Buhari Cannot Approve State Policing By Fiat – Falana

 

Human rights lawyer and Senior Advocate of Nigeria, Mr. Femi Falana, has said that President Buhari cannot approve state policing by his own decree.

Mr Falana who was a guest on Channels Television’s Sunrise Daily on Thursday stressed that state policing is a constitutional issue.

Falana said: “The president cannot, by fiat, approve state police. It is a constitutional matter. A bill has to go to the National Assembly and the bill can originate from either of the two houses.

“And we have made this point repeatedly, for governors who are asking for state police it’s not to appeal to the president, but to mobilize the national assembly members to amend the constitution.

“We have had about four amendments of the constitution and this matter has never agitated the minds of our legislators.

READ ALSO: SARS Reform: NHRC Should Not Have Recommended Dismissal Of Police Officers Aghanya

“Whether the president approves it or not, it has to go to the national assembly and of course, if the NASS endorses it, it has to have the concurrence of at least two-thirds majority of the houses f assembly in the country”.

The rights activist went on to state that pending when state policing can be established, governors must share police powers with the president.

“There is a history behind state police when the 1979 constitution was being put together, it was felt by all members of the ruling class that we didn’t need state police owing to the experience of the first republic because of the abuse. But since then, the NPF which is the only one allowed by law has been grossly abused, so that argument is no longer there.

“What is therefore important is pending the establishment of state police, our governors have to share police powers with the president as stipulated by the constitution. We do not have a Federal Government Police Force, we have the Nigeria Police Force which have been administered, organized and supervised by the Nigeria Police Council.

“The council has the president as the chairman, IG, Chairman of the police service commission and the 36 state governors; this is a body which the 36 state governors constitute the majority, but that body never meets, they meet because the constitution stipulates it,” Falana said.

State Police: There Should Not Be Uniform Requirement For Take-Off, Says Idahosa

A lawyer and former member of the House of Representatives, Mr West Idahosa

 

A lawyer and former member of the House of Representative, Mr West Idahosa, has backed several calls for the creation of state police, saying there shouldnt be any uniform requirement for its take-off.

He stated this on Monday during an appearance on Channels Televisions Politics Today.

In dealing with the Constitution, it is almost a given that everyone wants the state police. It means that it will be easy to get 24 states of the federation to endorse and rectify those proposals that the National Assembly will then pass by way of Constitutional amendment.

Then the big problem now will be funding whether many of these states will be in a better position to fund their police when they do create it. And then there should be no uniform requirement of time for the take-off of state police, he stated.

According to him, states that are ready for the establishment of state police can go ahead and do so.

He however stressed that other states that are not so financial stable or buoyant in meeting with the demands of state police should continue relying on the federal police in combating crime.

Idahosas comments come shortly after President Muhammadu Buhari received a report on the reform of the Special Anti-Robbery Squad (SARS).

Presidential spokesman, Garba Shehu, in a statement today said President Buhari requested that the report be studied and a white paper produced within three months.

The report of the white paper committee will form the basis of the decisions of the government on the many recommendations, including the setting up of state and local government police made by the Ojukwu panel.

Lamido Backs Call For Creation Of State Police

A presidential aspirant for the 2019 general elections under the platform of the Peoples Democratic Party (PDP), Mr Sule Lamido, has pledged to support the calls for the nation’s restructuring, especially with regards to the creation of state police.

Mr Lamido made the commitment on Wednesday at a meeting with the Deputy Governor of Benue State, Mr Benson Abounu at the Government House in Makurdi, in reaction to the security challenges the state has witnessed since the beginning of the year.

He said, “If you look at what has happened in the last two months, where the Federal government keeps using the federal might to emasculate the state, it means we need to ensure a system which will be able to give Nigerians a stronger hand to run their own affairs.

“Therefore, the police must be effective and to do that, we need to create state police.

“We need to look at the Constitution and see how the states can on their own fare better with the various packages to get their states properly developed”.

Why Nigeria Needs State, Community Police – Ekweremadu

Killings: Nigeria Applying The Wrong Solution To Security Problems – Ekweremadu
(File) Deputy Senate President Ike Ekweremadu addressing lawmakers during a plenary at the Upper Chamber of the National Assembly in Abuja.

