Crime/Justice
Federalism, State Policing: Necessary To Save Our Democracy
In recent times, Nigerians have intensified the clamour for an effective police system, better welfare for the existing Police structure and above all, pro-active policing measures to at least checkmate crime and its insurgence.
“Federalism dates back to 1200-1400 AD when the Senecas, Onondagas Oneidas, Mohawks and Cayugas ended their war and formed a federal union known as the Iroquois Confederacy.”
These federating units were guided by a constitution known as Kaianerekowa, the Great law of Peace.
The Merriam-Webster’s English Dictionary, federalism is defined “as the distribution of power in an organization (such as a government) between a central authority and the constituent”.
One of the most perfect examples of modern federalism is practiced in the United States of America. The history of America and how different confederating units came together to form a nation is no new story to followers of history. In America “the framers of the Constitution” rejected both confederal and unitary models of government.
Instead, they based the new American government on an entirely new theory: federalism. In a confederation, the member states make up the union. Sovereignty remains with the states and individuals are citizens of their respective states, not of the national government. In a unitary system, on the other hand, the national government is sovereign and the states, if they exist at all, are mere administrative arms of the central government.
In the American federal system, the people retain their basic sovereignty and they delegate some powers to the national government and reserve other powers for the states. Individuals are citizens of both the general government and their respective states.”
The Nigerian Supreme Court in A.G. Federation v. A.G. Lagos State described the concept of Federalism as:
“Federalism is an arrangement whereby powers of government within a country are shared between a national, countrywide government and a number of regionalized (i.e., territorially localized) governments in such a way that each exists as a government separately and independently from others, operating directly on persons and property within its territorial area, with a will of its own and its own apparatus for the conduct of its affairs.
Federalism is thus essentially an arrangement between governments, a constitutional device by which powers within a country are shared among two tiers of government.
Leaders of thought have been in constant search of the system of government that would suit its multi-ethnic cum religious peculiarities as well as curing the governance inadequacies that has bedeviled it for over 60 years.
We have progressed from the regional system to our own Federalism which has been adjudged as a quasi-federalism because it lacks the essential features of federalism. It is instructive to state that the Constitution of the Federal Republic of Nigerian 1999 as amended is to be held liable for the woes which our current federal structure suffer.
Obviously because by its provision, it relegated key functions of governance to the national government while leaving the states and local government to survive at the mercy of the center.
Federalism as a system of government is a total reflection of the people and how they intend their sovereignty to be managed. Although this article is not aimed at discrediting the 1999 Constitution as amended it would only be fair to categorically state that the constitution robed the federating units of their desire to retain power at the sub national levels.
The security of lives and property is a critical obligation of government. It is a duty which flows from the concept of sovereignty and governance. For a state to accept sovereignty of its citizen it must give its all to protect the lives of its citizens. In a federal state, and a complex nation like Nigeria, state policing should not be an issue up for discuss.
This is more so that it is a feature of true federalism. In the past two decades, insecurity has witnessed significant growth and the government (federal and states) have been overwhelmed largely because of the lack of systems (adequate laws) to curb the proliferation of arms, invasion of foreigners and of course the economic downturn.
According to the Walsh, William Francis, Brodeur, Jean-Paul, Banton, Michael Parker, Killing, George L. and Whetstone, Thomas. “Police”. Encyclopedia Britannica, https://www.britannica.com/topic/police ”the United States has what may be the most decentralized police system in the world, characterized by an extraordinary degree of duplication and conflicting jurisdiction.
Although every community is entitled to run its own police department, none can prevent federal or state officials from conducting local investigations into offenses over which they have jurisdiction.
There are five major types of police agencies: (1) the federal system, consisting of the Department of Homeland Security and the Department of Justice, including the FBI, the Drug Enforcement Administration, the Secret Service, the Postal Inspection Service, and many others; (2) police forces and criminal investigation agencies established by each of the 50 states of the union; (3) sheriffs’ departments in several thousand counties, plus a few county police forces that either duplicate the sheriffs’ police jurisdictions or displace them; (4) the police forces of about 1,000 cities and more than 20,000 townships and New England towns; and (5) the police of some 15,000 villages, boroughs, and incorporated towns.
To this, list must be added special categories, such as the police of the District of Columbia; various forces attached to authorities governing bridges, tunnels, and parks; university, or “campus,” police forces; and some units that police special districts formed for fire protection, soil conservation, and other diverse purposes. Although there are tens of thousands of police forces throughout the United States, the majority of them consist of just a few officers.”
Chapter Two of the Nigerian Constitution which is captioned as the “The Fundamental Objectives And Directive Principles Of State Policy” provides for the duties and obligation of the government and key stakeholders in our polity.
