The Network on Police Reform in Nigeria has expressed its opposition to the continued appointment of retired Inspectors General of Police as Chairmen of the Police Service Commission.
The group expressed its opposition to the appointment in a letter to the Senate.
The letter, dated July 4, 2018, was signed by Okechukwu Nwanguma, its National Coordinator.
It will be recalled that President Muhammadu Buhari recently approved the appointment of former IGP, Alhaji Musiliu Smith, as the Chairman of the PSC.
Smith is to replace another retired IGP, Sir Mike Mbam Okiro, who completed his tenure on Monday.
The letter by NOPRIN reads in full:
June 14, 2018
The Senate President
Senate of the Federal Republic of Nigeria
National Assembly
Three Arms Zone
FCT, Abuja
Dear Senate President,
WHY THE NIGERIAN GOVERNMENT CANNOT CONTINUE WITH THE ANOMALY OF APPOINTING RETIRED INSPECTORS-GENERAL OF POLICE TO HEAD EXTERNAL CIVILIAN OVERSIGHT OF THE NIGERIA POLICE FORCE AS CHAIRMAN OF POLICE SERVICE COMMISSION (PSC):
NETWORK ON POLICE REFORM IN NIGERIA (NOPRIN) CALLS ON THE SENATE TO DECLINE CONFIRMATION OF ANY RETIRED SENIOR POLICE OFFICER AS CHAIRMAN OF THE POLICE SERVICE COMMISSION AND TO COMMENCE THE AMENDMENT OF THE ACT ESTABLISHING THE COMMISSION.
You will recall that President Muhammadu Buhari through a letter addressed to you and which you read on the floor of the Senate during the Senate’s plenary on May 24, 2018, had sent a list to the Senate seeking the Senate’s confirmation of Mr. Musliu Smith, former Inspector General of Police (IGP) who served between May 29, 1999 and March 2002 as Chairman of the Police Service Commission (PSC). Mr. Smith was one of seven listed for appointment into a reconstituted Commission. President Buhari also nominated others as commissioners as representatives of various interest including the civil society and of the media.
Network on Police Reform in Nigeria (NOPRIN), a coalition of 49 civil society organizations spread across Nigeria and committed to promoting police accountability and respect for human rights and the enhancement of safety, security and justice, is concerned about the nomination by the President of yet another retired senior police officer to replace Mr. Mike Okiro, a former Inspector-General of Police, as head of the PSC. Since 2006, the Federal Government of Nigeria through the President has appointed retired senior police officers as Chairman of the PSC. This practice negates the principle of civilian oversight of the police which is the principle behind the establishment of the Police Service Commission.
The Police Service Commission as established under Section 153(1) (m) 1999 Constitution of the Federal Republic of Nigeria is a novel civilian oversight body. The membership of the Board is drawn from strategic stakeholders who engage or benefit from police services. These stakeholders were highlighted in Section 2(1) of the Act as follows:
(a) a Chairman who shall be the Chief Executive of the Commission;
(b) a retired Justice of the Supreme Court or Court of Appeal;
(c) a retired Police Officer not below the rank of Commissioner of Police;
(d) one representative each of
(i) women interest;
(ii) the Nigerian Press;
(iii) Non-Governmental human rights organisations in Nigeria;
(iv) organized Private Sector;
(v) the Secretary to the Commission
NOPRIN wishes to convey our substantial objection to the confirmation of Mr. Smith. The appointment of Mr Smith or any other senior police officer as Chairman of the Commission will continue to give the police undue advantage over other stakeholders represented on the Board because it would mean the police have two slots. This negates the overriding goal of institutional independence, effectiveness and credibility of the PSC.
To be clear, we wish to state that we have nothing against the person of Mr Smith. We are simply concerned about the principles we have outlined above.
NOPRIN therefore, hereby calls on the Senate to decline the confirmation of yet another retired senior police officer to Head the PSC.
NOPRIN urges the Senate to recognise and act in accordance with the imperative of strengthening the commission and securing its independence to effectively discharge its oversight functions of ensuring accountability within the police. The Senate should reject Smith’s or any other retired senior police officers’ nomination as Chairman of the PSC.
We would also like to emphasise that the hallmarks of democracy include participation and inclusiveness in consultation and implementation of government policies and related matters including appointments. Appointment to the Board of the Police Service Commission should not be based on affiliation to political camps and/or parties. We wish to respectfully state that interest groups / stakeholders represented on the Board of the Commission ought to be consulted before such appointments are made. This affords the stakeholder/interest group ensure that the representative is genuinely representing their interests and issues are being addressed within the Commission. The representatives should see themselves as being accountable to their stakeholder / interest group and not solely to the person of the President.
Finally, we wish to raise the importance of the appointment of an Executive Secretary with a secured term of office for the Commission. From 2002 till date since the Commission became operational it has had about 15 Permanent Secretaries. This means the Commission has new Permanent Secretaries every year – no organisation can grow with a high turnover at the core operational level.
We hereby demand that based on the foregoing grounds, the Senate should decline confirmation of Mr. Musliu Smith or any other retired senior police officer as Chairman of the Commission. Secondly the Senate is hereby called upon to commence the process of reviewing and amending the Police Service Commission Act with a view to, among other things, appointing a substantive Executive Secretary with secured term of office to the Commission.
We would be available for a meeting to further discuss these issues with your esteemed self.
Respectfully,
Okechukwu Nwanguma
National Coordinator.
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