The Senate has passed the Bill seeking to repeal and re-enact the Police Act and among other things, establish a more responsive and responsible Police Force that will entrench into its operations, the values of fairness, justice, equity, co-operation and partnership with the communities it serves.
Presenting the report of the Senate Committee on Police Affairs at the plenary session of Tuesday, 7 July 2020, Chairman, Sen. Halliru Jika (APC: Bauchi) informed lawmakers that the main objective of the Bill, is to help create an effective and efficient policing system that can curb, prevent and detect crimes; allows for the apprehension of offenders and enforces laws and regulations within its mandate.
Speaking on the highlights of presentations by stakeholders at the public hearing, which was conducted on Wednesday, 18 March 2020, Sen. Jika noted that the view of stakeholders on certain provisions of the Bill focused on:
- The name “Nigeria Police Force” which was proposed to be changed to “The Nigeria Police”. The name Nigeria Police Force is constitutionally recognized, therefore deleting the word “Force” requires an amendment to the 1999 Constitution;
- Section 7(3)(iii) which deals with the Appointment of the Inspection General of Police (IGP)by the President subject to the confirmation of the Senate for which most of the stakeholders noted that this may lead to politicization of the appointment and may likely conflict with the provisions of the 1999 Constitution(as amended);
- Section 7(6) which deals with the Tenure of Office of the IGP for a single term of 4 years which is also obtainable in other security agencies such as the Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission(ICPC) and the Police Service Commission (PSC), which was unanimously adopted;
- Section 60 which deals with the Establishment of Community Police Forum which stakeholders argued that the introduction of a community policing forum will enhance the effectiveness and efficiency of policing in Nigeria; as well as create an opportunity for partnership.
According to Sen. Jika, the Committee had further considered the views of lawmakers during the debate on the general principles of the Bill and that of stakeholders and resolved to propose the following as its recommendations:
- That the IGP be mandated to adhere to a national policing plan on setting security priorities and objectives, cost implication and expected outcome of policing with inputs from the Police Force Headquarters and all police formations nationwide for each financial year.
- That the name “Nigeria Police” proposed in the draft Bill be changed to the “Nigeria Police Force” as presently in use considering the failed attempt on the alteration of 1999 Constitution (as amended) to modify the name.
- That the Police abide and enforce certain constitutional provisions regarding the fundamental rights of persons in Police custody under Chapter 4 of the 1999 Constitution (as amended) and other international instruments on Human Rights to which Nigeria is a signatory.
- That the provision on the Appointment and Removal of the IGP be retained as any contrary proposal will require amendments to the 1999 Constitution for viability.
- That Community Policing be strengthened.
- That the Tenure of the Office of the IGP be a single term of 4 years.
In conclusion, Sen. Jika stated that the Bill is necessitated by the fact that the current law which govern the operations of the Nigeria Police Force has never been reviewed since its promulgation in 1943 and urged the Senate to consider and approve the recommendations contains therein.
The Senate accordingly considered the report and amended the following Clauses before passing bill:
- Clause 80 which deals with Warrant of Arrest was amended to reflect the provisions of the original Bill;
- Clause 103 which deals with Impersonation of Police Officer was amended by the Senate to read” commits an offence and is liable on conviction to imprisonment for three years with no option of fine”; and
- Clause 104 which deals with Obtaining Admission into Police Force with forged or false certificate was amended by the Senate to read ” commits an offence and is liable on conviction to imprisonment for six months with no option of fine”.
It would be recalled that the House of Representatives at its plenary session of Tuesday, 2 June 2020 had passed the Police Act (Repeal and Re-enactment) Bill, 2020. It is expected that the Senate and House of Representatives Committee on Police Affairs (Joint Conference Committee) would hold a meeting to consider the differences in the provisions of the Bill for harmonization before transmittal to the President for Assent.
