The Senate on Wednesday passed the bill seeking to establish state police in Nigeria.
The upper chamber approved the bill after considering the report of its Committee on the Review of the Constitution, presented by Barau Jibrin, its chairman.
The bill’s clauses were considered at the Committee of the Whole before its final passage.
The Senate President, Godswill Akpabio, announced the passage of the bill after more than two-thirds of the senators voted in support via a manual voting process by raising their hands.
At the time the debate began, 87 senators were in attendance, exceeding the constitutionally required two-thirds majority needed to pass such an amendment. Two-third of the Nigerian 109-senate is 73.
The debate on the bill was led by the Senate Leader, Opeyemi Bamidele, before lawmakers proceeded to consider its various clauses.
The legislation seeks to establish a state policing structure that would operate concurrently with the existing federal police system.
However, Clause 17 of the bill, which deals with appointment, command, direction and tenure, provides that while the Federal Police Service shall be headed by the Inspector-General of Police, the State Police Service shall be headed by a Commissioner of Police appointed by the governor of the state, subject to confirmation by the state’s House of Assembly.
Section 17(6) states that a state governor may give lawful written directives of a general policy nature to the Commissioner of Police of the state on matters relating to the maintenance of public safety and public order.
Section 17(7) further provides that the Commissioner of Police of a state shall not arrest, detain, investigate or deploy force against any person, political party or group for criticising the government except in accordance with the law. This provision is intended to prevent the misuse of state police against political opponents or critics, ensuring that any action taken against such individuals or groups complies with due process and existing laws.
Section 17(8) provides that the Inspector-General of Police or a Commissioner of Police of a state may request the appropriate Police Service Commission to review any directive considered unlawful or inconsistent with national minimum standards. The provision further states that nothing in the section shall oust the jurisdiction of the courts.
Section 17(10) provides that a Commissioner of Police of a state shall not be suspended or removed except for a stated cause, in accordance with the principles of fair hearing, on the recommendation of the National Police Council and subject to approval by a resolution supported by not less than two-thirds of all members of the state’s House of Assembly.
With the Senate’s passage of the bill, it will now be transmitted to the House of Representatives for concurrence. If approved by the lower chamber, it will then be forwarded to the 36 State Houses of Assembly for ratification. For the constitutional amendment to take effect, it must be approved by at least two-thirds of the states, which translates to 24 state assemblies.
The legislation seeks to establish a state policing structure that would operate concurrently with the existing federal police system.
Source: Premium Times
