Global Journal of Politics and Law Research Vol.8, No.2, pp.65-79, March 2020 Published by ECRTD-UK ISSN: ISSN 2053-6321(Print), ISSN: ISSN 2053-6593(Online) PRESIDENTIAL CONTROL OF THE NIGERIA POLICE: CONSTITUTIONAL REFORMS FOR ORGANIZATIONAL PERFORMANCE DEVELOPMENT AND POLITICAL NEUTRALITY Chineze Sophia Ibekwe, LL.B, LL.M, PhD (Labour Law) Head, Department of Commercial and Property Law Nnamdi Azikiwe University, Awka, Nigeria. Contact: [email protected], 08080239789. Post: Faculty of Law Nnamdi Azikiwe University, PMB 5025 Awka, Anambra State, Nigeria. Onyeka Nosike Aduma, LL.B, LL.M (Law) Lecturer, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria. ABSTRACT: As a federation, Nigeria recognizes three tiers of governance: federal, state and local governments. There is no state or local government police in Nigeria, a single federal police force is responsible for maintaining peace and order in all nooks and crannies of the federation. The Constitution grants virtually unrestricted control over the Police Force to the President. This excessive control impedes the ability of the police force to cultivate and imbibe a culture of respect for the rule of law and recognition of the equality of all citizens before the law. This article interrogates the legal scope of Presidential control over the Force and how it affects the efficiency, impartiality and employment indices of the Nigeria Police. Adopting the doctrinal research method, it was posited that the performance output job security, and deployment of the police force is adversely affected by excessive presidential control. Citizens’ confidence in the impartiality of the Police is at an all-time low, especially as regards political neutrality. It is recommended that the President’s control over the police force be whittled whilst the independence of the Police Council and the Police Service Commission are strengthened. KEYWORDS: Nigeria Police, presidential control, legal reforms, employment efficiency, political neutrality, state policing. INTRODUCTION The police are a legally recognized security outfit, usually set up to carry out the functions of law enforcement and maintenance of order upon citizens of a nation state. They are also the major emergency arm of the community in times of personal and public crisis.1 The police perform vital functions of crime prevention, protection of lives and properties, preservation of order, arrest of offenders, crime detection, prosecution of offenders, conducting searches and personal identification.2 All of these functions aim to 1 Idowu Johnson, ‘Policing in Contemporary Nigeria: Issues and Challenges’ (2013) African Journal for the Psychological Study of Social Issues, 70 – 77. 2 S. 4 of the Police Act (Cap P19, Laws of the Federation of Nigeria 2004) for general duties and Part IV of the Police Act (ss. 23 – 30) for specific duties. 65 Global Journal of Politics and Law Research Vol.8, No.2, pp.65-79, March 2020 Published by ECRTD-UK ISSN: ISSN 2053-6321(Print), ISSN: ISSN 2053-6593(Online) build and maintain a secure society without which a nations’ economy would quickly deteriorate into crime, anarchy and poverty. A professional, dedicated and motivated police force that effectively maintains law and order indispensible for economic growth. An efficient and responsive police force contributes to the confidence of members of the society to go about their work and invest in businesses, which in turn makes money for the State. Legitimate use of force to coerce conformity with the legal and political system is a vital feature of any police force. This perspective has influenced the viewpoints of many legal scholars on the role of the police. For instance, Alemika3 sees policing as a coercive/ideological regimentation of social life through the activities of police and sundry state intelligence and security forces, and through other measures aimed at deducting and suppressing behaviours, actions, and orientations that threaten the prevailing social order. Every society has an element of criminality and whilst levels vary from place to place, the efficiency of the police force plays a large role in suppressing criminal activity to the barest minimum. A breakdown of law and order will always lead to chaos and economic loss, the disruption of normalcy, escalation of crime and attendant insecurity. An organization like the police is like a double-edged sword. In the hands of a just leader, its aims and objectives are carried out for the greater good of the society; in the hands of a bad leader, it becomes an instrument of intimidation, harassment and human rights abuses such as has been reported in Nigeria. A number of factors ranging from funding, proper training, adequate remuneration, discipline, leadership and so on will determine the output of the organization. It follows that control of the police is not an issue to be treated with levity. In Nigeria, the President