By Adewole Kehinde
I have been following the promotions and the demotion cases of the
Nigeria Police since the assumption into office by the new Chairman of the
Police Service Commission (PSC), Musiliu Smith.
Some online media reported that the decision to demote promoted
officers was due to petitions received from those who were not promoted and
some that paid but were not promoted.
I remembered vividly that the Inspector General of Police, IGP
Ibrahim Idris addressed a letter to the Chairman of the Police Service
Commission (PSC), Musiliu Smith, urging him to make a remedy on integral
laid down procedure in attempt to reverse some promotions made by the immediate
past PSC Chairman, Mike Okiro.
I understand that the Nigerian Police Force currently have a
staff strength of about 371,800, with plans for yearly increase by 31,000 for
the next five years to attain 650,000 staff strength.
The idea is a good decision in the right direction, therefore in
order to attain such targets, those already in the service need to be
promoted as at when due and to pave ways for new ones to come in.
It will be recalled that on April 19, 2018, the Police Service
Commission said it approved the special promotion of 45 Police Officers for
gallantry. The PSC approved the promotion of 13 others who played major roles
in the arrest of Chukwudumuje Onwuamadike a.k.a Evans, a notorious kidnapper,
and 21 members of his gang.
The commission said it took the decision at its 27th Plenary
Meeting in Abuja as the promotion and acting appointments were based on the
superlative performance of the officers in the arrest of the deadly gang who
terrorized Nigerians.
Despite the significant promotions of men and officers of the
Nigeria Police by the immediate past Police Service Commission, it is still a
far cry considering the large number in the Force put about 360,000.
The response of the Chairman, Police Service Commission, Musiliu
Smith to the IGP’s appeal surely support the promotion of the affected
Policemen.
Below are part of the defence of Musiliu Smith;
The following revised conditions must therefore be put in place
before any officer could be qualify for special promotion:
1. That the benefitting officer must have spent at least two years
on his substantive rank
2. That the Officer must not have been beneficiary of special
promotion in the last three years;
3. That reasons for special promotion must be clearly stated and
evidence of such superlative performance open to scrutiny.
4. Special promotion may be proposed by a recommendation of the
Inspector General of Police
5. Notwithstanding Number 1 to 4 above, the Police Service
Commission can promote any deserving officer on special grounds.
Majority if not all of the officer that benefitted from the
promotion have spent more than two years on their substantive rank.
Also my investigations revealed that the majority of the officers have never been beneficiary of special promotion in the last three years as the
reasons for special promotion have been clearly stated by the Inspector General
of Police.
It is under the power of the Inspector General of Police to
proposed recommendations for Special promotion since he works with the Officers
as administrative head, he knew their working capacity and they must have
contributed to his widely accepted performance in the past three years of
office.
Notwithstanding the above analysis, the Police Service Commission
can promote any deserving officer on special grounds which the Mike Okiro led
Commission did.
The panel headed by Justice Ogunbiyi to review previous promotions made
by Okiro-led PSC Board should rather look into promoting those who are yet to
be promoted as there is vacancy for such promotion in the Nigeria Police Force.
The Police Service Commission should know that since only those
who hire can fire, recruitment, promotion and disciplining of the Police
officers are within joint prerogative powers of the Commission and Inspector
General of Police offices. None of the two offices can suo moto or
single-handedly carry out any of the exercise without being a nullity.
It will also be recalled that the IGP has stated in his letter to
the PSC Chairman that the office of the IGP is a creation of law and by virtue
of Section 215 the 1999 Constitution (as amended) which endows it with
responsibility of the command and control of the police force.
Besides, IGP said Section 6 of the Police Act and Section 309 of
the Nigeria Police Regulation states also lay credence to the provision of the
1999 Constitution.
“Implied in the above is that the IGP is the Grand Commander of
the Operations of the Nigeria Police Force and therefore has the power and
capacity to know the ability of the officers and access them to determine their
suitability for operations and promotions in the Force.
“The principles guiding promotions and on the basis of which the
Inspector General of Police can access his officers are spelt out in Section
149 of the Police Regulation’’.
He said Section 149 of the Police Regulation listed three criteria
for assessing officers for promotion and of all the three, Seniority in Rank is
the least factor for consideration.
“The drafters of the Act understand that if seniority is made
important in the consideration for advancement and promotion in the Force,
Officers will merely lazy about and expect to be promoted on the basis of
seniority without more.
“Section 165 of the Police Regulation which states that
“Seniority, unless combined with merit, efficiency and undoubted suitability
for promotion shall not constitute a claim for promotion” is in conformity with
the intendment of Section 149 of the Act.
“The Power of promotion by the PSC is usually exercisable based on
recommendation by the IGP on the general principles guiding promotion which are
enumerated in section 149 and 165 of the Police Regulation.
“These principles are based on Fitness, knowledge of the duties of
the appointment, general capability, training, experience, efficiency,
intelligence, zeal and good displayed in the performance of the duties.
‘’Seniority in Rank ordinarily should not constitute a claim to promotion
except it is combined with merit, efficiency and suitability.
Once the PSC duly constituted considers and approves the
recommendation of the IGP and issue letters of promotion, the officers are
officially informed of their promotion, decorated and posted in line with the
new rank.
The only way, an officer promoted by a duly constituted PSC in
plenary can again be demoted by the same Commission is on the exercise of the
Commission’s power of discipline. To discipline an officer in the Police Force,
such an officer must be queried and given time within which to defend himself
in writing.
The Inspector General of Police is in charge of Operations. He
knows his men so recommendations come from him to the Police Service Commission
for Promotions. It is not the duty of the Commission to pick individuals for
promotion or for disciplinary action.
Adewole Kehinde is a Journalist
and Public Affairs Analyst based in Abuja. kennyadewole@gmail.com
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