22/04/2024
State Policing and The Way Forward
As a graduate of Public Administration with a special focus on public policy, It’s my pleasure to write on the subject above as a student of politics and a good governance advocate.
This is a no-holds-barred submission as many honourable parliamentarians have exercised their concerns during the second reading of the state police bill. This write up represents the yearning of the people, their fears, and concerns on the subject matter. The claims and events allegedly mentioned in this article are of public perception although they happened, but I’m not in the position to accuse anyone of wrongdoing or tag them as culprits but to make reference of the opinions in the public space.
Therefore, my apology to those who might be offended, especially by the claims thereof, this is not a medium to accuse anyone but to make reference to my submission.
The theory of the natural law states that human possesses an intrinsic sense of right and wrong that governs reasoning and behavior. The concepts of natural law are ancient, stemming from the times of Plato and Aristotle. Natural law is constant throughout time and across the globe because it is based on human nature, not on culture or customs. Natural law holds that there are universal moral standards that are inherent in humankind throughout all time, and these standards should form the basis of a just society. Human beings are not taught natural law per se, but rather we discover it by consistently making choices for good instead of evil.
Meanwhile the term “survival of the fittest” was made famous by British naturalist Charles Darwin in the fifth edition of “On the Origin of Species” published in 1869, which suggested that organisms best adjusted to their environment are the most successful in surviving and reproducing. Darwin borrowed the term from English sociologist and philosopher Herbert Spencer who first used the word in the 1864 book “Principles of Biology”. Darwin did not consider the process of evolution as the survival of the fittest; he regarded it as survival of the fitter, because of the “struggle for existence” a term he took from English economist and demographer Thomas Malthus.
The natural law of survival dictates that every organism of life is a potential predator with the ability to use the weaker ones for its survival or the good of its community. The creator has put everything in place for human survival at every location with the potential to create an enabling environment for himself and his community. But when the process of evolution sets in, the strong becomes the weak, the hunter becomes the hunted. The giant with all his natural ability and resources might find it difficult to achieve his giant stride because of some factors which are not limited to docility, parochial sentiments, failure to make right choices, and system compromise, then the giant becomes the mockery of the highest order even from his subject that is nowhere close to him.
The trajectory of a willing hand and the idle mind in solving problems is contained in their approach and determination, both are contrary in approach, practices, and operations. The difference between them is the underlying interest and desire to get results. A willing hand always wants to get things done despite not having prerequisite knowledge, resources, and experience, but after several attempts and failures, a willing hand gets the result and becomes the envy of the idle mind.
The idle mind in his cubicle is lazy and deceitful, he might have the necessary potential, knowledge, and resources to make things work but the underlying interest, conspiracy, and manipulation of the value system that always leads to structural decay, monumental failures with attempt to scramble for external help or intervention in solving an existing problem caused by his docility and negligence.
Now, the need for state policing in Nigeria is long overdue, the agitation for state police has been on the front burner since the fourth republic till today, there have been flip-flop discussions around its creation, and the national assembly has raised their concerns even with some notable individuals on its model and module operandi.
The most common flash points around state policing include the use by the state governors against perceived political enemies and their critics, the rise in secessionist agitations, and thirdly the possible increase in gun violence as a result of poor training of state personnel and poor remuneration which might lead to the use of the weapons assigned to them for crimes. But with the increase in communal crimes, banditry, terrorism, kidnapping, armed robbery, ritual killing, and so on. It’s obvious that Nigeria is faced with serious security challenges with overstretched security personnel, we are faced with a multifaceted security situation while state policing is inevitable in the current situation we found ourselves.
This note is to address the pertinent issues around the creation of state policing and to give a practical approach to managing such concerns. As a social/public policy strategist, my job is to look critically at societal issues, open my historical archives, and offer practical solutions that are homegrown and tenable to our society at large.
It’s a fact that our society is non-homogenous, very megalomaniac in nature with extreme egocentric social and political structure. These features of our social structure contribute to monumental challenges we are facing today, executive highhandedness and impunity in every sector of our national life. Anyone with an advantage over the other will always want to exert authority over the weaker ones, subjecting them to all sort of intimidation, harassment, and manipulations and also exercise absolute powers over them or the perceived enemies as we have seen today. It wasn’t a mistake when President Obasanjo during his term in office said that we are not ripe enough for state policing, although that statement was misconstrued but was the fact looking at what has been happening before and since President Buhari took over till today, it’s crystal clear that we have moved thousand steps backward both in economy, security and in democratic principles.
Political thuggery and rascality were evident in our socio-political system during Action Group in the South-West which was becoming a norm in our national politics before President Buhari’s emergence. Since 2015, we have seen thuggery and rascality brazenly suffice in our public space, even being displayed by public and political officers during and after elections without an atom of shame.
