FRACAS OVER STATE POLICE

Nigerians everywhere will agree that we have serious security challenges. The presence or absence of police checkpoints notwithstanding, we will say that it is beyond cavil that the situation is grievous. The sight of some politicians, wealthy private citizens or other dignitaries accompanied by machine gun wielding security agents will remove any doubt in your mind. Some politicians come to events with so many security agents that are armed to the teeth that you start wondering if they have come for war. In fact, maybe war is an understatement. The spate of kidnapping, armed robbery, rape and other violent crime underscores the war analogy.

Recently, in the South-South, a High Court Judge was kidnapped and an exorbitant ransom demanded. In the South-East, the Vice-Chancellor of a State university was also kidnapped. In both cases, the success of the kidnappers was indicative of the porous security situation. I have not even mentioned the Boko Haram menace in the North because that is a foregone conclusion.

The Governors feel somewhat handicapped and they are supposed to be the Chief security officer of the State. That now begs the question of State Police. This should of course, be distinguished from the confusing terminology of State Security Service (SSS). The term State Police simply refers to a police force controlled by a governmental entity besides the national or federal government. In actuality, it could mean police force under a local government or municipality (city). For purposes of the current debate in Nigeria, we will limit the definition to a police force under the control of any of the 36 State governments or the Federal Capital Territory (FCT).

Currently, many states give financial assistance to the Nigerian Police Force (NPF) and the governors have made a case that it may be impossible for NPF to operate without the additional funding from the States. The funding could take the form of donated patrol vehicles and even bullet proof vests.

Recently, the Secretary to the State Government (SSG), Comrade Ovuozourie Samuel Macaulay, in an interview clearly buttressed this point and stated that personally, he believed we were “running away from the inevitable.”

So what then is the legal hurdle?
It is because of our colonial history and our Constitution. In our 1999 Constitution Sections 214, 215 & 216 have to do with the Nigerian Police Force. Specifically, Section 214, sub-part (1) says “There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof.”

Yes the Commissioner of Police may receive instructions from the Governor because Section 215 (4) of the 1999 Constitution states that “Subject to the provisions of this section, the Governor of a state or such Commissioner of the Government of the state as he may authorize in that behalf, may give to the Commissioner of Police of that state such lawful directions with respect to the maintenance and securing of public safety and public order within the state as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with: Provided that before carrying out any such directions under the foregoing provisions of this subsection the Commissioner of Police may request that the matter be referred to the President or such minister of the Government of the Federation as may be authorized in that behalf by the President for his directions.”

However, as you see it is not enough that the State Commissioner of Police can take orders sometimes from the Governor. This is quite different if the police force belongs to the State and is independent. I have been privileged by God to visit over 20 countries and most of them, except small countries like Jamaica, have State and even local police force. For example, in the US, a State like Florida, a local govt like Dade County and a city like Miami all have their own separate police force.

Besides Delta State SSG Comrade Ovuozourie Macaulay, other people that see the value of State Police include the former Military Head of State, Gen. Ibrahim Badamasi Babangida (rtd.). Of course, the Inspector General of Nigeria Police (IG) disagrees and should be expected either because of professional protection or personal conviction, but the truth is that our security challenges will be greatly reduced if we had say “Delta Police Force – DPF.”

Those in opposition to the idea cite the fear that politicians will use the State police to terrorize their opponents? While that is a plausible scenario based on the “Nigerian factor”, I believe the value of a State Police far outweighs any such fears especially with the appropriate installation of checks and balances. Yes we are a growing democracy, but I trust my people that we will rise to the occasion. As Mandela said, “things always seem impossible until it has been done.”

State Police will work. We will make the State police independent of the politicians and a professional body that is well trained & compensated. All our teeming unemployed graduates (youths) can be recruited into a highly skilled police force. Forget about all these fat pot-belly, bathroom slippers wearing, faded uniform clothed, police office you sometimes see on the streets today. Have you ever been stopped by say an New York Police Department (NYPD) officer – see his starched clothes, shining shoes, immaculately waxed patrol car. That will be part of the image you will see on our streets with a State Police.

Let us think together for a valuable solution to our security crisis.

Prof Alex Osondu Atawa Akpodiete is an author, Computer Scientist, Educator, Consultant, lawyer, Political Analyst & Social commentator. He has a Doctorate degree in Jurisprudence from the US. He has lectured Law, Ethics and Security & Intelligence Studies at the University level here in Nigeria and US. He also writes for a state daily newspaper & national monthly journal. He currently divides his time between Nigeria and USA where he runs an international capacity building firm ATAWA GROUP. Contact him on 08138391661 or [email protected]. He is also on Facebook and you can follow him on Twitter.