HomeNews
News

The Nigeria Police: Leading From The Back

Law & Society Magazine
By Law & Society Magazine

By Ebun-Olu Adegboruwa, SAN

The Nigeria Police Force was officially commissioned in or around 1930, as the main law enforcement outfit in Nigeria, with about 371,800 members. It was originally established around 1820 by the colonial powers, as an instrument of coercion and enforcement of the native authority system. When eventually the protectorates of Northern and Southern Nigeria were proclaimed in the early 1900s by Britain, there was then established, the Northern Nigeria Police and the Southern Nigeria Police. However, the first statutory recognition for the police came by way of the Police Act of 1st April 1943, which was only recently repealed by the new Police Act of 2020.

There is some kind of mystery surrounding the word ‘force’ associated with the Nigeria Police, as the same is not descriptive of other police formations world over. It has gotten even more mysterious with the recent events within and outside the NPF. Initially, the idea of police for the colonialists was essentially a consular protection unit based in Lagos, meant primarily to secure the property and persons of British citizens and their Nigerian collaborators at the time. So, they were notorious for their abuses and general lawlessness. They behaved very badly in the hinterlands, by looting, stealing and generally taking advantage of their positions and uniforms. They were famed for the brutal subjugation of indigenous communities that resisted colonial occupation, earning them several derogatory titles and general hatred. They were ill trained and mostly picked from amongst the illiterate population, just to make them pliable for easy manipulation by their colonial overlords. The idea of excessive force, violence, repression and command has become part and parcel of the police ever since, regrettably though.

Upon the establishment of the NPF, a command structure was put in place to facilitate its smooth organization and control. This was accomplished through section 215 (1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, which provides as follows:

“There shall be an Inspector-General of Police who, subject to section 216 (2) of this Constitution, shall be appointed by the President on the advice of the Nigeria Police Council, from among serving members of the Nigeria Police Force.”

The above is also replicated in section 7 (3) of the Police Act. Practically speaking, the IGP has overall command of the NPF, save in a few instances of the intervening supervisory jurisdiction of the Police Service Commission. This is why it is expressly stated in section 7 (1) of the new Police Act, 2020, that:

“7 (1) The Inspector-General of Police is the head of the Nigeria Police Force and shall exercise full command and operational control over the Police and all its departments and units.”

To be able to achieve “full command and operational control over the Police”, the IGP has to be someone with cognate experience and intellect, as stated in section 7 (2) of the Act:

“The person to be appointed as Inspector-General of Police shall be a senior police officer not below the rank of an Assistant Inspector-General of Police with the requisite academic qualifications of not less than a first degree or its equivalent in addition to professional and management experience.”

The mode of the appointment of the IGP is specified both in section 216 (2) of the Constitution and also section 7 (3) of the Police Act:

Section 216(2):

“Before making any appointment to the office of the Inspector-General of Police or removing him from office, the President shall consult the Nigeria Police Council.”

“27. The Nigeria Police Council shall comprise the following members:
(A) the President who shall be the Chairman;
(B) the Governor of each State of the Federation;
(C) the Chairman of the Police Service Commission; and
(D) the Inspector-General of Police.”

The NPC is to advise the President on the general organization of the NPF and the appointment or removal of the IGP. From all indications, the NPC has not been functioning as expected, at least from the recent developments involving the 20th IGP, Mr. Mohammed Adamu. He was born in 1961 and he subsequently enlisted in the NPF as a Cadet Assistant Superintendent of Police in 1986, upon his graduation from the Ahmadu Bello University, Zaria. He rose through the ranks until his appointment on January 15, 2019, as the 20th IGP. By February 1, 2021, he attained the mandatory service period of 35 years, as stated in section 18 (8) of the Police Act:

“18 (8) Every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier.”

