Senate Panel To Recommend Breakup Of Police Operations

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*IG To Lose Some Powers Over Deployment, Funding
*Members Fail To Agree On State Police

To make the police responsive, pro-active and effective in the
face of a breakdown of internal security, the Senate Committee on
Constitution Amendment is considering a proposal that will tinker
with the structure of the police.

The committee resorted to adjustment of the structure because
the members failed to agree on the proposal for state police.

After a rancorous debate on the police, sources said the members
decided to push the issues to plenary for a decision.

“The decision on the state police was along ethnic lines”, the
source added.

The proposed plan will be part of the amendment and
recommendations to be submitted to the Senate at plenary next month
after resumption from vacation.

It seeks to decentralise the police operation to bring it closer
to the people.

In the new arrangement, there will be additional 17 zonal
commands, zonal police council, state security advisory council and
community policing advisory council.

The zonal commands shall have operational and budgetary control
over the police formations in the zones.

In what appears like semi-autonomy, the zonal commands is to
prepare and submit to the Force Headquarters their budget which the
inspector-general of Police shall forward to the National Assembly
for approval.

The deployment of an Assistant Inspector-General of Police to a
Zone and or his removal from a Zone shall be subject to
confirmation by the Senate.

The Inspector-General of Police is stripped of powers to remove
an Assistant Inspector-General of Police at will.

The removal of an Inspector-General of Police and an
Assistant-Inspector-General of Police shall be based on two-thirds
majority of the Senate.

Also, the funding of the police will be at Zonal, State and
local levels.

Special levies and or taxes are to be introduced in the states
and in the Zones for the purpose of the Fund.

The Senate and the House of Representatives Committees on
Constitution Review may defer debate on State Police to the
plenary.

It was learnt that members of the two committees were not able
to agree on State Police.

These details of the recommendation are contained in a bill for
an Act to alter the Constitution of the Federal Republic of Nigeria
to decentralize the operations and funding for the police for state
and communities to participate in policing in Nigeria and for other
related matters.

Some of the amendments to the 1999 Constitution to be proposed
for consideration are as follows: “ Section 215(1)(a) an
Inspector-General of Police who, subject to section 216(2) of this
constitution shall be appointed by the President on the
recommendation of the National Police Council from among serving
members of the Nigerian Police subject to the confirmation of such
appointment by the Senate.”

“215(1)(b) a Commissioner of Police for each State of the
Federation who shall be appointed by the Police Service Commission
and deployed by the Inspector-General of Police.

“215(1}(c) A commissioner of Police for a State shall serve in
that capacity for a minimum term of two years which may be renewed
or extended for another period of two years and no more.”

On the Zonal Structure of the Nigerian Police Force, Section
215{1)(d) | The Zonal Commands of the Nigerian Police Force shall
consist as follows:

The breakdown of the Zonal Commands of the Nigeria Police Force
(NPF) is as follows: Zone 1 (Kano/Jigawa); Zone 2-(Lagos/ Ogun);
Zone 3-(Adamawa/Taraba); Zone 4-(Benue/Nasarawa/ Plateau); Zone
5-(Edo/Delta); Zone 6-(Akwa Ibom/Cross River); Zone 7-(FCT/Niger);
Zone 8-(Kogi/Kwara); and Zone 9-(Abia/Ebonyi/Imo).

Others are Zone 10-(Sokoto/Kebbi/Zamfara); Zone 11-(Osun/Oyo);
Zone 12-(Bauchi/Gombe); Zone 13-(Anambra/Enugu); Zone
14-(Katsina/Kaduna); Zone 15-(Borno/Yobe); Zone 16-(Bayelsa/Rivers)
and Zone 17-(Ondo/Ekiti).

A document exclusively obtained by THE NATION gave insights into
the modus operandi of the Zonal Commands.

It says: “Each Zonal Command shall be headed by an Assistant
Inspector-General of Police who shall report to the inspector
General of Police.

“The Zonal Command shall be headed by an Assistant
Inspector-General of Police of Police who shall be deployed by the
Inspector General-of Police on the recommendation of the Zonal
Police Council who shall forward at least six names for the
consideration of the Inspector-General of Police from among serving
members of the Nigerian Police.

The deployment of an Assistant Inspector-General of Police to a
Zone and or his removal from a Zone shall be subject to
confirmation by the Senate..

“The Zonal Commands shall have operational and budgetary control
over the Police formations in the Zones and shall prepare and
submit to the Force Headquarters their Budget which the
Inspector-General of Police shall forward to the National Assembly
for approval.”

There was also an alteration to Section216 of the 1999
Constitution on the removal of Inspector-General of Police and an
Assistant inspector-General of Police.

Thr removal of an Inspector-General of Police and an
Assistant-Inspector-General of Police shall be based on two-thirds
majority of the Senate,. .

Section 216(1) says: “An Inspector-General of Police shall only
be removed by the President upon the recommendation of the National
Police Council praying that he be so removed on any of the
following grounds

(a) misconduct in the discharge of his official duties;

(b) breach of Police Act, Regulation and Code and Code of
Conduct;

(c) conviction of any offence by court of law or tribunal,
including administrative tribunals set up by the Police Authorities
for internal discipline 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 country, including sponsoring or giving aid
to any political group or movement:

Provided that such removal shall be subject to approval by a
resolution of two thirds majority of the Senate.

