The House of Representatives will in the next 30 days, work with the Nigeria Bar Association (NBA), Civil Society, and Nigerians of good conscience to draft new legislation that establishes a system of independent accountability of the Nigeria Police Force.
Speaker of the House of Representatives, Femi Gbajabiamila stated this in his address to members at the resumed plenary on Wednesday in response to activities of the operatives of the Special Anti-Robbery Squad (SARS) involved in the recent killings of innocent Nigerians across the country.
Gbajabiamila explained that the new law is aimed at holding erring members of the Police Force to account for their conduct in the performance of their duties and imposing civil and criminal liability for violations of the Police Code.
The new legislation, Gbajabiamila said would also compel the Nigerian Police Force (NPF) to take responsibility for the failures of training and discipline that leads to such violations.
He noted that: “The constitution of the Federal Republic of Nigeria in Section 215(5) states that “The question whether any and if so what, directions have been given (to the Police) under this section shall not be inquired into in any court”. This provision presents a singularly obstinate obstacle to any system of effective judicial review of policing in Nigeria. Therefore, any reforms of the operations of the Nigeria Police Force (NPF) must include a constitutional amendment to expunge this painfully undemocratic clause from our country’s constitution.
“Substantive and wholesale reform of policing institutions is never an easy undertaking. From Europe to America, and across Africa, we have seen such efforts begin and falter. Police reforms succeed when such reforms have the support of the citizens who are determined to see the process through to a rewarding end, regardless of whatever obstacles might exist along the way.
“This House of Representatives will act to ensure that those agents of the State to whom we have assigned the duty to protect and serve, are deserving of the faith and respect of the Nigerian people. I ask for the support of all Nigerians as we begin this endeavour. Let us work together to achieve the vision of a nation where the citizens trust the police to always act in the public’s best interest by respecting the rights of citizens and following the due process of law”.
Meanwhile, the House adopted a motion of urgent public importance on: “The Need to Put a Stop to the Human Rights Abuses by SARS, sponsored by the Majority Leader Alhassan Ado-Doguwa and 350 others, demanding the Inspector General of Police, Mohammed Adamu to take decisive action to stop the brutality and Human Rights Violation by SARS and report the said actions to the House within three weeks.
The House further requested the Police Chief to produce a comprehensive record of disciplinary and(or) Judicial action taken against the officers accused of abuse of power in the past five years and produce immediate plans for identifying and compensation for victims.
It also resolved to set up a Joint Committee of Justice, Human Rights, and Police Affairs to oversee these prayers and Conduct Public Hearing on the Human Rights Violation of Citizens by SARS and submit their report within 6 weeks for further legislative action.
The Green Chamber also agreed to take immediate steps to develop Legislative actions to: “Amend existing Laws and the constitution of the Federal Republic of Nigeria to excise Section 215(5) and replace it with provisions that ensure judicial review of Police actions is enshrined and protected by the constitution
“Establish a framework for holding individual members of the Nigeria Police Force (NPF) accountable for their conduct in the course of performance of their lawful duties, including criminal and civil liabilities; and allow the Nigeria Police Force (NPF) to bear civil liability for failures in their conduct and operational procedures that lead to violations of citizens’ rights”.
