Buhari has not approved state police, says Presidency

Mathew Dadiya, Abuja

President Muhammadu Buhari has not approved the formation of state or local government police structures, the Presidency said on Monday.

A statement signed by presidential spokesperson, Garba Shehu, said President Buhari on Monday rather received a report on the reform of the Special Anti-Robbery Squad (SARS).

It said the president requested that the report be studied and a white paper produced within three months.

”President Buhari’s specific directive is that a three-man panel is set up to produce the white paper.

”The report of the white paper committee will form the basis of the decisions of the government on the many recommendations, including the setting up of state and local government police made by the Ojukwu panel.

”Until a white paper is produced, it will be premature and pre-emptive to suggest that the recommendations contained in the report have been approved by the President in part or whole,” the release said.

Receiving the report, President Buhari also approved a recommendation by the National Human Rights Commission panel to sack 37 officers of the Special Anti-Robbery Squad (SARS) for alleged human rights abuse and extra judicial killings.

The Daily Times recalls that the committee was constituted as a result of public outcry and various media reports on allegations of human rights violations perpetrated by officers and men of SARS.

The panel which was constituted on the president’s directive also recommended the prosecution of 24 police officers.

Buhari said that reforming and repositioning the Nigeria Police Force to be more effective and efficient in safeguarding lives and properties, apprehending offenders and generally improving the internal security of the nation in line with its laws and international best practices has been one of the major policies of his administration.

However, he said in carrying out their statutory responsibilities, the Police must at all times act within the ambit of the law and must not violate the fundamental human rights of Nigerians whom they have sworn to protect.

According to the President, where the rights of Nigerians are violated by police officers while discharging their functions, the government has a responsibility to address the instances of violation in line with its human rights obligations and ensure that such police officers are held accountable for their actions.

“It is in recognition of our obligations under the Constitution of the Federal Republic of Nigeria and International Human Rights Laws, that this administration decided to set up this Presidential Panel and directed the National Human Rights Commission to constitute its membership in order to investigate the various public outcries and media reports alleging human rights violations against citizens by officers of SARS.

“In order to reposition the Nigeria Police Force to effectively carry out its statutory responsibilities, I have taken major steps by increasing the workforce of the Nigeria Police as well as improving the welfare of Police officers, because they put their lives on the front line on a daily basis so that the rest of us may freely go about our business in safety.

“The panel was empowered to make appropriate recommendations not just for holding Police Officers found wanting accountable, but also, on ways SARS and by extension, the Nigeria Police could be generally reformed.

“The decision directing the National Human Rights Commission to constitute the membership of the Panel and to take the lead in investigating the said allegations of human rights violation, was borne out of the mandate of the National Human Rights Commission which include the promotion, protection and enforcement of human rights in Nigeria as enshrined under sections 5 and 6 of the NHRC Act, 1995 (as amended),” President Buhari stated.

“I hereby direct that since the recommendations of the commission that constituted the panel are enforceable as decisions of the court, that the Inspector General of Police and the Solicitor General of the Federation/Permanent Secretary, Federal Ministry of Justice meet with the commission to work out the modalities for the implementation of the Report within 3 months from today,” President Buhari said.

The President stressed that in recognition of the fact that the decisions, determinations and recommendations of the Commission are binding and enforceable as provided under section 22 of the NHRC Act, 1995 (as amended).

President Buhari expressed happiness with the work of the panel and thank the members for working hard towards the realisation of the presidential directive.

He was optimistic that the report of the panel and recommendations would go a long way in redressing the grievances of the complainants, ensure accountability on the part of the police officers in discharging their responsibilities and facilitate the various police reforms being introduced by this administration.

He assured that his administration would continue to fulfill its obligations of promoting and protecting human rights of Nigerians, and will give the National Human Rights Commission all the support required to ensure full implementation of the recommendations contained in its report.

President Buhari further assured that his administration would strengthen the operations of the Commission to enhance its effectiveness and capability to resolve cases of human rights violations.

