Constitutional position on the creation of this Security Network.We need to note that this piece of såges are meant to serve as Expositions and not a scale of Jugdement. Therefore, we urge us to stay aware of the happenings in our dear country to be able to formulate own independent Opinion/view since It’s takes only Knowledge to be able to do that.Nigeria is indeed a Country with Sufficient Laws to Lubricate her affairs to avoid friction of powers.
Constitutionally, Policing and security in Nigeria is the exclusive preserve of the Federal Government. Section 214(1) of the Constitution of the Federal Republic of Nigeria 1999 (as altered) provides thus:“There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions to this section no other police force shall be established for the Federation or any part thereof.” Subsection 2 (a), (b) and (c) of the same section provides that:“Subject to the provisions of this Constitution-
(a) The Nigeria Police Force shall be organized and administered in accordance with such provisions as may be prescribed by an Act of the National Assembly;
(b) The members of the Nigeria Police Force shall have such powers and duties as may be conferred upon them by law;
(c) The National Assembly may make provisions for branches of the Nigeria Police Force forming part of the armed forces of the Federation or for the protection of harbours, waterways, railways and air fields.
“These are re-enforced by Section 4(2) of the Constitution which specifically empowers the National Assembly to make laws with regards to Exclusive Legislative List thus: “The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part 1 of the Second Schedule to this Constitution.“In the same vein, Item 45 of the Exclusive Legislative List in Part 1 of the Second Schedule to the Constitution specifies “Police and other government security services established by law” while item 68 of the List includes“Any matter incidental or supplementary to any matter mentioned elsewhere in this list”. It was in this regard that the Police Act, among other laws, was passed and section 4 of the Act stipulates the functions of the Police.“The Police shall be employed for the prevention and detection of crime, apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulation with which they are charged and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of this or any other Act.“The foregoing provisions of the Constitution are unambiguous and the first rule of interpretation being the literal rule has to be applied to them. The implication is that only the National Assembly has powers to make law as regards Policing and security services in Nigeria and it will only speak good of us If we maintain the “Rule of Law”.
With sense of humility and as a patriotic citizen of this our dear Country Nigeria, Nigeria is a country that has enough provisions of Law to Lubricate her affairs; on the lowest swing of the scale, though the North claimed Hisbah bill was passed by the state House of Assembly while on the Highest swing of the Scale, Has the Innovators of this Security Network(SW) neglect their own House of Assemblies? While Balancing the swing of the Scale, The creation of this Security Network beyond the intended Motives is Unconstitutional and a disregard of the “Rule of Law”
The implication of not maintaining The Rule of Law could be suicidal as there is another proposal of security Network by the North to be known as “SHEGE-KA-FASA” and even the South East has approach the Federal Government for the same.
Relatively, The maintainance of Rule of Law is of Paramount. Since Rule of law is or more less a priceless Jewelry and every individual would do anything to guide and guard the jewelries of their offices same way an Ordinary Class Representative would have done if feels any forms of rivalry.
Conclusively, Interpretation of our actions and In actions should be in the light of our customs and traditions for own Prosperity and not a means to obstruct or outsmart others as such action, if interpreted in the light of South West Custom, would print many images with different contents.Hence, We patriotic citizen are beckon upon to wake from our slumber of being emotional about every issue; not every matter deserves castigating our leaders, they’re also Human being, should issue like this arises, we should try to look at it from the angle of their claim before holding a side. Every situation has it own applicable reaction and being emotional should not be attached to everything lest we dance to the tune of destruction at the expense of our MOTTO (peace and unity)
Reference = såge 3https://m.facebook.com/story.php?story_fbid=193945451996612&id=101553254569166
Saheed Afeez Ayinde
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