blinx complete project

AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA

AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE

SERVICE COMMISSION IN NIGERIA

BYMUKTAR GARBA FAHAD

U10SH1017

BEING A LONG ESSAY PROJECT SUBMITTED TO THE FACULTY OF LAW, AHMADU BELLO

UNIVERSITY, ZARIA. IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE AWARD OF

BACHELOR OF LAWS DEGREE WITH SPECIALIZATION IN ISLAMIC LAW, LL.B (HONS).

i


AUGUST, 2016.

ii


© MUKTAR GARBA FAHAD, 2016

All rights reserved. No part of this essay should be

reproduced, stored in a retrieval system or transmitted in

any form or by any means whatsoever except with the

express permission of the author.

iii


DECLARATION

I hereby declare that the work in this long essay project

entitled “AN APPRAISAL OF THE POWERS AND FUNCTIONS

OF THE POLICE SERVICE COMMISSION IN NIGERIA” has been

performed by me in the Private Law Department, Faculty of

Law; Ahmadu Bello University Zaria, under the able

supervision of Barr. DAHIRU M. SANI Esq. It has not been

submitted on any previous application for a Degree in any

university. All authorities are sustained in the footnotes and

sources of information are duly acknowledged by a list of

references.

___________________________ MUKTAR GARBA FAHAD

Ahmadu Bello University, Zaria – Nigeria.

iv


DEDICATION

I dedicate this long essay to my Father, a hero, comrade

and respectable politician. A Father like no other, whom to

me his position is Sui Generes, Alhaji Muktar Garba and My

beloveth Mother Hajiya Aishatu Garba and My Sibling who

are my world best trio; Fatima Muktar Garba, Fa’iz Muktar

Garba, Fawaz Muktar Garba.

v


ACKNOWLEDGEMENT

My profound gratitude to Allah, Most Gracious Most

merciful, who gave me life, ability and guidance throughout

this endeavor. Also, my deepest and sincerest appreciation

goes to my parent, ALHAJI MUKTAR GARBA and HAJIYA

AISHATU GARBA for their unconditional love, support,

advice, care, and attention which made me who am I today.

May Allah guide, bless, and protect them for their relentless

effort toward my success. I love you both.

I would also like to acknowledge the thorough support

and guidance of DR. AHMED GITAL who contributed more

than enough toward my achieving this success . I am most

grateful Sir, for all the kind gesture and time. May Allah

safeguard and protect you and your family.

vi


This acknowledgement would be incomplete without

expressing my gratitude to the sound supervision and

guidance of my learned and able supervisor without whom

this work would not have become a reality in person of

BARR. DAHIRU M SANI. Thank you Sir.

I will also like to appreciate the sincerest care,

trust, and friendship of my learned principal BARR. H.A

SAUBANA and his wife HADIZA SAUBANA as well as their

sibling.

Again I will like to express my appreciation to the entire

members of My Family for their relentless effort, courage,

kindness and affection towards my achievements in this life.

Thank you and I love you all.

vii


The following persons are worthy of praise and

recognition because they were there for me in this struggle

one way or the other; AUWAL IBRAHIM MUHAMMAD,

AUWAL MUKHTAR USMAN, KABIRU AHMAD GITAL, BIG

DADDY, BILAL and others too numerous to mention. I

salute you all.

viii


LIST OF ABBEREVIATIONSALL FWLR- ALL FEDERATION WEEKLY LAW REPORTS

CFRN- CONSTITUTION OF THE FEDERAL REPUBLIC OF

NIGERIA

CLEEN- CENTRE FOR LAW ENFORCEMENT EDUCATION

EFCC- ECONOMIC AND FINANCIAL CRIMES COMMISSION

Ibid- IBIDEM

ICPC- INDEPENDENT CORRUPT PRACTICES AND OTHER

RELATED OFFENCES COMMISSION

IGP- INSPECTOR-GENERAL OF POLICE

LFN- LAWS OF FEDERATION OF NIGERIAS

NWLR- NIGERIAN WEEKLY LAW REPORT

ix


Op Cit- OPERA CITATO

PSC- POLICE SERVICE COMMISSION

x


LIST OF STATUTES

CONSTITUTION OF THE FEDERAL REPUPLIC OF NIGERIA,1999

INTERPRETATION ACT, 1945

LAND USE ACT CAP. L24 LFN, 2004

POLICE ACT CAP. P19 LFN, 2004

POLICE SERVICE COMMISSION (ESTABLISHMENT) ACT, 2001

POLICE SERVICE COMMISSION (MEMBERSHIP) ACT, 1980

xi


LISTS OF CASES

KONWEI V. IGP & ORS (2007) ALL FWLR (PT.391) 1699

NDILI V. AKINUMADE (2000) 8 NWLR (PT.668) 293

WILLIAM IMADE V. IGP & ORS (1993) 11 NWLR (PT.271) 608

xii


CHAPTERIZATION

CHAPTER ONE- GENERAL INTRODUCTION

1.1 Background of the Study - - - - - --

1.2 Statement of Problems - - - - - --

1.3 Aims and Objectives- - - - - - --

1.4 Scope of the Research - - - - - --

1.5 Justification of the Research - - - - --

1.6 Research Methodology - - - - - --

xiii


1.7 Literature Review - - - - - - --

1.8 Organizational Layout - - - - - - --

CHAPTER TWO- THE NIGERIA POLICE SERVICE COMMISSION

2.1 Introduction - - - - - - - --

2.2 Establishment of the police service commission -- -

2.3 Development of the police service commission- -

2.4 Aims and objectives of the police service commission--

2.4.1 Achievements of the police service commission- --

xiv


2.4.2 Problems and Challenges of the police service

commission-

2.5 Organization and administration of the commission of

the commission - - - - - - - -

- -

CHAPTER THREE- POWERS OF THE POLICE SERVICE COMMISSION

3.1 Introduction - - - - - - - --

3.2 Appointment of Police Officers- - - - -- -

3.3 Promotion of Police Officers - - - - --

3.4 Discipline of the police officers- - - - --

xv


3.5 Dismissal of Police Officers- - - - - --

3.6 Delegation of authority - - - - - - -

CHAPTER FOUR- FUNCTIONS OF THE POLICE SERVICE COMMISSION

4.1 Introduction- - - - - - - - --

4.2 Governance and Oversight of the Nigeria Police Force--

4.3 Policy formulation and implementation of the police force-

4.4 pay staff of the commission- - - - - --

4.5 Entering into contracts when necessary- - - --

xvi


CHAPTER FIVE- SUMMARY AND CONCLUSION

5.1 Summary- - - - - - - - --

5.2 Observations - - - - - - - --

5.3 Recommendations - - - - - - --

5.4 Conclusion- - - - - - - - --

xvii


xviii


CHAPTER ONE- GENERAL INTRODUCTION

1.1. BACKGROUND OF THE STUDY

The powers and functions of the Police Service

Commission which is the object of this essay are contained

mainly in the Police Service Commission (Establishment)

Act1, a part thereof in the Constitution of the Federal

Republic of Nigeria0, and other enactments such as the

Police Act.0

The main duties of the commission are related to the

appointment, promotion, discipline and dismissal of

members or officers of the Nigeria Police Force. It is a

Federal Government establishment to serve as an oversight

mechanism, and look into the activities of the Police Force 1 No. 15 of 20010 1999 (as amended) Cap. C20 Laws of Federation of Nigeria 20040 Cap. C19 LFN 2004

1


on the basis of the above mentioned obligations. Relating to

this are functions of the Nigeria Police Council as provided

under the Constitution0 charged with the responsibility of

recommending the appointment of the Inspector-General of

Police, a power the Police Service Commission do not have.

