The discord between the Police Service Commission (PSC) and the Nigeria Police Force (NPF) is, on so many grounds, not merely unhealthy, to put it mildly, it is dangerous to the polity. Furthermore, that it is not a recent matter, but one that began as far back as 2018 speaks volumes about the terrible quality of leadership at the highest level of this country.
The PSC stands upon the relevant provisions of the 1999 Constitution, as well as the pronouncement of the Supreme Court to maintain that it has the full authority and power to recruit personnel into the NPF except the position of the Inspector-General of Police (IGP). Successive IGPs from Mohammed Adamu (2019-2021) to the current IGP Kayode Egbetokun, claim that the Force has that right on the strength of the provision of Section 18 of the Nigeria Police Act, 2020. It is most strange that there can be a dispute in this matter that every reasonable person can quickly decide upon. Indeed, Part II, Section 3(1) of the Nigeria Police Force Act, 2020 clearly subjects its provisions to the Constitution of the Federal Republic of Nigeria.
The Constitution is the ‘supreme’ body of laws by which Nigeria is, can, and must be legitimately governed. And it is unequivocal to declare that ‘if any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void’. This is not merely a law, it is the law. Therefore, that any one will press into service the provision of any act whatsoever, to make an undue claim defies reason.
It is bad enough that the matter can drag for so long (since 2018) in successive governments that have attorneys-general of the federation who, as ‘Chief Law Officer of the Federation and a Minister of the Government of the Federation’ should clarify the position of the law to the quarreling institutions of government. Why they did not do this, as well as why they did not accordingly advise the Chief Executive of the Federation, only these AGFs can explain their respective deafening silence. On the other hand though, in this unique clime of anything-goes- in-government circle, it is not impossible that an AGF may advise the President on the right course of action but, as one former president arrogantly said, he was not bound to accept it.
There are two legs to the PSC, NPF disagreement. On one hand is the authority to recruit, on the other is the allegation by the latter of ‘irregularities’ and acts of ‘corruption’ in the latest recruitment processes carried out under PSC chairman IGP (retired) Solomon Arase now removed without explanation. The first leg of the matter settled in law. On the second leg, the PSC has challenged the NPF to provide ‘verifiable evidence’. Furthermore, according to Adoyi Adoyi, chairman of the PSC Joint Union Congress, in a press interview, the recruitment process was implemented by a board of 12 person that included representatives from Ministry of Police Affairs, Federal Character Commission, and from the Police itself, the vice-chairman, the secretary, and one other.
That two federal institutions that report to the Presidency can disagree needlessly (because it is a matter already settled by both the Constitution and the highest court in the land) is an indictment on both conflict management competence and overall leadership capability at several levels of authority – the Presidency, the Ministry of Police Affairs, the Police Council, and the National Assembly. The matter, responsively and responsibly taken up and addressed, should never have degenerated into the public arena. It is an embarrassment to Nigeria and its people. Beyond that, an under-policed land puts the entire internal security at risk. The evidence is glaring enough as terrorists, kidnappers, and bandits roam free.
Buhari reportedly approved with the concurrence of the then Executive Council of the Federation in 2018 that 60,000 personnel be recruited at 10,000 each year. This was necessary because at less than 400,000 to a population of over 200 million, the NPF has for long been undermanned. The Force’s manpower is far below the United Nations recommended officer- to-population ratio of 1:450. There has never been a greater urgency to beef up the strength of the NPF in view of the worsening insecurity in the land. Alas, this sense of urgency to secure the lives and wellbeing of the citizens appears lacking within government.
It is strange too that it is only in the matter of recruitment that the NPF raises issues. It may not be out of place to ask if money is also at issue. Unionist Adoyi says while the Presidency released money to the Nigeria Police Force for the entire process of recruitment, including the money for the commission it has not been given its share.
Since the ‘who has the authority to recruit’ squabble began, only 20,000 officers have been hired. Meanwhile, as the two institutional elephants fight, and higher authorities look on unconcerned, Nigerians are at the mercy of God. Also, even as the high echelon of the NPF distracts itself with recruitment matters, the Force, with far fewer personnel than it needs, is, ipso facto, incapable of both efficiency and effectiveness in the discharge of its 9-point mandate that most importantly includes to ‘prevent and detect crimes, and protect the rights and freedom of every person in Nigeria as provided in the Constitution, the African Charter on Human and Peoples Rights, and any other law’.
If this irritating and needless discord occurred in the Buhari’s administration, why should President Bola Tinubu allow it under his watch? This festering matter provides reason, among others, to worry if Tinubu can and will make a difference for good from his immediate predecessor.
There is, in this matter, something to say about a lack of discipline and decorum, disrespect for hierarchy, and separation of powers constituted authority, and the rule of law. But of course, this would not happen if all involved directly or indirectly lived up to their respective constitutional oaths of office. Mr Ebun-Olu Adegboruwa, SAN, has hinted perceptively that irrespective of what the statutes say, who has the strongest connection to the highest level of power can determine outcomes in these matters. Arase has been relieved of his chairmanship. ‘If I must tell you this, the Nigeria Police Force hierarchy is closer to the Presidency than the Police Service Commission,’ says Adoyi, chairman of the PSC Joint Union Congress.
While this unhealthy discord between the PSC and the NPF continues and distracts both from their respective constitutional functions, a less than 400,000-strong Police Force struggles to detect and prevent crime among 200 million Nigerians spread over nearly a million square kilometers of territory, the hapless youths, who passed the recruitment tests remain in limbo, and acts of criminality continue in the land.
To resolve the matter, Mr Adegboruwa suggests that the President sets up a committee. But it is not necessary. The law is clear and unequivocal. Mr Tinubu, as chief executive of this federation should take charge, call for the objective interpretation of it from his AGF, and act accordingly. That is the meaning of the ‘Rule of Law’ which this president qualified as ‘paramount’ and committed himself to uphold in his campaign document Agenda for a Better Nigeria. Nigeria should not be perceived to be governed by ‘the rule of who you know.’
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