I will applaud PMB if he directs relevant agencies to send an Executive Bill to NASS on State & Local Government Police – Ozekhome

CAN THE PRESIDENT SUMMARILY DIRECT THE SETTING UP OF STATE AND LOCAL GOVERNMENT POLICE FORCES WITHOUT CONSTITUTIONAL AMENDMENT?

BY CHIEF MIKE OZEKHOME,SAN,OFR,FCIARB.

I have just been bombarded with torrents of inquiries by the electronic and print media houses,requesting me to comment on president Muhammadu Buhari’s alleged approval of State and Local Government Police Forces.

My initial reaction was to shout “eureka, he got it right this time around”.

Yes,because I have advocated for state and community policing in the last 30 years of my life.

Google it all. Yes,in serial media activism,tv appearances, lectures, campaigns, street protests, advocacy;in the court rooms;at the 2005 National Conference: Vision 2020 Conference of 2009: and at the 2014 National Conference.

But, I told the media people that PMB, based on his antecedents and pronouncemehts, may not actually have the necessary courage and political will power to do it.

I then decided to google the entire story. All I found was that the Executive Secretary, National Human Rights Commission and Chairman, Presidential Panel on the reform of SARS within the Nigetia Police Force, Mr Anthony Ojukwu, had submitted his report on his assignment, recommending the dismissal of 37 Police Officers, 24 for prosecution and arrest and prosecution of others.

I didn’t see anywhere the president said he has approved this my dream project. He merely gave further directives to some organs of government as regards actualization of the recommendations.

What he said regarding the above was simply, “since the recommendations of the Commission that constituted the Panel are enforceable as decisions of the court, that the Inspector General of Police and the Solicitor General of the Federation/Permanent Secretary, Federal Ministry of Justice meet with the Commission to work out the modalities for the implementation of the Report within 3 months from today”.

If PMB had set up the State and Local Government Police Forces, or still does in future, I will publicly applaud him such am auspicious giant step.

The euphoria had erupted from part of the Panel’s recommendation for “significant improvement in the funding, kitting and facilities of the Nigeria Police Force, strengthening information and Communication Technology of the Force, establishment of State and Local Government Police”.

But, first things first. President Buhari merely directed further action. Second, mere recommendations of the National Human Rights Commission from which the Presidential Panel emerged can never “be enforceable as decisions of the Court”, as wrongly stated by Mr President.

The NHRC is not a competent court of law as enshrined in and recognised by section 6(6) of the 1999 Constitution, as altered.

So,Mr President cannot unilaterally, whimsically, capriciously and arbitrarily set up State and Local Government Police without the necessary constitutional amendments to that effect under section 9 (1) of the same 1999 Constitution.

This section requires two-third majority approval of the bicameral National Assembly made up of 109 Senators, 360 House of Representatives members,and also two-third majority approval by the 36 States Houses of Assembly and FCT.

Sections 214 and 215 of the same Constitution establishes the Nigeria Police Force, giving it powers and duties and its major operatives, such as the Inspector General of Police and State Commissioners of Police.

Surely our non performing behemoth,unwieldy and elephantine organisation needs to be broken up into State and Local Government Police Forces,as we have it in more advanced countries of the world.

In the USA for example,aside the Federal Police institutions of CIA and FBI, she also has State and County Council (Local Government in Nigeria) Police Forces.

Even Cities, Universities and Colleges have their own Police Forces, eg, NYPD,LAPD,etc.

The result is great synergy of purpose and inter-agency cooperation in detecting, preventing, fighting and prosecuting crimes.

My take on the present rocus is this: whilst commending the president for even mentioning the establishment of State and Local Government Police at all (contrary to his earlier stiff stance against its recommendation by the 2014 National Conference wherein I relentlessly crusaded for it), PMB should go beyond mere rhetorics, presidential directives and sheer populism, by instructing government officials to immediately draft and send an executive bill to the NASS for amendment of sections 8, 214 and 215 of the Constitution.

Then, I will verily believe him and know he is serious about this project of giving Nigeria a new security lease of life.

I will then do a piece wholly dedicated to applauding him for taking a gargantuan and major step towards devolution of powers and restructuring of the un-working Nigerian project.

END