Frightening insecurity and clamour for state police…

Biola Azeez writes on the argument for and against calls for the establishment of state police in Nigeria in the midst of the rising wave of insecurity for decades.

THE primary function of government is the security of lives and property of the citizens. Nigeria is no exception as a state in guaranteeing the sanctity of that fundamental role and responsibility in order to enjoy the loyalty and confidence of its teeming human population.

The mandate of the Nigerian State on that sacred duty is unambiguously stated under the 1999 Constitution (as amended), which in Section 14(2b) underscores that singular mandate.  It states that the welfare and security of the citizens shall be the core purpose of government. Sadly, sustained tragic incidents revolving around heinous crimes and security breaches with the attendant loss of lives and destruction of property have made many citizens to question if the government has not failed in guaranteeing its primary function.

Insurgency, banditry, armed robbery, abduction for ransom, among other forms of criminality have surged such that life has become miserable for majority of the citizens while certain parts have almost become ungovernable. That is why today, many stakeholders in the Nigerian project believe that there is virtually no part of the country today without an ungovernable space.

Yet the various agencies of government with the mandate to ensure the security of lives and property have not been resting on their oars. The Nigeria Police Force, a centralized organ, which is empowered to guarantee peace and order, internal security for that matter, has been overstretched beyond limit in the bid to fulfil its responsibility as a strategic arm of internal security.

Similarly, the military, with the sole mandate to protect and guarantee the sovereignty of the country, has equally been drawing to complement the police force in ensuring internal peace and order, is involved in security assignments in almost every state and the federal capital territory in the bid to restore security across the country.

At independence, the country did not operate a centralised policing system. The then regional system of government had a decentralized policing structure that the people could claim ownership. But when the military struck in January 1966 to sack the civilian administration, the command structure of militarism disrupted the policing arrangement, and the long years of military interregnum thereafter, exacerbated the process of weakening structure of the security architecture and law enforcement mechanisms in the country.

Subsequent civilian dispensations in the 64 years chequered history of the most populous Black country, beginning from 1979 till date, have not succeeded in mustering the necessary political will to re-jig the policing system in a manner that can restore public confidence, trust and efficiency. The lack of will by the ruling elite has fired furnace of the clamour by critical stakeholders that Nigeria return to the era of state police in order to arrest the rising slide of the country to looming anarchy due to the frightening scale of security breaches.

Legal luminaries, elder statesmen, as well as pan-Nigerian groups like Afenifere, Ohanaeze Ndigbo and the Southern and Middle Belt Leaders (SMBL), among other mass-based organisations, have consistently called for the establishment of state police. This, to some of the concerned citizens, is because the resort to a plethora of miniature vigilante groups, being floated along regional levels, has paled into insignificance in the face of the avalanche of security issues besetting the country.

Many professional bodies and organizations as well as tertiary institutions have been part of the raging public discourse on the imperative of state police to check the rising descent of the country to the valley of abyss. For example, the department of political science of the University of Ilorin, Kwara State, held a lecture to dissect the issue and situate it in a proper perspective. The guest lecturer was the Leader of the Senate of the Federal Republic of Nigeria, Senator Opeyemi Bamidele. Other speakers were also clear in their individual submissions on the need to have state police due to the legion of issues associated with the existing policing structure in the land.

The increasing demand for state policy formed part of the reasons the academics and management in the Department of Political Science of the university to organize the distinguished personality lecture series, in conjunction with the Institute of Legislative Studies, titled, Constitutional Amendment and Political Dynamics of State Policing in Nigeria.

Indeed, the acting Head of the Department, Dr Adebola Bakare, had actually said the topic: Constitutional Amendment and the Political Dynamics of State Policing in Nigeria was chosen because of conflicting trajectories on state policing among the various levels of Nigerians.

“While some people argued for the establishment of state police to complement the federal policing architecture to adequately cover the nooks and crannies of the country, others are afraid of what will become of the state police in the hands of tyrant governors.

“Our intention is to use today’s lecture to stimulate further discourse on the subject matter. We plan to organize a two-day roundtable subsequent to today’s lecture where stakeholders (security officials, CSOs, farmers, herders, marketers, and the media, among others) will be invited to deliberate on the way forward,” the don said.

On his part, Senator Bamidele did not mince words on the desirability of state police. He said it would go a long way to mitigate Nigeria’s current security challenges with the proper control mechanisms put in place, adding that the nation’s security affairs should be decentralised.

 

Bane of Nigeria

According to most Nigerians, insecurity remains rampant in most parts of the country, despite billions of Naira being spent on security operations and enhancements over the past decade. Cases of killings, kidnapping for ransom, suspected rituals / organ harvesting, gang clashes, herdsmen attacks, ethnic and religious clashes, and other security breaches continue to rise.

Bamidele opined that the Nigerian police was established to prevent and detect crimes, apprehend wrongdoers and generally maintain law and order in the country, so, he asked whether the Nigerian Police (the only police force established for the entire federation) has successfully and effectively carried out these duties or is clearly overwhelmed, given the upsurge in security challenges. He rhetorically asked: Has its workforce (currently 371,800) successfully policed the entire nation (with a population of over 200 million people) from the centre? It may not be out of place to answer in the negative. Given the state of insecurity and its abysmal management, it can be said that the Nigeria Police has performed below expectations. He said that the foundation of the foregoing controversy on state police is undoubtedly linked to the provisions of section 214 of the 1999 Constitution of the country.