 

Deputy Senate President Ike Ekweremadu was a guest on Channels Television’s breakfast show, Sunrise Daily.

During his appearance, the lawmaker explains why the Senate is planning to amend the Nigerian Constitution to allow for state and community police across the nation and the right approaches to tackle the security challenges in the country.

Read on for excerpts and watch the full interview here.

We know where you stand on the issue of state police; can you give us a clearer sense of why your position is what it is?

Let me thank you for this opportunity. First of all, as somebody who is opportune to be in government, and probably can be described as one of the leaders of this country, I consider it my responsibility to pursue matters that will give protection to the people of Nigeria. As a member of government, I’m also of the view and I recognise that fact that under our constitution, the primary purpose of the government is the protection of lives and property and welfare of the people. And so, on account of this, we need to review from time to time our actions, especially as it regards the protection of lives and property and welfare of the people.

Presently, the country is challenged in many directions and one of the major areas of concern is the security sector. People are killed every day, some people are kidnapped, people are robbed, and we can’t continue that way; something needs to be done. It’s on account of this that we started looking at what options we have and one of them is the issue of decentralising our policing. You see, the society is created in such a way that they come with a whole lot of responsibilities and these responsibilities, they require some privileges, some powers in order to carry out those responsibilities.

One of the responsibilities, as I said, is the issue of protection of lives and properties, and that is why the constitution and, indeed, in the formation of the society, government is given enormous powers to have control of instruments of cohesion. And so, what has happened now is that the criminal elements have overwhelmed the government and so, government cannot be able to perform that responsibility of protecting lives and property because what has happened is that that instrument of cohesion is not structured in such a way as to be able to contain the rise in criminality. So, we need to look at it again and see if there is anything we are doing wrong and do it correctly, and that’s basically the platform.

What are your thoughts about the argument that the police can only operate with what they have at the moment, in terms of resources and funding?

Well regrettably, the issue is not funding. If you bring the whole money in the Central Bank of Nigeria (CBN) and give to the police, nothing will change, certainly nothing. If you do that also with the Army, nothing will change. The problem is structure, not the funding. It’s just like now where we have primary schools scattered all over the country and then you are now telling the Federal Minister of Education to help primary school teachers – no matter how much you give to them, there are many schools that will be forgotten; there are many schools that won’t have teachers, so that’s the problem. So, we are applying the wrong solution to problems that are clearly within our reach to resolve.

If the funds are not enough to recruit high-level graduates into the police force and to purchase the necessary equipment, including vehicles, can we still say the problem is just structure when all of these things are clearly absent to the current context?

What they say is just one part of the argument; the point I’m making is yes, we need all those but if you provide them, the problem will still be there. In Abuja, for instance, we have all kinds of equipment the police are using, all kinds of weapon but yet, they killed seven policemen yesterday (July 3, 2018). I’m not talking about citizens who die on daily basis and nobody accounts for them, I’m talking about policemen who are trained; that’s the issue because the criminal elements have overwhelmed the security sector. That’s the issue I’m making, we need to do something and that is why we are talking about decentralising the police.

What did you have in mind when you said that the National Assembly is pursuing the creation of state police?

There have been a lot of fears and misconceptions about the issue of state police and, of course, it’s well-founded but you see, we have an attitude of running away from our problems in this country, instead of challenging those problems, confronting them. I think the best thing for us is to confront it, ask ourselves a couple of questions – what are those concerns, what are those fears, how do we address them, who are the people who are worried, can we dialogue with them so that they can understand issues? and again is it necessary, will it solve the problems, if it can solve the problems why don’t we deal with it and deal with those fears?

Let me just take you back in history, you know the first set of police we had in this country were native authority police; not the national police. The ordinance of 1916 established the native authority police in Nigeria and it was further enhanced in 1924. Ways back in 1936, the nationwide police were established and they all existed side by side until 1966 and that that is why in those days, if you are selling groundnut you can put your groundnut in front of your house and go to the farm. Somebody will just come, leave the money there and take the groundnut they wanted, you don’t need to fence your house, you don’t need to have a policeman following you around because there are policemen everywhere around the streets; the next neighbour to you may be a policeman, that was all the way it was structured.

