STATE POLICE: THE INCONVENIENT TRUTH
with the Federal Authorities to finance and fund the Federal Police.
IV. The implication of the above, is that the State Governments are actively funding a federal agency to enhance its effectiveness and efficiency. If this is so, the question is, why can’t the States have their own State Police to be funded by them directly?
Crime Investigation Let me talk very briefly on investigation, which is an essential factor in the jurisprudence of criminal justice. The quality of investigation, is directly related to the quality of criminal prosecution. The evidence acquired in the course of Police investigation, may be decisive of the outcome of a prosecution. Where
investigation is shoddy, it may be difficult, if not impossible, to secure the conviction of even a hardened criminal.
Perhaps one should recall some of the tragic instances of extra judicial killings, murders and assassinations that the nation has witnessed, and the Police has failed abysmally to have a successful in-depth investigation, leading to the apprehension of the criminals and/or their successful prosecution and conviction.
In December, 2001, the Attorney-General of the Federation and the Minister of Justice, Chief Bola Ige, SAN, was murdered right there in his residence at Ibadan, Oyo State. In September, 2002, Mr Barnabas Igwe, the Chairman of the Nigerian Bar Association, Onitsha Branch and his wife Amaka, were tragically murdered on the streets of Nnewi, Anambra State. In March, 2003, Chief Marshal Harry, the former National Vice Chairman of the All Nigerian Peoples Party (ANPP), was assassinated. In June, 2003, Mr. Ajibola Olanipekun, a distinguished Lawyer and politician, was murdered in Ibadan, Oyo State. Mr. Funsho Williams, a PDP governorship aspirant, was murdered in his home in Lagos, in July, 2006. So also was Mr. Bayo Otu, the Guardian Assistant News Editor, on September 20, 2009.
Of course, I must not forget to mention the assassination of Mr. Dele Giwa, in October 1996, a journalist and founding editor-in-chief of Newswatch Magazine, which pioneered the long list of assassinations. This, is in addition, to other forms of crime and criminal activities, including but not limited to, armed robbery and kidnapping that are going on in Nigeria today.
It is not that crimes of this nature, do not happen in some other nations of the world. They do happen, although not in the same magnitude or frequency as it is witnessed here. The difference however, between what happens in other nations of the world and Nigeria in this regard, is that the perpetrators of such crimes are not only fished out and promptly arrested, but they are also prosecuted and sanctioned. Hardly can such crimes in other nations of the world go unresolved, as occurs here in Nigeria.
The emphasis is, arrest and punishment of the offenders. This is totally lacking in Nigeria. I am not aware if any of the incidences listed above, have been successfully investigated, and the culprits arrested and punished.
Let us situate the above picture, with the terror incident that took place in Boston, USA, against some world athletes sometimes ago. The swiftness with which the Boston Police Force solved the riddle, including the arrest of the surviving terrorist was something else.
Need for State Police: Untenable Arguments Against State Police
In the face of all this, some people in Nigeria, still argue that we do not need a fundamental departure from the monolithic Police system that we have in Nigeria today, to a pluralistic arrangement that permits the establishment of State Police. The truth, no matter how inconvenient, is that the need for State Police has become so pronounced and made manifest, that having State Police has become inevitable for effective preservation of law and order, for prompt detection of crime, for swift apprehension of offenders, and efficient and effective protection of the lives and properties of our people. We can only continue to deceive ourselves, by arguing to the contrary.
The substantial argument against the plurality of Police Force in Nigeria i.e. State Police, is that it will be subject to abuse and misuse by political office holders. This, to me, is an untenable argument. The plurality structure, will not operate arbitrarily or discretionarily without the necessary regulatory framework capable of containing or removing possible abuses. Furthermore, the rules of engagement, will also be well structured, so as to make incidences of abuse minimal. I believe that we have outstanding legal draftsmen in the legal profession, who can take care of this for the respective States.
The potency of the argument on the abuse and misuse of State Police though presumptuous, is defeated, I submit, if we accept the truth that even the present monolithic Police system, is not only subject to abuse and misuse, but has in fact and indeed in some cases and situations, been abused and misused. I ask the question, is the situation in Rivers State today not a clear expression of improper use of the Police Force? Was the abduction of a sitting Governor in Anambra State from the Governor’s office right in the presence of a Commissioner of Police of the State and other Police details who were expected to protect the Governor, not a definitive case of abuse and misuse of the system?
There was a noticeable abuse of the Police force in Ondo State, following the Political riot post the 1983 elections in that State. At the time the National Party of Nigeria controlled the Federal Government while the State Government was controlled by the rival Unity Party of Nigeria.