The Commission is established with the responsibility of

appointment of persons into offices in the Nigeria Police

Force, other than the office of the Inspector-General of Police

who is appointed directly by the President; dismissal of any

Police Officer, other than the Inspector-General of Police for

any misconduct or offence contrary to the rules of the Police

Force; exercise of disciplinary control over any person

holding an office in the Nigeria Police Force; and dismissal of

officers in the Nigeria Police Force other than the Office of

0 Section 27 of Part 1, Third Schedule to the 1999 Constitution of Nigeria

2


the Inspector-General of Police. The Commission also has the

power to formulate policies and implement them as such in

ensuring stability and efficiency in the Police Force. Thus, the

reason for the establishment of the Commission was to

regulate the above activities in the Police Force and check

the inadequacies under appointment, recruitment, dismissal,

promotion, discipline and corruption.

1.2 STATEMENT OF PROBLEMS

The Police Service Commission being the oversight

body of the activities of the police is short of powers in

order to carry out its statutory duties. The major problems

facing the Commission are corruption; absence of a strong

working relationship between the Commission, the Nigeria

Police Council and the Ministry of Police Affairs; lack of an

avenue for interaction and reception of complaints as well

3


as recommendations from the public; loss of confidence in

the police; absence of a legal framework for police

accountability in Nigeria; weakness, inefficiency and lack of

coordination of the various oversight bodies including the

Police Service Commission. It is also clear that the nation’s

problems is that of lack of legal will reflected in failure to

provide assistance to poor citizens to indicate their

grievances though the judiciary .These problems and others

would be extensively discussed in this research.

1.3 AIMS AND OBJECTIVES

The main aim and objective of this essay is a detailed

explanation of the powers and functions of the Police Service

Commission in Nigeria. Also, it is pertinent to know how

effective are the activities of the Commission in exercising

the roles vested upon it by law considering the security

4


challenge facing this country and the high rate of corruption

that has eaten deep into the system. The security

(protection of lives and properties) of the nation is solely in

the hands of the Police Force and the Police Service

Commission regulates some of its activities, and also how

the commission make the relationship between the public

and police one of trust and confidence and how the

commission focus on updating its internal mechanisms for

checking corruption as well as enhancing the police role in

the investigation of crime and complaint.

1.4 SCOPE OF THE RESEARCH

This research is limited to examining the powers and

functions of the Police Service Commission in Nigeria with a

view of exposing the problems or challenges facing the

Commission and the necessary reforms needed. The

5


research will rely on the Police Service Commission

(Establishment) Act0, the Nigerian Constitution0 and the

Police Act0 as statutes regulating the activities of the Police

Service Commission as oversight body of the Nigeria Police

Force.

1.5 RESEARCH METHODOLOGY

The methodology adopted for the purpose of this

research is doctrinal. This is because relevant and recent

information relating to the subject-matter of the research

will be achieved from various Statutes, Case Law, Journals,

Articles, Textbooks and other relevant materials on the

subject-matter.

0 No. 15 of 20010 1999 as amended0 Cap. C19 LFN 2004

6


1.6 JUSTIFICATION OF THE RESEARCH

This essay, like any other work in the academic

discipline will serve as a source of knowledge and

experience as to the nature, scope, powers and functions of

the Police Service Commission in Nigeria. Law students,

Lawyers, Police Officers and other private individuals may

use this piece of work in order to know what the powers and

functions of the Police Service Commission are, and their

limitations in exercising those powers and carrying out those

functions.

Invariably, this essay will enlighten the general public

about the activities, powers and limitations of the Police

Service Commission.

7


1.7 LITERATURE REVIEW

Usoh0, commented on the Nigeria Police Force, their

duties in the administration of justice and law enforcement

in Nigeria. There should be a clear understanding of the task

of policing and law enforcement in Nigeria, how it came

about, with the philosophy and rationale behind it, the

challenges of policing in the Nigerian society, the

organizational structure of the Police Force, the concept of

community policing, contemporary challenges and possible

solutions to those challenges.

Owen0, discussed relevant issues in this area of

research relating to policing and politics in the Police Force

and its effects, corruption which has run deep into its 0 Usoh, A.V. (2014) “Policing And Law Enforcement In Nigeria” Being A Course Guide For School Of Arts And Sciences, National Open University Of Nigeria 0 Owen, O. (2014) “The Nigeria Police Force: Predicaments And Possibilities” Nigeria Research Network Working Paper No. 15

8


system, issue of recruitment and the necessary reforms

needed in the police for its efficiency and effectiveness in

protecting lives and properties, investigation of complaints

by the Police Service Commission, governance, state police

and policy implementation, but failed to recognize the

relationship between the Police Force, the Nigeria Police

Council and the Police Service Commission, and their

interrelatedness in ensuring effective discharge of the duties

of the police. This research will look at the legal relationship

existing between the three bodies being the oversight

mechanism of the activities of the police. This is because

politics and lobbying should be kept out of the police in

terms of recruitment, promotion and appointment.

9


Dambazau0, analyzed the contemporary issues

affecting the police which are corruption, abuse of human

rights and welfare. Elaborations in details were made as

regard the above issues, without prescribing any solution to

such problems. These are very sensitive issues that need

attention because the police cannot perform effectively and

efficiently in discharging their duties as protectors of the

society when problems like this exist within the force.

However, no single measure for eliminating these threats to

security was provided. There should be necessary reforms

needed for a vibrant police in Nigeria because without

stability, human lives and their properties are in jeopardy.

Onwubiko0 stated that the near comatose police are

replete with divergent but overwhelming evidence of

0 Dambazau, A.B. (2007) Criminology And Criminal Justice, Spectrum Books Limited, Ibadan0 Onwubiko, E. (2012) The Rot In The Police Service Commission The Punch Newspaper, 21st February 2015

10


corruption, indiscipline and lack of professionalism. It is a

notorious fact that some officers lobby intensely for

promotions which may result in compromise of the police.

He stated the several allegations of violation of extant

statutes meant to promote highest professional standards,

transparency and accountability on the Chairman of the

Police Service Commission. However, many reports of

misconduct in the Commission were not reported to either

the EFCC or the ICPC because the Chairman of EFCC and

Director of ICPC are under the direct control of the

Commission. This is a serious impediment to the efficiency of

the Police Force. This inadequacy should be addressed and

that there should be impartiality in any investigation and

disciplinary measures to be carried out by the commission

11


because it has control over persons that will chair the

investigation.

Alemika0, discussed the meaning, concept and

dimensions of accountability. The paper has identified the

levels of accountability, police accountability mechanisms in

trying to guarantee order, safety, and security; functions,

powers, organisation and command of the Police Force, and

police accountability with its framework and limitations. The

external mechanisms of police accountability i.e. the Nigeria

Police Council and the Police Service Commission with their

establishment, composition, functions, powers and above all

the several factors that hinder the realization of potential by

the Commission were extensively debated.

0 Alemika, E.E.O and Chukwuma, I.C (eds) Civilian Oversight And Accountability Of Police In Nigeria, CLEEN and Police Service Commission (2003)

12


CLEEN0, addressed the issue of accountability of the

Nigeria Police Force to the Police Service Commission as well

as an insight into the activities of the Commission. This is

due to the loss of confidence in the police by the public

leading to the explosion of anti-social behaviours and non-

constitutional agencies taking the law into their hands. One

of the tasks facing the country is the loss of confidence in

the police by the general public, and the reestablishment of

a sense of confidence on the part of the general public in the

efficiency, fairness and impartiality of the police. It was

recommended that the lost confidence can be restored or re-

established in the police by the public through the Police

Service Commission to do what is necessary and eliminate

any misconception in the minds of the people. The

0 Alemika, E.E.O and Chukwuma, I.C (eds) Civilian Oversight And Accountability Of Police In Nigeria Op.cit , p.5

13


Commission resolved to create an avenue towards the

systematic treatment of communications and complaints by

members of the public on police conduct. The goal of the

commission should be to ensure that no comment by

members of the public on the conduct of any police officer-

whether to commend or condemn-should simply get lost in

the system, but that every complaint is considered and dealt

with accordingly. It is only then that Nigeria can truly begin

to talk of true oversight of its Police Force, and the oversight

rests not only with the PSC, but with the public in general.