And so, as we approach independence, our founding fathers – Zik (Nnamdi Azikiwe), (Obafemi) Awolowo, and Tafawa Balewa, had agreed that ‘for us to live peacefully in a multi-racial large country, we need to adopt a Federal system of government’, and federal system of government comes with certain characteristics and one of these characteristics is that people from different places do things in different ways and are well-coordinated at the national level, and security is one aspect of it and so, we started living that way.

Unfortunately, at the time they were laying the foundation for federalism, especially as it regards that security sector, they did not put in place the proper checks and balances. Like every other things, those policies at the sub-regional level were being abused, especially in 1963 and 1964 elections. When the Army came in 1966, it’s one of the major concerns that look, we cannot continue this talk of national police because it was being abused by politicians at that level. They use it to chase their political opponents. Remember I said we run away from our problems; what they (the military government) did was to set up a committee to look at the gamut of the issues around the sub-national police. By the time the report came out, (Johnson) Aguiyi-Ironsi had been assassinated.

Remember, part of the issues of concern people had about Ironsi government was that he was trying to unify the country into a unity system of government, thereby running away from the system we all agreed. But when that report came out on the issue of policing, the (Yakubu) Gowon government that was accusing Ironsi of a unity system of government adopted the report of that committee which is saying we should do away with all sub-national police and have a centralised police, that is the beginning of our problem. Thereafter, we started having robbery, kidnapping, renowned terrorism, and it’s going to get worse if we don’t do the correct thing.

The point I’m making is that if we are running a federal structure, as I said that it comes with some characteristics, as regards the security sector, what we need to do is to decentralise the police in such a way that there will be a policeman at every point, every corner. If you go to Europe, especially in Germany, one out of the five persons you meet on the street is a security person; that doesn’t happen here. So, if you have 300,000 policemen to take care of the population of Nigeria which is at least 200 million, how is that going to work?

See, I’m looking at just the protection of lives and property and not investigation and detection of crime which is another case, because if you are a policeman and you are assigned to investigate a case in Enugu, for instance, and two months after you are transferred to Kano, do you know what happens to that matter? It’s gone. Or you send somebody from Cross River to Sokoto on an assignment – he doesn’t know how to speak the language, he doesn’t know the culture; nothing and not even the road, these are the issues.

Senate To Amend Constitution To Allow Creation Of State, Community Police

Saraki, Senate Condemn SGF's Reaction To Allegations
The Senate President, Dr Bukola Saraki

 

The Senate plans to amend the Constitution to allow for the creation of state and community police.

Senate President Bukola Saraki disclosed the plan on Tuesday, three days after he faulted the country’s security infrastructure and called for the removal of incapable security chiefs.

“Today, my colleagues and I in the eighth Senate resolved to begin the process of amending the Constitution to allow for the creation of State and Community Police. This is following our debate on solutions to the killings across the country.”

The plan by the Senate comes after years of calls for the creation of state police and debate over the issue.

Recent killings in several states have revived the debate over state police with several governors lamenting, over time, about their helplessness to provide security for residents of the state.

In reaction to the killings, the Senate had previously called for more decisive action with some Senators demanding the removal of the service chiefs.

The decision of the Senate to amend the Constitution in favour of state and community police followed a debate on the killings across the country and in Plateau State – after a Point of Order raised by former Plateau Governor, Senator Jonah Jang.

In his comments, the Senate President condemned the killings once again and said it was necessary for the Senate to condemn it and play its role in ensuring the security of lives and property.

“We have talked about the fact that whether these killings were initial acts of aggression or reprisal attacks, it is clear that either way, it is totally unacceptable and we must condemn it in all totality,” he said.

“Secondly, these are acts of criminality and we should not encourage any other colouration to it, be it religious or otherwise. This is criminality. And as such, we have a role to ensure that we must address this criminality to see how we can fight it.

