MY reaction to the recent write-up in one of the Social Media “9ja Community” written by one Femi Falana, not my respected learned friend, hardworking, courageous and humanitarian SAN, was to ignore the write-up by reasons of the many inexactitudes in its constitutional citation and wrong inferences therefrom.

My further reservations emanated from the fact that the sections of the Constitution and the African Charter on Human and Peoples Rights cited in the write-up in support of the fact that Mr.Okiro should not head the PSC were to the contrary i.e in support of Mr. Okiro’s appointment. For instance, the writer stated in paragraph 3 as follows:

“Section 156 thereof (i.e. the 1999 Constitution as amended) provides that a member of any such bodies shall not be required to belong to a political party.” The above statement is not only false but abysmally misleading. Section 156 of the 1999 Constitution (as amended) states as follows: “156 (1) No person shall be qualified for appointment as a member of any of the bodies aforesaid if- (a)  He is not qualified or if he is disqualified for election as a member of the House of Representatives; (b)  Within the preceding ten years, he has been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct.

(2) Any person employed in the public service of the Federation shall not be disqualified for appointment as a chairman or member of any of such bodies; provided that where such person has been duly appointed he shall, on his appointment, be deemed to have resigned his former office as from the date of the appointment.

(3) No person shall be qualified for appointment to any of the bodies aforesaid if, having previously been appointed as a member otherwise than as an ex-officio member of the body, he has been re-appointed for a further term as a member of the same body.”

From the above Section 156 of the 1999 Constitution rendered verbatim it will be seen that the provisions do not require that the member of such bodies “shall not be required to belong to a political party.” The 1999 Constitution does not put any impediment on the way of any Nigerian. Rather on the contrary all such members from time immemorial had always belonged to a political party. The important factors in an appointment of this nature are competence, integrity and dedication to duty.

We submit further without fear of contradiction that Mr. Mike Okiro has all the above qualities, and above all he is a detribalized Nigerian who will always put the country first, and above his personal or group interest. Before the Nigerian Civil War the then Chairman of the PSC, Alhaji Sule Katagum was a card carrying and staunch member of NPC (Northern People’s Congress). Also when the Obasanjo regime came on board Mr. Okeke (popularly called Ochendo) a staunch PDP member from the South-East became the Chairman of the PSC followed by the immediate past chairman of the PSC.

It is interesting to observe that the author of the mischievous write-up even conceded that Mr. Mike Okiro is eminently qualified for the post of chairman of the PSC when he stated as follows, “while the former IGP might have qualified for the post on account of his experience in the Nigeria Police Force…” The writer’s reference to Section 13 of the African Charter on Human and Peoples Rights did not enhance his contention that Mr. Mike Okiro, though qualified to head the PSC is precluded by some provisions of the 1999 Constitution as amended and a Section of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

On the contrary, Mr. Mike Okiro’s appointment by the president had received thunderous ovation and approbation by most Nigerians, including serving police officers. For example, on page 13 of The Punch Newspaper of Friday, May10, 2013, it was stated that the AIG Zone two Lagos described the appointment of Mr. Mike Okiro as the PSC Chairman “as a blessing to the force” while the AIG Zone 5, Benin described the appointment “as the best appointment in the history of the PSC and he will perform very well because he is a man of integrity.” The author is looking for cheap publicity by being the agent of enemies of progress and those that do not wish the Police well.

Barth Ozoana, is a Legal Practitioner, Notary Public & Retired Police Officer