Introspection

Mirror Mirror on the wall… The Nigeria Police Force

The Nigerian police's pre-1999 record is replete with unlawful detentions, extra-judicial killings, inordinate levels of corrupt practices and a revoltingly high rate of human rights abuses.

Under military rule, police functioning was completely controlled by the establishment. Internal disciplinary systems in the Nigeria Police Force were utilised more to deal with cases of inter-personal relations amongst police personnel rather than cases of ill treatment of members of the public whom they came in contact with. For example, the Police Code of Conduct contained in the Police Regulation of 1968 provides for steps to be taken in dealing with police insubordination or misconduct against fellow officers. The Code was silent about observing the rights of citizens the police came in contact with.

Post-military rule, the Nigeria Police Force went on to introduce certain internal and external accountability that would improve police-community relations in the country.

Organisation of the Nigeria Police Force

The Mechanisms

Internal oversight

The Nigeria Police Force has a multi-layered internal disciplinary system that can be invoked by members of the public that are aggrieved by acts of police misconduct. These mechanisms include verbal or written complaints to any superior police officer about acts of misconduct involving his or her subordinates. If the complainant is dissatisfied with the action of the superior officer s/he could complain to higher officers including the office of the Inspector General of Police.

Such complaints could also be sent to the police Public Complaints Bureau (PCB) located in the police public relations department of every state police command or to the police Provost Department at the Force headquarters, which are responsible for investigating acts that negate police ethics and profession with a view to finding out the genuineness of such complaints or otherwise. The police provost department is also responsible for conducting orderly room trial against erring police officers.

Within the Force Criminal Investigation Department (FCID), there is also the X-Squad made up of plain clothes police personnel who occasionally conduct surveillance on the activities of patrol officers and those on checkpoints or on stop and search duties. Successive Inspectors General of Police have also established ad hoc monitoring units that report directly to them and are usually called IGP's Monitoring Unit (MU).

External oversight

Nigeria has a number of external bodies, which exercise oversight over the Nigerian Police Force. Many of these are government agencies, the Police Service Commission in particular has been playing a significant role in ensuring effective oversight, facilitating police reform and building public confidence.

Judicial oversight

Chapter four of the 1999 Constitution of the Federal Republic of Nigeria contains the 'Bill of Rights.' Many of its provisions have a bearing on the mechanism and processes of police accountability. The Constitution guarantees the rights to life and dignity, prohibits torture ; guarantees rights of accused person to be presumed innocent until adjudged guilty by a competent court, to due process and to private property. It also guarantees freedom of movement, religion and association etc.

Police officers who abuse their powers are liable to civil and/or criminal proceedings depending on the nature of the abuse. Sections 341 and 374 of the Police Regulations clearly pronounce the liability of individual police for abuse of power. In the case of criminal liability, either the Nigeria Police Force or the Attorney-General of a State or of the Federation will have to invoke the process. They will do this only in a case they consider serious and in which the power exercised by an officer is considered unjustified.

Media oversight

The media as such does not have any formal oversight role on the activities of the police. However, the role of the media as regards oversight on the activities of the police has an important bearing on the accountability of the police to its public.

The Constitution in Section 22 provides that " the press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives and uphold the responsibility and accountability of the Government to the people." This enables the media in keeping an informal check on the police functioning in order to create an accountability process.

Parliamentary oversight: House Committee on Police Affairs

The House Committee on Police Affairs is a committee set up by members of the House of Representatives to look into budgetary matters that affect the Nigeria Police Force. The members consist of elected members of the House of Representatives. They are also charged with the responsibility of formulating, passing and ensuring the implementation of appropriate legal framework and policies that would assist the Nigeria Police Force carry out its constitutional duties. The Committee have also looked into cases of police abuse of human rights and come up with their independent reports
The Committee also exercises budgetary oversight on the police. The Nigeria Police Force presents its annual budget to the House Committee through the Ministry of Police Affairs.
The Committee also holds interactive forums with stakeholders on policing One of the major outcomes of the interactive forum was the setting up of a 10 man committee to work on the review of the Police Act and Regulations.