Therefore, the solutions as proffered can solve the

challenges faced by the Police Service Commission as the

oversight body of the Nigeria Police Force.

14


The external police accountability and the police

service commission monograph0 extensively discussed

contemporary issues in the Police Service Commission. The

principal agency charged with the responsibility of internal

peace and security of nations is the police, who wield a lot of

powers in performing its duties. And as such, if these powers

are not subjected to a mechanism of accountability, the

rights and freedom of citizens can be adversely affected. The

overwhelming powers of the police to carry out surveillance,

arrest, investigation, interrogation, detention, bail and

prosecution, in order to enhance their capability to

guarantee the fundamental human rights and freedom of

citizens require a strong measure of oversight that can make

them accountable through an external mechanism-the Police

Service Commission. It had been found out that while 0 External Police Accountability And The Police Service Commission, Monograph Series No. 19

15


multiple institutions of external and internal oversight exist

to make the police accountable to the public, the institutions

are largely weak, ineffective and uncoordinated. Also,

political interference and desperation of the leadership of

the Police Service Commission to maintain an overriding

influence over the police cannot be achieved due to lack of

adequate resources and political will to carry out its

statutory responsibilities, which has led to the commission’s

inability to follow its concrete strategy and plans, poor

coordination and integration between the different roles, and

total absence of performance evaluation framework to

measure progress of the commission. The PSC is vested with

enormous powers by the commission and has clear oversight

responsibilities in the areas of recruitment, appointment,

promotion, dismissal, and general performance of police

16


officers. The recommendations made are to galvanize and

harmonize stakeholders along with the role of the Police

Service Commission in Nigeria’s Fledging democracy, its

significance in ensuring police recommendation, adherence

to the rule of law, cordial police/public relationship and

police personal transparency, accountability and

professionalism. The structure and appointment process for

the leadership of the commission is critical and as such, the

need to open up the process of appointment for debate and

get members of the public contributions to the process as

part of the ongoing dialogue of repositioning the Police

Service and policing in the country.

Odinkalu0, proffered solutions to the problems of the

police in Nigeria and the necessary reforms needed, ranging

0 Odinkalu, C.A reforming the police in Nigeria. In Alemika, E.E.O and Chukwuma, I.C (eds) Civilian Oversight And Accountability Of Police In Nigeria, CLEEN and Police Service Commission (2003)

17


from participation of the public and local communities in

policing, forensic policing, and effective civilian oversight

and addressing the policing needs of vulnerable

communities.

Alemika0, discussed the meaning, concept and

dimension of accountability and identifying the levels of

accountability. Also, discussions were made about the police

accountability mechanisms in trying to guarantee order,

safety and security; functions, powers, organisation and

command of the Police Force, and police accountability in

Nigeria with its framework and limitations. The external

mechanisms of police accountability (the Police Council and

the Police Service Commission) with their establishment,

composition, functions under the constitution, membership 0 Alemika, E.O. Significance Of External Police Oversight And Accountability Mechanisms Presented At The Police Executive Forum Organized By CLEEN Foundation And Justice For All(J4A), Programme of DFID 30/04/2013

18


and above all, the several factors that hinder the realization

of potential by the Commission.

Odekunle0, stated that the objectives of policing which

is to provide security or at least a social and psychological

feeling of security for the citizens at anytime and

everywhere. And, the yardstick for measuring successful

policing should be ensured by the Commission being an

oversight body of the activities of the police in Nigeria. The

inadequacies, problems and obstacles to efficient and

effective policing in Nigeria are those relating to material

inadequacies, human problems and others too numerous to

mention. The suggestions made were directed particularly at

behavioural and attitudinal re-orientation to achieve a long

lasting solution.

0 Odekunle, F. (2005) Overview Of Policing In Nigeria: Problems And Suggestions, CLEEN Foundation

19


Ojo0, provided the legal framework for police

accountability in Nigeria and responsibilities vested on the

Commission and the Police Council by the Constitution. In-

depth analysis of the activities of the Commission was made

with specific reference to the Police Service Commission

(Establishment) Act.

Chukwuma0 suggested a review of the Code of Conduct

of the Police contained in the Police Act, seeking to reduce

its length and create easy memorisation and internalization

by police officers in Nigeria. The committee to do the review

should be set up by members of the Police Service

Commission and Nigeria Police Force, and also solicit the

0 Ojo, E. The Role Of The Media In Ensuring Police Accountability In Nigeria Media Rights Agenda, Lagos0 Chukwuma, I. Internal Disciplinary Systems As Important Compliment To External Oversight Of Police In Nigeria. In Alemika, E.E.O and Chukwuma, I.C (eds) Civilian Oversight And Accountability Of Police In Nigeria, CLEEN and Police Service Commission (2003)

20


inputs of civil society groups working on police reform in

Nigeria. For example, CLEEN Foundation.

Okeke0 made a comment about the need for the

enhanced capacity of the Commission in its service delivery,

in order to create an opportunity for the contribution of the

various stakeholders to forge a strategic direction in its

operation. And that there should be an avenue to highlight

the importance of the Commission as a civilian and

democratic institution open to members of the public to give

expression to their opinions, complaints and

recommendations in the conduct and activities of the

officers and men of the Police Force. The goal of good

policing should be achieved by all stakeholders to ensure

efficiency and good security of lives and properties.0 Ehindero, S. Investigation And Discipline Of Police Personnel By The Nigeria Police Force. In Alemika, E.E.O and Chukwuma, I.C (eds) Civilian Oversight And Accountability Of Police In Nigeria, CLEEN and Police Service Commission (2003)

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1.8 ORGANIZATIONAL LAYOUT

Chapter one lays a general foundation and framework

for the whole essay. It is the introductory part containing

background of the study, aims and objectives, scope of the

research, justification of the research, research

methodology, literature review and organizational layout.

Chapter two deals with the Police Service Commission

itself, and a detailed explanation of its development over the

years, establishment, administration and organization for the

effective and efficient management of the affairs of the

Nigeria Police Force.

Chapter three deals with the powers and functions of

the Police Service Commission, in the efficient and effective

implementation of its policies and execution of its statutory

duties. This chapter further discusses the appointment,

22


promotion, discipline and dismissal of Police Officers other

than the Inspector-General of Police according to law by the

Police Service Commission. It also discusses policy

formulation and implementation, as well as the payment of

staff of the commission, and delegation of authority to any

Officer under the Act.

Chapter four discusses about the Nigeria Police Council,

relationship existing between the Police Service Commission

and the Nigeria Police Council, their membership, their role

of governance and oversight function over the Nigeria Police

Force, achievements of the Police Service Commission, the

challenges it has been facing over the years, and the utmost

need for reform in order to solve such problems because

they affect the Police Force as a consequence.

23


Chapter five is the conclusive part, which entails the

summary of the entire research work done, some

observations noticed in the course of carrying out the

research, recommendations and finally, conclusion of the

research.

