Pushed to the wall over state police

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1963 Constitution News

BRACED Commission,Nigeria Police,State Police

The proposal to create state police and if possible local government police is consistent with the principle of true federalism and decentralisation of powers.

The arrangement would enable the states to effectively maintain law and order especially during emergencies.

The arrangement, they argued, enabled the federating states to effectively maintain law and order, especially during other social upheavals such as inter-communal riots, youth restiveness, riots and ethnic militancy without the often costly delays in obtaining federal approval by the Commissioner of Police even when a State Governor has so directed or requested.

In some instances however, people often accuse these groups as some kind of local “militia” who would not hesitate to take the laws into their hands at will and molest people. The recent experiences in some parts of this country constitute sufficient lessons not to allow local “militia” to be formed.

The fall of the first Republic was partly blamed on the ignoble use of the Regional and local police. It was therefore, feared that it was too soon in the life of Nigeria’s nascent democracy for the idea of State Police to be entertained. For this school of thought, it was argued that the need for state Commissioners of Police to occasionally clear operational instructions with the Inspector-General was intended to check abuses and ensure that the orders by Governors were actually lawful.

Chapter 7 Section 105 of the 1963 Constitution states that “ There shall be a police force for Nigeria, which shall be styled the Nigeria Police Force. Subject to the provisions of this Constitution, the Nigeria Police Force shall be organised and administered in accordance with such provision as may be made in that behalf by Parliament.

Nothing in this section shall prevent the legislature of a Region from making provision for the maintenance by any native authority or local government authority established for a province or any part of a provision of a police force for employment within that province. A person shall not be qualified to hold office as a member of the Police Service Commission of the Federation, if he is a member of either House of Parliament, a member of a legislative house of a Region, a Minister of the Government of the Federation, a Minister of the Government of a Region or a member of the public service of the Federation or the public service of a Region:

BRACED Commission Nigeria Police State Police

 

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