Ekweremadu to represent Bill on State Police Tuesday

Sanni Onogu, Abuja

 

 

Barring any last minute changes, immediate past Deputy Senate President, Senator Ike Ekweremadu, will on Tuesday represent his Bill on State Policing, The Nation learnt on Sunday.

It could be recalled that Ekweremadu had presented a similar bill during the 8th Senate which did not sail through.

The Bill, according to the Enugu West Senatorial District lawmaker, seeks to establish the Federal Police, State Police, National Police Service Commission, National Police Council, as well as State Police Service Commission for the States.

According to excerpts from the Bill sighted by our reporter in Abuja, the Federal Police shall be “responsible for the maintenance of public security, preservation of public order and security of persons and property throughout the federation to the extent provided for under the Constitution or by an Act of the National Assembly.”

Similarly, the State Police “shall be organised and administered in accordance with such provisions as may be prescribed by a Law of the House of Assembly of a State subject to the framework and guidelines established by an Act of the National Assembly.”

The Bill also stipulates how the National Police Service Commission (NPSC) is to be constituted.

It says that the Commission shall comprise of a Chairman to be appointed by the President subject to the confirmation of the Senate, two members representing the National Human Rights Commission and one representative of the Public Complaints Commission.

Others include a representative of the Nigerian Labour Congress (NLC) to be appointed by the President of the NLC and six retired police officers not below the rank of Assistant Commissioner of Police representing each of the Geo-Political zones of the country to be appointed by the President subject to confirmation of the Senate.

A representative of the Nigerian Bar Association to be appointed by the President of the NBA, a representative of the Nigerian Union of Journalists to be appointed by the President of the NUJ and the Attorney General of each of the States of the Federation shall also be members of the Commission.

Besides, the Bill provided that the NPSC shall be responsible for the appointment of persons to offices – other than office of the Inspector-General of Police – in the Federal Police.

The Commission shall also exercise disciplinary control over members of the Federal Police and recommend to the Governor of a State the appointment of the Commissioner of Police, Deputy Commissioners of Police and Assistant Commissioners of Police of the State Police “based on a list submitted to it by the State Police Service Commission of the relevant state and subject to confirmation by the House of Assembly of the State.”

Another function of the Commission includes to recommend to the Governor, the discipline and removal of the Commissioner of Police, Deputy Commissioners of Police and Assistant Commissioners of Police of the State Police.

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It is also to supervise the activities of the Federal Police and State Police to the extent provided for in the Constitution or by an Act of the National Assembly.

Besides, it would also prescribe standards for all police forces in the country in training, criminal intelligence data bases, forensic laboratories and render assistance to State Police in areas as may be requested by such State Police.

The Bill further stipulates that shall be appointed by the Governor of the state on the advice of the NPSC, “subject to confirmation of such appointment by the House of Assembly of the State.”

According to the Bill: “The Governor may give to the Commissioner of Police such lawful directives with respect to the maintenance and securing of public safety and public order as he may consider necessary, and the Commissioner of Police shall comply with those directives.

“Where the Commissioner of Police feels that any order given is unlawful or contradicts general policing standards or practice, he may request that the matter be referred to the State Police Service Commission for review.

“The decision of the State Police Service Commission shall be final and shall not be inquired into by any court.”

The Bill added: “An Act of the National Assembly may prescribe a bi-annual certification review of the activities of State Police by the National Police Service Commission to ensure they meet up with approved national standards and guidelines of policing and their operations do not undermine national integrity, promote ethnic, tribal or sectional agenda or marginalize any segment of the society within the state.”

In addition, the Bill provides that the Commissioner of a State Police shall only be removed by the Governor upon the recommendation of the NPSC on grounds of misconduct in the performance of his official duties, serious breach of policing standards and conviction of any offence by a court of law or tribunal.

Other grounds for the removal of a Commissioner of State Police, according to the Bill are indictment by a judicial body or tribunal for corruption, fraud, embezzlement or other unacceptable conducts in office.

Besides, bankruptcy, mental incapacity, participation in political activities of any kind would also lead to removal of a Commissioner of State Police from office, “provided that such removal shall be subject to approval by two-thirds majority of the House of Assembly of the State.”

The Bill further provides that a State Police Service Commission (SPSC) shall comprise of a Chairman to be appointed by the Governor “subject to the confirmation of the State House of Assembly.”

Other members of the SPSC, according to the Bill, shall include representative of the Federal Government to be appointed by the NPSC, two members to be appointed by the National Human Rights Commission “who must be indigenes of the respective State” and one representative of the Public Complaints Commission.

There shall also be a representative of the NLC, to be appointed by the Chairman of the state branch and three retired police officers to be appointed by the Governor in Senatorial bases, subject to confirmation of the State House of Assembly, in the SPSC.

A representative of the NBA, to be appointed by its President who must be a lawyer from the respective state and a representative of the NUJ to be appointed by the Chairman of the state branch, would also be members.

According to the Bill, the SPSC shall be responsible for recommending the appointment of a Commissioner of Police, Deputy Commissioner of Police and Assistant Commissioner of Police to the NPSC.

The SPSC, the Bill said, shall also superintend over the appointment, discipline and removal of members of the state police below the rank of Assistant Commissioner of Police.

It shall also carry out other “functions and powers of the commission as may be specified either in the Constitution or a Law of the House of Assembly of a State.

“In recommending the appointment of a Commissioner of Police, the Commission shall propose three qualified candidates to the National Police Service Commission,” the Bill added.