24


CHAPTER TWO- THE POLICE SERVICE COMMISSION

2.1 INTRODUCTION

The Police Service Commission is the civilian oversight

mechanism established by the Constitution0 for the Nigeria

Police Force, in trying to ensure its optimum success in

carrying out its main objective of ensuring security of lives

and properties of the people living within the boundaries of

Nigeria. It is responsible for the promotion, appointment and

discipline of all police officers except the Inspector-General

of Police. It shall collaborate, cooperate and work with all the

governors of federating states of Police as members to turn

the Police around and enable it to meet the challenges of the

21st Century0.

0 Section 153, 1999 Constitution of Nigeria Cap. C23 LFN 20040 Usoh,V.A Op.cit

24


This chapter will succinctly discuss issues relating to

the historical development of the Commission over the

years, establishment of the Commission, its organization and

administration. The efficiency and effectiveness of the

Commission is paramount in view of its responsibility of

being the accountability and oversight mechanism of the

Nigeria Police Force. Without the Commission, the police

force will not be able to meet its demand and expectations.

2.2 ESTABLISHMENT OF THE POLICE SERVICE

COMMISSION

The Police Service Commission is a Federal Executive

body established by the Police Service Commission

(Establishment) Act0. This is in line with the provision of the

Constitution0 that there should be established for the 0 No 1 of 20010 S.153 (1) (m) op.cit

25


federation the Police Service Commission with powers and

functions as prescribed under the Act. The preamble to the

Act0 provides thus, "An Act to establish the Police Service

Commission which shall be charged with the responsibility

among other things to appoint persons to offices (other than

the office of the Inspector-General of Police) in Nigeria Police

Force and to dismiss and exercise disciplinary control over

any person holding office in the Nigeria Police Force (other

than the Inspector-General of Police) and for related

purposes. Section 1 provides that "there is hereby

established a body to be known as the Police Service

Commission (in this Act referred to as "the Commission").

The Commission shall have a body corporate with perpetual

succession and a common seal, and may sue and be sued in

its corporate name. The headquarters of the Commission 0 No 1 of 2001

26


shall be situated at the Federal Capital Territory, Abuja and

nowhere else.

The Police Service Commission, by its constitutional

and statutory powers, was established as a civilian oversight

body of the Nigeria Police Force. According to these

provisions, the Police Service Commission is empowered,

inter alia, to appoint, promote, dismiss and exercise

disciplinary control over personnel in the Nigeria Police Force

other than the Inspector-General of Police0.

2.3 DEVELOPMENT OF THE POLICE SERVICE

COMMISSION

Before Nigeria's Independence on 1st October 1960,

the administration of the Colonial Police Force was governed

by the 1954 Constitution, which gave the Governor-General 0 S.6 & 7 ibid

27


the power to appoint, promote, discipline, post and transfer

all officers of the Nigeria Police Force, in consultation with

the Secretary of State. At Independence, the 1960

Constitution saw the establishment of a Police Service

Commission with powers to appoint, promote, transfer,

dismiss and exercise disciplinary powers over all police

officers from Constable to the Inspector-General of Police0.

The Commission, according to Section 102 of the

Constitution0 was composed of two to four members

appointed by the Governor-General on the advice of the

Prime-Minister, with one of the members a judge of the High

Court. In the exercise of its functions then, the Commission

could, with the approval of the Prime-Minister and subject to

such conditions as it might think fit, delegate any of its 0 http://psc.gov.ng visited on 10/07/20168 CFRN 1960 (independence constitution)0

28


powers to any other member of the Nigeria Police Force. The

1960 Constitution also required the Commission to consult

the Prime Minister before making any appointment to the

office of the Inspector-General or removing such officer from

office. The same was application to the office of the

Commissioner of Police of a region where the Commission

was required to consult the Premier of that region.

The 1963 Republican Constitution vested the powers to

appoint members of the Commission in the President, but on

the advice of the Prime Minister. Other provisions of Section

110 of the 1963 Republican Constitution as they are related

to tenure, functions, power to delegate functions,

appointment and removal of Inspector-General or

Commissioner of Police, were the same as those of section

103 of the 1960 Constitution.

29


After the 1966 Coup de 'tat that led to the Military

takeover of government, there were virtually no changes

except that by Decree 12 of 1977,the chairmanship was

taken over from civilians by the military. The decree re-

ordered the composition of the membership of the

Commission with the Chief of Staff, Supreme Headquarters0

as chairman. The other five members included the Inspector-

General of Police, Deputy Inspector-General of Police,

chairman, Police Service Commission, another member of

the Police Service Commission and a retired judge with

unlimited jurisdiction. The Second Republic Constitution

1979 established the Police Service Commission

(Membership) Act 1980, removed from the Commission,

power to appoint the Inspector-General and vested that in

the President, acting on the advice of the Commission. All 0 Major-General Shehu Musa Yar adua

30


other powers and functions remained unchanged except that

it increased the membership from a maximum of four to

eight. A civilian0, became the chairman.

The Military takeover of government on 31st December

1983 saw the return of Chief of Staff, Supreme

Headquarters, as the chairman, and the then Chief of Staff in

person of Major-General Tunde Idiagbon became the

chairman. With the Military change of baton in August

1985,the Commission was suspended. The Head of State

appointed the Inspector-General with whom he supervised

the Police. A decree0 of the military government Decree No 5

formally proscribed the Commission and transferred all its

powers and functions to the Nigeria Police Council under the

Chairmanship of the Head of States. The situation prevailed

0 Alhaji A. Fatika0 Decree No 5 of 1989

31


until the 1999 Constitution restored the Commission and the

enabling Act-Police Service Commission (Establishment) Act0

was enacted. All the powers and functions including

membership bestowed by the 1979 Constitution were

restored. The first management of the Commission was

inaugurated on 28th November 2001 with a civilian in

person of Chief Simon Okeke FNIVS, FRICS, as chairman

whose tenure expired in 2004. The second management of

the Commission was inaugurated in April 2008 with a retired

Deputy Inspector-General0 as chairman0.

2.4 AIMS AND OBJECTIVES OF POLICE SERVICE

COMMISION

0 No 1 of 20010 Mr.perry B.O Oyasanda0 OP CIT

32


The aims and objectives of the commission is to make

the relationship between the public and police one of trust

and confidence instead of suspicion and indifference, and to

established for the nation an accessible, effective and

efficient system of police accountability, such that the

system should go beyond reviewing complaints but set

standards of performance, conduct and integrity; ensure

adequate finding facilities and incentives for both the police

and police accountability. the commission also focus on

updating its internal mechanisms for checking corruption as

well as enhancing the police role in the investigation of

crime and complaint. The police service commission is aimed

at maintaining an overriding influence over political

interference and desperation of the leadership of the police

force, the commission also tries to have adequate resources

33


and political will to carry out its statutory responsibilities,

follow its concrete strategies and synergy in order to ensure

that the police force is up to standard.

