COMMUNIQUE ISSUED AT THE END OF THE INAUGURATION OF A CIVIL SOCIETY ORGANISATIONS OBSERVATORY ON THE POLICE ACT 2020 AND POLICE TRUST FUND ACT 2019 FOR THE S’EAST ZONE

IT WAS HELD ON THE 3RD OF MARCH 2022 AT HOTEL ROYAL DAMGRETE LTD 13/16 FACTORY ROAD, GRA, UMUAHIA, ABIA STATE

Preamble

Rule of Law And Accountability Advocacy Centre (RULAAC) and over 30 other CSO groups operating in the South East, media representatives as well as representatives of the Assistant Inspector General (AIG) of Police, Zone 9, Umuahia, AIG Isaac Akinmoyede; the Commissioner of Police (CP), Abia State Police Command CP Janet Agbede; the National Human Rights Commission, and the Hon. Attorney General and Commissioner for Justice, Abia State Uche Ihediwa SAN gathered in Umuahia, Abia State for the inauguration of a Civil Society Organisations Observatory Group on the Implementation of the Police Act 2020 and the Police Trust Fund Act 2019 for the South East Zone. The first Zonal inauguration was held in Abuja on the 27th of January 2022 for the North Central Zone and the FCT.

The event also featured the inception meeting and capacity building for CSOs in the Zone.

Key issues

ON POLICING AND HUMAN RIGHTS

1. Participants noted that policing across the globe has been characterised by the use of force beyond permissible levels especially typified by the killing of a black African-American-George Floyd in the United States of America (USA), which sparked a reaction by the Black Lives Matter (BLM) Movement in the USA and across the world to restrain the powers of the police.
2. Participants decried excessive use of discretionary powers and abuse by operatives of the Nigeria Police noting that this has a long history, beginning from the colonial times through successive military regimes and peaked in the ENDSARS campaign of October 2020. Participants observed with sadness that Police brutality is yet to abate in spite of the ENDSARS uprising and its unfortunate aftermaths.
3. Participants noted with serious concern the habitual attitude by police authorities to treat peaceful protests as crime and protesters as trouble makers. By banning peaceful protests and violently clamping down on peaceful protesters, sometimes resulting in casualties, the police not only act illegally but also violate the constitutionally guaranteed rights of citizens to freedoms of Assembly, Association and Expression which define the democratic space. *ON THE POLICE ACT 2020

1. Participants welcomed the signing into law of the new Police Act 2020 which repealed the colonial Police Act of 1943 noting that this would be the first time that the colonial Police Act would benefit from comprehensive review. 
2. Participanys however also 0noted the challenges facing the implementation of the Police Act 2020 including some of its provisions being in conflict with the Constitution of the Federal Republic of Nigeria 1999; lack of political will to implement the Act, lack of access to the Act by police officers and consequently, low level of awareness of the provisions of the Act among Police Officers whose actions ought to be guided by the Act and which they ought to implement, etc.
3. Participants noted with particular concern, the conflict regarding the recruitment/appointment of Police Constables and Cadets which has remained a major source of dispute between the Police and the Police Service Commission. The dispute between the NPF and its oversight agency, the PSC over who has the mandate for police recruitment is a needless and avoidable distraction. It arises partly from the confusion created by the National Assembly in transferring powers originally conferred on the PSC by the Constitution and its establishment Act to the NPF as affirmed by the Appeal Court seating in the FCT and partly also from the lack of political will by the President to stamp his feet and ensure that agencies of government respect and act in accordance with the Constitution and their establishment Acts
4. Participants warned that law makers should desist from making laws that conflict with the constitution and results to other challenges such as creating inter agency conflicts and rivalry and making the implementation of aspects of such laws difficult.
5. Further, participants condemned the failure by the President to convene the Nigeria Police Council, as mandated by both the Police Act and the Nigerian Constitution. The Council is mandated to advice the President on the appointment of the IGP and on measures to address growing insecurity in the country. But the President prefers to solely exercise the powers of the Police Council by single-handedly appointing the IGP. Participants therefore, advised the President to lead by example by acting in accordance with the constitution and the laws of the land.
6. Participants noted with commendation that the Police Act 2020 has made a provision prohibiting gender discrimination; made elaborate provision for procedural safeguards to regulate and control the exercise of police powers of arrest, search and detention; prohibits torture and mandates the IGP to facilitate access to legal representation for accused persons/suspects in police stations, among other innovative provisions.   ON THE POLICE TRUST FUND ACT
7. While also welcoming the signing into law of the Police Trust Fund Act to address perennial funding deficit in the Nigeria Police by providing additional funding window, participants however noted that there are several pitfalls inhibiting effective implementation of the PTF Act including the vagueness of several provisions of the Act. 
8. Further noting that the PFT was set up to operate for 6 years unless it is extended by an Act of the National Assembly, participants observed that this can breed corruption among NASS members who may want to benefit illegally from the lobby to extend the lifespan of the Act after the initial 6 years. A trust fund,  it was noted, is supposed to have a definite duration and specific purpose.
9. Participants further noted the dispute between States and the Federal Government over the administration of the Federation Account noting in particular the Court action filed by the Rivers State Government for which it already obtained a judgement against the Federal Government for administering the Federation Account on its behalf. Noting also that Section 4(1)(a)(b) of the Police Trust Fund Act which the Federal Government relies on to draw funds from the Federation Account is inconsistent with the Constitution, participants expressed concern that the achievement of the objective of the trust fund which is to address police funding deficit may be hampered.
10. Participants further observed that, companies operating in Nigeria were already complaining about being over taxed and that the addition of the NPTF tax is an extra burden. Furthermore, the Act failed to provide details on how the imposed tax would be collected i.e. the body responsible for collecting and enforcing the remittance of the tax, timeline for the tax to be remitted, penalty for defaulters and dispute resolution mechanisms, etc. 
11. Participants also observed that the President after signing the Act on 24th of June 2019 did not provide a date for its commencement. 
12. Participants noted the contradiction between section 7(2) of the NPTF Act which states that the Board of Trustees shall consist of 8 members and Section 9 (5) of the same Act which states that the Chairman and 10 other members shall form a quorum for the meeting of the Board. 
13. Participants further noted that the Trust Fund is bogged down by too much bureaucracy which makes its implementation difficult. An example was cited of the various layers of authority and decision making process for the Trust Fund which participants considered unnecessary.  A Trust Fund is an intervention Fund which requires speed. In addition, the preponderance of government agencies in the Board of Trustees as opposed to the private sector is another source of needless bureaucracy. In particular, the inclusion of the Police which is the beneficiary agency as members of the Board of Trustees raises issues of conflict of interest.
14. Participants noted that while the Nigeria Police is yet to benefit from the Trust Fund, the first set of funds released to the fund have already become sources of internal conflict and controversy arising from allegations of mismanagement of funds. Since September 2021, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) has been investigating the NPTF management for alleged mismanagement and corruption in procurement of substandard equipment and vehicles for the Nigeria Police. Participants called on the ICPC to hasten and conclude its investigation, make its findings public and ensure that all those found to be involved in fund mismanagement or corruption are brought to account. OTHER SSUES
15. Participants noted that operational control of the Police remain centralised in the hands of the President while the State Governors who are supposed to be responsible for security in their various states have little or no control over the Police within their states. Political control of the police is one of the obstacles to the enforcement of professional standards, leadership competence and operational effectiveness 
16. Participants noted that the living and working conditions of police personnel remain abysmal despite years of outcry and agitation by junior police officers and advocacy by civil society for improvement. Participants expressed the view that radical improvement in Police welfare is one of the means to fight corruption and humanise the police. RECOMMENDATIONS