The premier section in this Chapter provides thus “it shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of this constitution. Section 14(2)(b) of the Constitution 1999 as amended further provides that “the security and welfare of the people shall be the primary purpose of government…”
As cleverly worded as the provisions sighted above may appear, there is a clog in the wheel to the realization of these objectives particularly as it concerns security and policing by “all organs of government”.
This same constitution which gave the various organs of government the power to realize these objectives in the protection of the took same back when it provided in the Second Schedule Part 1, of the exclusive legislative list, item 45 that issues bothering on policing and other government security services are to be legislated upon by only the federal government.
These provisions of our grundnorm create a paradoxical situation for true federalism to be practiced, and owing to the rising security challenges, the clamor for state police has become a necessity that cannot be overlooked.
The implementation of state police in our federal structure would improve the gains of the government in curbing insecurity, enable the people to participate in the government and above all create employment for the citizens.
No doubt, state policing comes with its disadvantages but given the current situation of our national security, state police is the way to go. Recently, sub national levels of government have tried to create local police apparatus that would carter for the inadequacies of the federal police structure. Although, few have been successful but there seem to be conflicts of duty and interest between these new creations and the already established security agencies.
One must not ignore the concerns of citizens who see this innovation as a radical shift. No doubt that political actor (state governors) may be given undue advantage by placing them in direct control of the security architecture within the state, but this can be adequately taken care of by proper reforms and legal instruments.
The welfare of the citizens in this new era of policing should be of paramount importance to those in control. Political immaturity and lack of trust is recurring issue in third world democracy however this should not be a barrier to overall advantage that state policing would bring to our polity.
In our State (Rivers), there have been repeated loggerheads with members of OSPAC (a local/volunteering security group) that have recorded some successes in curbing crimes within major local governments and this has reposed more confidence in the need for state policing.
In a recent chat with a colleague, he related his ordeals in trying to secure the bail of members of OSPAC who were arrested by the police and remanded in the Port-Harcourt prisons for what may have been conflicts arising from performance of their duties.
One may not also ignore reports of the excesses of these volunteers who may while carrying out their duties contravened the law, but we must also look at the gains over the ills of these innovations in times like this.
While it is agreed that protection and policing of lives and properties be managed by locals however supervised the government, it is pertinent to state that our Constitution must be amended.
The duties of the state police as well as the federal police must be enumerated properly to avoid clashes; proper orientation exercise should be carried out to ensure that those who would be recruited would be thoroughly equipped psychologically for better service delivery.
No doubt that this innovation would require more funding and cost, the pitiable state of our federal police must not be allowed to be replicated at the state levels when this is concept is finally adopted.
In conclusion, President Bill Clinton in his forward to the Blair House Papers “proposed a new public management model for the federal government, one based on forging new partnerships with state and local governments”.
He said “The era of big government is over, but the era of big challenges is not. People want smaller government, but they also want active and effective national leadership.
They want a government that provides them the means and opportunities to meet their responsibilities and solve their own problems.”
By: Martin C. Chioma esq.
Chioma, Esq is a Practicing lawyer in Port Harcourt.
Children are highly desired and parenthood is culturally significant in Africa. In Nigeria, infertility is a socially unacceptable condition, making victims embark on relentless quest for conception. In Vitro Fertilisation (IVF) is the only alternative but same is expensive.
Admittedly, this has contributed to the advent of illegal baby factories in Nigeria and consequently constitutes an emerging trend of human trafficking.
What is baby factory? This implies to a practice in which young pregnant and unmarried girls are given shelter by a proprietor i.e Oga or Madam of the home until they are delivered of their pregnancies and give up the new born for sale.
This illegal centres and homes are most times camouflaged as “maternity homes, orphanages, social welfare homes, and clinics and are operated by well organised groups”.
As an emerging phenomena in developing countries of the world, it is also prevalent in Nigeria particularly in States such as Abia, Imo, Enugu, Edo, Rivers and Lagos.
It is important as well as my concern to note that children have rights and these rights must be protected. This evil scourge of baby factory is an illegal business involving getting pregnant young girls and women without sanity who either are willing or not to give up their babies for financial gain and benefits without having any contacts with the buyer or ever seeing their baby again.
This category of persons are introduced into this business forcefully, by deceit of evaporated love and care or under the guise that the baby factories are clinics or homes where they can pay less or deliver freely with some promise of jobs, safe abortion or money after delivery.
The owners of the factory and their syndicate insist that babies be put up for adoption by childless couples in the most fortunate scenario, else supply the babies to politicians for their rituals, illegal adoption and human trafficking. Pathetic right?
It is my argument that children born into baby factories are denied various civil and fundamental rights alongside their mothers because of their vulnerability. Some of the rights these children are denied include birth registration.
