Reps to amend constitution to halt Police brutality, to impose stiffer sanction on erring officer

The House of Representatives, on Wednesday, unveiled plans to amend the 1999 Constitution and extant Nigeria Police legislations with the view to ensure judicial review of Police actions as enshrined and protected by the constitution.

The resolution was passed sequel to the adoption of a motion on the ‘Need to put a stop to the human rights abuses by the Special Anti-Robbery Squad (SARS) of the Nigerian Police,’ sponsored by the Majority Leader, Hon Ado Doguwa.

The House also urged Inspector General of Police (IGP), Mr Mohammed Adamu, to take decisive action to stop the brutality and Human Rights Violation by SARS and report the said actions to the House within three weeks.

The House further requested the Inspector General of Police to produce a comprehensive record of disciplinary and (or) Judicial action taken against the officers accused of abuse of power in the past five years, and produce an immediate plan for identifying and compensation for victims.

In his lead debate, Hon. Doguwa underscored the need to take immediate steps to develop Legislative actions to amend existing laws and the constitution of the Federal Republic of Nigeria to excise Section 215(5) and replace it with provisions that establish a framework for holding individual members of the Nigeria Police Force (NPF) accountable for their conduct in the course of performance of their lawful duties, including criminal and civil liabilities; and allow the
Nigeria Police Force (NPF) to bear civil liability for failures in their conduct and operational procedures that lead to violations of citizens’ rights.

“The House notes with great concern the persistent outcry by Nigerians over the brutality and human rights violation by the Special Anti-Robbery Squad (SARS) of the Nigerian Police Force. The House is disturbed by the alarming rate of unauthorised raids, extortion, stealing, frame-ups, indiscriminate search of mobile phones, and other smart devices and arbitrary confiscation and fraudulent conversion of private property of citizens to personal use.

“The House realises that this is a sharp departure from their core mandate of responding to cases of armed robbery, kidnapping, and other violent crimes.

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“The House is concerned that their activities in most cases have led to the loss of property and extrajudicial killings which is eroding public confidence in government and diminishing our human rights cum democratic credentials as a Nation.

“The House recalls the recent death of Ifeoma Abugu who was allegedly raped and murdered in FCT, Kinsley Tariuwa in Port Harcourt, Daniel Ikeaguchi Chibuike in Elelenwo Rivers State, Kolade Johnson & Temiyu Kazeem in Lagos, Sunday Bong in Abuja and Miracle in Nnewi to mention but a few.

“The House is aware that the Anti-Torture Act, 2017 and the newly signed Police Act prohibits the use of torture, harassment, and intimidation by security agents.

“The House is deeply worried that despite repeated announcements since August 14, 2018, by Police authorities to reform SARS, the problem of human right abuses and impunity still persist within the Police Force.

“The House observed that in most cases efforts by victims and their families to seek justice is greeted with concerted opposition from the police authorities including a threat to their lives,” Hon Doguwa said.

To this end, the House resolved to set up a Joint Committee of Justice, Human Rights and Police affairs to oversee the above prayers and Conduct Public Hearing on the Human Rights Violation of Citizens by SARS and submit their report within 6 weeks for further legislative action.

In his intervention, Hon Femi Gbajabiamila who presided over the plenary, reiterated the resolve of the 9th Assembly toward expunging painfully undemocratic clause from the 1999 Constitution (as amended).

Every day, throughout our country, interactions between the police and our citizens result in acts of horrific brutality, extortion, and retribution against the Nigerian people.

“Too many of the people we have assigned to protect our citizens have shown themselves unworthy of that calling. Their actions betray our trust and wreak unquantifiable damage on the already frayed fabric of our society.

“Unfortunately, many of those who have betrayed our trust in this manner are never answerable for their actions. At the heart of this fundamental failure lies the unavoidable truth that we do not have an independent framework for ensuring that members of the Nigerian Police Force (NPF) are appropriately held to account when they fail to adhere to the policies and laws that govern their operations.

“We have long expected the Nigeria Police Force (NPF) to police itself. It is now abundantly clear that this was the wrong call. For the benefit of a functioning system of policing in Nigeria, it is now necessary that Parliament steps in to introduce an independent, fair and practical approach to ensure that those to whom we grant the authority to act in the name of the State, are held to the highest standards of professional conduct.

“Over the next thirty days, the House of Representatives will work with the Nigeria Bar Association (NBA), with civil society and with Nigerians of good conscience to draft new legislation that establishes a system of independent accountability that: holds erring members of the Police Force to account for their conduct in the performance of their duties and imposes civil and criminal liability for violations of the Police Code; and also compels the Nigerian Police Force (NPF) to take responsibility for the failures of training and discipline that leads to such violations.

“The constitution of the Federal Republic of Nigeria in Section 215(5) states that “The question whether any and if so what, directions have been given (to the Police) under this section shall not be inquired into in any court.”

“This provision presents a singularly obstinate obstacle to any system of effective judicial review of policing in Nigeria. Therefore, any reforms of the operations of the Nigeria Police Force (NPF) must include a constitutional amendment to expunge this painfully undemocratic clause from our country’s constitution.

“Substantive and wholesale reform of policing institutions is never an easy undertaking. From Europe to America, and across Africa, we have seen such efforts begin and falter. Police reforms succeed when such reforms have the support of the citizens who are determined to see the process through to a rewarding end, regardless of whatever obstacles might exist along the way.

“This House of Representatives will act to ensure that those agents of the State to whom we have assigned the duty to protect and serve, are deserving of the faith and respect of the Nigerian people. I ask for the support of all Nigerians as we begin this endeavour.

“Let us work together to achieve the vision of a nation where the citizens trust the police to always act in the public’s best interest by respecting the rights of citizens and following the due process of law,” the Speaker urged.

NIGERIAN TRIBUNE