( 2) An Assistant Inspector-General of Police shall only be
removed by the Inspector. General of Police upon the recommendation
of the Zonal Police Council praying that he be so removed on any of
the following grounds

(a) misconduct in the discharge of his official duties;

{b) breach of Police Act, Regulation and Code and Code of
Conduct;

(c) conviction of any offence by court of law or tribunal,
including administrative tribunals set up by the Police Authorities
for internal

discipline 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 participation In political activities
of any kind either within or outside the country, including
sponsoring or giving aid to any political group or movement:

Provided that such removal shall be subject to approval by a
resolution of two thirds majority of the Senate.

“A commissioner of Police of a State shall only be removed by
the Inspector-General of Police upon the recommendation of the
State Police Council 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 political group or movement.

According to the document, governors are now to preside over
Zonal Police Advisory Council.

This development is in line with the alteration of Part 1 of the
Third Schedule to the Principal Act by inserting a new Section
“27(2)” and a new “sub-heading “Zona! Police (ADVISORY)
Council”

The document adds: “Section 27(2) The Zonal Police (Advisory)
Council shall comprise the following members

(a) Governors in the Zone (to preside as Chairman in
rotation);

(b)} Assistant inspectors-General of Police in the Zones;

{c) Commissioners of Police in the Zones;

(ad) Chairmen of Traditional Councils of States i the Zones;

(e) 3 Representatives Religious Organisations from the
Zones;

(f) Representatives of Civil Societies from the Zones;

“By inserting a new Section “28(2)”, the functions of the Zonal
Police (Advisory?) Council shall include

{a) the organisation and administration of the Police in the
Zones and ail other matters relating thereto (not being matters
relating to the use and operational control of the Police or the
appointment, disciplinary control and dismissal of members of the
Police);

(a) the general supervision of the Police in the Zones; and

{d) advising the Inspector-General of Police on the deployment
of Assistant Inspector-General of Police to the Zones.

{c) by inserting a new Section “28(3)”

The Senate Committee also recommended the establishment of the
Zonal Police (Advisory) Council Fund

Section 28 (3) says: “ There shall be established a Fund into
which shall accrue all monies that shall be saved and employed
strictly in the circumstances as provided for in this
Constitution.

“ The Fund shall be known as the Zonal Police (Advisory) Council
Fund and shall consist of contributions from the Governors in the
Zone and from other sources as hereunder stated. The sole objective
of the Fund shall be to provide an assured fund to

support the operation of the Police in the Zones and shall be
solely employed in the circumstances provided for in this
Constitution.”

The amendments contained regulations on how to fund Zonal, State
and Local Government Security Advisory Council.

On the zonal structure the alteration says:” The Fund shall
consist of:

(a) An initial contribution of N… to be contributed as
follows:

i) the sum of N….. each to be contributed by the states
(Governors) from the Zones
Section 31(1) borders on State Police Security (Advisory) Council
which shall comprise the following members

(a) The Governor as the Chairman

(b) Commissioner of Police in the State; (c} The Heads of all
Federal Security Agencies in the State;

(d) All the Area Commanders and Divisional Police Officers in
the State;

(e) Two retired Police officers not below the rank of Assistant
Commissioner of Police who are indigenes of the State;

(f} Attorney-General and Commissioner for Justice in the
State;

(g) Three Traditional Rulers from each of the three senatorial
districts in the state;

(h) two members to be appointed by the National Human Rights
commission who shall be indigenes of the respective State:

(I) One representative of the Public Complaints Commission

(j) A representative of the Nigerian Labour Congress to be
appointed by the Chairman of the State Branch;

(k) three retired Police officers of not less than the rank of
inspector to be appointed by the Governor, one from each senatorial
districts Of the State subject to confirmation by the State House
of Assembly;

(i) Chairmen of the branches of Nigerian Bar Association In the
State;

(m) Chairman of the Nigerian Union of Journalists in the
State,

(n) Youth Leaders to be appointed by the Governor;

(0) Three representatives of Civil Societies;

(p) Three representatives of women societies In the State;
and

(q) Heads of Hunters and Local Vigilante Groups In the
State.

“The State Security (Advisory) Council shall be responsible
for

*Advising the Inspector-General of Police on the Security
situation in the State through the Commissioner of Police;

*other functions and powers of the Council as may be specified
either In the Constitution or a Law of the House of Assembly of a
State.”

”A Community Policing Advisory Council shall comprise the
following members

(a) the Local Government Chairman of the Local Government
Area;

(b) All First-Class Traditional Rulers in the Local
Government;

(d) At least two retired Police Officers who are not below the
Rank of Chief Superintendent of Police from the Local Government;
and follows

(e) Heads of Hunters and Local Vigilante Groups in the Local
Government Area.

“The funding of Community Policing Advisory Council is as
follows:

(ii) The sum of N…..each to be contributed by the Local
Government Areas in the zones; and

(iii) The sum of N….. to be contributed by commercial
banks/companies etc in the zones.

(a) a minimum monthly /quarterly contribution of not less
than….. percent (…%) of the monthly/quarterly allocation from the
Federal Government by the States in the zones;

(b) a minimum monthly/quarterly contribution of not less than
…..percent (….%) of the monthly /quarterly allocation from the
Local Government Areas in the zones.

(d) such sum as may de paid voluntarily by any person whether by
way of gift, bequest or such other donation made from time to
time;

(e) Revenue accruing periodically from approved investments made
out of the fund;

(f)Other revenue accruing to the fund by means not provided for
in this constitution. “