Nigeria is a signatory to many international and regional instruments targeted at eliminating child trafficking, protecting children and also the promotion of their rights which include, the United Nations Convention on the Rights of the Child (1989) and the Optional Protocol to the Convention on the sale of Children.
Section 12 of the Constitution of the Federal Republic of Nigeria (as amended) stipulates the guidelines for applicability of this treaties in Nigeria.
Regrettably, despite the vast number of statutes protecting children and women, there is still an alarming prevalence of heinous crimes against these vulnerable units of our society.
The Children’s Rights Act was enacted as passed in Law in Nigeria in 2003, to serve as a legal document and protection of children’s rights and responsibilities in Nigeria which consolidates all laws relating to children into one single legislation, as well as specifying the duties and obligations of government, parents and organisations.
However, despite its values and importance, most States in Nigeria have not domesticated the Act, which implies that children in some States are not being protected under this law which prompts unequal rights in children.
Section 30(1) of the Children Rights Act provides that No person shall buy, sell, hire, let on hire, dispose off or obtain possession of or otherwise deal in a child. This section clearly prohibits the act of buying and selling of a child or children.
Section 207 empowers the police to create a specialised unit for the combating of the crime.
The sporadic growth of baby factories across the Nigeria State is a front burner issue that needs urgent address, given the rise in in the thriving business due to the ever increasing in height of economic downturn in the country.
The vulnerability of children and the need for their protection has attracted international recognition as well as domestic legislation.
The Constitution also provides protection for the dignity of the human persons and personal liberty as stated in Sections 34 and 35 respectively. Howbeit, it is very safe to say that these laws are ineffective for the purpose they were enacted.
Having considered this topic in relation to baby factories as an avenue for trafficking and the laws enacted to promote and protect women and children, it is my recommendation that:
1. The government institutions established by law for the protection of children performs their duties.
Security agencies should not delay the prosecution of persons who commit this offence.
The government should ensure that upon discovery facilities harbouring women and children for sale be destroyed and periodic checks should be conducted on churches, mosque, hospital etc.
Intense education and sensitisation campaign and programmes for young girls, and boys and women about unwanted pregnancies.
Government should assume their responsibility of the protection of lives and increase the budgetary allocation for children orientation programme in schools, villages, church and mosque.
Esaenwani Baribor Ferguson
Esaenwani is a practising lawyer based in Port Harcourt at Brisk Attorneys and Consultants.
The Nigeria Police Force is the principal law enforcement agency in Nigeria. It has its origin in Lagos following the creation of a 30-man Counsular in the year, 1861.
It further has its Constitutional backing in the Chapter Six (6), Part Three (3), Section 214 of the Constitution of the Federal Republic of Nigeria , 1999 (as amended). Down the line, the Nigeria Police Force begin to have other formations like the Mobile Police Force in the 1980s.
The motive behind the creation of the Nigeria Police Force, is to preserve law and order, the enforcement of law and regulations with which they are directly charged. The performance of such military duties within and outside the country as may be required of them by or under the authority of the Police Act or any other Act.
When the heat or should I say, the need or urge to provide better policing in the country became necessary, more formations like the Special Anti Robbery Squad (SARS) were birthed around 1992 to battle crime especially armed robbery.
This very formation (SARS), before it went under on Sunday November 11, 2020, when the then Inspector General of Police, Mr Mohammed Adamu announced its disbandment was a talk-of the-town.
People were delighted to catch a glimpse of SARS men especially when they are in operation and in their full regalia. They fought crime to almost zero point before the devil took over the outfit and placed it in the history book.
The Slogan ‘ The Police is Your Friend’ is one of the most disgusting or disturbing things about the Nigeria Police Force. Many are not at ease with it. In most cases, they begin to wonder what the Police is even doing to get the least attention.
But until you are closer to some people including the Police, you may not say for sure what they do or their importance to the society. Some Police men are down-to- earth. They execute their jobs in such professional manner that one may be tempted to purchase Police recruitment form of a given year.
I have the privilege to interface with some of them at some Special Areas in Rivers state. Their profiles are not only intimidating, but reveal a serious road map on how best to tackle security challenges in the country.
When they related to me why they cannot execute some actions, I was flabbergasted. The government ought to look for those kind of officers and secretly talk with them.
They complained of being tagged as saboteurs should they approach their Heads with their ideas on some issues.
One of the officers confided in me how he unearthed a high profile kidnapping gang that nailed a certain bigman. I mean a bigman with both wealth and honour. I looked at the fragile frame of mind of the officer and took his claims with a pinch of salt.
When other of his colleagues at different fora commended him on some hard job success, it then dawned on me that I was dealing with a senior intelligence officer. His challenge was not also far from the ones earlier enumerated by his colleagues .
