The Mid-West reserved its position on the clause ‘which may involve the use of arms’.  (3) Training facilities, depots and stores shall be organised on a Regional basis. Recruitment shall be the responsibility of the Regional Commissioner of Police acting in accordance with policy laid down by the Regional Government. (4) At the national level there shall be a Police Council which shall be responsible for —- (a) Laying down general policy which should include the strength of police personnel in each Region, types and quantities of equipment, weapons, minimum standards of recruitment, promotion, discipline, etc. (b) overall operation control of the Regional units in the event of the Regional Governments requesting the Council for Police assistance to cope with any actual or threatened security situation within the Region beyond or likely to be beyond the capability of the Regional unit; provided that a Regional Commissioner with the consent of the Head of the Regional Government may request the Commissioner of another Region for police assistance in an urgent situation and that such a request shall not be granted or refused except with the approval of the Head of Regional Government concerned.’

N.B. There was slight disagreement on the composition of the Police Council. There was general agreement that it should include: the Head of the Federal Government; Heads of the Regional Governments; the Inspector-General of Police; Regional Commissioners; the Minister responsible for police matters.

The North proposed in addition the Chairman of the Public Service Commission.

There was also disagreement on the terms of the office Inspector-General of Police. ‘The East and West propose that the Office of the Inspector-General of Police shall be held in rotation by the Regional Commissioners of Police for fixed periods not exceeding twelve months. The North and Lagos propose a period of three years and the Mid-West proposes that this should be held on permanent basis.’

(5) The Police Council shall be served by a Secretariat under the Inspector-General of Police. The personnel in the Secretariat shall be drawn from the Regions in equal numbers. (6) Five years after the new Constitution has come into effect, all local authority police forces shall cease to exist, and in the meantime there shall be a progressive reduction in those local authority forces.’

EAST: (i) Original proposal. ‘The police shall be regionalised.’ (ii) Revised proposal. As in progress report.

N.B. (a) the office of Inspector-General of Police to rotate among the Regions at least once a year (b) the Regional Commissioner of Police to comply with all directions given by the Regional Government. (c) No mention made of any Minister responsible for police matters, i.e. at the centre (d) police to be financed by the Regions.
Mid-West: (i) Original proposal. Federal responsibility.

(ii) Revised proposal. As in Progress Report, but more precise formulation of the reservations concerning the power of a Regional Government to give binding directions to the Regional Commissioner of Police; this acceptable only ‘if it is agreed in what circumstances the Premier may give such directions or what directions a Premier may lawfully give’. Additional stipulation that the Police Council have overall operational control for the purpose of S. 70, 71 and 86 of the 1963 Constitution.

N.B. Post of Inspector-General of Police to be a permanent appointment.

North: (i) Original proposal. Each State to have its own Police. (ii) Revised proposal. As in Progress Report.

N.B. (a) Chairman of the Public Service Commission to be included on the Police Council.  (b) Inspector-General of Police to be appointed for a period of three years.

West: (i) Original proposal. Each State to establish and control its own Police. (ii) Revised proposal. As in Progress Report excerpt: (a) a Regional Commissioner disagreeing with any direction given him by the Head of the Regional Government could request that the matter be referred to the Regional Security Committee for its direction. (b) Police Council to be able, when necessary, to call for expert advice from the Ministry of Establishments (c) Office of the Inspector-General of Police held by the Regional Commissioners of Police rotating annually.

The Nigeria Police Force maintained its statutory role until General Murtala Mohammed GCFR came to power on July 27 1975. He then set up a Constitutional drafting Committee. The subcommittee on Public Services including the Armed Forces and the Police headed by Dr Obi Wali made the following recommendations.

(1) “There shall be a police force for Nigeria, which shall be styled the Nigeria Police Force. (Recommendation 1). (2) Subject to the provisions of this Constitution, the Nigeria Police Force shall be organised and administered in accordance with such provisions as may be made in that behalf by the National Assembly. (Decisions on Recommendation 2). (3) Subject to the provisions of this Constitution, the members of the Nigeria Police Force shall have such powers and duties as may be conferred upon them by any law in force in Nigeria. (Recommendation 3). (4) No police force other than the Nigeria Police Force shall be established for Nigeria or any part thereof. Recommendation 4).