The commission recognize the public as essential to

ensuring it effective. The commission has a charter, which is

address to Nigerian police, civil servant, NGOs, security

agencies and the general public. Members of the public may

challenge or comment the activities of the police through the

public access procedures/grievance redress mechanism

2.4.1 ACHIVIEMENTS OF THE POLICE SERVICE

COMMISSION

The commission has carried out a number of important

activities since its establishment. These include;

34


a. Clearing the backlog of the police officers who were due

for promotion but were not promoted under the military

regime. This has boosted the morale of me and women

of the police force, some of whom had stagnant on one

rank for over ten years, and merit is gradually but

steadily taking its rightful place as the major

determinant of promotion in the force.

b. Readmission of many police officers who were

dismissed under the military government in regard to

the rule of law0.

c. The commission has played a role in the regularization

of the promotion process, thereby ensuring valuable

finding of correct balance between federal character,

and merit as a basis for promotion has defused

0 Usoh,V.A OP.CIT.P 218

35


complaints within the police about varying rate of

career advancement due to positive discrimination.

d. The commission has recorded huge success in

galvanizing its relationship with partners and non-

governmental organizations, and by extension

members of the public. In this wise, most programs of

the commission were executed through such

collaboration and sponsorship.

e. The commission resisted the irregular selective

promotion of the police officers and ensured the

promotion of some officers who were unduly penalized

by police authority on the basis of refusing unlawful

orders.

f. The major success recorded by the commission is the

reinforcement of confidence in members of the police

36


force and the staff of the commission. It was common

knowledge that the commission abolished the policy of

promotion of officers on the basis of their state of origin

or through recommendations from the high and mighty,

but through the established and approved guidelines

drawn by the commission and which is anchored on

performance and merit.

g. Issues pertaining to the discipline and promotion of

officers in the police were of paramount importance to

the commission, In the sense that promotion of officers

was in accordance with the extant principles of

seniority, merit and availability of vacancies. In the

area of discipline, The commission upheld fairness,

equity and justice in the exercise of disciplinary control

over police officers.

37


2.4.2 PROBLEMS AND CHALLENGES OF THE POLICE

SERVICE COMMISSION

The commission if faced a serious challenges in the

discharged of their functions as regulating overseeing the

activities of the police force. This problems and challenges

include :

a. Lack of adequate material and functional resources to

carry out its function and the inability to established an

independent investigation mechanism, which implies

that the commission still depends on the police for

investigating complaints and partition send to it (the

commission).

b. The reluctance of the police authorities to come to

terms with the establishment of the commission. During

the military regime, the inspector-/general who was the

38


member of the armed forces ruling council has the

power to appoint, dismiss, promote and discipline his

personnel, but under the present democratic

dispensation, the inspector-general of police is

constitutionally required to take directives on

appointment, promotion and discipline of his personnel

from the police service commission. This has been

difficult for the successive chiefs of police to

acculturate themselves since the establishment of the

commission0.

c. Inadequate testing and screening of candidates to

match applicant qualifications, competencies and

potentials with police work resulting in the recruitment

of the persons who lack necessary literacy, numeracy

0 Op.cit.p219

39


and writing skills as well as requisite psychological

disposition.

d. Inadequate background check and document validation

resulting in the recruitment of persons with dubious

character and past deviant behaviors as well as fake or

forged document.

e. Lack of reliable performance and disciplinary recorded

of officers in the force resulting in the promotion of

undeserving persons by virtue of pending complaints

against them or poor performance.

f. Lack of reliable data on misconduct by police officers

especially junior officers whose disciplinary records are

fragmented in various commands, resulting in

disconnect between performance and conduct on one

hand and promotion on the other. Also, ineffective

40


internal and external complaints management system

breed ineffective disciplinary system within the force,

thereby promoting the culture of impunity.

g. Absence of interface of verifiable records between the

police and the commission undermines effective

implementation the guidelines formulated by the

commission, due to lack of effective database on

complains and discipline management system which

impairs the identification of the factors causing

indiscipline in the force.

h. Absence of systematic and reliable research to aid

identification of factors inhibiting or undermining

discipline in the force, coupled with the fact that

existing policies at the commission are not adequately

driven by research or contextually derived research

41


2.5 ORGANISATION AND ADMINISTRATION OF THE

POLICE SERVICE COMMISSION

The organizational structure of the Police Service

Commission is provided for under the Constitution0. It

provides that the Commission shall comprise of the following

members:

a. A Chairman; and

b. Such number of other person not less than seven

members, and not more than nine, as may be prescribed by

an Act of the National Assembly.

The Commission shall have the powers to appoint

persons to offices other than office of the Inspector-General

of Police in the Nigeria Police Force, and dismiss and

0 Section 29 part 1 of third schedule CFRN 1999

42


exercise disciplinary control over persons holding any office

other than office of the Inspector-General of Police0.

The management of the Commission shall vest in such

members whose appointment should be in line with the

federal character provisions of the Constitution0. The

members charged with the administration of the Police

Service Commission0 include:

a. A chairman who shall be the Chief Executive of the

Commission

b. A retired Justice of the Supreme Court or Court of Appeal

c. A retired police officer not below the rank of Commissioner

of Police

0 S.30 Op.cit0 S.7 Op.cit0 S.2 PSC Act

43


d. A representative of women interest

e. A representative of Non-governmental human rights

organizations in Nigeria

f. A representative of organized private sector

g. The Secretary of the Commission

The above listed members of the Commission shall be

appointed by the President subject to the confirmation of the

Senate; such persons must be of proven integrity and ability

to carry out their various official duties and the members of

the Commission shall be part-time members as provided for

under the Act0. The provision of the Schedule to the Act shall

have effect with respect to proceedings of the Commission

and other related matters0. The Commission can make 0 S.2 (2) & (3) 0p.cit0 S.2(4) 0p.cit

44


standing orders regulating its proceedings or that of

Committees. But this is, however, subject to the provisions

of this Act and the Interpretation Act0. The quorum that is,

the minimum number of persons to sit in a meeting of the

Commission, shall be the Chairman or any other person

presiding at the meeting and four other members of the

Commission (five persons in total), and the quorum of any

committee of the Commission shall be as determined by the

Commission0. This in essence means that the minimum

number of persons to sit in the Commission's meeting are

five, and when it is a committee set up by the Commission, it

may be less or exceed five as may be determined by the

Commission.

0 S.1(1) to S.2(4) PSC Act0 S.1 (2) 0p.cit

45


The Commission shall meet whenever it is summoned

by the Chairman, and if the Chairman is required to do so by

notice given to him by not less than four other members, he

should summon a meeting of the Commission which must be

held within fourteen days from the date on which the notice

was given0. It should be noted that the chairman shall

preside over every meeting of the Commission. But in his

absence, the members present at the meeting should

appoint one of them to preside over the meeting0. The

Commission may co-opt, any person when it needs advice

from such a person on a particular matter, to the

Commission for such period as is reasonably necessary or it

deems fit. But such a person who is in attendance under the

circumstances shall not be entitled to vote at any meeting of

0 S.2(1) Op.cit0 S.2(2) Op.cit

46


the Commission and will not be counted in determining the

quorum of the meeting0.

The Commission may appoint one or more committees

to carry out various functions as the Commission may

determine on behalf of the Commission. Such a committee

shall consist of such number of persons as may be

determined by the Commission, and a person shall hold

office on the committee in accordance with the terms of his

appointment. However, any decision reached by a

committee of the Commission shall be of no effect until it is

confirmed by the Commission0.

The Chairman or any other member of the Commission

may be removed from office at any point in time by the 0 S.2(3) Op.cit028 S.3 Op.cit29 S.5(1) PSC Act

47


President acting on an address in support of two-third

majority of the Senate praying for the removal of such a

person due to his inability of discharging the functions of the

office either due to misconduct, ill-health of the mind or

body0. However, a member may resign his appointment

under a written notice by him addressing the President on

such resignation. Such a member will cease to be a member

of the Commission upon receipt of the notice on that date by

the President0.

The Act0 provides for the cessation of membership of

the Commission due to one reason or the other.

Notwithstanding the provisions of section 3 of this Act0, a

0

030 S.5(2) Op.cit31 S.4 (1)PSC Act32 PSC Act0

0

48


person shall cease to be a member of the Commission in the

following instances:

a. When he becomes bankrupt, suspends payment or

compounds with his creditors

b. When he is convicted of a felony or any offence with his

creditors

c. When he becomes of unsound mind, or is incapable of

discharging his duties

d. When he is guilty of (serious) misconduct in relation to his

duties

e. Any person possessed of professional qualification that is

disqualified or suspended, not at his own request, from

practicing his profession in any part of the world by an order

49


of a court of competent authority made in respect of that

person or member.

