Legal Framework for Policing via thisdaylive
Against the background of the gross abuse of police powers in the northern and western regions in the first republic the drafters of the 1979 Constitution recommended the establishment of the Nigeria Police Force for the entire federation. In order to justify the aberration it was said that single police is not inherently incompatible with federalism.
Unlike the armed forces which are headed by the President and Commander-in-Chief the Nigeria Police Force is headed by the Inspector-General of Police. By the combined effect of sections 215 and 216 of the 1999 Constitution an Inspector-General of Police shall not be appointed or removed from office by the President without consulting and seeking the advice of the Nigeria Police Council .
Whereas the secret agency established by the National Security Agencies Act law is the State Security Service the federal government has been allowed to turn it into an organ of the federal government like the Nigeria Police Force. It is now called the Department of State Security Service . But in Mimiko v. Agagu v. Mimiko 32 WRN 16 the Court of Appeal berated both security agencies for supporting the candidate of the ruling party.
At the meeting of the National Economic Council held on August 16, 2018 it was unanimously resolved by the members that the Nigeria Police Force be decentralised for effective performance.
During a meeting with traditional rulers led by the Ooni of Ife, Oba Adeyeye Ogunwusi on August 1, 2019, President Muhammadu Buhari was reported to have unfolded a two-pronged approach to stem the spike in cases of kidnapping, killing and banditry that have worsened the security situation in the country. The president, according to a statement by his chief spokesmen, Mr. Femi Adesina promised to equip the police with advanced technology with a view to improving their capacity to fight crimes.
Since Nigeria is a capitalist society the right to the defence of property is constitutionally guaranteed by section 33 of the Constitution which states that “A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary – for the defence of any person from unlawful violence or for the defence of property.
Whereas the Inspector General of Police been issuing police permit for public meetings and rallies. But in Inspector-General of Police v ANPP 12 WRN 65 it was held by the federal high court that police permit for rallies was illegal and unconstitutional and that the governor is the appropriate authority who may delegate powers to a Commissioner of Police under the Public Order Act. It was further held that the Inspector-General of Police cannot exercise any power under the Act.
While relying on the National Security Strategy Vice President Yemi Osinbajo has said that: “We recognize that Nigeria’s greatest resource is its people and that the truest measure of our progress lies in the degree to which access to opportunities for empowerment and self-actualization are provided. Consequently, we will promote free enterprise, inclusive economic growth and continue to aggressively pursue the diversification of the economy with emphasis on developing our human capital.
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