Armed with the little information I have gathered about the Police and its challenges, I delved into personal investigation. I went round almost the big formations in the state. With utmost humility, I discovered that the government was unfair to the Police.
In some of the outfits, over ten (10) officers are squeezed into one office. About three (3) of them or so share one (1) table. One will begin to imagine what the occupants of such place will produce.
Even the big formations with big names are not better. They suffer even the worst. But as the big men they are, they stomached the whole thing and welcome you with a beaming smile.
If you are not of a good temperament, you may take him (the bigman officer), for an evil man who derives joy in suffering. Or was the foremost Afro Beat King , Fela Anikulapo Kuti right when he sang ‘Suffering and Smiling’?
I think it is about time those that head some big Police formations in the country begin to think on how to improve on their jobs. Those at the top are not too mindful of the welfare of others. I blame them not, because such is a typical Nigerian factor.
I can recall vividly well at a particular public function in Port Harcourt when one officer was introduced as the Financial Officer in charge of a certain Police outfit. The master of ceremony (MC), took it up. He (MC), was like “thank God oga will bless us today”, the officer in a quick reaction, gave it back to the MC, thus, please “I am sorry, we are only bearing the name, the real office is in Abuja”.
People took it as a joke including me, but when I dug into the situation, I knew what exactly the officer meant then. The narrative must change, if the police must perform to the taste of the common man.
The Police and its welfarism must not be gambled with. The government and its authorities should consider the need for Police reform and execute it with immediate alacrity.
This will also help the authority to place a plum line on the Police. I think part of the poor check on the side of the government on the Police is deliberate, in that the authority know that they have not performed their own part of the agreement hence, the ‘On Your Own’ kind of approach to issues.
The police, if well equipped, will do more than expected. The manpower to execute some tactical operations are within them, but lack of support for them remains a bane to their positive operations.
Another point to effective Policing in the country is , management of the Internally Generated Funds by the Police. If the Police are allowed to manage the funds they generate internally, it will go a long way in fixing things among them.
The issue of waiting for approval to fix even furniture in the office is a major clog in the system. At times, they are forced to ask for financial support from the suspects to enable them buy as little as writing materials.
Such ought not to be in that the risk of compromising the matter will be high. If the materials are so provided, the officer will have no option than to do the needful.
Another point is that of personal visit and inspection. The authority should make out time to visit the Police formations across the country. They should visit such places like the convenience, bathrooms, canteens, etc. When you pay some unscheduled visits to some of the mentioned places, you will agree with this piece to the extent of making a quick case for an improved welfare package for the police.
As a citizen of Nigeria, make a personal visit Police formation as part of your menu. Let the issue of the police harassment especially on the roads not deter you. By so doing, you will be armed with some information that will convince you that of a truth, the to any Police is really ‘Your Friend’.
The time to address the challenges of the police is now. No need to dwell on the past. Let’s stop the blame game and think of the way forward.
King Onunwor
The Rivers State Police Command says it has begun orderly room trial for the three erring personnel and has issued official query to three officers for allegedly extorting two young men of N4 million in Aba, Abia State.
The officers were identified as Assistant Superintendent of Police (ASP) Doubara Edonyabo; ASP Talent Mungo; and Inspector Odey Michael.
Addressing journalists while parading the three officers, the State Commissioner of Police, CP Olantunji Disu said immediate steps were taken to apprehend the officers and a thorough investigation was conducted to ascertain facts surrounding the incident
The State Commissioner of Police, who was represented by the command’s image maker, SP Grace Iringe-Koko, said $3,000 was extorted from the victims, equivalent to N4.2 million, stressing that the money had been recovered and released to the victims on January 18.
“Following a comprehensive inquiry, it has been established that the actions of the officers in question were in clear violation of the law and the ethical standards expected of members of the Nigeria Police Force. As a result, appropriate disciplinary measures are being taken to address this grave misconduct.
“The Rivers State Police Command is committed to upholding the highest standards of integrity, professionalism, and accountability. The behaviour exhibited by the implicated officers is completely unacceptable and does not represent the values and principles of our organisation. We deeply regret the negative impact that such misconduct may have on the reputation of the Rivers State Command and the Nigeria Police Force in general,” the spokesperson said.
She, however, stressed that the actions of a few individuals should not overshadow the dedication and sacrifice of the vast majority of officers who serve with honour and distinction.
She stressed that the Inspector General of Police has consistently articulated a zero-tolerance stance against corruption and misconduct within the Force, and that this incident does not reflect the aspirations of the Nigeria Police Force.
She assured that Rivers State Police Command would remain resolute in its commitment to serving and protecting the community with utmost professionalism and integrity.
Akujobi Amadi
