentralisation of powers; as the arrangement would enable the States to effectively maintain law and order, especially during emergencies. Such proponents criticise section 215(4) of the 1999 Constitution, for hindering Governors from the exercise of their power as Chief Security Officers of their respective States. We contend that, the Nigeria Police Force as it is today, cannot adequately protect Nigerians. The present Federal Police structure, is too detached from the more than 180,000,000 people. They cannot be effectively policed, with a force of less than 500,000 Police personnel; and hence, the need for States to start their own policing system. It is a truism that most crimes, like politics, are local. Consequently, States’ response to crimes must also be local. This may however, be done in collaboration with the Federal Police, as operates in developed nations of the world. Similarly, Nigeria’s geographical area, is too large and complex for a central Police Command. Thus, policing citizens should be the sole responsibility of the respective States, as this goes a long way in reducing criminal activities within the States and local government areas.
The Police as a security agency, should not depend on donations from individuals and corporate organisations. It should be maintained from the resources of such States, to avoid compromising its independence, impartiality and effectiveness.
The Fears
No doubt, the Nigerian Federation is very dysfunctional. It requires urgent restructuring. The creation of State Police, is one of the fundamental requirements of the call by patriots for the operation of true federalism in Nigeria. Some fear that State policing, would make Governors possess absolute powers to make use of State Police for some selfish and devious ambitions, such as illegal arrests and detention of opponents, without trial. While this assertion may be correct,