Since the Buhari regime, undemocratic tendencies in governance have increased, we have seen the reign of terror, extra-judicial killings, abuse of power, political tyranny, judicial harassment and cowardice, disobedience to the court order, executive overbearing, human rights abuse, high level of corruption and so on, all these were perpetrated by the federal and the state governments. The overbearing of some governors is extremely monumental to the extent that any dissenting voices will be dealt with by the agents of the state or non-state elements which makes the citizens live in fear because of daily attacks and killings by unknown elements. A state with police formation will be an executive order to kill.
President Buhari administration brought executive highhandedness in managing the economy and security which are the bane of a progressive nation. Terrorists and bandits were on the loose causing mayhem across the country while the President’s body language approved of it, also a popular governor was busy making ethno-religious inflammatory statements even to the extent of propagating an Islamic conspiracy theory in a multi-religious and multi-ethnic society like Nigeria leaving the country especially the people of the Meddle-belt and the South in fear of attacks which triggered agitation across regions with the notion of a multifaceted civil war which was imminent during Buhari’s regime.
The security formations were helpless, the judiciary was confused while the citizens were frustrated, and there were indications of a failed state, a bane to social cohesion and development. This is not how a society should be structured, only a failed state with insane leaders who are in the lower cadre of integrity, capacity, and character governs in this manner. Leaders with the right sense of mind will not be insensitive to the plight of their people, there is no gainsaying that the spirit of Joseph Stalin was invoked to torment the Nigerian people.
Our poor social structure has affected our reasoning and behavioral patterns where the powerful exploit the weak without a sense of decency and regret, this has negatively influenced our mindset, our society, and our sense of reasoning because of a lack of communal or inter-tribal cooperation. In this type of social system, there will be an increase in social dissents, agitations, crimes, and unrest. A sincere government is needed to reinforce our national cohesion and unity above ethnicity, tribe, or religion. A government that will decentralize the political structure, and re-arrange our social-cultural engagement by taking power from the powerful and devolving it to the grassroots.
A social structure that guarantees fairness, justice, equity, and public participation in core social and political engagements. The most important thing in establishing state police is the sincerity of purpose and absence of selfish interest. State policing in Nigeria might be the best thing to happen to Nigeria if properly handled and established. With the emergence of I.C.T., state policing might be the power broker in our various states and communities, with the potential of having the best security system that can transform our society into an effective social and political stability of the century. State policing is the solution to our monumental security challenges if the fear of the regional forces is unabated, we should adopt a different strategy in establishing state police because of the antecedent of our political class.
We should not be ignorant of the past or be insensitive to the people’s plight and fears, there would be a potential breakdown of law and order or abuse of power if state governors are allowed to control the state police, some of us are not ignorant of the past.
There were crimes suspected to be political killings in several states which include, the murder of Engr. Funsho Williams in Lagos, Mr Ayo Daramola in Ekiti, Mr. Dipo Dina in Ogun state, Mrs Salome Abuh in Kogi, and a host of others.
To remind us of some events and concerns in our political struggles that shaped my submission and proposition on this subject matter, below are a few of hundreds of events in my political archives.
I) The popular area boys and agberos who are the menace in Lagos today are part of the political structure of Lagos.
II) Opposition supporters in Rivers state are always being attacked and harassed, also in several states since 1999.
III) The Bakassi boys in South-east were used by the politicians to commit crimes and killing of innocent citizens especially in Anambra.
IV) In Ogun State, thugs and higher institution tyrants were empowered by the successors of Governor Olusegun Osoba to carry out atrocities and also attack the opposition.
V) Some Governors were accused of aiding Niger Delta Militants, also a militant that was accused of attacking military personnel was made the head of a state vigilante group.
VI) A governor in Lagos deported some Nigerians to their various states calling them menace in the state.
VII) A former governor announced that non-indigenes should be registered before they can stay in Imo State.
VIII) A former governor of Kogi state was accused of intolerance, intimidation, and executive highhandedness in the state.
IX) Some governors in the southeast were accused of aiding unknown gunmen or creating UGM impersonators to perpetrate crimes.
X) A former governor failed to be screened for a ministerial position at the National Assembly because of incitement and religious intolerance during his reign as a governor.
XI) A governor recently acknowledged that there is a convergence of Fulani Herders and bandits in his state from all over the world, he said he doesn’t want them to go, and the military should not attack them despite killing some soldiers, he said the F.G should negotiate with them.
I have lived 70% of the last 15 years of my life in Ikoyi and I can tell you that Nigerian Public officers and some of our elites are cruel and wicked, even with the state powers. They don’t see the poor as humans, they live the life of colonial masters. If this democracy will work, the yearning, aspirations, and pains of the ordinary citizens must be considered because they are at the receiving end of our political shenanigans.
In a Country that is supposed to be a secular State and fair, if some governors can destroy people’s businesses and properties because of religious doctrine, and COVID-19 lockdown violation, what will happen if such governors have the paraphernalia of state powers to command the police? The word of Lord Acton “Power tends to corrupt, Absolute Power Corrupts Absolutely” It would be a disaster to give such power to our political elite with temperament problems.