(5) The Legislature may make provision during emergencies for Police Forces forming part of the armed forces of the Federation, or for protection of harbours, waterways, railways and airfields. In this paragraph, ‘emergencies’ means periods of emergency under this Constitution (Decision of Recommendation 5). (6) There shall be an Inspector-General of the Nigeria Police and a Commissioner of Police for each state of the Federation, whose offices shall be offices in the Public Service of the Federation. (7)

The Nigeria Police Force shall be under the command of the Inspector-General of the Nigeria Police. (Recommendation 7).
(8) The President or such other Minister of the Government of the Federation as may be authorized in that behalf by the President may give to the Inspector-General of the Nigeria Police such directions with respect to the maintaining and securing of public safety and public order as he may consider necessary and the Inspector-General shall comply with those directions or cause them to be complied with. (Recommendation 8).

(9) Subject to (8) above, the Commissioner of Police of a State shall comply with the directions of the Governor of the State or such other Commissioner of the Government of the State as may be authorised in that behalf by the Governor with respect to the maintaining and securing of public safety and public order within the State or cause them to be complied with:
Provided that before carrying out any such directions the Commissioner may request that the matter should be referred to the President or such other Commission of the Government of the Federation as may be authorised in that behalf by the President for his directions. (Decision on Recommendation 9).
(11) There shall be a Nigeria Police Council, which shall consist of (a) The President (b) State Governors (c) Inspector-General of Police (d) The Attorney-General of the Federation.

The Chairman of the Police Service Commission of the Federation shall attend the meetings of the Nigeria Police Council and, save for the purpose of voting, may take part in the proceeding of the council. (Decision on Recommendation 11).
(12) The policy, organisation and administration of the Nigeria Police Force and all other matters relating thereto (not being matters relating to the use and operational control f the force of the appointment, disciplinary control and dismissal of members of the force) shall be under the general supervision of the Nigeria Police Council. (Recommendation 12).

(13) The President shall cause the Nigeria Police Council to be kept fully informed concerning the matters under its supervision and shall cause the Council to be furnished with such information as the Council may require with respect to any particular matter under its supervision. (Recommendation 13). (14) The Nigeria Police Council may take recommendations to the Government of the Federation with respect to any matter under its supervision, and if in any case the Government acts otherwise than in accordance with any such recommendations it shall cause a statement containing that recommendation and its reasons for acting otherwise than in accordance with that recommendations to be laid before the National Assembly”.

The Constituent Assembly submitted its report on August 29, 1978 and the Assembly was dissolved on September 20, 1978. The Supreme Military Council headed by General Olusegun Obasanjo GCFR on September 21, 1978, promulgated Decree 25 as the 1979 Constitution for the country, to take effect on October 1, 1979.

Unfortunately by the time the Constitution was released to the public in 1979, the recommendations of Dr Obi Wali’s subcommittee as it relates to state governors being members of the Nigeria Police Council, was deleted. Issues like the National Youth Service Corps Decree 1973, the Public Complaints Decree 1975, the Nigerian Security Organisation Decree 1976 and the Land Use Decree 1978 which were never adopted at the Constituent Assembly were all included in the 1979 Constitution.

Till today we do not really know whom to blame, either the Supreme Military Council or the Constituent Assembly headed by Justice Udo Udoma or the three legal drafting team of the Constituent Assembly—Justice Omoloulu Thomas, Justice Bashir Wali or Justice G.C. Okeke.

The 1999 Constitution is like the 1979 Constitution as it stands now in terms of the Nigeria Police Force. If they can, the Legislators should amend the Constitution and allow the creation of State Police and the Local government Police. It will be in the interest of everyone.

That is not to say that the creation of State Police or the Local Government Police will end the security challenges in the country. No. It will simply reduce it.
Concluded.

Teniola is a retired Director at the Presidency.