Participants recommended the following measures:

1. There is the urgent need to make copies of the Police Act, Police Trust Fund Act and other relevant laws available in simplified form to police officers and create awareness of the provisions of the laws among both police officers and the citizens through radio jingles, television talk shows, pamphlets, etc. 
2. Police Officers should be trained and retrained on professional standards, transparent, responsible and rule-based policing and on the need to respect the rights and dignity of citizens in the context of law enforcement. The link between police abuse and public resentment and poor perception of the police should be emphasised 
3. That police authorities should prioritize discipline and accountability in the Nigeria police, support internal control and disciplinary mechanisms such as the Complaints Response Unity (CRU) to effectively discharge their functions as tools for checking professional misconduct and changing the culture of impunity in the NPF
4. That the President and Police leadership should demonstrate the political will and commitment to implement the Police Act and to always act in compliance with the Act. 
5. That the National Assembly should consider urgent review of both the Police Act 2020 and the Police Trust Fund Act 2019 with a view to addressing the inconsistencies and conflicts with the Constitution, resolve the contradictions in the provisions of the PTF Act and insulate the fund from unnecessary bureaucracy to ensure that it achieves its purpose as an intervention fund capable of acting with speed to address urgent challenges 
6. That lawmakers should be thorough and avoid making laws that are ambiguous and contradictory to the constitution.
7. That the President should urgently intervene to ensure the resolution of the lingering dispute between the NPF and the PSC by ensuring that agencies of government operate within their statutory mandates, comply with the provisions of the Constitution, their establishment Acts and subsisting court rulings as in the case of the Appeal Court on the police recruitment controversy
8. That the ICPC should expedite its prolonged investigation into alleged corruption and mismanagement of the Police Trust Fund and ensure appropriate remedial and disciplinary actions against all those found to be responsible for the mismanagement of the funds and procurement of substandard equipment for the police
9. That the President should lead by example by obeying the laws of the land. He should convene the Police Council to meet for the first time to deliberate on the growing insecurity and advise him on the best ways to tackle insecurity. He should also always convene and seek the advice of the Police Council before appointing an Inspector General of Police
10. That after three years of its existence out of its 6-year life span, CSOs should conduct a mid-term review of the success or otherwise of the Police Trust Fund.
11. That there is an urgent need to review the Constitution and the Police Act to ensure the decentralization of policing powers and resources to the lower levels for efficiency and effectiveness
12. That Police leadership should lead the fight against corruption and impunity from within and from the top. Corruption at the higher level makes change at the lower level difficult 
13. That the Federal Government and the Police leadership should prioritize the welfare and wellbeing of Police Officers. Radical improvement in Police welfare is one of the sure means to fight corruption and humanise the Police. Conclusion

Participants welcomed the inauguration of the CSO Observatory which they noted will provide them the platform to monitor and report on the implementation of the Police Act and the Police Trust Fund Act and to engage the entire police reform process.

Participants also welcomed the participation of the AIG Zone 9, CP Abia and the Hon. Attorney General and Commissioner for Justice, Abia State – through their representatives who made very useful contributions and emphasized the importance of police civil society collaboration in the promotion and protection of human rights and the provision of safety, security and justice. 

Signed :

1. Okechukwu Nwanguma – Executive Director, RULAAC
2. Nancy Oko Onya – Ebonyi State
3. Comrade Nelson Nnanna Nwafor – Abia State
4. Prince Chris Azor – Anambra
5. Kelechukwu Oforma – Anambra State
6. Marjorie Ezihe – Imo State
7. Nnaemeka Onyejiuwa – Imo State
8. Emeka Nwanevu -Enugu State
9. Lydia Ijeoma – Enugu State