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Akaraiwe: State Police Is An Idea Whose Time Has Come

Published by Guardian on Mon, 27 Aug 2012


Former 1st Vice President of the Nigerian Bar Association (NBA), Ikeazor Akaraiwe, spoke on how to reform the police, reports LAWRENCE NJOKU in Enugu.State PoliceSTATE and Local Government Police is an idea whose time has come. I concede that abuses of the type experienced in the First Republic are possible but it is unintelligent for us to throw away the superior and certainly federal concept of State Policing because of the likelihood of abuse. There is a solution to the fear-of-abuse problem.Create a National Judicial Commission (NJC)-like type of Police Council with oversight over the State Chiefs of Police the way the Chief Justice of Nigeria has oversight over the State Chief Judges. The NJC is an anti-federalism concept but has protected the State Judiciaries from being excessively beholden to the state Chief Executives. Let us do the same with State Police.The National Police Council (NPC) is already provided for in the 3rd Schedule of the Constitution at Section 37. Amend it to appoint the Inspector General the chair and bring in State Chiefs of Police, the way some Chief Judges are rotational members of the NJC. The NPC will discipline State Chiefs of Police, among other functions. This ought to dispel the fear of abuse problem.Also, take away from the State Governors the power of appointment of their Chiefs of Police. Create a State Police Committee in every state, made up of the civil society ' Nigerian Bar Association, Nigeria Labour Congress, Nigeria Union of Journalists, Christian Association of Nigeria, Jama'atu Nasril Islam, Nigerian Medical Association, the Nigeria Union of Teachers, etc.It becomes their duty to nominate the Local Government or State Chief of Police from a shortlist sent by the governor. They nominate three persons in order of preference, forward to the State House of Assembly, which confirms or alters the order of preference or rejects the list. If rejected, back to the committee it goes and if confirmed it goes to the National Police Council, who may confirm or reject anyone on the list. Pretty much like the appointment of judges.I recommend the statute setting up the National Orientation Agency (NOA) as a guide. It provides for various civil society organisations to be on the Board of NOA.Secondly, let us use the old common law classification in apportioning responsibilities for new Police, state and federal. How' Hand over to the Federal Police felonies or offences punishable by three years and above, and to the State Police misdemeanours or offences punishable by six months to three years. The Local Government Police should handle simple offences, punishable by less than six months.Thirdly, have the Federal Police in every state, and call its chief, Commissioner of Police. Call the head of the State Police, Chief Constable of Police, equivalent in rank to the Federal Police Commissioner, only that s/he is employed by the state. And call the head of Local Government Police, the Local Government Police Officer. The federal counterpart is the DPO.Someone asked on the television the other day, what happened if there was a squabble between two communities from different states and it degenerated into a shooting war between the police units of each state. Answer. The Federal Police steps in and disarms and prosecutes the antagonists. Make laws to cover this situation.Police Prosecution Of CasesTake away prosecution of criminal cases in the Magistrates' Courts from the Police and hand over to the Ministry of Justice. Employ more lawyers for this purpose.One of the headaches of criminal justice delivery in Nigeria is the inefficient prosecuting by ill-equipped policemen against highly motivated lawyers. Thus, free up policemen to do strict policing functions.BarracksAnd please, don't house state policemen in barracks; they've got to live among the people. That's how to police. They dress in plain clothes every day and go to work. Then, change into their uniform while at work. Like judges who wear a suit to court and change into the paraphernalia of office in chambers.With state policemen living among the people, they would combine knowledge of the local language, culture and terrain with the advantage of living among the populace.
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