By Adewole Kehinde
As a reporter covering the
activities of the Nigeria Police, I have been following the power tussle
between the Nigeria Police and the Police Service Commission especially issues
related to promotions and the demotion of Police personnel since the assumption
into office by the new Chairman of the Police Service Commission (PSC), Musiliu
Smith.
The demotion issues has been in
the media due to petitions received from those who were not promoted and some
that claimed they paid but were not promoted; whoever they pay is yet to be
known.
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.
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.
One thing the Chairman, Police
Service Commission, Musiliu Smith should know is that the Inspector General of
Police as the administrative head of the Nigeria Police, is in a best position
to determine the gallantry ability of all Police personnel and recommend them
for promotion and disciplinary actions where necessary while the Police Service
Commission is there to complimentary the IGP’s decisions in the best interest
of the country security apparatus.
I think the PSC Chairman, Musiliu
Smith need to be properly guided by PSC legal team as the below extract from
his letter to the Inspector General of Police is backing the special promotion
he is working on demoting;
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
Like I have said earlier, it is
under the power of the Inspector General of Police to proposed recommendations
for Special promotion since he works with the personnel as administrative head,
he knew their working capacity and they must have contributed to his widely
accepted performance in the past three years in office.
Notwithstanding the above
analysis, the Police Service Commission can promote any deserving officer on
special grounds with the consultation of the Inspector General of Police.
The Police Service Commission
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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