Following the renewed call for state police and the recent recommendation by National Human Rights Commission, NHRC, to the President, the deputy President of the Senate, Prof. Ike Ekweremadu has made available a bill he sponsored on the subject matter.
Speaking on the report of the National Human Rights Commission Committee on the Special Anti-Robbery Squad (SARS), which recommended the creation of State and Local Government Police, Prof. Ekweremadu “commended the Committee for a job well done and hope that the eventual Government White Paper on the report will uphold the recommendation for decentralised policing as a fundamental measure in tackling the nation’s security challenges.”
The Bill for the Establishment of State Police which was sponsored by senator Ekweremadu in the 8th Senate was also co-sponsored by all the members of the Senate Committee on the Review of the 1999 Constitution which which the deputy Senate President chaired.
The BILL;
STATE POLICE BILL AT A GLANCE
SPONSORS: Senator Ike Ekweremadu (Enugu West) and all members of the Senate Committee on the Review of the 1999 Constitution
BODIES:
Seeks to establish The Federal Police, State Police, National Police Service Commission, National Police Council, and State Police Service Commission for the States.
THE FEDERAL POLICE SHALL
(a) Be responsible for the maintenance of public security, preservation of public order and security of persons and property throughout the federation to the extent provided for under the constitution or by an Act of the National Assembly.
STATE POLICE
(a) Shall be organised and administered in accordance with such provisions as may be prescribed by a Law of the House of Assembly of a State subject to the framework and guidelines established by an Act of the National Assembly.
COMMISSIONER OF STATE POLICE
(a) Shall be appointed by the Governor of the state on the advice of the National Police Service Commission, subject to confirmation of such appointment by the House of Assembly of the State.
(b) Shall be in office for a period of five years only or until he attains a retirement age prescribed by law, whichever is earlier.
(c) The Governor may give to the Commissioner of Police such lawful directions with respect to the maintenance and securing of public safety and public order as he may consider necessary, and the Commissioner of Police shall comply with those directives.
(d) Where the Commissioner of Police feels that any order given is unlawful or contradicts general policing standards or practice, he may request that the matter be referred to the State Police Service Commission for review.
(d) The decision of the State Police Service Commission shall be final and shall not be inquired into by any court.
(7) An Act of the National Assembly may prescribe a bi-annual certification review of the activities of State Police by the National Police Service Commission to ensure they meet up with approved national standards and guidelines of policing and their operations do not undermine national integrity, promote ethnic, tribal or sectional agenda or marginalize any segment of the society within the state.
REMOVAL OF COMMISSIONER OF STATE POLICE
A Commissioner shall only be removed by the Governor upon the recommendation of the National Police Service Commission praying that he be so removed on any of the following grounds-
a. Misconduct in the performance of his official duties;
b. Serious breach of policing standards;
c. Conviction of any offence by a court of law or tribunal, including administrative tribunals set up by the police authorities for internal disciplining of police officers;
d. Indictment by a judicial body or tribunal for corruption, fraud, embezzlement or other unacceptable conducts in office;
e. Bankruptcy;
f. Mental Incapacity; and
g. Participation in political activities of any kind either within or outside the state and including sponsoring or giving aid to any political group of movement.
*Provided that such removal shall be subject to approval by two-thirds majority of the House of Assembly of the State.
THE NATIONAL POLICE SERVICE COMMISSION SHALL COMPRISE:
a. A Chairman to be appointed by the President subject to the confirmation of the Senate
b. Two members representing the National Human Rights Commission;
c. One representative of the Public Complaints Commission;
d. A representative of the Nigerian Labour Congress to be appointed by the President of the Nigerian Labour Congress;
e. Six retired police officers not below the rank of Assistant Commissioner of Police representing each of the Geo-Political zones of the country to be appointed by the President subject to confirmation of the Senate;
f. A representative of the Nigerian Bar Association to be appointed by the President of the Nigerian Bar Association
g. A representative of the Nigerian Union of Journalists to be appointed by the President of the Nigerian Union of Journalist.
h. The Attorney General of each of the States of the Federation.
THE NATIONAL POLICE SERVICE COMMISSION SHALL BE RESPONSIBLE FOR-
i. The appointment of persons to offices (other than office of the Inspector-General of Police) in the Federal Police;
ii. Exercising disciplinary control over members of the Federal Police;
iii. Recommending to the Governor of a State the appointment of the Commissioner of Police, Deputy Commissioners of Police and Assistant Commissioners of Police of the State Police based on a list submitted to it by the State Police Service Commission of the relevant state and subject to confirmation by the House of Assembly of the State;
iv. Recommending to the Governor, the discipline and removal of the Commissioner of Police, Deputy Commissioners of Police and Assistant Commissioners of Police of the State Police;
v. Supervising the activities of the Federal Police and State Police to the extent provided for in this constitution or by an Act of the National Assembly;
vi. Prescribing standards for all police forces in the country in training, criminal intelligence data bases, forensic laboratories and render assistance to State Police in areas as may be requested by such State Police.
STATE POLICE SERVICE COMMISSION SHALL COMPRISE:
A State Police Service Commission shall comprise the following members
a. A Chairman to be appointed by the Governor subject to the confirmation of the State House of Assembly;
b. A representative of the Federal Government to be appointed by the National Police Service Commission
c. Two members to be appointed by the National Human Rights Commission who must be indigenes of the respective State;
d. One representative of the Public Complaints Commission;
e. A representative of the Nigerian Labour Congress to be appointed by the Chairman of the state branch;
f. Three retired police officers to be appointed by the Governor one from each senatorial zone of the state subject to confirmation of the State House of Assembly;
g. A representative of the Nigerian Bar Association to be appointed by the President of the Nigerian Bar Association who must be a lawyer from the respective state;
h. A representative of the Nigerian Union of Journalists to be appointed by the Chairman of the state branch.
THE STATE POLICE SERVICE COMMISSION SHALL BE RESPONSIBLE FOR:
a. Recommending the appointment of a Commissioner of Police, Deputy Commissioner of Police and Assistant Commissioner of Police to the National Police Service Commission.
b. the appointment, discipline and removal of members of the state police below the rank of Assistant Commissioner of Police; and
c. other functions and powers of the commission as may be specified either in the Constitution or a Law of the House of Assembly of a State.
d. In recommending the appointment of a Commissioner of Police, the Commission shall propose three qualified candidates to the National Police Service Commission.