It should be noted that with the Nigerian military’s attention fully focused on pushing back against Boko Haram and similar groups, the Nigeria Police Force, is clearly overwhelmed. Compared to the nation’s population and taking into consideration the United Nations’ recommendation of one police officer to 450 people, the NPF’s personnel numbers fall short.

The topmost hierarchy of the Force recently admitted that the NPF needs 190,000 additional officers to enable it to discharge its duties effectively but the government’s ability to do so appears hampered by many factors, including harsh economic conditions – especially insufficient fund and worrying fiscal deficit. In addition to the manpower shortage, the authorities of the Force claim that the NPF’s rank-and-file suffer from poor pay (and delayed payment in some instances), systemic corruption, insufficient funding, political interference, limited education / skills of its personnel, low morale and poor appreciation. So, all these issues cumulatively contribute to escalating insecurity, seeming failure of the existing policing structure to proactively prevent crime.

But another fundamental reason being addicted by most observers is the inability of state governors to direct the affairs of the state commands of the NPF since it is a federal agency. All these inadequacies have further set the tone for repeated calls over the years for establishment of a police force by each of the states of the federation (in line with true federalism).

Despite being described as chief security officers of their states, governors have often highlighted that they are unable to effectively contribute to security management within their states because the Police Commands in the states answer to the Inspector General of Police, who in turn, answers to the President.

The governors only enjoy an advisory status in relation to security management. Spurred, therefore, by seeming helplessness in taking charge of security in their respective states, the governors recently proposed the creation of a police force for each of the states in Nigeria. The president and governors have agreed to explore the matter further.

New body language

Since the return to democracy in 1999, several states have advocated for state police. Bills advocating for amendment of the Nigerian Constitution to permit creation of state police have been introduced before the legislative houses, but the efforts were quickly halted. This is the first time in close to 25 years that the Federal Government has entertained the idea and indicated a willingness to continue the conversation.

Interestingly, a new bill for creation of state police was presented before Nigeria’s lower legislative house at the federal level) for second reading a few days ago. Bamidele said ideologically, state police are consistent with the principles of federalism that Nigeria claims to practice. He added that granting state governors the ability to set up their own police force aligns with the autonomy each state is supposed to have in managing its affairs and would allow them to coordinate security measures to ensure the safety of residents and their property. It is also widely practised in other countries that operate a federal system, including the United States, India and Australia.

 

Pros and cons of state police

Key proponents of having state police in Nigeria argue that the current structure of the NPF is over centralised and creates a bureaucracy that hampers quick reactions to security threats. They equally argue that as states have their peculiar security concerns, terrain and culture, it makes sense for them to have their own police force that can be shaped by leadership at the local level to become better-suited to the challenges. If the officers are also rotated only within the states, they are more likely to develop a keener sense of the security situation within the state than those that are often transferred across the nation and would require some time to get up to speed with circumstances at their new posts.

Local police, possessing a stronger connection with the community, would inherently understand the local terrain, encompassing language, culture, geography, and community leadership. This approach fosters community ownership of policing and security matters. Some have also argued that some states are reluctant to invest considerably in the arming and capacity-building of police officers because the beneficiaries could easily be transferred to other states soon after, thereby depriving the investing state of the benefits of such superior training and investment.

Long road to traverse

Notwithstanding the potential benefits of states’ ownership of their respective police force, many have expressed grave concern about the possibility of abuse by political leaders. Just as the NPF has often being used to perpetuate electoral infractions and similar activities, it is feared that state police can be used by state governors for political purposes and vendetta. Another reservation is that regional leaders could use state police to advance secessionist ideas, thereby undermining national unity.

Concerns also exist regarding cooperation among states to combat interstate crimes and violence, particularly when the states are under different political party leadership and exhibit diverse tribal and cultural differences. The inability of several states to pay wages of their civil servants – which will be exacerbated by inclusion of thousands of police officers into their payroll, is also cause for genuine concern.

The ability of states to establish a local level police force is currently curtailed by the Nigerian Constitution and some other legislation. Specifically, in addition to the political agreements that must be secured by the stakeholders, changes must be made to the Constitution, Police Act, Criminal Code and other relevant statutes to allow for establishment of state police force, as well as control of firearms, which is currently within the exclusive legislative list (and therefore, under the sole control of the federal government).

In view of the requirement for any changes to the Constitution to be approved by at least two-thirds of the 36 state assemblies and possibility of divergent interests / views on how state police should be constituted, it appears that Nigeria is still about two to four years away from actualising the desire for state police. Even with an unexpected display of collective political will amongst the key players, it is still unlikely that state police can be created quickly enough to tackle the prevailing security challenges.

