Some Constitutional senior lawyers have put their weights behind the Police Service Commission (PSC) in its face-off with the Police Academy in Wudil, Kano State. The dispute is on the propriety or otherwise of an advertorial for application for admission into the 12th regular course degree programme of the Academy.
In the placement, the Academy had informed the general public that the online application for the purpose will open on July 28, and close on September 8.
Hardly had the Academy, made the announcement had the Commission issued a counter statement, declaring the action as null and void, adding that same was an “undisguised attempt to undermine” its constitutional mandate of appointment of police officers.
Among others, the commission had, in a statement through its spokesperson, Ikechukwu Ani, said: “The issue of Recruitment/Employment is not solely a Police Service Commission assignment but extends to all key stakeholders in order to avoid the issue of spoils system, cronyism, nepotism, corruption and other related vices.
“The Commission hereby notifies the general public to disregard the said advertisement as it is not aware and necessary stakeholders’ input was not sought or received. These stakeholders include the Ministry of Police Affairs, Federal Character Commission and the Nigeria Police Force, who were not consulted before the said release of the advertisement by the Nigeria Police Academy, Wudil”.
In separate interviews with Sunday Telegraph, two foremost constitutional lawyers, Chief Mike Ahamba (SAN), and Chief Solomon Akuma (SAN) – agreed with the PSC on its constitutional mandate of appointment, promotion, discipline, and dismissal of Police officers.
Both learned Silks relied on the relevant sections of the Constitution of the Federal Republic of Nigeria 1999 (as amended), as well as the judgement of the Supreme Court on an earlier dispute between the Commission, and the Force Headquarters.
In his submission, Ahamba underscored the need for authorities of government, and other relevant parties, to respect decisions of the Supreme Court, having regard to their finalities and binding effects.
His words: “Well, the Supreme Court has spoken, and that is final. You know, in Nigeria, we always like to operate in the breach.
“Now, Civil Service Commission employs civil servants. Why should the Police Service Commission not select policemen? There is a difference between political offices, and the service offices.
“If you look at the civil service, you find that, if a permanent secretary becomes the Head of Service while in service, and the person that appointed him moves out, he can revert to the civil service position he was; it’s there in the Constitution.
“So, I don’t see why the Supreme Court would make a decision and individuals are fighting. Now, what we have to consider is this: Is presence in a police service employment in the Police Force? That is the point that would have to be discussed.”
He continued: “Is training in the Police Academy taken to be recruitment of Police? Yes, if it is, then the Police Service Commission has to come. They can then authorise the Academy to assist them in doing it.
“But, it cannot be done without the Commission knowing. You see, when you even sue policemen in the court, sometimes if you don’t join Police Service Commission, you will not be able to recover your damages.
“So, let us stop making much ado out of nothing.
“The Supreme Court has spoken, and everybody should follow. That is the path of discipline.”
On his part, Akuma, who is former Attorney General (AG) of Abia State and Commissioner for Justice, said the power of the police commission to “employ” as an executive body, is clear and unambiguous.
He said: “If you look at the Constitution, that was the quarrel between Police Service Commission, and the former Inspector General of Police. There was a time they allowed them to employ 10,000 policemen. So, the IGP wanted to do that without going through the (Commission); it led to litigation…
“But, I know that the Constitution gave the Police Service Commission power to employ, and that is what they (PSC) are relying on. So, anybody coming into the Police…whoever is handling it, must do it with the consent of the Police Service Commission.
“So, if you are going to the Academy, and from that academy, it will be like you have been engaged in the Nigeria Police, that after the academy, you become a Staff of the Nigeria Police, the Police Service Commission must have a hand, and upper hand, in it.
“The issue is that people know the right thing but they don’t want to do it. The Constitution is there; they can’t claim ignorance. So, if you look at the Schedule…you will see Police Service Commission called Executive Body. They will state who constitutes it, who appoints them, and it will also state their functions. So, when you see it, you will now know whether anybody can do anything, when it gets to appointment and promotion. Because, somebody who appoints also promotes.”
In his estimation: “A cannot appoint, and now B will promote. That is why in recent time, you will be seeing Police Service Commission…Those people going to that place, unless they are just going to school and would not be employed in the Police, then the institution can employ students, train them, and then they will go. But, if they are to be employed in the Police as cadets, then the proper person will be the Police Service Commission; will employ them and now send them to the school (academy) for training”.