Also, any member of the Commission may be removed

by the President if he (the president) is satisfied that it is not

in the interest of the Commission or that of the public for the

member to continue holding the office. Where a vacancy

occurs in the membership of the Commission, it shall be

filled with appointing a successor to hold the office for the

remaining part of the term of office of his predecessor, and

the successor must represent the same interest and shall be

appointed by the president subject to the confirmation of the

Senate0.

The Commission consists of the following departments:

033 S.4 (2) & (3) Op.cit

50


a. Department of Administration and Personnel

Management.

b. Department of Investigation

c. Department of Finance and Supply

d. Department of Planning, Research and Statistics

e. Department of Legal Services

The Commission may increase the number of

departments as it deem necessary and expedient to

facilitate the realisation of the objectives of the Commission

with the approval of the President. The Secretary to the

Commission shall be an officer in the Civil Service of the

Federation who must not be below the rank of a Permanent-

Secretary; he must also have qualifications and experience

enough for a person required to perform the functions of

51


that office under the Act. The Secretary to the Commission

must be the accounting officer of the Commission, whom is

appointed by the President subject to the confirmation of the

Senate, and hold that office on such terms and conditions as

to emolument, conditions of service, conditions of service as

are applicable to the Civil Service of the Federation. The

Secretary to the Commission is responsible for the day-to-

day administration or management of the Commission, and

for keeping the books and proper records of the proceedings

of the Commission; administration of the secretariat of the

Commission; and general direction and control of all the

employees of the Commission. This is however, subject to

directives of the Commission as may be determined from

time to time. The Commission has the power to employ any

number of persons from the civil or public service of either

52


the Federation or State required by the Commission in the

effective and efficient discharge of their functions. Any

service in the Commission is approved for the purposes of

the Pension Act, and such persons employed are entitled to

pensions, gratuities and other retirement benefits as are

enjoyed by persons in the Civil Service of the Federation.

The Police Service Commission shall establish and

maintain a fund for which shall be defrayed all expenditure

incurred by the Commission, and there shall be paid and

credited to the established fund any monies in form of grant

or lent to or deposited with the Commission by the federal

government, state government or any other body or

institution local or foreign from time to time; any money

raised for the purpose of the Commission by way of gifts,

loans, grants and testamentary dispositions; any proceed

53


from all other assets that accrue to the Commission from

time to time. The above fund must be managed according to

the rules laid down by the Commission and without any

prejudice or subjection to the generality of the power to

make rules. Such rules must contain provisions relating to

the specific manner in which of payments in and out of the

funds, and require the proper keeping of accounts and

records for the purpose of the funds in such form as

specified in the rules. The proceeds of the funds must be

applied to following dealings:

a. Cost of administration of the Commission;

b. Payment of salaries, allowances and benefits or members

or committee of the Commission;

54


c. Payment of salaries, allowances, remuneration, benefits,

pensions and gratuities payable to the officers and

employees of the Commission;

d. Payment for all contracts including mobilization,

fluctuations, variations, legal fees and cost on contract

administration;

e. Payment for all purchases made by the Commission; and,

f. Undertake other activities that are connected with all or

any of the functions of the Commission.

The Commission may accept gifts of land, money or

other property under such terms and conditions (if any) as

stated by the person or organisation making the gift.

However, such gifts should not be accepted if the conditions

or terms are inconsistent with the functions of the

55


Commission. Any summon or service of notice or document

on the Commission shall be served by delivering it to the

secretary or by sending through registers post addressed to

the secretary at the principal of the Commission. At the end

of every quarter in each year, the Commission shall submit a

report of its activities and administration to the President.

Not later than 30th September of each year, the Commission

shall submit its estimate of expenditures and income for the

next succeeding year to the President. The Commission

must keep proper accounts in respect of each year and

cause the accounts to be audited not later than 6 months

after the end of each year by auditors appointed from the

list and in accordance with the guidelines supplied by the

Auditor-General of the Federation. Also, the Commission

shall prepare and submit to the President, not later than 30 th

56


June in each year, a report of the activities of the

Commission including a copy of the audited accounts of the

Commission and the auditor’s report for the year, in such

form as the President may direct. The President upon receipt

of the report sends a copy of the report, audited accounts

and the auditor’s report to each House of the National

Assembly.

The Police Service Commission if strengthened-

financially, materially and staff-wise, and allowed to function

as an independent organisation as provided for by the

Constitution, the Commission will be one of the most

powerful and autonomous civilian oversight institutions for

the police in the world.

57


CHAPTER THREE- THE POWERS OF THE POLICE

SERVICE COMMISSION

3.1 INTRODUCTION

The powers of the police service commission, being the

crux of this research, are succinctly discussed in this

chapter. Every institution establish by law must have its

aims and objectives which it’s set out to achieved these set

of objective, however, cannot be attained if the institution

does not excise its powers effectively according to law or

that which created it. the efficiency of the commission lies in

the successful discharge an excise of its powers in ensuring

good oversight and accountability of the Nigerian police

force.

58


3.2 APPOINTMENT OF POLICE OFFICERS

The constitution provide that the commission has

absolute power to appoint persons to offices in the Nigerian

police force, other than the office of inspector-general of

police0. Whereas the police service commission act provide

that the commission shall be responsible for the

appointment of persons into the Nigerian police force, other

than the office of the inspector-general of police0. Under the

1999 constitution0, the police service commission is vested

with the power of appointing a commissioner of police for

each state of the federation. However, their power of

appointment does not extend to the IGP, who is appointed

0 Section 30 (a) part 1, third schedule of 1999 CFRN0 S. 6 (1) (a) PSC act0 S. 215 (1) (b) 1999 CFRN

59


by the president on the advice of the Nigerian police council,

which happens to be a similar body with the police service

commission0.

Appointment into the Nigerian police force is handled

by the department of the police recruitment of the police

service commission. This department is responsible for the

appointment of person into the police force with the

exception of the IGP. Other appointment includes

appointment of commissioner of police for each state of the

federation, appointment and gazetting of retirement from

the Nigeria police force as well as such other powers which

may be assigned by the commission in accordance with the

laws0.

0 S. 216 (2) Op.cit0 http://psc.gov.ng visited on 20/07/2016

60

http://psc.gov.ng/


3.3. PROMOTION OF POLICE OFFICERS

These goes hand in hand with appointment under the

constitution0 as well as under the police service commission

act0. Promotion of officers in the Nigeria police force is

handled by the department of police promotion of the

commission. The department is responsible for processing of

promotion, upgrading, advertisement and conversion of

police officers. It also handles promotion interviews, appeals

and petitions relating to promotion matters as well as other

issue responsible assigned by the commission0

0 S. 30 (a) part 1 of third schedule 1999 CFRN0 S. 6 (1) (a) PSC act0 http://psc.gov.ng visited on 20/07/2016

61

http://psc.gov.ng/


3.4. DISCIPLINE OF POLICE OFFICERS

Discipline of the police officers is provided for in the

constitution under section 30 (b)0. It provides that the

commission shall have power to excises disciplinary control

over persons holding any office in the Nigerian police office

as appointed by the police service commission with the

exception of the IGP. This constitutional provision is given

effect to in the Act0 which provides that the commission shall

excise disciplinary control over persons in the police force

other than the IGP. Disciplinary control within the police is

handled by the department of police discipline of the police

service commission. The department handles cases

involving members of the Nigeria police, petition and appeal

from police, complain from the public against police conduct

0 Part 1 third schedule 1999 CFRN0 S. 6 (1) (b) PSC act

62


as well as any other duty assigned to it by the commission. It

was stated in the case of William Imade v. IGP & ors0, that

where a police officer disobeys a police regulation or

directives, he can be dealt with disciplinarily in the police

orderly room proceeding. However, such officer must in the

first instance be tried in a court of law or criminal tribunal

before any disciplinary action can be taken against him in an

orderly room proceeding.

