AMAECHI/MBA FACE OFF: WHO IS THE CERTIFIED GUARD OF SECURITY IN A STATE???

The conflict between Governor Rotimi Amaechi and the Rivers State Commissioner of Police, Joseph Mbu, rekindles the persistent controversy over the constitutional relationship between governors and Commissioners of Police. The actions,inactions and role played by Security Agencies in the july 9 2013 Rivers State House of Assembly crisis clearly shows how biased and politicized the Rivers State Police Command is. WHEN Governor Rotimi Amaechi of Rivers State dared the state commissioner of Police, Mr. Joseph Mbu, to shoot him on Tuesday 18th june 2013, he inevitably rekindled memories of the famous face-off between Governor Jim Nwobodo and Police Commissioner Bishop Eyitene in the Second Republic.Eyitene as commissioner of police in the old Anambra State wielded unprecedented powers that he won to himself the nickname ‘Head of State.’ It was not for nothing. The motorcade of the police commissioner in sophistication and style overwhelmed that of the governor. The security around both his residence and office according to some reports made the governor’s entourage look like that of a local government chairman. Remarkably, Commissioner Eyitene did not make any pretence of it.Indeed, the story is told of how during a quiz competition between two secondary schools in the state when the question was asked “Who is the Head of State,” and most of the students replied, Mr. Eyitene. And thus, the nickname Head of State stuck to the commissioner. As the principal security agent of the National Party of Nigeria, NPN controlled Federal Government to Anambra State, Eyitene became something of an albatross around the Nigerian Peoples Party, NPP that controlled Anambra State at that time.He was repeatedly accused by the NPP and the state administration of backing the NPN and her principal officers in the state such as Chief Christian Onoh and Ikemba Nnewi, Emeka Odumegwu-Ojukwu who was to turn into his son-law in due season.On at least 12 occasions, Eyitene was summoned to appear before the state high court presided over by Justice Okadigbo on sundry issues and on the 12 occasions, Eyitene declined. That was despite the massive publicity that the state controlled media gave to the summons on the police commissioner.

The Nigerian 1999 Constitution places the task of policing the entire country on the shoulders of the federal government. The operation, control, discipline and promotion of the police force are under the powers of the federal government of Nigeria. Section 214 of that Constitution provides that the Nigerian Police Force shall be under the full and exclusive control of the federal government.The situation where a state governor is the chief security officer of his state only in words and not indeed, leaves much to be desired. Section 215 of the 1999 constitution, sub section (2) states inter alia that ‘’the Nigeria police command shall be under the command of the Inspector General of Police and any contingents of the Nigeria Police Force stationed in state shall, subject to the authority of the Inspector General of Police be under the command of the commissioner of that state”.
Sub section 4 of the same section further diluted the power of the state governor over the commissioner of police in his state. While the section allows the governor of a state to give lawful directives to the commissioner of police in his state for the maintenance of law and order, it whittled it down with this caveat, ”provided that before caring out any such directions the commissioner of police may request that the matter be referred to the President or such Minister of the government of the federation as may be authorized in that behalf by the President for his directions”. And sub section 5 of the same section provides an ouster clause that “) The question whether any, and if so what, directions have been given under this section shall not be inquired into in any court.”
This provision is absurd and does not accord with the urgency and nature of security matters in a country such as ours. What it means is that a police commissioner in any state can vehemently say no to directives from his host governor. He has the backing of the constitution. Meanwhile, Nigerians continue to suffer and live under worsening security situation in the country.

AS events unfolds in Rivers state do you think the provisions of SEC 215(4)(5) is most appropriate for a country like Nigeria?. The Constitution is said to be the Fundamental Law of the land, and the purport of the Law is to do justice,equity and fairness in all ramification, now the issue of creation of State Police has to come in here, because I am looking at this Amaechi/Mba Face off from two different perception 1.the fact that the State police is under the finger tips of the Presidency and as we all know "he who pays the piper dictates the tune" 2. the Fact that the governor is "meant" to be the Chief security officer of his state.

I am an advocate of creation of State police, but in all fairness the events in Rivers state is gradually changing my stand already. I know that Nigeria has once walked through the road of State policing under the 1953 Constitution but ended up in complete failure Then the police were under regional governments, but they were grossly abused by politicians. Therefore, there is a clear indication that if we return to this system, this crop of politicians will also abuse it. One may be quick to argue that the role of the police under the present dispensation is being abused by the federal government, that it is used against the opposition. This argument can best be answered by looking at two agencies - the Independent National Electoral Commission (INEC) and the State Independent Electoral Commission (SIEC). An amendment made to the Electoral Act created SIEC which conducts elections into local governments which had previously been handled by INEC. Since its creation, no state in Nigeria has boasted of two chairmen from opposition parties. SIEC declares the ruling party in the state as the winners of all the contested seats in local government elections.

Indirectly the Nigerian Constitution has given errant Mba enough back up to question the orders of Amaechi, but should thimgs continue like this?? what is the purport of the "grundnorm" if the security and order of a state cannot be statutorily guarded by the chief security officer of that state?? WHAT AN IRONY!!!
MAY GOD'S WILL BE DONE

ANIFOWOSHE TITILOPE TAWAKKALT, 300l Law student University of Ilorin.
ff @classicaltiti