“We have spoken on many platforms and made suggestions to the Executive on the fact that there is a need for an urgent review of the security architecture of the nation.”

Having made suggestions and listened to security agencies over the killings, Saraki said it was important for the lawmakers to do their own part.

“We as the Senate must come up with our own actions. We do not need to flog the issue. We have told the Executive what to do. We have told them privately and we have told them publicly. However, on our own part, we must decide on what we need to do.”

Consequently, the Senate resolved to:

Condemn the terrorist attacks, mass killings and displacement of the people and occupation of their central homes and farmlands;

Urge the Executive to overhaul the security architecture of the country and to put in place a better security action plan and decisively tackle violent terror attacks threatening the continuous existence of communities in the North Central geopolitical zone and indeed Nigeria;

Urge the Executive arm of the government to undertake the rehabilitation of displaced persons and reconstruction of communities in Plateau North, South and Central Senatorial Districts so they can return to their homes and farmlands;

Urge the Executive arm of government to apprehend and persecute all perpetrators and sponsors of violence, no matter how highly placed they are;

Direct its constitutional review committee to put in machinery to amend the constitution to allow for the creation of State Police;

Fast-track the passage of the Peace and Reconciliation Bill;

Call on security agencies to stop involving themselves in the politics of the nation; and

Mandate that the Peace and Reconciliation Bill, Police Reform Bill be passed within the next two weeks and the Constitution Review Committee within the next two weeks should bring forward the amendment for State and Community Policing.

Governors Support Creation Of State Police

Chairman of the Governors Forum, Abdulaziz Yari (File photo)

 

The Nigerian Governors Forum on Monday backed the calls for the creation of state police.

Chairman of the Governors Forum and Governor of Zamfara State, Abdulaziz Yari, told journalists in Abuja that the governors are in support of the creation of state police.

Mr Yari’s comments come just days after Vice President Yemi Osinbajo for the creation of state police.

Professor Osinbajo had advocated the introduction of state police on Thursday at the start of a two-day security summit organised by the Senate in the nation’s capital.

According to the VP, the state policing system is the way to go because having a centralised system – as is currently practiced, cannot effectively secure the nation.

Despite calling for the creation of state police, Professor Osinbajo said there was the need to strengthen the Nigeria Police Force and proposed that the current number of police in the country be tripled.

In expressing support for state police, Governor Yari, however, suggested it should be introduced in phases due to the cost implication.

More to follow…

Begin Debate On State Police Creation Immediately, Bwala Tells NASS

Start Debate For State Police Creation On Friday, Bwala Tells NASS
Daniel Bwala

 

A legal practitioner Daniel Bwala has called on the National Assembly (NASS) to commence the conversation for the creation of state police on Friday morning.

He made the call on Thursday during his appearance on Channels Television’s Politics Today, a programme which aired hours after Vice President Yemi Osinbajo spoke at a security summit in Abuja.

READ ALSO: Osinbajo Calls For Creation Of State Police

Addressing the summit which was attended by some lawmakers, Professor Osinbajo had stressed that the creation of state police would go a long way in strengthening security across Nigeria.

On his part, Bwala who is a member of Lincoln’s Inn London expects that the NASS will begin the process which he said requires a “simple amendment to the constitution.”

“It is expected if they mean business, by tomorrow (Friday) morning they will raise a motion to begin the conversation for the creation of state police,” he said.

In the wake of the killings recorded in parts of the country, the lawyer commended the Federal Government for the recent steps taken to address the issue.

He said the government adopted a short-term measure through the launch of a new military operation tagged ‘Exercise Cat Race’ in Benue and five other states in the northern region.

Killings: It’s Dishonest To Say I Am Doing Nothing, Buhari Tells Bishops

Bwala, however, stressed that the military has a responsibility to solve the imminent and immediate problem while state policing remains “the only way out” and the long-term solution to the crisis.

He noted that if the government fails to live up to its fundamental task to ensure the safety of lives and property of Nigeria, its legitimacy becomes questioned.

The lawyer stressed further that a governor is incapacitated in managing the security situation of his state without the full control over the police.

He applauded the government for admitting the need for Nigeria to have the creation of state police and called on the legislature to act promptly.

