Columns

May 14, 2024

Pushed to the wall over state police(5), by Eric Teniola

Who else but Professor Benjamin Nwabueze (2), by Eric Teniola

From last week, this is the concluding part of the submissions on state police by the Obi Wali sub-committee of the Constitution Drafting Committee of July 1975, with specific reference to the policy, organisation and administration of the police which shall be under the general supervision of the Nigeria Police Council. 

THE Police Council to be kept fully informed concerning the matters under its supervision and shall cause the Council to be furnished with such information as the Council may require with respect to any particular matter under its supervision(Recommendation 13). (14) The Nigeria Police Council may take recommendations to the Government of the Federation with respect to any matter under its supervision, and if in any case the Government acts otherwise than in accordance with any such recommendations it shall cause a statement containing that recommendation and its reasons for acting otherwise than in accordance with those recommendations to be laid before the National Assembly. 

The Constituent Assembly submitted its report on August 29, 1978 and the Assembly was dissolved on September 20, 1978. The Supreme Military Council headed by General Olusegun Obasanjo on September 21, 1978, promulgated Decree 25 as the 1979 Constitution for the country, to take effect on October 1, 1979.

Unfortunately by the time the Constitution was released to the public in 1979, the recommendations of Dr Obi Wali’s subcommittee as it relates to state governors being members of the Nigeria Police Council, was deleted. Issues like the National Youth Service Corps Decree 1973, the Public Complaints Decree 1975, the Nigerian Security Organisation Decree 1976 and the Land Use Decree 1978 which were never adopted at the Constituent Assembly were all included in the 1979 Constitution. 

Till today we do not really know whom to blame, either the Supreme Military Council or the Constituent Assembly headed by Justice Udo Udoma or the three legal drafting team of the Constituent Assembly—Justice Omoloulu Thomas, Justice Bashir Wali or Justice G.C. Okeke. 

The 1999 Constitution is like the 1979 Constitution as it stands now in terms of the Nigeria Police Force. If they can, the Legislators should amend the Constitution and allow the creation of State Police and the Local Government Police. It will be in the interest of everyone. 

That is not to say that the creation of State Police or the Local Government Police will end the security challenges in the country. No. It will simply reduce it.

Concluded