You Have No Powers Over Recruitment in the Police

The fight over who has the constitutional powers to recruit personnel into the Nigerian police force is getting messier as the Police Service Commission(PSC), has made it clear to the Inspector General of Police(IGP), Alkali Baba, to hands off all recruitment matters.

The commission maintained that it is the only legal body charged with the responsibilities of recruitment into all the three entry points in the Nigeria Police Force namely Constable, Cadet Inspector and Cadet Assistant Superintendents of Police.

PSC Head of press and information Ikechukwu Ani, who made this known, said the Commission have continued to work to protect its Constitutional mandate especially the dispute between the Commission and the Nigeria Police Force over who has the power of recruitment.

Ani, in a statement, said the PSC recruitment portal which opened on August, 15, 2022 is still running with over 60,000 applications so far received.

He said the portal would close on September, 26, and called on Interested Nigerians to avail themselves of this opportunity to pursue a career in the Nigeria Police Force.

The PSC, spokesman in a statement, while noting that the Commission has no intention to abdicate its constitutional mandate to recruit Nigerians into the Police Force, said the Plenary will also consider promotion examinations for Police Officers in line with the provisions of the Public Service Rules and to ensure that merit is entrenched in the conduct of Police promotions.

He said the Commission will continue to work to improve the overall performance in the Nigeria Police and will also continue to provide the necessary platform for collaboration between the two Agencies of government.

Ani statement made available to Daily Sun reads; “The Police Service Commission wishes to state that the Chairman and the Management of the Commission have continued to work to protect the Constitutional mandate of the Commission especially as regards the dispute between the Commission and the Nigeria Police Force over who has the power of recruitment.
Thus, the following Attorney- Generals of the Federation and Ministers of Justices have offered varied opinions on it :

– Bayo Ojo 29th March, 2007.

– Mohammed Bello Adoke August, 2010,

– Abubakar Malami September, 2019.

The present Management came on board in July 2018 to inherit the problem, and sought for interpretation of the powers and functions of the Commission as stated in the 1999 Nigeria Constitution, Nigeria Police Act, Police Service Commission (Establishment) Act 2001.

The Commission is one of the Federal Executive Bodies captured in Section 153 (1) of the 1999 Constitution of the Federal Republic of Nigeria as amended;

Paragraph 29 and 30 of the third Schedule of the Constitution states that;

The Commission shall have power to –

(a) appoint persons to offices (other than office of the Inspection-General of Police) in the Nigeria Police Force; and

(b) dismiss and exercise disciplinary control over persons holding any office referred to in sub-paragraph (a) of this paragraph.

Also Section 6 of the Police Service Commission (ESTABLISHMENT) ACT, 2001 provides as follows;

(1) The Commission shall-

(a) Be responsible for the appointment and promotion of persons to offices (other than the office of the Inspector-General of Police) in Nigeria Police force:

(b) Dismiss and exercise disciplinary control over persons (other than the Inspector-General of Police) in the Nigerian Police Force;

(2) The Commission shall not be subject to the direction, control or supervision of any other authority or person in performance of its functions other than as is prescribed in this Act.

This is also captured in Section 14 of the Nigeria Police Act, 2020;

The Commission has power to appoint such other persons to offices in the Police Force as are required for the effective and efficient performance of functions of the Police Force on such terms and conditions as maybe prescribed by the Commission.

Section 2; PSR 020201 Provides thus;

“Recruitment” means the filling of vacancies by the appointment of persons not already in the Public Service of the Federal Republic of Nigeria. It however, excludes the transfer of officers from other Public Service in the Federal to the Federal Public Service.

This cumulated in the interpretation by the Court of Appeal in Appeal No. CA/ A/84/2020 making the following pronouncements-

i. A declaration that by the combined provisions of Section 153 (1)(m), Section 153 (2) and Section 215 (1) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and paragraph 30 part 1 of the Third Schedule of the Constitution as well as Section 6 and 24 of the Police Service Commission (Establishment) Act. 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 the Inspector-General of Police.
ii. A DECLARATION that by virtue of Section 153 (1)(m), Section 153 (2) and Section 215 (1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and paragraph 30 part 1 of the Third Schedule of the Constitution as well as Section 6 and 24 of the Police Service Commission (Establishment) Act, the Nigeria Police Force or the Inspector- General of Police or any other body or appointee of the Federal Government of Nigeria other than the Police Service Commission cannot exercise any power to appoint, promote, dismiss or exercise disciplinary control over persons holding or aspiring to hold offices in the Nigeria Police Force except the Inspector-General of Police.

iii. A DELCRATION that by virtue of Section 1 (3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) any piece of legislation or instrument relied upon by the Defendants (including but not limited to the Police Act and the Police Regulations) in exercising or purporting to exercise the powers to appoint, promote, dismiss or discipline persons holding or aspiring to hold offices in the Nigeria Police Force, being inconsistent with the provisions of the Constitution particularly Section 153 (1)(m), Section 153 (2) and Section 215 (1)(b) of the 1999 Constitution of the Federal Republic of Nigeria as amended and paragraph 30 part 1 of the Third Schedule of the Constitution, is invalid, null and void and of no effect whatsoever.

iv. A DECLARATION that any act or attempt by the Defendants in appointing, recruitment and/or shortlist for the appointment, of persons aspiring to hold 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.

v. AN ORDER nullifying any act or attempt by the Defendants whether acting jointly or severally in appointing and purporting to appoint any person into the 1st Defendant whether by means of enlistment, shortlisting, recognition, recruitment, or in any other manner howsoever, such act or attempt being ultra vires the functions and powers of the Defendants.

vi. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants, jointly and severally, by themselves or through officers, agents or representatives or through any other 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 Inspector-General of Police.

vii. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants, jointly and severally from interfering or further interfering in any manner howsoever with the Plaintiff’s discharge of its constitutional and statutory functions in respect of the appointment, promotion, dismissal or exercise of disciplinary control over persons holding or aspiring to hold offices in the Nigeria Police Force other than Inspector-General of Police”.

It is important to further state that the cost for the above action was funded by the Chairman, and Management of the Commission in their pursuit to protect the provision of the 1999 Constitution and to find a lasting solution to the matter.

The above narration is needed for the public to correct the impression that the Management failed or neglected to resolve the matter.

The Commission is the only legal body charged with the responsibilities of recruitment into all the three entry points in the Nigeria Police Force, Constable, Cadet Inspector and Cadet Assistant Superintendents of Police.

The Commission wishes to state that its recruitment portal which opened on Monday 15th August, 2022 is still running with over 60,000 applications already received. The portal will close on the 26th of September 2022. Interested Nigerians should continue to avail themselves of this opportunity to pursue a career in the Nigeria Police Force.

The Commission has no intention to abdicate its constitutional mandate to recruit Nigerians into the Police Force.
The Plenary will also consider promotion examinations for Police Officers in line with the provisions of the Public Service Rules and to ensure that merit is entrenched in the conduct of Police promotions.
The Commission will continue to work to improve the overall performance in the Nigeria Police and will also continue to provide the necessary platform for collaboration between the two Agencies of government.