A bill seeking the creation of state police has passed the second reading at the house of representatives. The bill which was sponsored by Onofiok Luke representing Etinan/Nsit Ibom/Nsit Ubium Federal Constituency will alter the constitution in terms of state policing and other state government security services.
According to the constitution of the Federal Republic of Nigeria, the powers to make laws on policing and other government security services are vested exclusively in the federal government. However, Rep. Onofiok Luke is seeking to remove the police from the exclusive list to the concurrent list, so as to empower both the national assembly and houses of assembly of states to legislate on police and other security matters, and also to enhance the security of lives and property in the country.
Leading the debate on the bill during a plenary session on Tuesday, the legislator noted that there is an urgent need to decentralise the police force to tackle the security challenges in the country. He said the bill will enable the composition of the state police council and state police service commission. Luke argued that the current police system needs to be revamped, adding that it falls below the benchmark of the United Nations (UN). “Granted that there is no society without crime or manifestation of criminal behaviour, our inability to bring to the barest minimum crime is a scathing indictment on the current security architecture and structure in the country,” he said.
“The federal structuring of our security does not encourage community policing or localisation of policing. Recruitment and subsequent deployment of police officers in their local area are one of the major ways of curbing crime. Such officers understand the area, terrain, language, behaviour and attitude of the people he or she is policing.
“Nigeria, a country with over 201 million people, is grossly under-policed with about 400,000 police personnel. This number falls far short of the United Nation’s recommendation of ratio 1 per 400 citizens.”
The lawmaker also noted that the Nigerian police structure does not reflect the federal system being practised in the country. “The constitution envisages Nigeria as a federal state. Granting allowance to state governments to establish police force and other security apparatuses will bring Nigeria into original constitutional contemplation of federal state,” he added.
Rep. Tobi Ukechukwu (PDP-Enugu), in his contribution, said the creation of state police was germane to the survival of the country. “About an hour ago, we observed a minute silence in honour of those killed in Kaduna, children have been taken captives and we have had a situation in this country that ordinarily this issue of state police should have been addressed,” he said.
He said the bill was a patriotic move by the sponsor, stressing that the exclusive list needed to shed weight and this would ensure a well-secured country. “There is no state that does not run its own vigilance group as at now, but they are lacking the power to bear arms, arrest and prosecute. We cannot be pretending that everything is okay, it is not a joke that schools are closed in Kaduna,” he said.
The full content of the Bill
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (FIFTH ALTERATION) BILL, 2020
Arrangement of Clauses
Clause:
1. Alteration of Cap. C23, LFN, 2004.
2. Alteration of section 197.
3. Alteration of the Second Schedule.
4. Alteration of the Third Schedule.
5. Citation.
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (FIFTH ALTERATION) BILL, 2020
A Bill
For
An Act to alter the Constitution of the Federal Republic of Nigeria, Cap. C23, Laws of the Federation of Nigeria, 2004 to provide for State Police and other state government security services to enhance security and preservation of lives and properties in Nigeria; and for related matters.
Sponsor: Hon. Onofiok Luke (Etinan/ Nsit Ibom/ Nsit Ubium Federal
Constituency)
ENACTED by the National Assembly of the Federal Republic of Nigeria─
1 The Constitution of the Federal Republic of Nigeria, Cap.C23, Laws of the Federation of Nigeria, 2004 (in this Bill referred to as “the Principal Act”) is altered as set out in this Bill.
Alteration of Cap. C23, LFN, 2004.
2 Section 197(1) of the Principal Act is altered by inserting after paragraph (d), new paragraphs “(e)” – “(f)” –
“(e) State Police Council; and
(f) State Police Service Commission.”
3. The Second Schedule to the Principal Act is altered–
(a) in Part I, by deleting item 45 from the Exclusive Legislative List; and
(b) in Part II, by inserting after item 30 on the Concurrent Legislative List, new items “31” – “32” –
“31. The National Assembly may make laws for the establishment of the Federal Police and other Federal government security services;
32. A House of Assembly may make laws for the establishment of State Police and other state government security services.”
4. The Third Schedule to the Principal Act is altered by inserting after paragraph (8), new paragraphs “9” – “12” – “E State Police Council
9. A State Police Council shall comprise the following members:
(a) the Governor, who shall be the Chairman;
(b) the Chairman of the State Police Service Commission; and
(c) State Commissioner of Police.
10. The functions of a State Police Council shall include –
(a) the organisation and administration of a State Police Force and all other matters relating thereto (not being matters relating to the use and operational control of the Force or the appointment, disciplinary control and dismissal of members of the Force);
(b) the general supervision of a State Police Force; and
(c) advising the Governor on the appointment of State Commissioner of Police.
F State Police Service Commission
11. A State Police Service Commission shall comprise the following members –
(a) a Chairman; and
(b) such number of other persons, not less than five but not more than seven, as may be prescribed by a Law made by the House of Assembly of a State.
12. The Commission shall have power to –
(a) appoint persons to offices (other than the office of the State Commissioner of Police) in the State Police Force; and
(b) dismiss and exercise disciplinary control over persons holding any office referred to in subparagraph (a).”5. This Bill may be cited as the Constitution of the Federal Republic of Nigeria (Fifth Alteration) Bill, 2020.
Speaker of the House, Femi Gbajabiamila, put the bill to a voice vote and it was unanimously adopted and referred to the House Ad Hoc Committee on the review of the 1999 Constitution