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Civilian Oversight and Accountability of Police in Nigeria Civilian Oversight and Accountability of Police in Nigeria Edited by E. E. O. Alemika and I. C. Chukwuma Civilian Oversight and Accountability of Police in Nigeria Edited by E. E. O. Alemika and I. C. Chukwuma Civilian Oversight and Accountability of Police in Nigeria __________________________________________ Published by: Centre for Law Enforcement Education (CLEEN) 1 Afolabi Aina Street Ikeja 100281 Lagos, Nigeria Tel: 234-1-4933195 Fax: 234-1-4935339 E-mail: [email protected] And Police Service Commission Federal Secretariat, Phase 1 Shehu Shagari Way Abuja First published in 2003 by: Centre for Law Enforcement Education 1 Afolabi Aina Street Ikeja, 100281 Ikeja, Lagos, Nigeria And Police Service Commission Federal Secretariat, Phase 1 Shehu Shagari Way Abuja ISBN: © All rights reserved. No part of this publication may be republished, stored in any retrieval system or transmitted, in any form or by any means, electronic, photocopying, mechanical, recording or otherwise, without the prior approval of the publishers. Typesetting: Toyin Ibrahim Printed by: Mbeyi and Associates Ltd, Lagos TABLE OF CONTENTS Acknowledgements Preface Ayo Obe, Member Police Service Commission Addresses and Speeches Opening Address - Simon Okeke, Chairman, Police Service Commission Welcome remarks - Innocent Chukwuma, Executive Director, Centre for Law Enforcement Education Chairman’s Opening Speech Adolph Wabara, Senate President, Federal Republic of Nigeria Keynote Address - Akin Olujimu, Federal Attorney/Minister of Justice Declaration of Workshop Open - Olusegun Obasanjo, President, Federal Republic of Nigeria Vote of Thanks Ahijo Bamangar, Permanent Secretary, Police Service Commission Papers Presented 1. Civilian Oversight of Policing: Lessons from the Literature - Joel Miller, Vera Institute of Justice 2. Police Accountability in Nigeria: Framework and Limitations - Etannibi E.O. Alemika, University of Jos 3. Internal Disciplinary Systems as Important Complement to - External Oversight of Police in Nigeria Innocent Chukwuma, Centre for Law Enforcement Education, Lagos 4. Civilian Oversight of Policing; The South African Experience - Karen Mckenzie, Independent Complaints Directorate, South Africa 5. The Role of Media in Ensuring Police Accountability in Nigeria - Edetaen Ojo, Media Rights Agenda, Lagos 6. Reforming the Police in Nigeria - Chidi Anselm Odinkalu, Open Society Justice Initiative, 7. Investigation and Discipline of Police Personnel - Sunday Ehindero, Deputy Inspector General of Police, Administration 8. Improved Training on Disciplinary Investigation - Musa Abdulkadir, Deputy Inspector General of Police, Training 9. Creating Awareness on Concept and Principles on Civilian Oversight of Police - Parry Osayande, Retired Deputy Inspector General of Police 10. Towards Effective Policing in Nigeria - Kanu Agabi, Special Adviser to President Appendix I. Communiqué II. Regulations on Offences Against Discipline in the Nigeria Police Force III. Police Service Commission (Establishment) Act ACKNOWLEDGMENTS This publication is based on a three-day workshop on Civilian-Police Public Access Procedure, organised by the Police Service Commission and the Centre for Law Enforcement Education in collaboration with the Open Society Justice Initiative and the Vera Institute of Justice. The workshop held at Chelsea Hotel, Abuja from September 24 – 27, 2003. The workshop was the first phase of a three-phased project aimed at strengthening the institutional capacity of the Police Service Commission as a civilian oversight body on the police in Nigeria. The publication is a product of the contributions of many organisations and individuals, too numerous to mention here. However, the follow deserve special commendations: Our first appreciation goes to the Open Society Justice Initiative for providing the main funds for organizing the workshop and this publication in addition to providing the organizing team the expertise of its Senior Legal Officer for Africa, Chidi Anselm Odinkalu and Programme Officer Maxwell Kadiri. Similarly, we thank Macarthur Foundation for providing part funding for the workshop, which enabled the participation of representatives of 20 civil society groups in the workshop under the umbrella of the Network on Police Reform in Nigeria (NOPRIN). We are grateful to the President, Federal Republic of Nigeria, Chief Olusegun Obasanjo, for accepting the invitation to declare the workshop open and for sending the minister of Police Affairs, Chief Broadrick Bozimo, to represent him. We also thank the Inspector General of Police, Mr. Tafa Balogun, for his opening remarks to the workshop and for his approval of the participation of fifteen superior police officers in the workshop, led by two Deputy