According to the leader of the Senate, what are being recommend include: a comprehensive, inclusive framework should first be established for administration of state police to forestall or mitigate potential abuse, ensure coordination of intra-state and inter-state policing efforts, prevent clashes between state police forces or with the federal security agencies, etc. States’ ability to fund a police force should also be prioritised and made a condition precedent; in the meantime, as a short / midterm solution, concessions can be made by the federal government to allow governors perform (greater) operational duties and have capacity to give orders to the state security commands within a pre-agreed framework.

The states should also be given the ability to: (a) maintain control of security assets acquired by them for use by the NPF (i.e. not to be taken out of the state); (b) procure private contractors (approved by the national security adviser) to work with the NPF especially in relation to tech, logistics and early warning support that the NPF may lack; and (c) retain officers that have been trained by the state governments within the state for at least five years thereafter, unless in exceptional circumstances.

 

Challenges

Bamidele also said the foundation of the foregoing controversy on state police is undoubtedly linked to the provisions of section 214 of the 1999 Constitution. He said the provision imposes the duty of policing the whole country on the Federal Government.

He added: “It has been argued that this provision contradicts Nigeria’s practice of federalism, has escalated the security crises in most parts of the country and has more or less usurped the powers of State Governor(s) as chief executive(s) of their respective State(s) as guaranteed under section 176 (2) of the same Constitution.

“This is because ordinarily, the onerous task of maintaining law and order should be the primary responsibility of the State Governor as the Chief Security Officer of the State. This, however, has not been the case for Governors who are reduced to ceremonial Chief Security Officers. It is against this backdrop that I wish to emphasize the need for State police, which, in my opinion, will go a long way in mitigating the current realities of insecurity in the country”.

However, the distinguished lecturer said that state Police should be done within the parameters of checks at the centre to prevent abuse of power.

The Senate leader, who said that the police have not been set up properly to succeed in Nigeria, added that challenges facing the Nigeria Police Force (NPF) are numerous because it is the primary agency of civil security in the country. How the police are organised, managed, governed and funded can determine its ability to deliver on its constitutional mandate of protecting the life and property of Nigerians. Effective policing in Nigeria is almost impossible unless there are fundamental changes.”

He listed some challenges that he said needed to be addressed for effective policing and improving security in Nigeria, including institutional challenges. For instance, he noted that the Police Service Commission (PSC), the civilian oversight body of the police, has no independent capacity to investigate or ‘police’ the police force, as complaints against Nigerian police officers made to the PSC end up being investigated by the police itself, who then report to the PSC.

“This lack of an independent complaints system is unsatisfactory. It is part of why internal discipline is weak and a corporate culture of excellence in service delivery does not exist in the force. For this reason, there is no framework for rating police commands or measuring their effectiveness,” he said.

Similarly, there is the issue of structural challenges, which borders on the way the police are organised with implications for community policing. State commissioners of police take instructions from the Inspector General of Police (IGP). “With careful planning, robust safeguards, and a commitment to democratic principles, Nigeria can build a more responsive, accountable, and effective policing system.” he said.

Incidentally, there is an ongoing to amend the 1999 Constitution by the 10th National Assembly. So, members of the legislative arm of government have also been making necessary inputs into the bid to build a consensus on some critical national issues on the matter. One of such prominent lawmakers is the senator representing Kwara Central, Senator Saliu Mustapha, who called for a more extensive consultation on the desirability or otherwise of the introduction of state police in the country.

Mustapha said that such consultation should be done to guide in arriving at a final conclusion on desirability of state Police. He promised to back group with a superior argument on the desirability or otherwise of state police system in the country.

Mustapha urged Nigerians to continue to be up and doing on the need to let the state police be so as to tackle the myriads of security challenges facing the nation. He urged other tertiary institutions to borrow a leaf from the Unilorin by convoking public lectures on the burning issue of state police. He said that the National Assembly was already on the matter and assured Nigerians that the National Assembly would at the end of the day come up with what is best for the country.

The vice chancellor of University of Ilorin, Professor Wahab Egbewole (SAN) is concerned about how to boost security in the country as he sided with the advocacy for the creation of state police. He lauded the gesture of the department of Political Science and Institute of Legislative Studies of the institution for organising the public lecture on Constitutional Amendment on State Policing.  He noted that such inter-disciplinary collaboration between the legislative arm of government is apt in view of the importance of legislative arm as a symbol of democracy.

The vice chancellor, who said that” the idea of state police is good as it will make our communities safe, quickly added that appropriate legislation should be made to avoid the challenges being witnessed with the state electoral commission in the country to ensure that it is not created for political witch hunting.  It is the duty of the legislature to ensure that adequate provisions are made to avoid any unwarranted challenge in its implementation and not abused since the advent of Fourth Republic a lot of constitutional amendments have been made but the implementations have been thoroughly challenged. So, there must be synergy between the arms of government in order to ensure that there are adequate provisions that would guide its implementation.”

As the citadel of learning and knowledge, Nigerians look up to the universities and other tertiary institutions to join the ongoing debate at charting a new constitutional framework for the beleaguered country. With abundant eggheads with a repository of knowledge, the institutions boast of resource persons, who can avail the country of the experience of other lands; experience that Nigeria could lean on in the bid to becoming a nation without compromising its ethnic heterogeneity and other complexities.

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