A
bill to alter the constitution to allow for the creation of state police and
other state government security services has scaled second reading in the House
of Representatives.
The bill was
sponsored by Onofiok Luke representing Etinan/Nsit Ibom/Nsit Ubium Federal
Constituency.
In leading
the debate on Tuesday, the lawmaker highlighted that the bill will enhance the
security and preservation of lives and properties in Nigeria.
The bill
seeks to move the legislation of policing from the house exclusive to the
concurrent list.
See the full content of the Bill below…
CONSTITUTION
OF THE FEDERAL REPUBLIC OF NIGERIA (FIFTH ALTERATION) BILL, 2020
Arrangement
of Clauses
Clause:
1. Alteration of Cap. C23, LFN, 2004.
2. Alteration of section 197.
3. Alteration of the Second Schedule.
4. Alteration of the Third Schedule.
5. Citation.
CONSTITUTION
OF THE FEDERAL REPUBLIC OF NIGERIA (FIFTH ALTERATION) BILL, 2020
A Bill
For
An Act to alter the Constitution of the Federal Republic of Nigeria, Cap. C23,
Laws of the Federation of Nigeria, 2004 to provide for State Police and other
state government security services to enhance security and preservation of
lives and properties in Nigeria; and for related matters.
Sponsor:
Hon. Onofiok Luke (Etinan/ Nsit Ibom/ Nsit Ubium Federal
Constituency)
ENACTED by
the National Assembly of the Federal Republic of Nigeria─
1 The
Constitution of the Federal Republic of Nigeria, Cap.C23, Laws of the
Federation of Nigeria, 2004 (in this Bill referred to as “the Principal Act”)
is altered as set out in this Bill.
Alteration of Cap. C23, LFN, 2004.
2 Section 197(1) of the Principal Act is altered by inserting after paragraph
(d), new paragraphs “(e)” – “(f)” –
“(e) State
Police Council; and
(f) State Police Service Commission.”
3. The
Second Schedule to the Principal Act is altered–
(a) in Part
I, by deleting item 45 from the Exclusive Legislative List; and
(b) in Part
II, by inserting after item 30 on the Concurrent Legislative List, new items
“31” – “32” –
“31. The
National Assembly may make laws for the establishment of the Federal Police and
other Federal government security services;
32. A House
of Assembly may make laws for the establishment of State Police and other state
government security services.”
4. The Third
Schedule to the Principal Act is altered by inserting after paragraph (8), new
paragraphs “9” – “12” – “E State Police Council
9. A State
Police Council shall comprise the following members:
(a) the
Governor, who shall be the Chairman;
(b) the
Chairman of the State Police Service Commission; and
(c) State
Commissioner of Police.
10. The
functions of a State Police Council shall include –
(a) the
organisation and administration of a State Police Force and all other matters
relating thereto (not being matters relating to the use and operational control
of the Force or the appointment, disciplinary control and dismissal of members
of the Force);
(b) the
general supervision of a State Police Force; and
(c) advising
the Governor on the appointment of State Commissioner of Police.
F State
Police Service Commission
11. A State
Police Service Commission shall comprise the following members –
(a) a
Chairman; and
(b) such
number of other persons, not less than five but not more than seven, as may be
prescribed by a Law made by the House of Assembly of a State.
12. The
Commission shall have power to –
(a) appoint
persons to offices (other than the office of the State Commissioner of Police)
in the State Police Force; and
(b) dismiss
and exercise disciplinary control over persons holding any office referred to
in subparagraph (a).”5.This Bill may be cited as the Constitution of the
Federal Republic of Nigeria (Fifth Alteration) Bill, 2020.
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