May It Please My Lord, Justice Suleiman Abba, IGP - by: B Fapohunda - via ThisDay - November 13, 2014 The unease over the 2015 general elections has assumed a worrisome dimension with the sudden withdrawal of the security operatives attached to the Speaker of the House of Representatives, Hon. Aminu Tambuwal. The event which may not be unconnected to Tambuwal’s decamping from the ruling Peoples’ Democratic Party to the All Progressives Congress has created ripples in the polity that have engendered serious legal controversies. Olawale Fapohunda examine the implications for Nigeria’s fledging democracy. As a witness to the ransacking of the Ekiti State High Court by thugs and the beating up of a Judge I should be forgiven for thinking that our justice system had finally hit rock-bottom and we cannot possibly go any lower. The intervention of Mr. Abba, the Inspector- General of Police{ IGP} in the matter of the defection of Alhaji Aminu Tambuwal, Speaker of the House of Representatives, has shown that we may yet still have some way to fall even after reaching rock bottom. For the purpose of clarity the facts are worth repeating even if frequent repetition will not cure the absurdity. On Thursday 30 October 2014, Alhaji Tambuwal at the session of the House of Representatives informed his colleagues of his decision to quit the Peoples’ Democratic Party {PDP} for the All Progressive Congress {APC}. The reasons for his defection are immaterial for the purpose of this write-up. Without waiting for an understandably aggrieved PDP to seek judicial pronouncement on the status of Tambuwal, the IGP suo moto took judicial notice of the defection and re-constituted the Police Headquarters into a Constitutional Court. We do not know whether the IGP heard copious legal arguments from the rank and file of the police force - officers, sergeants and corporals on the constitutionality of Tambuwal’s defection. What we know is that the IGP found Tambuwal guilty of constitutional infraction and sentenced him to a ‘speakership without security’. The speed with which the judgment of his court was enforced was unprecedented in the annals of judgment enforcement in Nigeria. All of Tambuwal’s police security personnel were withdrawn within 24 hours of his defection. What is particularly laughable were it not a serious matter of impunity and abuse of office is the misinterpretation of the constitutional provision confidently relied upon by the ‘Learned Police Law Lord’. It is difficult to see how Section 68{1} {g} of the 1999 Constitution read in its ordinary meaning could apply to the office of Speaker. One would have thought that the relevant provision that relates to the vacation of office by the Speaker is Section 50{2}{a}-{c} of the 1999 Constitution{ as amended}. In any case, I imagine not a few lawyers will have painstakingly revisited Sections 214-216 of the 1999 Constitution {as amended} and the Police Act with a view to finding any provision that remotely confers judicial powers on the IGP or his office. No such provision exists. If the IGP had withdrawn Tambuwal’s police officers and indeed those of all members of the House of Representatives for failing to ensure the enactment {not just passage} of the Police Act amendment bill, the Prisons Act amendment bill or the Administration of Criminal Justice bill many of us would have applauded. One would have thought that the current political process would have provided the IGP with an opportunity to present a much needed framework for police reform in the hope that the Jonathan administration would incorporate it in the much talked about transformation agenda and other parties will include same in their political manifestos. This regrettably has not been the case. With profound respect to the IGP his conduct in this matter amounts to flaunting bias and should be a matter of concern to all Nigerians as we approach the 2015 elections. How can an IGP that has shown himself quick to do the bidding of the ruling party be trusted with overseeing the security needs of a free and fair election? It is noteworthy that the IGP did not take judicial notice of the 14 million dollars that was air- freighted to South Africa in the name of an arms deal. Also the massive defection of Governor Mimiko and much of the Ondo State House of Assembly from the Labour Party to the PDP must have escaped the scrutiny of the IGP. Indeed, It is beyond understanding that an institution that is struggling which much difficulty in carrying out its primary responsibility of maintaining law, order and safeguarding lives and properties of Nigerians will seek to usurp the functions of another institution in such brazen manner. Police and policing are failing Nigerians. The reality is that our efforts to combat crime and to counter terrorist activities are being outpaced by the innovation and agility of criminal networks and Boko Haram. The priority of the IGP should be finding creative ways of tackling the severe challenges facing the police in a number of areas, including equipment, technology, personnel, training and intelligence capability. These are in addition to the poor public image of the police brought about by a general sense of lack of accountability to the public they are meant to serve. More worrisome must be the absence of the political will needed to address these issues. The Federal Government police reform agenda in the last decade have been high on rhetoric and limited or cosmetic in nature. The visit of President Jonathan last year to the Police College, Ikeja was widely celebrated as the beginning of good things to come for the police force. The dividend of that visit is yet to be seen. The police training institutions are still in dire need of endowment not only for the purposes of upgrading their physical structures but also improving the quality of their curriculum. Currently training courses provide neither adequate nor proper coverage of critical topics like interrogation, victim ology and the treatment of vulnerable groups. The effect of all these structural and institutional flaws is a police force that is incapable of meeting the security needs of Nigerians. What Nigeria needs going forward is not a political IGP that is sympathetic to the ruling party. We need an IGP that is professional to the core. Nigeria desperately needs an IGP that will provide vision and leadership in implementing reforms aimed at improving police technology, personnel, training and intelligence capacity. We need an IGP with a clear strategy, practical appreciation and knowledge of how to respond to the heightened state of insecurity in Nigeria. The confirmation of Mr. Suleiman as the substantive IGP is an unambiguous statement by the Federal Government that this need may not be realised anytime soon. - Fapohunda is the Former Attorney- General of Ekiti thisdaylive/articles/may-it-please-my-lord-justice-suleiman-abba-igp/193695/
Posted on: Thu, 13 Nov 2014 15:35:40 +0000
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