A complain of conduct or misconduct of police officer

must be resolved or looked into with all the necessary

measures by the police headquarter within 90 days, and

such report must be forwarded to the police service

commission to take a decision on the basis of it

constitutional power to exercise disciplinary control over

0 (1993) 11 NWLR (pt.271) 608

63


officers of the police force except the IGP. In other words, all

pending disciplinary matters in the Nigeria police force

should be treated within three months, as prolonged matters

tend to deprive innocent officers of the police of their

promotions and prolong service of the officers who deserved

to be shown the way out of the force.

3.5. DISMISSAL OF POLICE OFFICERS

The commission has the power to dismiss persons from

any office in Nigeria police force other than the IGP as

provided by the constitution0. The police service commission

provides that the commission shall have the power to

dismiss person, other than the IGP from the Nigeria police

force. The dismissal power goes together with disciplinary

control exercised by the commission over police officers. In

0 S. 30 (b) part 1 third schedule 1999 CFRN

64


Ndili v. Akinumade0, the court held that the test of whether

the dismissal of an employee is proper or unlawful is

whether the procedure adopted in effecting the dismissal

must conform to the term of employment of the aggrieved

person. To be lawful, there must be proved that there is a

departure from the prescribed procedure or in applying the

rule, there is a violation of the rule of natural justice so as to

render the formal compliance a travesty. Also, in konwei v.

IGP &ors0, the supreme court reaffirmed the decision of the

trial court to the effect that all the steps taken by the police

authorities were consistent with the procedure normally

taken in dismissing a police officer, and that the dismissal in

the instant case was not only regular but proper.

0 (2000) 8 NWLR (pt.668) 2930 (2007) ALL FWLR (pt.391) 1699

65


3.6. POWER OF DELEGATION

The commission may delegate any of its powers under

this Act0 to any officer in the service of the Nigeria police

force, or to a committee consisting of such number of

persons, one of whom shall be named as chairman, as may

be prescribe by the commission. This power of delegation is

subject to such conditions as the commission may think fit or

reasonably necessary in the circumstance. Such an officer of

the police force must have been duly appointed and

confirmed to be bonafide officer in the police force, and the

committee must have been duly constituted as provided

under the schedule to the Act relating to proceedings of the

commission and the committee.

0 PSC Act

66


CHAPTER FOUR-FUNCTIONS OF THE POLICE SERVICE

COMMISSION

4.1 INTRODUCTION

This chapter will extensively discuss the functions of the

police service commission toward the discharge of the duty

as required by the law, the set objectives of the commission,

however cannot be achieved if the institution or the

commission does not discharge its functions effectively

according to the law or that which created it. The

effectiveness and efficiency of the commission lies in the

successful discharge and exercise of its function in ensuring

good oversight and accountability of the Nigeria police force.

67


4.2. GOVERNANCE AND OVERSIGHT OF NIGERIAN

POLICE FORCE

The constitution created two organs for the governance

and oversight of the country’s police system. These are the

Nigeria police council and the Nigeria police service

commission established under section 153 of the

constitution0. Section 216 (2) of the constitution0 requires

the president to consult the Nigeria police service

commission before making appointment to the office of the

inspector-general police, and before removal of same. The

state governors constitute an overwhelming majority of the

membership of police council, which is said to be the highest

organ of the control of the police force. Consequently, is an

important organ for police oversight and accountability.

0 1999 CFRN0 1999 CRFN

68


Police oversight by the Nigeria police service

commission an executive bodies that enhance police

legitimacy, effectiveness and public-police co-operation.

These oversight body for efficiency is expected to be

independent from interference that may compromise its

decisions, and there should be integrity of the agency’s

official political support by the government inform of

providing the requisite legal framework and necessary

human, financial and material resources. The transformation

of the Nigerian police force into an effective, trustworthy,

civil, incorruptible, responsive and respected police force

requires the effective internal professional standard and

disciplinary department within the police force, efficient, fair

and independent external accountability and oversight

agencies; and co-ordination of the external and internal

69


mechanisms and grievance redressing procedures, discipline

and oversight policies0. The function of the police service

commission as to governance and oversight helps largely in

ensuring accountability and corrupt free police force in

Nigeria.

4.3. POLICY FORMULATION AND IMPLEMENTATION IN

THE POLICE FORCE

The police service commission has the power to

formulate policies and guidelines for the appointment,

promotion, discipline and dismissal of the police officer0;

identify factors inhibiting or undermining the discipline in the

Nigerian police force0; formulate and implement policies

aimed at efficiency and discipline in the Nigeria police force0; 0 Usoh, V.A (2014) Op.cit.0 S.6 (1) (c) PSC Act0 S.6 (1) (d) Ibid0 S.6 (1) (e) Ibid

70


perform such other functions which in the opinion of the

commission and required to ensure the optimal efficiency of

the Nigeria police force in relation to carrying out their

primary duty of providing security and protection of lives

and properties0; and carry out such other functions as the

president may direct from time to time0. It should be noted

that the commission shall not subject to the direction,

control or supervision of any other authority or person in the

performance of its functions other than as it prescribed

under the police service commission Act.

In line with the provision of section 6 (1) (c)0, the

commission prepared a guideline for the promotion in the

police force, which makes the provision for the

establishment of appraisal/promotion committees at the 0 S.6 (1) (f) Op.cit0 S.6 (1) (g) op.cit0 PSC Act

71


area command, state and national levels; procedures for

promotion in the different ranks in the police up to the rank

of Deputy Inspector-General of police; and procedure for

petitions and appeals0.

4.4. PAY STAFF OF THE COMMISSION

The police service commission in powered by law to

pay its staff such remunerations and allowances as are

payable by persons of equivalent grade in the civil service of

the federation0. Such money for the prompt payment should

be due from the funds established and maintained by the

commission under section 12 (1) and pursuant to section 13

(b) and (c)0. It provides for the payment of salaries,

allowances and benefits of members of the commissions or

0 ‘Guidelines For Promotion In The Nigeria Police Force’ police service commission, Abuja, 20060 S.7 (a) PSC Act0 PSC Act

72


any committee of the commission, and the payment of

salaries, remuneration, allowances, benefits, pensions and

gratuities payable to officers and employees of the

commission, all from the proceeds of the fund established

and maintained by the commission under section 12 of the

Act0

4.5 ENTERING INTO CONTRACT

The police service commission can enter into such

contracts as maybe necessary and expedient for the

discharge of its functions, and ensure the efficient

performance of the function of the commission0, and do such

other things as are necessary for the effective performance

of the functions of the commission.0 However, such acts or 0 Op.cit0 S.7 (b) PSC Act 0 S.7 (c) Ibid

73


contracts must be in consonance with the activities of the

commission and must be reasonably necessary to warrant

the entering of such contracts with individuals or agencies.

