Monday 3 September 2012

THE STATE POLICE OPTION TO INTERNAL SECURITY:

The clamour for creation of State Police has dominated the political landscape in recent times. Leading the School of thought for are mostly Governors of the Southern States with Former Presidents Ibrahim Babangida and Olusegun Obasanjo. According to this line of reasoning internal security will thrive better only if the States own and control its 
contingents. Arguing further, the past glory of the moribund Native Police is reference point. On the other side are Northern Counterparts backed by Committee of Former Inspectors General of Police led by Gambo Jimeta, Informed Opinions holders, the Opposition Parties, Human Rights Groups, Civil Society Organisations, NGOs etc. Here the antagonising view dismissed the demand as subtle attempt to dismembered the Union. Stating further that the status quo only demand adequate funding to improve performance. According to Gambo Jimeta it as demand for "crude force by the States".



Analysing the trends of the debate it appears there is a disconnect from the proponents of the demand as to the chemistry of power relations of Nigerian Federation or a conceal motive. If the demand is not a misconception, certainly, it cannot be guided by patriotism rather a quest for crude power monopoly. Opposing views fear that the demand is intended to secure force for muzzling perceived political opponents.

What remains unclear is, must the internal security be put at the command of the States for it will be effective?
If so, how effective have the States been with the management of huge resources meant for developments?
If Statutory allocations are remains un accountable by the same States what is the guarantee that they will become born again with State Police?
To whom much is given much is expected.


In any case the power relations of Nigerian Federation presuppose a strong power base at the centre with a weaker automous component units opposed to the USA Union where there is considerable devolution of powers to the Federating units. The centre has no business with Education, Health, Agriculture, Environment, Internal security etc. All these are reserved for the States. The States have Supreme Courts with exclusive jurisdictions on matters peculiar to them.


There is doubt that every Federal Constitution is fashioned based on historical evolution of the union. Our Federation was developed from the merger of 1914 upon the convenience of Colonialisms. It has been sustained so since independence, so any demand for vertical control of force will be federal suicidal with attendeant consequences for the Nation. This may lead to coronation of Emperors at the States who may set aside the rule of law for whims and caprices. Even now what is happening in some States is unimaginable?


To demand for State Police without corresponding devolution of responsibilities will tantamount to power brigandage which is hypocritical to national cohesion. There can be no power donation without corresponding check mechanism, How will the excesses be regulated? Certainly not through the Courts, because the State Chief Executives had penchant for disobedience for Court decisions.

To me this demand requires critical surgery of power configuration of the exclusive legislative list of the Federation. Responsibilities dealing with these sectors, Health, Water Resource, Education, Agriculture, Commerce, Tourism, etc be devolved to the States, while the Centre concentrates on issues that will enhance national harmony.
Granted the security challenges call for revisiting the fundamental basis of the federation. Certainly, it is not State Police that will be the solution.The question of immunity of executive powers is more critical than State Police. Imagine that executive powers is exempted from criminal prosecution even if the holder picks a gun and spread a population it will have to wait until expiration of tenure.

No wonder, some State Executives give effect to only Court rulings that confirmed them duly elected even when they knew how they were returned. Even without the State Police, public outcry about the manner State Independent Electoral Commissions is manipulated portrayed inherent abuse associated with state executive power. Results for Candidates of Party in government is usually prepared before the elections and when such results are upturned by ballots, the winners may be declared at Collection Centres but Certificates of Returns are issued to losers who are subsequently inaugurated. This anti democratic posture of state executives is responsible for incessant crisis in most States.

The Local Government system is considered personal estates of State chief executives where the First Lady is Sole Administrator. Resources meant for the system is deducted at source for servicing the empire of their families. Since no credible election is usually conducted the Local Councils executives are mere puppets to facilitate diversion of Funds. Despite huge allocations to Local Government System most States have not been able to pay #18,000 minimum wage. In some States the Local Governments have been on strike for over 4-5 months, while others under key and lock. 

Experience has shown that most assassinations of the oppositions are state sponsored. Therefore, impunity is protected, while at terminal of power State Chief Executives graduates to either Upper Chambers or better still abandoned handing over to their Deputies for refuge in foreign nations to spend their loots. All these are done to evade prosecution. Since this dispensation non of the occupant of executive powers have been convicted except James Ibori but then in London. What is available here is protracted criminal proceedings that suffer natural terminal.

The Oath of such Offices demands doing justice to all manner of people. Ironically the executive powers is manipulated in most instances to sponsor hatred, bitterness, religious bigotry and ethnic chauvinism. Instances abound where state power instead of been employ to protect citizens, is mobilized to cause divisions so as to justify looting in the name of security votes. Will State Police help or escalate in the circumstance?

Conscious of the heterogeneous nature of the Nigerian Federation, Section 14 of CFN, 1999 as Amended provides for equitable distribution of positions and resources to foster national integration.
Lamentably, what is obtainable in most crisis prone zones is politics of exclusion, where family members constitute state executives assisted by handpicked surrogates to facilitate public kleptomania.

The Constitution to the Nigerian Czar is only useful for Oath taking during inauguration, where he showcase himself as new occupant of either State House or Government Houses. Anything after this is mere bunkum. 
The only alternative to security challenges is good governance, justice and equity but not State Police.

The insulation of executive recklessness under immunity is mundane and should be expunge from our Statute books. Executive malfeasance in furtherance of public interest can be protected. But a general exemption of executive powers is at best creating sanctuary for criminality. Nigerians must analyse the current situation objectively free from bias or prejudice. 

Terrorism is crime against humanity which threaten the foundation of peaceful co- existence. It requires collective determination to deal with it. From the experiences of Kenya and the USA, no doubt mutual cooperation between major religions is the take off point for combating the menace. Trading of blames or reprisal attacks will only orchestrate social acrimony. It will assist in widening the gap to the advantage of insurgency.

Nigerians must accept that terrorists are disgruntled elements on parochial mission that lacks the mandate of Islam. So also kidnappers, rapists and armed robbers prevalent in Southern Nigeria neither have the blessings of Christians or Traditionalists.

The bombing of worship places is condemnable but is no justification for streets and highway carnage. Once Nigerian Christians and Muslims realise this and foist common collaboration based on the Kenyan model, terrorists will have no hiding places.

For the State Police, it appears like power beneficiaries of the day are prepared to subvert the legal order by replacing it with one that will elongate tenure. But in view of the perceived resistance, the kite of State Police is flown to massage the sentiments of people in crisis areas. Otherwise, how can people who cannot manage resources be further entrusted with force? Why has there been complacency with the question of good governance but advocacy for State Police is with trumpets? At whose advantage will the State Police be? What is wrong with the Federal Police? 


The train-like convey of State executives is made up of Federal Police which has been effective in protecting them and their families so what is the problem with Federal Police? Not been willing to be used for the elimination of desident opinions?
No body will arm a mad man in the filling station with matches and claim ignorance of the grave consequences.
On Federal Police, I stand.

Written by Solomon Selcap Dalung, LLB (Hons), BL, LLM, University of Jos, Nigeria



















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