The
Nigerian Police Force is governed by a colonial law, which has seen no
comprehensive review since its initial promulgation in 1943. Since
1999, following the return to democratic practices in Nigeria, several
efforts have been undertaken to review the Police Act to provide a legal
framework for the ongoing reform initiatives.
The
review started in November 2004 and was undertaken by an interagency
committee comprised of police, government and civil society
representatives. It involved several stages of public consultation and a
legal audit of all the laws engaging the police. A draft bill was
discussed and approved by the interagency committee before it was
finally presented to the House of Representatives towards the end of
2005.
Between 2005 and 2018, many other drafts were presented to both chambers of the National Assembly. However, the 8th Senate has expressed its will to consider and pass a new Police Act and other Police Reform bills within two weeks.
One
of the key omissions from the current Act is a code of conduct that
includes the prohibition of torture. The Bill contains a full code of
conduct in line with the U.N. Code of Conduct for Law Enforcement
Officials. Article 5 of the U.N. Code of Conduct states, “No law
enforcement official may inflict, instigate or tolerate any act of
torture or other cruel, inhuman or degrading treatment or punishment,
nor may any law enforcement official invoke superior orders or
exceptional circumstances such as a state of war or a threat of war, a
threat to national security, internal political instability or any other
public emergency as a justification of torture or other cruel, inhuman
or degrading treatment or punishment.”
The
Bill incorporates the human rights provisions in the Administration of
Criminal Justice Act (ACJA), which were basically drawn from the
Nigerian Constitution.
In
recognition of the demonstrable link between unlawful and arbitrary
arrest and the torture and ill-treatment of detainees, the sections of
the Bill relating to arrest are drafted to incorporate safeguards,
including strict guidelines on what constitutes a warrant for arrest and
judicial review that will prevent the misuse of this provision.
In
addition, measures to improve the effectiveness of the Nigerian Police,
such as training and upgrading the requirements for recruitment and
performance measures are also included.
The
Bill also makes a provision for police funding and an annual policing
plan which must be linked to funding to ensure accountability for cost
and performance, just as human rights provisions and accountability
mechanisms ensure accountability for conduct.
Positive
policy initiatives, such as community policing, are also incorporated
to guarantee the long-term sustainability of such programs and insulate
them from the whims of political leadership.
Perhaps
the thorniest issue of the review is that of the political
accountability of the police. Under the current Act, the Inspector
General of Police is appointed and accountable to the President who has
overall operational control of the force. This is in line with existing
constitutional provisions, but clearly compromises the independence of
the police force, leaving it open to political manipulation by the
executive arm. The new bill amends sections to grant the Police Council
an advisory role in the appointment of an IGP by the President, set out
procedure for removing an IGP and the grounds for such removal as well
as give security of tenure to the IGP, this is necessary to extend
accountability and promote accountable policing in Nigeria.
It
is vital that members of the National Assembly endorse these amendments
to ensure the new bill contains stringent safeguards to protect human
rights and provides a positive legal framework for meaningful police
reform in Nigeria. It is also vital the Police and the Executive work
together with NASS to pass this bill, which will benefit every Nigerian.
The media and civil society must lead the charge in pushing for the passage of the bill before the end of the term of the current National Assembly.
Okechukwu Nwanguma
National Coordinator
NOPRIN
08064974531
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