President Muhammadu Buhari should put an end to the needless power struggle between the Police Service Commission and the Inspector General of Police in the interest of national security.
The Joint Union Congress of the Police Service Commission had recently declared an indefinite strike that was to take effect from Monday, August 29, 2022.
The notice for the strike was given amidst disagreement between workers of the commission, Musiliu Smith, the Chairman of the commission, and the Inspector General of Police, Usman Baba, on which body should be responsible for the recruitment, promotion, and appointment of constables and officers.
It was a continuation of the power tussle that has for the past five years pitched the PSC against the office of the IGP.
The Labour Union of the PSC has also threatened to go to court to file contempt charges against the Nigeria Police Force over the recruitment of its officers.
According to the Union, the IGP is flouting the Court of Appeal judgement of September 2020 which restrained his office and through other means, from appointing, promoting, disciplining or dismissing officers or aspiring officers.
The Union recalled that Justice Peter Olabisi Ige had issued the restraining order on the NPF on September 30, 2020.
Justice Ige had based his judgement on “the combined provisions of Section 153 subsection (1)(m), Section 153 subsection (2) and Section 215 subsection (1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and paragraph 30 part 1 of the Third Schedule to the Constitution as well as Sections 6 and 24 of the Police Service Commission (Establishment) Act.”
The judge had concluded that “the Police Service Commission is the sole statutory body exclusively empowered and responsible for the appointment, promotion, dismissal and exercise of disciplinary control over persons holding or aspiring to hold offices in the Nigeria Police Force except for the appointment of the Inspector -General of Police.”
His Lordship further declared that “any act or attempt by the Defendants in appointing, recruiting and/or shortlisting for the appointment, person’s aspiring to hold any office in the Nigeria Police Force except the office of the Inspector-General of Police amounts to unlawful and unjustified usurpation of the exclusive constitutional and statutory functions and powers of the Plaintiff and accordingly null and void and of no effect whatsoever.”
The court thereafter issued an order of perpetual injunction restraining the Defendants, jointly and severally, by themselves or through officers, agents or representatives or through any other body or appointee of the Federal Government of Nigeria from further exercising or purporting to exercise the powers to appoint, promote, dismiss or in any manner howsoever exercise disciplinary control over persons holding or aspiring to hold any office in the Nigeria Police Force other than the office of the Inspector-General of Police.
“The PSC, according to the law, “shall not be subject to the direction, control or supervision of any other authority or person in the performance of its functions other than as is prescribed in this Act”
In the light of the recent contemptuous treatment of the above judgement by the office of the Inspector-General of Police, the Union is threatening to proceed to court to commence contempt proceedings against the Nigeria Police for its treatment of the above judgement with contempt.
We recall that in 2019, the National Industrial Court denounced the recruitment list of constables released by the police, describing it as an act of Illegality. But the IGP ignored the court order. His successor has continued to toe the same line as friction continues at a period when we need a synergy of a positive mix of ideas between the IGP office and the PSC to tackle insecurity in the country.
Ordinarily, the PSC is in the same line of order and authority as the Federal Civil Service Commission, Federal Judicial Council, and the National Assembly Service Commission.
Basically, they have similar constitutional powers and duties in the areas of welfare, recruitment, discipline, and promotion of all categories of staff. Going by the PSC establishment amendment act of 2001, some of the basic duties include, but not limited to, being responsible for the appointment and promotion of persons and functions to offices (other than the office of the IGP) and exercise disciplinary control over persons (other than the IGP).
The commission is also expected to formulate policies and guidelines for the appointment, promotion, discipline, and dismissal of police officers; identify factors inhibiting or undermining discipline in the Force; and implement policies aimed at efficiency and discipline. It is also empowered to perform such other functions which in the opinion of the commission may be required to ensure the optimal efficiency of the Police Force.
The PSC, according to the law, “shall not be subject to the direction, control or supervision of any other authority or person in the performance of its functions other than as is prescribed in this Act.”
What the foregoing suggests is that the powers to recruit, discipline and promote all cadres of officers of the police, except the IGP, reside with the PSC.
It is on the strength of these constitutional powers being allegedly infringed upon by the IGP that the PSC has been fighting in the public space. That the presidency has not deemed it fit to intervene by calling the parties to order has only compounded the problem.
Police typically are responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities. These functions make it difficult for the institution to whimsically disobey the law as the IGP has done.
As chairman of the Police Council, President Muhammadu Buhari should intervene in this despicable act that has gone on for years. He must call the IGP to order on the need to avoid self-help.
President Buhari should urgently put an end to the needless bickering between the PSC and the IGP in the interest of our national security.
