As the National Assembly (NASS) resumes from its two weeks oversight recess, the importance of having the Police Act (Repeal and Re-enactment) Bill 2018 listed for further legislative action is more pressing than ever. With internal security concerns at their peak in the wake of the Shiite protests, rampant killings in Zamfara, Kaduna and other States of the Federation, as well as rising tensions towards the 2019 General Elections, it is imperative that the needed legislative reform is taken to address these issues. For many Nigerians, these problems as well as increased media reports of cases of harassment and extrajudicial killings by some members of the Police Force signal the failure of policing in Nigeria. A recent public opinion survey by NOI polls shows that about 7 in 10 Nigerians believe that the nation is not secure.[1] A previous poll revealed the obvious – that most Nigerians have more trust in local vigilante groups than the Police.
The primary criticism of the Nigerian Police Force is that it has not yet adapted to the societal changes in Nigeria and therefore unable to keep up with the pressing internal security demands of the nation. This has prompted discussions about a reform of the Police both operationally and administratively to address these concerns. At present, the Police Force is reported to be operating at a ratio of one police officer to 600 persons, which is below the UN prescribed policing ratio of one to 400 persons.[2] Other issues that affect the Police include poor training, inadequate financing, unfair recruitment and promotion practices, and over-centralisation of functions.
Just recently, in July 2018, a Constitution Amendment Bill to establish State Police was introduced in the Senate as a response to the massive insecurity across the country. One of the main arguments in favor of the bill, which was sponsored by a whopping 50 Senators, is that State or Local Police is a major component of a federal system of government, which Nigeria operates and therefore a better structure for delivering better policing and security to citizens at all levels.[3] Moreover, most countries operating a federal system of government operate some form of State Police alongside a Federal Police. Opponents of this view believe that the structure will further empower already powerful State Governors to deploy State Police at their whim and caprice. While the argument over whether State Police should be adopted or not rages on, and while the possibility of altering the Constitution to achieve this at a time so close to the elections remains uncertain, a very important bill to amend the Police Act – having a quicker amendment process than Constitution Alteration- remains pending before the NASS.
The Bill for an Act to establish and regulate the Nigeria Police 2018 as introduced by Sen. Ibn Na’ Allah, the Senate Deputy Minority Leader, seeks to repeal the Police Act CAP P19 LFN 2004 and establish a modern, service oriented Police that will meet globally acceptable policing standards in a democratic setting to replace the current Police Force that was established in a colonial environment to protect colonial interests rather than to protect and safeguard the Nigerian citizen.
The Bill sets out basic guiding principles of the Police Force akin to a mission statement that conceptualises the Police as an institution that is people oriented, partners with communities in the maintenance of peace and security and adheres to constitutional and human rights in the implementation of their duties. These are principles that are missing from the current law.
Furthermore, the Bill seeks to do the following, among others:
- Provide for a more effective and well-organised Police Force driven by the principles of transparency and accountability in its operations and management of its resources;
- Clarify police powers on arrest, search and detention;
- Establish an appropriate funding framework for the Police Force in line with what is obtainable in other Federal Government key institutions. Particularly, a mandatory policing plan is required to be drawn up annually by the Police Force and tied to expenditures in the bid to ensure that all police formations nationwide are appropriately funded for effective policing;
- Bring about enhanced professionalism in the Police Force through the provision of increased training opportunities for police officers and other persons employed by the Police Force; and
- Establish a sound and sustainable basis for an enduring cooperation and partnership between the Police Force and host communities in maintaining peace and combating crimes nationwide.
Past National Assemblies have tried unsuccessfully to amend the Police Act, which was originally enacted in 1943. Past administrations had also set up police reform committees, whose recommendations have failed to translate to revised legislation to give proper backing to any critical structural change of the Police. This bill in the Senate sponsored by Sen. Ibn Na’Allah holds much promise. A similar repeal and re-enactment bill sponsored by Hon. Orker-Jev is before the House of Representatives. The Police Bill 2018 was read for the first time in the Senate on 30th May 2018 and for the second time on 10th July 2018[4] before the annual legislative recess. The Bill has since been referred to the Senate Committee on Police Affairs. In order for the Nigeria Police to be transformed in a way that is beneficial to both citizens and police officers, the National Assembly is urged to revive action on the Bill to ensure its timely passage.
It is important to note that Executive support of this bill or an amendment/repeal of the Police Act is imperative and desirable. Unfortunately, a Constitution Amendment Bill seeking to remove the word “Force” from the “Nigeria Police Force” – an attempt at rebranding to portray the Police as a service institution not an occupying force was vetoed by the President earlier this year[5]. While the President has recently transmitted a Nigeria Police Academy (Establishment) Bill to NASS for passage[6], it is expected that he treats the review of the Police Act with the same or even a higher degree of importance. It is also expected that both arms will put politics aside and work together on this bill to leave an enduring legacy that they will be remembered for. As stated by the Bill Sponsor in his lead debate, “the Bill is certainly not an absolute panacea to our policing problems but will be a major contribution to addressing it.”[7]
Click here to see a Factsheet on Why the Police Act Needs to be Reviewed
[1] http://www.noi-polls.com/root/index.php?pid=519&parentid=13&ptid=1
[2] Premium Times, “Nigeria needs additional 31,000 new police officers yearly for five years – IGP”, 22 September 2017. Available at: https://www.premiumtimesng.com/news/top-news/243898-nigeria-needs-additional-31000-new-police-officers-yearly-five-years-igp.html
[3] https://placng.org/wp/2018/07/senate-moves-to-commence-alteration-of-the-1999-constitution-to-allow-for-the-creation-and-establishment-of-state-police/
[4] https://placng.org/wp/2018/07/the-police-act-repeal-and-re-enactment-bill-2018-scales-second-reading-in-the-senate/
[5] https://placng.org/wp/2018/07/president-muhammadu-buhari-withholds-assent-to-five-constitution-of-the-federal-republic-of-nigeria-1999-fourth-alteration-amendment-bills/ ; https://placng.org/wp/wp-content/uploads/2018/10/Presidential-Letter-Declining-Assent-to-Five-5-Constitution-of-the-FRN-1999-Fourth-Alteration-Amendment-Bills-Passed-by-the-National-Assembly-Namely-Bills-No.8-No.15-No.-22-No.-24-and-No.28.pdf
[6] https://placng.org/wp/wp-content/uploads/2018/10/Transmission-of-the-Nigeria-Police-Academy-Establishment-ETC-Bill-2018-for-Consideration-and-Passage-into-Law.pdf
[7] http://placng.org/wp/wp-content/uploads/2018/07/Lead-debate-on-the-Police-Act-Repeal-and-Re-enactment-Bill-2018.pdf