Why Nigeria needs urgent Police reform

Recent developments in Nigeria underscore and bring to focus urgent need for Police Reform. Rising insecurity, deficit in law enforcement capabilities and effectiveness; resort to self-help by individuals and communities, and the recent establishment of zonal security outfits by states, all portend failures of the police and other security agencies to protect citizens. The involvement […]

Recent developments in Nigeria underscore and bring to focus urgent need for Police Reform. Rising insecurity, deficit in law enforcement capabilities and effectiveness; resort to self-help by individuals and communities, and the recent establishment of zonal security outfits by states, all portend failures of the police and other security agencies to protect citizens.

The involvement of the military in internal security, which has yielded little impact in curtailing the scourge of terrorism in the North east, armed banditry and kidnapping and other criminality across the  country, makes it imperative to urgently and properly reposition the Police to perform its primary duty of ensuring internal security.

To achieve this all stakeholders, need to redouble their efforts to ensure the quick passage of the police reform bill and provide a modern legal framework to drive police reform.

Early this year, the two chambers of the National Assembly went on extensive deliberation on the rising insecurity in the country. The Senate called on President Muhammadu Buhari to declare a national security emergency in the country. The same day, the House of Representatives passed a resolution calling on the Service Heads of the security agencies to resign or be sacked.

These developments indicate that things have got out of hand with the insecurity in Nigeria. This calls for urgent action. Police reform is a necessity that must be urgently addressed to resolve the intractable security quagmire that confronts the country.

The reform must enhance professionalism, effectiveness, efficiency and welfare, and must promote discipline and accountability in the Police Force. Fortunately, the Senate and House of Representatives have commenced fresh consideration of the Police Reform Bill that failed to pass during the 8th Assembly.

Purpose of the Bill

The Bill sets out to repeal the antiquated 1943 Police Act and enact a new Police Bill and a legal framework that brings the Nigeria Police into conformity with modern democratic, responsive, accountable and service-oriented policing.  It seeks to ensure cooperation and partnership between the police and the communities they serve in maintaining peace and combating crime; and for related matters.

 

Context

The current ‘Police Act and Regulations’ was promulgated by colonial authorities in 1943. It predates the universal declaration of human rights (UDHR) of 1948 and has not been reviewed since it was enacted. However, current security challenges call for urgent review of the Act.

Rising internal security challenges have ignited calls for community policing and the devolution of policing powers and resources. Although the federal government has initiated a community policing program, it has yet to take off effectively due to the absence of clarity and a legal framework.

The criminal justice system has been plagued by perennial challenges. Because the police is the face and entry point of the criminal justice system, experts have argued that the challenges confronting the criminal justice system are associated with defective policing. Therefore, police reform is a sine qua non for a fundamental and meaningful change in the criminal justice system.

Several issues should be considered for reform. The procedure for appointing and removing the IGP needs to be depoliticized. A transparent, competitive and merit-driven process is most desirable as it will ensure security of tenure and operational independence for the IGP, as well as accountability to multiple constituencies.

Police brutality, torture, extra-judicial killings, corruption and abuses of the rights of citizens remain prevalent-almost epidemic. These necessitate mechanisms that strengthen administrative, operational and civilian oversight of the police. Provisions in the current Police Act and Regulations that discriminate against female police personnel should be reviewed.

Funding and budgeting process remain critical challenges for the police, while inter-agency coordination in policing service delivery remains poor. Police oversight, internal control systems and external accountability mechanisms remain very weak and ineffectual.

Significant innovations in the Bill

Important, innovative legislative developments that target criminal justice reforms have left the Nigerian Police in the dust. The Police Reform Bill tries to bring the Police to speed with these developments. It incorporates some of the innovations to ensure complementarity with the Nigerian Correctional Services Act 2019, the Administration of Criminal Justice Act 2015, the Gender Policy of the Nigeria Police 2010, the African Charter on Human and Peoples’ Right, the Anti-torture Act 2017 and the 1999 Constitution.

Community Policing

The Bill addresses threats to national security and peace by mainstreaming community policing – to strengthen community engagement and participatory policing. Importantly, it introduces measures to ensure that the community policing initiative can be sustained, and to improve crime intelligence and information sharing, communication and accountability.

