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).
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
AUGUST, 2016.
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
© 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.
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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.
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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.
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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.
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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.
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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.
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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
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Op Cit- OPERA CITATO
PSC- POLICE SERVICE COMMISSION
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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
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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
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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 - - - - - --
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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- --
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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- - - - --
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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- - - --
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CHAPTER FIVE- SUMMARY AND CONCLUSION
5.1 Summary- - - - - - - - --
5.2 Observations - - - - - - - --
5.3 Recommendations - - - - - - --
5.4 Conclusion- - - - - - - - --
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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
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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
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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
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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
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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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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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.
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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
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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.
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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
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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
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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)
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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
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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.
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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
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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
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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)
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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
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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
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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)
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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,
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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.
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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.
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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
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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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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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
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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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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.
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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
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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
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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
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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
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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;
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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.
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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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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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
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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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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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
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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
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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
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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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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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
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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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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;
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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held by it which is no longer required for the performance of
its function und the Act. 0
0 Ibid
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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
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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
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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
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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
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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
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Alemika, E.E.O. (2013) “Police Accountability in Nigeria:
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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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AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
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
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Ojo, E. “The Role of the Media in Ensuring Police
Accountability in Nigeria” Media Rights Agenda, Lagos.
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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
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87
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