The legal practitioner said the law follows the evolution trend of the people, pointing out a situation when the British Parliament passed the laws restraining the use of guns and knives when crimes link to the weapons became prevalent in the country.

The Federal Government has been seriously criticised in the recent times following the attack by suspected herdsmen which led to the death of several people in Benue and other states.

But President Muhammadu Buhari has condemned the speculations that he has done nothing to address the crisis.

Police Heighten Fight Against Kidnapping In Rivers State

PoliceThe Rivers State Commissioner of Police, Tunde Ogunsakin, has described kidnapping in the state as alarming, but stressed the Police’s resolve to check the increasing trend. 

At the gathering of security stakeholders  and the police command in Rivers State, the concern is the disturbing increase in cases of kidnapping in the South-south and its toll on development in the region.

The Commissioner noted that Nigeria contributes 26 per cent to global cases of kidnapping and 20 incidences are recorded monthly in Rivers State. In his words: “Though kidnapping is a global menace, but the command has so far  put up a good fight to reduce the problem by 50 per cent in Rivers State.

He said his major worry when he resumed duty in the state was the scourge of kidnapping and for him, no one is left out in this fight.

According to various guest speakers at the meeting , the situation affects  everyone  directly or indirectly leaving a trail of fear in the people not knowing who is next, a situation the Deputy Governor of Rivers State,Tele Ikuru, described as an electronic crime driven by politicians.

A member of the Rivers State House of Assembly, Golden Chioma, was recently kidnapped and released after eight days.

Some say beyond campaigns and rhetorics, the fight against the menace of kidnapping in the South-south must be taken more seriously especially as the 2015 governorship elections approach.

Confab Fell Into A Trap On Matter Of Derivation – Delegate

Goddy Uwazurike2A delegate at the National Conference, Goddy Uwazurike, on Wednesday, said the National Conference was unable to achieve desired results on the issue of derivation, because they had fallen into a trap, set by some members.

Criticisms for the Conference seemed to have increased following a major disagreement which ensued over the issue of derivation and resource sharing/control. Many analysts had said this was the crux of the matter as it was perceived as the root of major other national issues including unemployment, insurgency, etc.

However, Uwazurike spoke in defence of the Conference. “We fell into a trap,” he said.

“Some people came forward and said instead of us standing up here to argue and debate, why don’t we have this small group that will negotiate and see how we can reach agreement… (that was the trap) and we said, fine, let there be no acrimony.

“They came back, the man who was reading what was supposed to be the recommendation, from what we heard, read what was not the recommendation.

“That thing shocked many people. The recommendation was simple. 18 percent derivation, 5 percent would come from the Federation Account for the maintenance of areas damaged by terrorism and so on, beginning with North East.

“It’s a national fund, but the man went and said beginning with North East, North West, North Central and the rest of the country. Then some of them said, no we don’t even want the rest of the country; it’s only for us.

Asked why appropriate changes were not made upon  discovery of the error, Uwazurike, explained that the man in question called in sick after he was told to make corrections, after which a larger committee took over “which was still another trap. So by the time we all came back to sit down, the tension was already high”.

He, however, noted that a decision was reached to adopt the report by the committee, which stated that status quo should be maintained.

Speaking on the most critical breakthrough of the Conference, Uwazurike noted that Conference recommended that the creation, management, funding of the local government should be the business of the State government, although the LGs would be fully autonomous.

The recommendation also states that State Finance Committees should be set up the same way the FAAC has an Allocation Committee. This Committee will be in charge of disbursing money to the local governments.

“Any money coming from the States should be handled by the local government directly, provided it is an elected local government and provided the governor has no power to sack such a person, the House of Assembly has no such powers to sack such a person.”

“The second breakthrough we have is that any state that desires State Police should go ahead and get one, provided they can fund it.

State Police will only handle state matters including murder, stealing, road network and so on, while Federal Police will handle bank fraud, treason and so on.

National Assembly Can’t Achieve What National Conference Has

Uwazurike, also commended the achievements of the Conference thus far, noting that the National Assembly cannot achieve such, as it is “bound by too many rules”.