These function of the commission relates to section 18(1)(a)0

which provides that the commission may purchase or take

on lease any interest in land or other property for the

purpose of providing offices and premises necessary for the

performance of its functions as provided by law under the

police service commission Act. This is however, subject to

the provision of the Land Use Act.0 The section also provides

that the commission may construct offices and premises,

and equip and maintain same.0Also, subject to Land Use Act,

the commission may sell or lease out any offices or premises

0 Op.cit0 Cap L23 LFN 20040 S.18 (1)(b) PSC Act

74


held by it which is no longer required for the performance of

its function und the Act. 0

0 Ibid

75


CHAPTER FIVE-SUMMARY AND CONCLUSION

5.1 Summary

The subject-matter of this research is an appraisal of the

powers and functions of the police service commission in

Nigeria, being the oversight body regulating the

appointment, promotion, recruitment, discipline and

dismissal of persons in the Nigeria police force other than

the Inspector-General of the police. The police service

commission is the civilian oversight mechanism established

by the constitution and the police service commission act in

order to ensure accountability and efficiency in the Nigeria

police force. The commission has gone through a traditional

process from 1960 to date, with series of overhauls

hindering its development. It is a federal executive body

75


established by the police service commission Act0 to carry

out its mandate. The police service commission comprises of

its chairman and other members not less than seven and

more than nine to run the commission. The management of

the commission is vested in its members appointed in line

with the federal character provisions of the constitution0. The

commission has five departments, which include the

department of investigation, department of finance and

supply, department of legal services, department of

administration and personnel management and also

department of planning, research and statistics.

The police service commission perform it functions in

order to ensure good oversight and accountability of the

Nigeria police force. The commission has the power to

0 No.1 of 20010 1999 CFRN

76


appoint, recruit, dismiss, promote and discipline members of

the police force, with the exception of the inspector-general

of the police, as well as formulation and implementation of

policies for the police force. Also, the commission is

empowered to pay its staff, enter into any contract when

necessary and delegate authority to so act on it behalf on

any person or body. However, the commission is not the only

agency regulating the activities of the police. The Nigeria

police council is also an oversight body regulating the

activities of the police force. It functions are the general

supervision of the activities of the police, organization and

administration of the police force and advising the president

on the appointment of the inspector-general of police, which

is outside the purview of the police service commission. The

Nigeria police council consists of the president, states

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governors, the inspector-general of police and the chairman

of the police service commission. These two bodies (PSC

AND NPC) exercise governance and general oversight of the

police force. The police service commission has achieved a

lot and is still facing some challenges as well. Many aspects

of the commission’s activities are indeed in need of quick

reform in order to curb or check the excesses of the

commission so that it can function effectively and efficiently.

5.2 OBSERVATIONS

From the research conducted, a lot have been observed

in the affairs of the commission in discharging it statutory

duties and obligations. First, the commission lacks the

adequate man-power, material and functional resources to

carry out its functions and ensure good accountability and

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oversight of Nigeria police force. Secondly, the commission

does not have an independent investigation mechanisms in

looking at complaints and petitions filed before it. Thirdly,

the recruitment process of persons into the force is not up to

standard and as such, illiterate or unqualified persons are

recruited into the force. For the Nigeria police force to be

transformed into an effective, efficient, civil, trustworthy,

incorruptible, responsive and respected force, the

establishment of an effective internal standard and

disciplinary department within the force, an effective, fair

and independent external accountability and oversight

agencies as well as the co-ordination of the external and

internal mechanisms is necessary to ensure the standard

expected in the force. In a nutshell, the challenges facing the

activities of the commission should be looked into in order to

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ensure it optimum efficiency. The commission is not working

closely with the Nigeria police council as it should be even

though both are the external agencies regulating the

activities of the Nigeria police force.

5.3 RECOMMENDATIONS.

The recruitment processes as handled by the police

service commission are essential in getting the right human

resources into the police force. The Nigeria police force

recruit at three(3) levels (constable, cadet and inspector)

and as such, a good system of screening should be made

with its standards and ensure equitable recruitment from all

parts of the country. The Nigeria police force should work

closely with the police service commission in order to evolve

standardized tests and screening procedures for constable

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and inspector recruits as well as senior officer cadets. The

police are particularly vulnerable during elections. In the

2011 and 2015 general elections, the police performed very

well and were committed to the task of ensuring security

during and after elections, with every breach of peace 0or

destruction documented and followed up by the police

service commission who observed deployment of personnel

all over the country. The results showed a positive change in

the public’s perception of the police. The task for the new

leadership of the commission in the run-up to subsequent

elections is to consolidate that achievement. Therefore, the

credible performance of the police in the 2015 general

elections can be repeated, but the full involvement of the

commission is paramount0. Different

accountability mechanisms which enhance oversight of the 0 Owen, O.(2014) Op.cit p.5

81


police by elected authorities and wider public beyond the

central level alone needs to be explored. Tensions between

the federal and state authorities over policing can be

reduced by regularizing the Nigeria police council, which

incorporate both the president and the states governors that

is currently in abeyance. Internal mechanisms in the police

for checking corruption should be revisited and updated by

the police service commission, and due consideration should

be given to enhance the commission’s role in the

investigation of complaints. There should be a good working

relationship between the inspector-general of the police and

the police service commission which is crucial for the

objective service delivery of policing to be achieved. If the

overall police head has no regard or respect for the decisions

of the commission, then not even his subordinates would

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comply or implement the decisions of the commission.

Finally, the budgetary allocation of the commission should

be reviewed with a view to the assurance that it is

adequately funded and thus ensuring its efficiency and good

service delivery0.

5.4 CONCLUSION

It would be right to conclude that the establishment of

the police service commission is important in ensuring

efficiency, accountability, standard and professionalism in

the police force. The police service commission regulates the

promotion, recruitment, appointment, discipline and

dismissal of persons in police force, whereas the Nigeria

police council regulates the general supervision,

organization and administration of the police force as well as 0 Usoh, A.V.(2014) Op.cit. p.10

83


advising the president on the appointment of the inspector-

general of police. The various functions of the commission

shows a great deal of oversight responsibility over the affairs

of the police. The commission is an agency with explicit

powers of police oversight and accountability. These

oversight body for efficiency should be independent from

interference that may compromise its decisions, and there

should be integrity in the agency’s official political support

by the government in the form of requisite legal framework

and necessary human, financial and material resources.

Therefore, the police service commission if strengthened

financially, materially and staff-wise, and allowed to

functions as independent organization will be one of the

most powerful and autonomous civilian oversight institution

for the police in the world.

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BIBLIOGRAPHY

Alemika, E.E.O and Chukwuma, I.C. (2003) (eds) “Civilian

Oversight and Accountability of Police in Nigeria” Centre for

Law Enforcement Education and the Police Service

Commission.

Alemika, E.E.O. (2013) “Police Accountability in Nigeria:

Framework and Limitations” University of Jos, Nigeria.

Alemika, E.E.O “Significance Of External Police Oversight

And Accountability Mechanisms” Paper presented at the

Police Executive Forum, organized by Center for

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Enforcement Education(CLEEN) Foundation and Justice for

ALL, DFID 30/04/2013.

Dambazau, A.B. (2007) Criminology and Criminal Justice,

Spectrum Books Limited, Ibadan.

Guidelines for Promotion in the Nigeria Police Force’, Police

Service Commission, Abuja 2006.

Http://psc.gov.ng

Odekunle,F. (2005)”Overview of Policing In Nigeria: Problems

and Suggestions” Center for Law Enforcement Education,

Lagos.

Ojo, E. “The Role of the Media in Ensuring Police

Accountability in Nigeria” Media Rights Agenda, Lagos.

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http://psc.gov.ng/


Onwubiko, E. (2012) “The Rot in the Police Service

Commission” The Punch Newspaper, 21st, February 2015

p.12

Owen, O. (2014) “The Nigeria Police Force: Predicaments

and Possibilities” Nigeria Research Network Working Paper

No.15.

Usoh, A.V. (2014) “Policing and Law Enforcement in Nigeria”

School of Arts And Sciences, National Open University of

Nigeria.

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