The above provisions should have been very clear to understand and implement, to the extent that if IGP serves the NPF for 35 years before he attains the age of 60 years, he has to retire, or if the IGP attains the age of 60 years before his mandatory service period of 35 years, he has to retire, the cumulative effect of which is that the law recognizes whichever comes first. For Mr. Adamu, he would be 60 years old in 2022, but since he joined the NPF in 1986, he crossed the mandatory 35 years of service in February 2021. Since his 35 years of service comes before his personal age of 60 years, he is deemed to have retired from the NPF effective February 1, 2021. Some have however raised the seeming confusion said to have been expressed in section 7 (6) of the Police Act, which states as follows:

“The person appointed to the office of the Inspector-General of Police shall hold office for four years.”

The above provisions cannot be interpreted to entitle the IGP to remain a day longer in office beyond either his mandatory 35 years of service or of his personal age of 60 years, whichever is earlier. Thus, even though Mr. Adamu was appointed in 2019, he could not be expected to exhaust the four year tenure donated by section 7 (6) of the Police Act, since in any event, that four year tenure has been circumscribed by section 18 (8) of the same Act. In other words, section 7 (6) which prescribes a four-year tenure for the IGP cannot be deployed to extend the tenure of office of the IGP if he has served his mandatory 35 years of service or if he has attained the age of 60 years before the four-year tenure is exhausted. In this case, Mr. Adamu ceases to be a member of the NPF effective February 1, 2021.

The nation was however kept in suspense concerning the fate of Mr. Adamu until the Honourable Minister for Police Affairs stated that the President had extended the tenure of the IGP for three months, in order to have sufficient time to search out a suitable successor to the office. It is gratifying that the President has not referred to or relied upon any existing law for the purported extension, as there is no such law in existence in Nigeria, empowering the President to extend the tenure of an IGP whose service in the NPF has been determined by statute. The reason for this is simple. Section 215 (1) of the Constitution which deals with the appointment of the IGP states clearly that he must be appointed from “among serving members of the Nigeria Police Force”, and not from the retired sector. To be able to extend the tenure of the IGP therefore, the President has to first deal with the issue of his retirement, the IGP having served out his 35 years mandatory service in the NPF. To extend the tenure would mean that he is still in the service of the NPF, since such an appointment can only be from amongst serving officers.

The NPF is a very sensitive entity, being the security agency saddled with the statutory responsibility of interacting with the civil populace. Generally on paper, the duties of the police are stated in section 4 of the Police Act as being to “… prevent and detect crimes, and protect the rights and freedom of every person in Nigeria as provided in the Constitution, the African Charter on Human and Peoples Rights and any other law; maintain public safety, law and order; protect lives and property of all persons; enforce all laws and regulations without any prejudice to the enabling Acts of other security agencies….”.

To my mind, the President is not entitled, with due respect, to bye-pass the Nigeria Police Council in the consideration of the appointment of the IGP, either substantively, or in acting or extended capacity. Furthermore, there must be capable officers, within the ranks of the existing Assistant Inspectors-General of Police and the Deputy Inspectors-General of Police, from whom the President could have picked the IGP, to act for some temporary period, if indeed time is needed to appoint a successor. The IGP was appointed as far back as January 2019, such that the President had enough time to have determined the issue of succession, without the present controversy that the purported extension of tenure has generated.

Nigeria is presently in dire need of a motivated and friendly police force, not the one which deploys the uniform as an instrument of command, oppression and extortion. The action of the unsavoury extension of tenure for the IGP, when married with the juicy appointment of the ex-service chiefs as career ambassadors, may be interpreted to mean a desire to give a soft landing for those that the President favours. This is why the extension should be withdrawn forthwith, in order to boost the morale of serving officers of the NPF, who are the persons entitled to occupy the office of IGP. Without doubt, the President lacks the power to reabsorb a retired police officer into the NPF through a purported tenure extension which is not contemplated by law.

Previous article
Fresh Trouble At Lekki Toll Gate
Next article
Certificate Of Air Worthiness For Aircrafts
Law & Society Magazine
Law & Society Magazinehttps://lawandsocietymagazine.com

Related Articles

106 COMMENTS

  6. After I originally commented I seem to have clicked
    the -Notify me when new comments are added- checkbox and from now on each time a comment is added I get
    4 emails with the exact same comment. Is there an easy method you are able to
    remove me from that service? Kudos!

