Limits of police powers in Nigeria (Continued from last week)

State governors and other public officers as well as traditional rulers and other rich private individuals who use sirens and convoys are in the habit of chasing motorists out of the roads. On December 27, 2012 the Governor of Kogi State, Mr. Idris Wada was involved in a ghastly auto crash at Ayingba, Kogi State. […]

State governors and other public officers as well as traditional rulers and other rich private individuals who use sirens and convoys are in the habit of chasing motorists out of the roads. On December 27, 2012 the Governor of Kogi State, Mr. Idris Wada was involved in a ghastly auto crash at Ayingba, Kogi State. Owing to excessive speed the governor’s car somersaulted severally and eventually crashed into the bush, injuring him, his driver and orderly while his Aide-de-Camp, (ADC), Idris Mohammed lost his life. The governor was in the hospital for months. Before that incident the governor’s convoy had been involved in another accident with a motorcycle rider and the mother of a 3-month-old baby. The deputy governor and speaker of the Kogi State House of Assembly had also been involved in auto accidents on account of the recklessness of convoy drivers. A fortnight ago,  a vehicle in the convoy of Governor  Wada killed Professor Festus Iyayi at Banda village along the Lokoja-Abuja road. The deceased was on his way to Kano to attend the emergency meeting of the National Executive Committee of the Academic Staff Union of Universities to review the 5-month old industrial action by lecturers in public universities in Nigeria.
Having regard to the circumstances of the tragic accident, Governor Wada should bear full responsibility for the criminal negligence of his driver which led to the death of Professor Iyayi. The FRSC should henceforth enforce the speed limit imposed on all drivers, it should apply to all citizens alike. In particular, those who drive official vehicles or governors who commit traffic offences must be brought to book. In this case, the Kogi State government should be made to pay punitive compensation to the family of Professor Iyayi. Governor Wada’s drivers who killed his ADC last year and Professor Iyayi should be arrested and prosecuted for manslaughter. Unlike their boss they are not immune from prosecution for criminal offences!
The Federal Road Safety Commission chairman claimed that 700 convoy drivers have been trained except Kogi State whose governor rejected such training. By not insisting on compliance with the directive the FRSC colluded with the governor to violate Section 11 (3) (c) of the FRSC Act (Cap F19) Laws of the Federation of Nigeria, 2004 which has conferred powers on the FRSC to educate “drivers , motorists and other members of the public generally on the proper use of the highways” and regulate the use of “sirens, flashes and beacon lights on vehicles other than ambulances and vehicles belonging to the Armed Forces, Nigeria Police, Fire Service and other paramilitary agencies.”
The Nigeria Police Council
There is a Nigeria Police Council as provided for by Section 153 of the constitution which shall comprise of the President, the 36 state governors, the Chairman of the Police Service Commission and the Inspector-General of Police. The council is chaired by the President. The primary duty of the 40-member council is the general supervision of the Nigeria Police Force. Before appointing the Inspector General of the Police the President shall be advised by the council. Since 1999 the powers of the council have been usurped and exercised illegally by the President. Without the advice of the council it is doubtful if the appointment of any Inspector General of Police can be said to be valid.
It is also pertinent to point out that the power to give lawful directives to the police is vested in the President and the state governors by virtue of Section 215 of the constitution. In Attorney-General of Anambra State V Attorney-General of the Federation (2005) 9 NWLR (Pt 931) 572 at 616 the Supreme Court held that “The constitution in Section 215 subsection (1) clearly gives the Governor of Anambra State the power to issue lawful direction to the Commissioner of Police, Anambra State, in connection with securing public safety and order in the state.” In view of the authoritative judicial pronouncement on the matter it is the height of illegality and abuse of office on the part of a commissioner of police to disregard the lawful directives  of a state governor.
No doubt, the Nigeria Police Force is under pressure from the political class to infringe on the rights of the Nigerian people. It is obvious that police powers have been hijacked by the ruling party to serve selfish interests. Instead of accusing the police of bias the governors should wake up from their slumber and demand for regular meetings of the Nigeria Police Council. Since the federal government is opposed to the establishment of a state police or decentralization of the police, the Nigeria Police should be activated to exercise general supervision of the police. Furthermore, state governors should ensure that lawful orders given to police commissioners in relation to the security of life and property are carried out in line with the decision of the apex court.
State governors should learn lessons from other victims of human rights abuse by filing actions in court whenever their fundamental rights are violated by the police on behalf of the federal government. In the second republic governors Balarabe Musa and Abubakar Rimi of Kaduna and Kano never hesitated to secure the enforcement of their fundamental right to associate with the Progressive Governors. The struggle for the expansion of the democratic space should not be turned into an intraclass feud. Those who are genuinely interested in acquiring power with responsibility should commence the process of mobilising the people instead of wooing the men of yesteryears who ruined the country.
The book being presented today is the personal testimony of Major Debo Bashorun (rtd) who was the chief press secretary to General Ibrahim Babangida, the head of the military junta when Dele Giwa was brutally murdered on October 19, 1986. The deceased was attacked by official goons because he had insisted on practising journalism without compromise. When the junta decided to cover up the iniquitous act the leading civil rights lawyer, the late Chief Gani Fawehinmi SAN adopted legal measures to expose the suspected killers of Dele Giwa. He was almost killed in the process. As Nigerians did not collectively demand for the trial of the state sponsored terrorists the Sani Abacha junta eliminated some of its political opponents through bomb attacks.  The Boko Haram sect has since taken over the act of throwing bombs from former military dictators.
In order to impose a culture of silence and fear on the country the Mohammadu Buhari junta had enacted Decree No 4 of 1984. Under that notorious legislation two journalists were jailed for exposing the junta to ridicule. Many other journalists were detained for several months without trial. On one occasion the editors of the Nigerian Tribune and New Nigerian newspapers shared the same cell with me at the NSO dungeon at 15 Awolowo Road, Ikoyi, Lagos. Following the palace coup carried out by the Army Chief, General Ibrahim Babangida on August 25, 1985 all detained journalists and other political activists regained their freedom. Decree 4 was repealed in recognition of the right to press freedom. But as soon as the junta consolidated it embarked on a systematic infringement of the fundamental rights of the Nigerian people.
In some countries former military dictators were put on trial for treason and gross abuse of human rights and crimes against humanity. Having succeeded in handing over the reins of power to their cronies and collaborators the former military rulers who ruined the country have been shielded from prosecution. Owing to the looting of the treasury at gun point they have continued to influence the bourgeois politics of the country. The leaders of the APC are currently wooing the discredited dictators in their bid to wrestle political power from the PDP. No one should express dismay over such re-alignment among bourgeois politicians. It is a challenge to genuine progressive forces to mobilize the Nigerian people to expand the democratic space for popular democracy as opposed to liberal democracy which is a dictatorship of the bourgeoisie
Concluded

Address by Femi Falana (SAN) at the presentation of a book by Major Debo Bashorun (rtd) chief press secretary to former Military President General Ibrahim Babangida.