wields considerable influence over the Nigeria Police Force. The authority to wield this influence is enshrined in the Constitution. This article will interrogate the impact of presidential control on the labour efficiency of the Nigeria Police and on the confidence of Nigerian citizens to go about their work lives unhampered by executive intimidation.. The Police Authority Structure and Oversight The 1943 Police Act4 makes provision for a rigidly enforced command structure. Orders and directives flow from the Inspector General of Police (IGP) and the Deputy Inspectors General (DIG’s) down the chain of command to any officer positioned to implement such orders. Disobedience or failure to carry out a directive attracts punitive sanctions.5 Each of Nigeria’s 36 states, as well as the Federal Capital Territory, is served by an administrative unit known as a State Command; hence there are 37 Commands plus the Force Headquarters. The Force Headquarters is the office of the Inspector General of Police. The state commands are grouped into 12 Zonal Commands—with two to four states in each zone—each under 3 EO Alemika, “Criminology and the Philosophy of Policing” in Tamuno, TN et al (Eds.), Policing in Nigeria: Past, Present and Future, (Lagos: Malthouse, 1995). 4 Cap P19 LFN 2004 5 Section 6 Police Act 66 Global Journal of Politics and Law Research Vol.8, No.2, pp.65-79, March 2020 Published by ECRTD-UK ISSN: ISSN 2053-6321(Print), ISSN: ISSN 2053-6593(Online) the supervision of an Assistant Inspector General of Police (AIG).6 Each state command is headed by a Commissioner of Police (CP) who is directly accountable to the AIG in the respective zone. Any contingents of the Nigeria Police Force stationed in a state shall, subject to the authority of the Inspector- General of Police, be under the command of the Commissioner of Police of that state. State commands are divided into smaller areas manned by Assistant Commissioners; and police divisions each of which is headed by a divisional police officer (DPO). Within these police divisions, there may be any number of police stations, police posts, and village police posts.7 Presidential Control over the Police. The Constitution provides for a sole Federal Police and unequivocally prohibits the establishment of any other Police Force in Nigeria. Section 214(1) reads: ‘There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section, no other police force shall be established for the federation or any part thereof.8 The implication is that other tiers of Government are estopped from establishing or constituting any organization that could act in the stead of the Nigeria Police, whether at state or local government level. To further butress that there is no question as to which tier of Government the Police belongs, the Exclusive Legislative List found in the Second Schedule of the 1999 Constitution, lists the Police as the sole responsibility of the Federal Government.9 These double-barreled provisions lay to rest any ambiguity that may arise from any question as to whom the Police is answerable. Not only did the Constitution make the Police a Federal parastatal, it vested enormous powers of control over the force in the President. Thus in section 215(3) reads: The President or such other Minister of the Government of the Federation as he may authorize in that behalf may give to the Inspector- General of Police such lawful directions with respect to the maintenance and securing of public safety and pubic order as he may consider necessary, and the Inspector-General of Police shall comply with those directions or cause them to be complied with. Furthermore, to show the totality of the control the Constitution gives the President over the Police, section 215 (4) provided as follows: 6 Nigeria Police Force, 2009 Annual Report of the Nigeria Police Force, http://www.nigeriapolice.org/police-annualreport.html, accessed 27th February 2020, p. 81. 7 Ibid , p. 94. 8 Section 214(1) Constitution of the Federal Republic of Nigeria (CRFN) 1999 9According to section 4(2) CFRN, the National Assembly has powers exclusively to legislate on any matter included in the exclusive legislative list and any matter in the concurrent legislative list to the extent prescribed in the second column opposite thereto. See also Section 214(1)(a) and (c). 67 Global Journal of Politics and Law Research Vol.8, No.2, pp.65-79, March 2020 Published by ECRTD-UK ISSN: ISSN 2053-6321(Print), ISSN: ISSN 2053-6593(Online) Subject to the provisions of this section, the Governor of a State or such Commissioner of the Government of a State as he may authorize in that behalf, may give to the Commissioner of Police of a State such lawful directions with respect to the maintenance and securing of public safety and public order within the State as he may consider necessary, and the Commissioner of Police shall comply with these directions or cause them to be complied with.