Mr Uwazurike, a part of the sub-committee on judiciary matters, reacted to comments – in the public domain, as well as those by some delegates – describing the entire process as a failed effort, based on the assumption that some concrete recommendations were not made.

“Opinion is free and you are free to say anything”, Uwazurike said, noting that those who consider the Conference a failure must be “living in the moon” because delegates took pains to make recommendations.

“We have taken steps. We made painstaking efforts, line by line, to discuss national issues; whether is it executive, whether it is judicial, whether it is legislative. We took pains”.

Although some delegates have also publicly berated the effort, Uwazurike insisted that such delegates were “visiting delegates” and not “regular delegates”.

Northerners Are Still Not Thinking Of A United Nigeria – Ayo Adebanjo

A delegate at the ongoing National Conference, Ayo Adebanjo, speaks on this edition of View From The Top.

Enjoy the conversation.

Bayelsa State Inaugurates Own Security Outfit

Seriake-DicksonThe Governor of Bayelsa State, Seriake Dickson, on Monday inaugurated the ‘Bayelsa Volunteers’, a security outfit for the state headed by Chief Superintendent of Police, Emmanuel Asifu.

While inaugurating the heads of the various zone in Yenagoa, the state’s capital, Governor Dickson said: “nobody no matter how highly placed will be allowed to create instability nor will be allowed to flout the laws of the state and go scout free, certainly not under my watch”.

The government’s determination to make Bayelsa State a safe place informed the inauguration of the ‘Bayelsa Volunteers’, a body made up of youths and ex-cultists who have been charged to work with all recognised security organisations in the state by complementing their work in the provision of relevant information from the towns and villages.

Governor Dickson said that the recruitment and operations of the over 1,000 volunteer members would be community based.

The outfit, which will also include an additional 100 graduates, was also urged to ensure the eradication of cultism in the towns and villages of the state.

This outfit, apart from being a security outfit, is also a source of employment generation as the graduates will have a monthly salary of 25,000 Naira and 10,000 Naira for the other 1,000 members.

Confab Committee In Bottleneck Over Resource Control, Revenue Sharing

Annkio BriggsA National Conference delegate, Annkio Briggs, on Tuesday disclosed that the National Conference committee deliberating on issues including resource control, system of government and revenue sharing had hit a bottleneck in its proceedings.

While speaking on a number of issues being discussed at the National Conference, on Sunrise Daily, Briggs said: “We are stuck in certain critical areas. There is yet to be willingness to compromise by either the Northerners or Southerners”.

Briggs, who decried the inability of the Committee to reach a consensus, stressed the need for delegates and all stakeholders to make sacrifices for the greater good of the nation.

She disclosed that the committee had started the review of the legislative list of the tiers of government, but that talks about resource control were being met with resistance from the Northerners. She also mentioned the issue of State Police, which she said should be considered.

“If people want State Police, we should have it regulated in a way that the rights of people are not abused, while they are exercising their right to State Police.”

Briggs also cited example of the Sharia Law which was being practiced in some parts of the country and said that the States that want State Police should be granted their wish according to the Federal Law. She further called for the adoption of true fiscal federalism which would allow the different components of the country develop at different paces.

She mentioned that the committee was yet to agree on the adoption of fiscal federalism which would indirectly deal with issues concerning revenue sharing and others. There was also no consensus on the issue of States having access to resources and so it was adjourned on Monday and will be attended to again on Tuesday.

“Everything outside fiscal federalism will not work,” she said.

She further disclosed that the North wants the South-South to forfeit the Amnesty programme, Ministry of Niger Delta and NDDC in exchange for revenue sharing.

“We all understand that there is a very critical need for us to begin to find ways forward” she said, maintaining that sacrifices would have to be made.

“Over 50 years of the oil and gas resources being used, we really cannot count ourselves amongst manufacturing countries; we cannot count ourselves among the powerful economies (that we should be).

“We count ourselves among the poor; we count ourselves among the corrupt, we count ourselves among countries that don’t tell themselves the truth.

“All of these things must change if we are going to survive as a country,” she said.