    Check out my website; http://pandora.nla.gov.au/external.html?link=https://uchatoo.com/post/263049_https-minecraft-servers-live-you-039-ll-first-must-download-the-minecraft-server.html

  13. Howdy just wanted to give you a quick heads up. The text in your post seem to be running off the screen in Chrome.
    I’m not sure if this is a formatting issue or something to do with internet browser compatibility but I thought I’d post
    to let you know. The style and design look great though!
    Hope you get the issue resolved soon. Kudos

    My website … https://diigo.com/0nwuk3

  14. First of all I would like to say superb blog! I had a quick question that I’d like to ask if you do not mind.
    I was interested to find out how you center yourself and clear your head before writing.

    I’ve had trouble clearing my mind in getting my thoughts out.
    I truly do take pleasure in writing however it just seems like the first 10 to 15 minutes are generally wasted just trying to figure out how to begin. Any ideas or hints?
    Appreciate it!

    Here is my blog – DMC cosplay

  17. With havin so much content do you ever run into any problems of plagorism or copyright infringement?
    My site has a lot of completely unique content I’ve either
    written myself or outsourced but it looks like a lot of it is
    popping it up all over the web without my permission.
    Do you know any solutions to help reduce content from being ripped off?

    I’d truly appreciate it.

    Review my web blog – https://teampages.com/teams/1996546-Net-Lashes–other–team-website/announcements

  18. I loved as much as you’ll receive carried out right here.
    The sketch is tasteful, your authored subject matter stylish.
    nonetheless, you command get bought an nervousness over that you wish be delivering the following.
    unwell unquestionably come more formerly again since exactly the same nearly a
    lot often inside case you shield this hike.

    Here is my blog … http://www.video-bookmark.com/bookmark/5157503/unknown-information-about-minecraft-server-revealed-by-the-specialists/

  19. What you composed was very logical. However, think on this, what if
    you typed a catchier title? I mean, I don’t wish to tell you
    how to run your blog, however suppose you added
    a title that grabbed folk’s attention? I mean The Nigeria Police:
    Leading From The Back – Law and Society Magazine. is
    a little boring. You might peek at Yahoo’s front page and watch how they create post headlines to get viewers to open the links.
    You might try adding a video or a pic or two to get people interested about what you’ve got
    to say. Just my opinion, it could make your posts a little livelier.

    my page: http://tradeusa.info/blog/author/bowlserver00/

  20. Its like you read my mind! You seem to know a lot about this, like you wrote the book in it or something.
    I think that you can do with some pics to drive the message home
    a bit, but instead of that, this is excellent blog.
    A fantastic read. I will definitely be back.

    my web site: diyala University

  22. Hi there, I found your website by means of Google at the same time as searching for
    a related subject, your website got here up, it seems to be good.
    I’ve bookmarked it in my google bookmarks.
    Hi there, just changed into alert to your weblog through
    Google, and located that it’s really informative.
    I’m going to be careful for brussels. I’ll be grateful in case you
    proceed this in future. Numerous people will likely be benefited out of your writing.

    Cheers!

    my site: Star lord cosplay

  24. Have you ever thought about adding a little bit more than just your
    articles? I mean, what you say is important and everything.

    However imagine if you added some great photos or video clips
    to give your posts more, “pop”! Your content is excellent but with pics and video clips, this website could definitely be one of the
    greatest in its field. Great blog!

    Also visit my blog post; theflatearth.win

  33. I’m truly enjoying the design and layout of your blog.
    It’s a very easy on the eyes which makes it much more pleasant for me to come here and
    visit more often. Did you hire out a developer to create your theme?

    Outstanding work!

    Here is my web page … linktr.ee

  38. Great beat ! I would like to apprentice at the same time as you amend your website,
    how could i subscribe for a blog website? The account aided me a applicable deal.
    I had been a little bit familiar of this your broadcast
    offered vivid clear concept

    Also visit my blog post; wert-tools.ru

  48. Unquestionably believe that which you stated. Your favorite reason seemed to be on the web the simplest thing
    to be aware of. I say to you, I certainly get annoyed while people consider worries that they plainly do not
    know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side-effects , people
    can take a signal. Will likely be back to get more. Thanks

    My blog – 4exn.com

  51. Write more, thats all I have to say. Literally, it seems as though
    you relied on the video to make your point. You clearly know
    what youre talking about, why throw away your intelligence on just posting videos to your site when you could be giving us something
    enlightening to read?

    my blog post … discuss

  53. Simply desire to say your article is as surprising.
    The clearness in your post is just excellent and i can assume
    you’re an expert on this subject. Fine with your permission allow
    me to grab your feed to keep updated with forthcoming post.