He added that his administration was conscious of the role the commission plays in ensuring security and stability in the nation through the resolution of complaints of human rights violations, which if neglected, could result into major security challenges.

The President disclosed that he had recently approved the reconstitution of the Governing Council of the Commission, adding that the names of the council members would be submitted to the National Assembly for confirmation before the inauguration of the Council in line with NHRC Act, 1995 (as amended).

President Buhari had on 14th August, 2018 directed the National Human Rights Commission to constitute a Special Panel to investigate ations of human rights violations and abuse of office against the Special Anti Robbery Squad (SARS) and the Nigeria Police Force and recommend the reform or restructuring among other appropriate recommendations to improve public safety and security in the country.

The Executive Secretary, National Hunan Rights Commission and Chairman, Presidential Panel on the Reform of SARS, Anthony Okechukwu Ojukwu, Esq. said that the panel called for and received 113 complaints on alleged human rights violations from across the country and 22 memoranda on suggestions on how to reform and restructure SARS and the Nigeria Police in general.

Ojukwu said that the panel sat in the six geopolitical zones of the country to afford complainants and the Police the opportunity to present and defend the allegations.

Ojukwu stated that the panel called for and received 113 complaints on alleged human rights violations from across the country and 22 memoranda on suggestions on how to reform and restructure SARS and the Nigeria Police in general.

He said that they sat in the six geopolitical zones of the country to afford complainants and the Police the opportunity to present and defend the allegations.

At the end of its public hearing, the Panel recommended 37 Police officers for dismissal from the force.

The panel also directed the Inspector General of Police to unravel the identity of 22 officers involved in the violation of the human rights of innocent citizens.

The police was directed to pay compensation of various sums in 45 complaints and tender public apologies in five complaints and directed to obey court orders in five matters.

The Police was directed to immediately arrest and prosecute two retired senior Police officers found to have violated the rights of citizens (one for extra-judicial killing and the other for illegal takeover of property of a suspect).

The Panel also recovered two vehicles illegally auctioned by SARS officers and returned them to their owners.

Some of the other key recommendations of the Panel include: Establishment of State and local government Police; significant improvement in the funding, kitting and facilities of the Nigeria Police Force; strengthening Information and Communication Technology of the Force;

institutionalising a Special Investigation Panel to annually hear and determine complaints on alleged human rights violations against operations of the Nigeria Police Force;

strengthening the Police Rapid Response Complaints Unit of the Nigeria Police and other internal complaints mechanisms of the Force to make them more responsive.

Other recommendations included: Renaming the Special Anti-Robbery Squad (SARS) to Anti-Robbery Section (ARS) which was its original name and to make the section operate under the intelligence arm of the Police from the divisional, area command, state command, zonal command up to the Force Headquarters level.

This will also remove the stigma presently associated with the name SARS; and ensure the ARS limits itself to tackling armed robbery while other intelligence and operational units are strengthened to perform their various special tasks.

According to the chairman, the report is in four volumes – I: Executive Summary (40 Pages) Volume II: Main Report (208 Pages) Volume III: Report on Complaints of Alleged Human Rights Violations (709 Pages) Volume IV: Verbatim Report of the Proceedings (1847 Pages).

Members of the panel were: Anthony Okechukwu Ojukwu, Esq. Executive Secretary of the National Human Rights Commission as Chairman; Tijani Mohammed, Esq.-Police Service Commission -Member; David I. Shagba, Esq. -Public Complaints Commission -Member;

Hashimu Argungu-Deputy Inspector General of Police (rtd) -Member; Professor Etanibi Alemika -University of Jos -Member; Chino Obiagwu, SAN-Chairman, Human Rights Agenda Network -Member; Ms Iyabode Ogunseye-Nigerian Bar Association -Member; and Abdulrahman Ayinde Yakubu- National Human Rights Commission/Secretary of the Panel.

The panel said that if the recommendations are implemented, they would help the Federal Government in its quest to ensure that Nigeria has a responsible, responsive, efficient and effective police institution that will not only decisively deal with criminality but that will be the pride of the Nigerian people.