In this situation, state police will cause more havoc than to solve security problems because of our aggressive behavior and abuse of power. The governor must not control the state police, we need a structure that guarantees public safety and confidence in the system, not allowing a yet to emerge vagabond with no moral standard to manage this very important aspect of our life.
This note represents the yearning of the people and concerns of intelligent Nigerians who are aware of the acts and bounds of our political leaders. Establishing state police has to conform to certain principles that are aligned with acceptable best practices.
Do we need state policing? the answer is yes! Then how do we go about it? That’s where we need consultation and brainstorming because if we pursue the approval of state policing without considering some factors, we’ll find ourselves to blame.
What we need to consider before approving state policing
i) The organizational structure
ii) Funding
iii) Training
iv) Operational structure
v) Control
If we are unable to fashion out the above factors before the approval of state police, we are in for a great trouble which might lead to a magnitude of social disorder. Meanwhile, some governors will be critical of the state policing because they perceived that there will be no room for embezzlement rather an avenue for public accountability.
Below are some principles or guidance in the creation of state policing
I) Three Basis of Policing
a) Intelligent gathering
b) Investigation
c) Prosecution
II) State Security Parameters
a) Job creation
b) Service delivery
c) Income generation
III) Operational Objectives
a) Functions i.e prevention of crime, crime control, maintaining law and order, prosecution
b) Multiplicity of function i.e maintaining law and order, implementation of public policy, social welfare management
c) Operational boundaries i.e state crime and the federal crimes
IV) Organizational Structure
a) Nomenclature
b) Operations
c) Training
d) Recruitment process
e) Office/Accommodation
f) Salary, remuneration, and insurance
V) Barriers
a) Political interference
b) Indiscipline
c) Poor funding
d) Poor equipment
e) Poor training
f) Poor remuneration
VI) Implications
a) Financial burden: it will increase government spending
b) Judicial burden: it will create a bottleneck for the judicial system, special and mobile courts might be needed for lighter offenses.
c) Prosecution/conviction challenges: It will congest police cells or prisons where private prisons might be required.
According to John Locke, state power is the power of the people not the power of the government or political class. The people ceded part of their power to the state through contracts, and to fight dictatorships, separation of powers had to be implemented in all spheres of social life. Locke divided powers into legislative, executive and federative powers and people have a greater role in managing their affairs according to Locke's concept.
It’s a fact that policing is about the people, it’s an act of public service, not political service, so therefore, public service is about service delivery and managing the affairs of people. Establishing state policing should exclude the state power brokers, the state governor shouldn’t have absolute control and shouldn’t appoint police executives. The state government shouldn’t be the primary source of funding and shouldn’t oversee its all operations, or appoint the state police board and department except for the state legislative functions.
There has been discussion on the increment of the minimum wage which is currently at #30,000 Naira which some state governors are unable to pay. Adding state police funding into the current budget of the state governors is inimical to the objective of state policing and a prelude to failure. It will be to the detriment of the employees and the public as a result of inadequate funding, it will result in poor service delivery, bribery and corruption, indiscipline among the officers, and increase crime.
The way forward
1) The National Assembly should pass into law and constitute the State Police Commission that will oversee the establishment and operations of state police boards and call them to order in case of suspected overbearing or influence from political powers.
2) The State House of Assembly should inaugurate the State Police Committee which will include members of the National Judiciary Commission (state office), Nigerian Bar Association (state office), Corporate Organization Executives (state office), State Elders’ Council representing each L.G, Retired Chief Judge in the state, Retired Police and Military Chiefs in the state and others.
3) The State Police Committee shall inaugurate the State Police Board (The operational head of the police department) which will include the appointment of security experts in the state and some senior officers of the state police department. The state police board will choose one of them by vote as the state police chief ratified by the state police committee.
4) The state police chief will not be answerable to the governor or any political officer and can be removed by the board upon misconduct without the governor’s permission.
5) The state police board will meet regularly to discuss the progress of the organization and meet with the governor and the state assembly executives on the progress and security issues in the state. They shall communicate their plans, progress, and updates with the state executives and the state police committee. They shall present their budget to the state police executives for approval and funding.
6) The state police funds should primarily come from the security votes and the public through the cash-collect medium, corporate organizations, international agencies, and civil society organizations (through training and equipment).
The state police department should be able to generate funds for its operation, states with high populations like Lagos, Kano, and Port Harcourt will be of great advantage, these three states can be used as pilot tests. This will enable the state police board to deploy I.C.T into our policing and have a presence in all communities across the state, have access control of the residents, and carry out profiling of potential criminals in the community. This will enable proper monitoring of potential threats, control migration, carry out background checks, keep crime records and swiftly respond to security alerts, effective community data management system, enhance urban control policy, support social infrastructural policy, and so on. If properly established and managed, state policing might be the best thing that has ever happened to us.
I therefore hope that the aforementioned will be put into consideration
Thorpe Bello