Inspector General of Police – Mr. Sunday Ehindero and Musa Abdulkadir. Finally, the contributors and participants deserve our special commendation for their brilliant presentations and robust debates which the workshop a success. The names of the paper contributors are listed against their papers reproduced in this publication. PREFACE Ayo Obe Member, Police Service Commission An effective and efficient police service is – in today’s world – one of the clearest and most direct expressions of the social contract between citizens and the state. The state is to provide the citizens with security, in return for which the citizens render unto the state – whether (as in the past) in the form of military service or (as more often nowadays) in the form of taxation. While Nigeria does face various external threats, it is not – as at 2003 – a nation at war. Rather, the threat to our security is internal – most specifically from criminal activity within our own borders: the invasion is not of our country, by foreign armies, but of our homes, by armed criminals or of other aspects of our lives and property by ne’er-do-wells. It is to meet this challenge that the nation state in today’s world maintains police authorities. Nigeria is no exception. The Nigeria Police Force – today established under section 214 of the Constitution of the Federal Republic of Nigeria 1999 – is the only body in the country with constitutional authority to police the society and to provide the security and the maintenance of law and order which the citizen has a right to expect from his or her government. Despite this monopoly of policing authority however, there has been a severe loss of confidence in the Nigeria Police Force on the part of citizens. The result has been an explosion of societal ills – from instant or mob “justice” to a plethora of non-constitutional agencies such as ethnic militias and vigilante organisations, many of which, whatever their original lofty aspirations, have compounded the problems which they set out to solve (often with the grossest abuses of human rights) and which have increased the sense of helplessness on the part of would-be law- abiding citizens. One of the tasks facing the country therefore, is the re-establishment of a sense of confidence on the part of the general public in the efficiency, fairness and impartiality of the Nigeria Police. But can this confidence be re-established if the public feel that their own concerns regarding the performance of police officers are irrelevant? When a police officer is being considered for promotion or punishment, his or her record is examined and considered. But whether favourable or unfavourable, it is on the whole, only the assessment of fellow or senior police officers that goes to make up that record. Such fellow police officers are only too aware of the difficulties and problems that their colleagues face in their attempt to maintain law and order, to prevent criminal activity and to detect offenders and collect the evidence on which a case can be built which will secure the conviction and punishment of criminals in a court of law. But should such understanding on the part of police officers excuse errant behaviour on the part of their fellows? It is said that “much is expected of those to whom much is given”. And while the individual members of the Nigeria Police could – on one level – justifiably remark that “much” is not given to them, for the ordinary citizen, the power of life or death, the power of liberty or arrest, the right to bear arms: these constitute the “much” in return for which the highest standards of behaviour must be demanded. It is against this background that the Police Service Commission, in collaboration with the Centre for Law Enforcement Education, the Open Society Justice Initiative and the Vera Institute, held its first national workshop on Public Access Procedures at Abuja in September 2003. The Police Service Commission, established under section 153 of the 1999 Constitution, is the very embodiment of the concept of civilian oversight for the Nigeria Police Force. It is the Commission which is responsible for the appointment, promotion, discipline and dismissal of every police officer in Nigeria other than the Inspector-General of Police1. Of its seven members and Secretary, only one member is a retired senior police officer. The rest come from the non- police sector of society. The Act under which it is established goes further to specify that its members should include a representative each of women, the Nigerian Press, Nigerian human rights non-governmental organisations and the organised private sector. But how meaningful can this laudable diversity of societal interests be, and how much confidence can the public have in its decisions as to appointments, promotions
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