Mixed Feelings Trail Proposal For State Police

Ijaw leaders, lawyers and other stakeholders, Friday, expressed mixed feelings over the possibility of establishing state police to tackle crime waves in the country.

A former President of the Ijaw National Council (INC), Prof. Kimse Okoko, said without factoring other ingredients of restructuring, establishing a state police would be an exercise in futility.

Okoko, the immediate past Pro-Chancellor, University of Uyo, insisted that the country was in need of a brand new constitution to accommodate all requirements for true federalism including the state police.

He said: “State police alone without changing the constitution is a waste of time. We cannot do it in piece meal. If we restructure, every state will has its own police side by side with the federal police as we have in other countries.

“We have the Federal police in the U.S. and the state police. They all have their own jurisdiction.  The state police can ask for assistance from the federal and invite them. They can come only on invitation.

“The constitution needs to be re-written. We need to have a new constitution where some of other aspects affiliated with the state will also be taken care of. Amending one part of it as the National Assembly is trying to do is not going solve the problem”.

Also the immediate past President, Ijaw Youth Council (IYC) Worldwide, Mr. Udengs Eradiri, said though the state police have their advantages, they should be part of the general clamour for restructuring.

Eradiri said: “In a true federal system, state police is one of the ingredients. Much as you cannot rule out politics, state police has its advantages. The state government can use the state police against perceived opposition. We have seen that the federal one is not working as it should be, I think it is time to try something different.

“But taking out the state police as one ingredients of federalism will not make it a success except other aspects of federalism that have been canvassed are also put into considerations. So, that when you are talking about state police, other issues of devolving power to the state and local government will also be put in place.

“Once all the machinery begin to play where the people begin to take ownership of the political situation in their environment, then the issue of checks and balances and control will begin to be paramount.

“Once there is effective checks and balances in the system, it will be difficult to abuse the state police. But within this system we are operating and arising from the conflicts we are experiencing, picking only the state police will not yield the desired fruit”.

In his submission, a prominent Yengoa-based lawyer, Mr. Somina Johnbull, said the country could borrow a lead from other developed countries such as South Africa, USA and Britain to effectively implement state and community policing.

“It is laudable that finally someone from the federal government has acknowledged state police to solve the incessant security problems that we have. We cannot do without state and community policing.

“Contrary to the requirement of one policeman to 400, our is a way beyond that and the complexities of our local environment make it necessary that the task of policing must be shared by all divisions of government.

“However, the fear of abuse will have to be addressed. How can this be addressed? It is by borrowing from the model of South Africa and other institutions like America and Britain where the issue of security has independence”, he said.

He said such independence must be in words and in deed adding that it should include financial autonomy.

To avoid conflict between the federal and the state police, he said there must be proper delineation of jurisdictions.

Johnbull, who is also the Secretary, Bayelsa State branch of the Nigeria Bar Association (NBA) said: “The independence of the state police is not just in name but also in deed. It works in financial independence and they are required only to obey the law as it is not under the direction of any political figure.

“The truth is that those opposed to state police are afraid that the state governors may bring their weight to bear and it might also lead to regular confrontation between federal police and the state police.

“First, there will be proper delineation of what state police can do areas they can enter and matters they have jurisdiction over. In the US, crimes in federal buildings are off limit for state police. There need to be proper delineation to minimise conflict.

“Just as in the judiciary, where you have federal and state courts, however, there is a central control authority which can regulate and make everybody fall in line. There should be similar authority that can regulate the activities of state police. They shouldn’t be solely loyal to their states; there should be some measure of control in a way that it should not be abused”.

Another famous lawyer and former Bayelsa State Chairman, NBA, Mr. Stanley Damabide, said the Federal Government must grapple with the task of amending the constitution before it could enthrone state policing.

“The first issue is the constitutional framework. Unless the constitution is amended we can’t have state police. The implication then is that the federal government cannot go it alone. It has to collaborate with all the state before it can effectively ensure the constitution is amended.

“It can work. More than two third of the state’s and their state executives will want state police. It gives them more powers. But we must brace up to meet possible abuses and see what we can do about them because he who pays the piper dictates the tune”.