ONCE THE SECURITY BILL IS PASSED INTO LAW THE PRESIDENT WILL NOW HAVE POWERS TO APPOINT OR DISMISS SECURITY LEADERSHIP WITH IMMEDIATE EFFECT. 97. Section 12 of the National Police Service Act is amended by— (a) deleting subsection (2) and substituting therefor the following subsection— (2) The President shall, within fourteen days after a vacancy occurs in the office of the Inspector-General, nominate a person for appointment as an Inspector-General and submit the name of the nominee to the National Assembly. (b) deleting subsections (3), (4), (5), and (6). 98. Section 15 of the National Police Service Act is amended by deleting subsections (2), (4), (5), (6), (7) and (8). 99. Section 17 of the National Police Act is amended by deleting subsections (2), (3), (4), (5) and (6). 100. Section 29 of the National Police Service Act is amended by deleting subsections (2) and (3). THE FOLLOWING SECTIONS OF NPS ACT DELETED; 15. (1) The Inspector-General may be removed from office only for the grounds stipulated under Article 245(7) of the Constitution. (2) A person desiring the removal of the Inspector- General on any ground specified in subsection (1) may present a petition to the Commission setting out the alleged facts constituting that ground. (3) The Commission shall consider the petition and, if at least two thirds of the members present and voting agree that it discloses a ground under subsection (1), the Commission shall recommend to Parliament the removal of the Inspector-General. (4) Parliament shall consider the petition and, if it is satisfied that it discloses a valid ground under subsection (1), forward the petition to the President. (5) On receiving a petition under subsection (4), the President— (a) shall appoint a tribunal in accordance with subsection (6); and (b) may suspend the Inspector General, as the case may be pending the outcome of the petition. (6) The tribunal shall consist of— (a) a person who holds or has held office as a judge of a superior court, who shall be the chairperson; (b) three persons who are qualified to be appointed as judges of the High Court; and (c) one other member who is qualified to assess the facts in respect of the particular ground for removal. (7) The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within seven days. (8) A person suspended under this section shall be entitled to continue to receive one-half of the remuneration and benefits of the office while suspended. 17. (1) A Deputy Inspector-General may be removed from office only for— (a) serious violation of the Constitution or any other law, including a contravention of Chapter Six of the Constitution; (b) gross misconduct, whether in the performance of the functions of the office or otherwise; (c) physical or mental incapacity to perform the functions of the office; (d) incompetence; (e) bankruptcy; or (4) The President shall act in accordance with the recommendation of the Commission under subsection (3) within fourteen days. (5) Pending the investigations under subsection (3), the President may, on the advice of the Commission, suspend the Deputy Inspector-General. (6) The Deputy Inspector-General suspended under subsection (5) shall be entitled to continue to receive one half of the remuneration and benefits of the office while so suspended. (f) any other just cause. (2) A person desiring the removal of a Deputy Inspector- General on any of the grounds specified in subsection (1), may present a petition to the Commission setting out the alleged facts constituting that ground. (3) The Commission shall, subject to Article 47 of the Constitution, consider the petition, and, if at least two thirds majority of all the members are satisfied that it discloses a ground under subsection (1)- (a) investigate the matter expeditiously; (b) consider the facts or any evidence arising out of the investigations under paragraph (b); and (c) if at least two thirds majority of all the members, excluding the person under investigation, are satisfied that the allegation is based on facts, report on the facts and make a binding recommendation to the President. 29. (1) There shall be a Director of Criminal Investigations who shall be appointed in accordance with section 30. (2) The Commission shall set the term of office of the Director of Criminal Investigations. (3) The Commission shall appoint the Director on such terms and conditions as the Commission may determine. NB: President could not have sacked or appointed the Security leadership. The constitution challenges...
Posted on: Thu, 18 Dec 2014 05:54:56 +0000