Strengthens the Police Council (PC)

The PC is a Constitutional creation and the highest policy making body for the NPF. Its composition includes the President who is the Chairman, Governors of the 36 States and the FCF, Chairman of the Police Service Commission, Inspector-General of Police and Secretary to the FGN who shall be the Secretary to the Council. Under the Bill, the PC will meet quarterly and may hold emergency meetings when necessary. This will strengthen policy direction for the Police. The appointment and removal of the IGP shall be based on the recommendations of the Police Council.

Functions of the IG

The Bill also outlines the key functions of the Inspector General of Police (IGP). This include developing annual national policing plans that outline priorities, objectives, cost implications and expected outcomes, and determining manpower distribution of the Police in consultation with the Police Service Commission, and as determined by the security situation in the country. The IGP is also responsible for the continual development of police capacity through training and maintaining operation control. It is very signal that the IGP now also has responsibility for facilitating access to legal aid for suspects in police custody and shall submit annual reports of such assistance provided to the AGF and National Assembly. He or she will develop on zonal and command priorities for national strategic plans in consultation with Zonal AIGs and State CPs and incorporate them into the national strategic plan for the next financial year.

Strengthening Human rights and Gender Balance

The Bill emphasizes respect of human rights and expands the duties of the police to include provision of services to the citizens, including facilitating access to legal services. It prohibits proxy arrests – no one may be arrested for the offence of another. It incorporates key provisions of the Constitution, the ACJA and the Correctional Service Act regarding humane treatment and respect for dignity of citizens and suspects. It prohibits torture.

In what would be rightly referred to as an important step, the Bill prohibits unfair practices that discriminate against women especially. It requires gender inclusion in the performance of policing duties.

Planning, Financial and Operational Accountability

The Bill provides for the development of an annual Policing Plan and incorporates provisions that will enable proper financial planning, management and accountability. Estimates of income and expenditure for ahead of each financial year.

To monitor trends and strengthen oversight of how the police exercise their powers of arrest, the Bill requires the IGP to remit to quarterly reports of arrests to the Attorney General of the Federation (AGF). The Bill institutionalizes public complaints and disciplinary mechanism by giving statutory character to the current Police Complaints Response Unit, .

 

Collaboration and Professionalism

Another key development under the Bill is its emphasis on collaboration with other agencies, which should reduce duplication of duties among other law enforcement agencies. The Bill also promotes professionalism by requiring professionals in criminology, psychology, sociology, law, medicine or pathology to be recruited into the Force. It engenders collaboration between the IGP, Ministry of Police Affairs and the Police Service Commission in the development of training resources for Police officers.

The Bill establishes a Police Reward Fund for recognition and commendation for gallant and exemplary service. The Reward Fund shall be applied and disbursed at the direction of the IGP, based on criteria that will be laid by the Police Service Commission. The Fund will provide enable payment of ex gratia compassionate gratuities to widows or children of deceased members of the force, including ex gratia payments towards the funeral expenses of any member of the police who dies in active service.

Attempts in the past to pass the bill have been unsuccessful. Although the bill was introduced to the National Assembly in 2004, it only came up for public hearing at the Senate in December 2018. The Senate eventually passed the Bill in May 2019, but it failed to pass at the House of Representatives.

The Bill was recently re-presented before the Ninth National Assembly. The progress that it has made through the legislative process since it was represented may be an indication that this National Assembly is intent on reforming the Police. On February 25, 2020, the House of Representatives held a public hearing on the Bill. A second public hearing by the Senate may only be weeks away.

This is a great opportunity to support the early passage of the Bill during the life of the Ninth Assembly. However, the opportunity calls for consultations with and among all the critical stakeholders, including the civil society organisations and the media, to identify the grey areas, build consensus on the changes we want to see in the Police, and eliminate obstacles as we make this concerted to push for the quick passage and eventual assent by the President. This may be our one opportune moment to reach our end goal of a new reform-oriented Police Service Act.

Editor’s Note: The earlier publication was wrongly attributed to Lauratu Umar Abdulsalam. It is now being corrected under a rightful owner in the person of Okechukwu Nwanguma, He Consults for the Rule of Law and Anti-Corruption(ROLAC) and the Nigerian Policing Programme (NPP) on policing and reforms in Nigeria.