    Thanks a million and please continue the gratifying work.

    my website :: lovewiki.faith

  60. Definitely believe that which you stated.
    Your favorite reason appeared to be on the internet the easiest thing to be aware
    of. I say to you, I certainly get annoyed while people consider worries that
    they plainly don’t know about. You managed to hit the nail upon the top as well as defined out the
    whole thing without having side effect , people could take a signal.
    Will likely be back to get more. Thanks

    Here is my website … flymouses.com

  61. It is perfect time to make some plans for the future and it’s
    time to be happy. I’ve read this post and if I could I want to suggest you few interesting
    things or suggestions. Maybe you could write next articles referring to this article.
    I wish to read even more things about it!

    Also visit my website; malnaja7.com

  63. you are in point of fact a good webmaster.

    The site loading pace is incredible. It sort of feels that you’re doing any distinctive trick.
    Also, The contents are masterpiece. you’ve done a great task on this topic!

    Feel free to visit my web page discuss

  83. May I simply say what a comfort to find someone that truly knows what they are talking about over the internet.
    You definitely know how to bring a problem to light and make it important.

    More and more people have to check this out and understand
    this side of the story. I was surprised you are not more popular
    since you most certainly possess the gift.

    My website; https://9fa.cc/space-uid-1095097.html

  86. Good day! This post couldn’t be written any better!
    Reading this post reminds me of my good old room mate!

    He always kept chatting about this. I will forward this write-up to
    him. Pretty sure he will have a good read. Thanks for sharing!

    Check out my web site; discuss

  88. Hi would you mind sharing which blog platform you’re using?
    I’m looking to start my own blog in the near future but I’m having
    a hard time choosing between BlogEngine/Wordpress/B2evolution and Drupal.

    The reason I ask is because your design seems different then most blogs and I’m looking for something unique.
    P.S Apologies for getting off-topic but I had to ask!

    Feel free to visit my page :: http://www.hulkshare.com

  93. I was wondering if you ever considered changing the structure of your website?
    Its very well written; I love what youve got to say.
    But maybe you could a little more in the way of content so people could connect with
    it better. Youve got an awful lot of text for only having one or
    two images. Maybe you could space it out better?

    Feel free to surf to my web-site: view more

  99. I loved as much as you will receive carried out right here.
    The sketch is tasteful, your authored material stylish.
    nonetheless, you command get got an nervousness over that you wish be delivering the
    following. unwell unquestionably come further formerly again since exactly the same nearly a lot often inside case
    you shield this increase.

    My blog :: fabnews.faith

  100. Today, while I was at work, my sister stole my apple ipad and tested to see if it can survive a twenty five foot drop, just
    so she can be a youtube sensation. My iPad is now destroyed and she has 83 views.
    I know this is entirely off topic but I had to share
    it with someone!

    My site – darcvigilante.site

  101. Excellent post. I used to be checking continuously
    this blog and I’m inspired! Extremely useful info specifically
    the closing part 🙂 I maintain such info a lot.
    I was looking for this certain information for a long time.

    Thank you and best of luck.

    Also visit my blog onlinetutors.group

  102. Hello! I know this is somewhat off topic but I was wondering
    which blog platform are you using for this
    website? I’m getting tired of WordPress because I’ve had problems with
    hackers and I’m looking at options for another platform. I would be
    great if you could point me in the direction of a good platform.

    My web-site; pediascape.science

Stay Connected.

1,169,000FansLike
34,567FollowersFollow
1,401,000FollowersFollow
0SubscribersSubscribe
- Advertisement -
Click to download the e-book

Latest Articles

Load more