It has also been argued that creating a multiplicity of Police Force, will lead to the squandering of scarce resources. For me, this argument is unacceptable. Right now, it is arguable if we get our priorities right on issues of National life. Besides, no spending on maintenance of law and order and security of lives and property can be too much, because this is the very essence of governance. For me, no effort can be too much to achieve this fundamental objective.
Similarly, the argument that the strong may use the State Police to oppress or suppress the weak, is also not sacrosanct.
I must not fail to mention the other argument, to the effect that Nigeria is not yet mature or developed for a State Police. It is interesting however, that the proponents of this argument have failed to tell the Nation the bench mark for assessing a Nation’s maturity, neither have they told us when we will be matured enough to have it.
In the words of Dr. Kayode Fayemi, the then Governor of Ekiti State, himself a security expert;
“For our Police to become efficient, we need to function efficiently as it is done everywhere in the world, where you have a federal system. It is a norm all over the world, anywhere you have a federal system, you always have a Police System at every level of the Federation; In the United States, Australia, Canada, India and everywhere there is federalism, the police exist at the local level, even at the city level; you have State Police and Federal Police” His Excellency continued when he said that: “To say a Federal Police will be better law enforcement agents, for instance, in my community in Ekiti State, than a police that is resident there, and has its legal source from a local legislation, and staffed by people of that State to police the community of that State, is false. The issue is, is the centralised police system the best form of policing for a huge nation that is multi-cultural, multi-ethnic, highly diverse nation like Nigeria?”
He answered the question “I don’t think so”.
Comparative Analysis - Countries with State Police: United States of America By way of comparative analysis, let us make reference to few examples. In the United States of America, there is a Federal Police which enforces the Federal laws of all levels, through the platform of several agencies. State Police, are a Police body unique to each State. They have State wide authorities to enforce law and investigate crimes. Generally, they perform functions outside the jurisdiction of the country such as enforcing traffic law on State high ways and interstate expressways, overseeing the security of the state, protecting the Governor, training new officers for local Police forces. All the States have their own Police formations, maintaining law and order within the States.
Ethiopia In Ethiopia, They have a Federal Police, that is saddled with the responsibility of investigation of federal crimes and enforcement of federal laws. The State Police have powers to also enforce State laws, and investigate crimes committed within their territorial jurisdiction. Indeed, the State Police in Ethiopia co-operate with the Federal Police, when there is need to do so.
India In India, the States have independent Police formations headed by the Commissioner of Police or Director General of Police. Every State and territory has a State Police, and its own distinct State Police Service. In addition to the State Police, major cities have their own Police force called the Metropolitan Police, which is quite similar to other normal Police services, except their different rank designations.
Australia In Australia, each State has its own State Police force. Unlike India, Cities and Municipalities do not have Police forces. It is the duty of the State Police force, to police the geographical area within their respective States. I understand that Australia has no national Police force. The Australian Federal Police role, is to enforce the laws of the Commonwealth, both criminal law and civil law, as well as to protect the interest of the Commonwealth, both domestically and internationally.
Pakistan Pakistan also has a Federal Police, four provincial organisations with clearly defined jurisdictions and sets of offences that they cover.
Argentina In Argentina, there is a Federal Police and 23 Provincial Police forces, that are policing the entire landscape called Argentina. Most routine police functions in Argentina, are carried out by the Provincial Police force, which is the equivalent of what Nigerians are asking for.
Germany As for Germany, the Landespolizei (or LaPo), is a term used in the Federal Republic of Germany to donate the law enforcement services that perform law enforcement duties in the States. The German Constitution, delegates the law enforcement responsibilities to the 16 States that make up the Federation. These Countries, operate the same Federal system as we do in Nigeria.
I am not yet aware of any issue of life that does not have two sides, in the sense of having advantages and disadvantages. The creative ability and knowledge of man must be brought to bear, to minimise the disadvantages and enhance the advantages. Leadership responsibility, demands the taking of hard decisions. It is a product of courage and bravery, and I think this is what we require as a people.
The time has come to take the bull by the horn, and confront our problems as a people. No problem is ever solved, by technically avoiding the problem.
Dele Adesina, SAN, Past NBA General Secretary
“DO WE ALSO RECOGNISE TODAY, THAT WHERE AND WHEN YOU EXPERIENCE SOME LEVEL OF EFFICIENT PERFORMANCE BY THE POLICE, IT IS LARGELY DUE TO THE GRACE OF THE STATE GOVERNMENTS OF WHERE THEY OPERATE? IT IS COMMON KNOWLEDGE, THAT STATE GOVERNMENTS PROVIDE EQUIPMENT, OPERATIONAL VEHICLES.....TO THE POLICE”