Ministry of Police Affairs

The Ministry Police Affairs has oversight powers on the budget and disbursement of funds to the Nigeria Police Force. The budget for the police is prepared and disbursed from the ministry. It is also tasked with the responsibility of the welfare of the police officers.

The Ministry has established the Police Performance Monitoring Unit (PPMU), with the following mandate:

• Receiving and collating complaints alleging offences and misconduct by members of the Nigeria Police Force.
• Processing the complaints through to the disciplinary authorities, the police high command for investigation and sanction.
• Demanding feedback on the outcome of the actions taken by the disciplinary authorities and inform the complaints accordingly.
• Preparing quarterly and annual reports on its activities or the office of the Honorable Minister of Police Affairs.
• Developing public confidence with respect to the efforts of the Nigeria Police Force, the PSC and the PPMU to prevent inappropriate police conduct.
• Assisting in transforming the Nigeria Police Force into a body that deserves and enjoys the respect and support of the community in preventing and combating crime.

The PPMU is purely an advisory body. Its jurisdiction stops at the Police high command and at the Police Service Commission's doors.

National Human Rights Commission

The National Human Rights Commission was established by the Human Rights Act 1995. The Commission was established during the military era and therefore to a certain extent lacked credibility with both local NGOs and international human rights organisations. The Commission reports straight to the President and the National Assembly. Its head office is in Abuja and zonal offices in Lagos, Kano, Enugu and Maidguri.

The mandate of the Commission includes:

• Monitoring and investigating all alleged cases of human rights violation in Nigeria and to make appropriate recommendations to the Federal Government.
• Assisting victims of human rights violations and seeking appropriate redress and remedies on their behalf.
• Undertaking studies on all matters relating to human rights and assisting the Federal Government in the formulation of appropriate policies on the guarantee of human rights.
• Publishing regular reports on the state of human rights protection in Nigeria.

The Nigeria Police Council

The 1999 Constitution established the Nigeria Police Council. The Police Council consists of:

• the President as the Chairman;
• the Governor of each State of the Federation;
• the Chairman of the Police Service Commission; and
• the Inspector General of Police.

The functions of the Police Council include:

1. the organisation and administration of the Nigeria Police Force.
2. the general supervision of the Nigeria Police Force; and
3. advising the President on the appointment of the Inspector-General of Police.

Under the law the President is required to consult the Nigeria Police Council before making appointment to the office of the Inspector-General of Police and before removing him or her from the post.

The state governors constitute an overwhelming majority of the membership of the highest organ of control of the Nigeria Police Force.

Political accountability of the Nigerian Police Force

The Constitution makes the police directly responsible to the President and State Governors regarding the 'maintenance and securing public safety and public order'. This is significant because the President is the Chairman of the Nigeria Police Council and state governors are also members of the Council.

Police Service Commission

The Commission is seen as one of the most effective oversight mechanisms of the Police. The 1999 Constitution of the Federation provided for the establishment of the Police Service Commission with the following members:

1. Chairman
2. A total number of members not exceeding 9 or less than 7 as prescribed by an Act of the National Assembly.

The Police Service Commission (Establishment) Act prescribes the following charter for the Commission:

• appointing and promoting all officials of the Nigeria Police Force (other than the Inspector-General of Police),
• dismissing and exercising disciplinary control,
• formulating policies and guidelines for the appointment, promotion, discipline and dismissal of officers of the Force,
• formulating and implementing policies aimed at improving the efficiency and discipline of the Force,
• performing such other functions as, in the opinion of the Commission, are required to ensure optimal efficiency in the Force; and
• carrying out such other functions as the President may from time to time direct.

The membership of the Commission includes representatives of the human rights community, organised private sector, women and the media as well as a retired justice of superior court. The Police Service Commission has the legal powers to receive complaints on police conduct, investigate these complaints, and enforce any disciplinary measures it deems fit.

Although it has no powers for criminal prosecution, it is able to dismiss officers and refer their cases for criminal prosecution. It also has the powers to develop and implement policies for the Force. The PSC has the powers to ensure that promotion is based on merit, therefore providing incentives to police officers to maintain good conduct.