The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks?
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Journal of Social Service and Welfare Volume 1, Issue 2, 2019, PP 20-31 ISSN 2642-8423 The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks? Odum, Mbanefo., Ph. D* Chukwuemeka Odumegwu Ojukwu University, Igbariam Campus, Nigeria *Corresponding Author: Odum, Mbanefo., Ph. D, Chukwuemeka Odumegwu Ojukwu University, Igbariam Campus, Nigeria ABSTRACT Efficient law enforcement depends on the quality and outlook of the institutions and personnel saddled with this responsibility. There are several agencies in Nigeria created for the purpose of law enforcement. Despite the multiplicity of these agencies, however, the country is still far from being a reflection of a society where security and orderliness are being maintained. The essence of this paper is to explore the law- enforcement terrain of the country with a view to ascertaining the state of affairs vis-a-vis the existing law enforcement agencies, their functional relevance, and general impact on the society in terms of maintenance of law and order. Findings reveal that the state of security and maintenance of law and order is still abysmally low in spite of the fact that there exist several law enforcement agencies within the country. The main recommendation is that instead of placing emphasis on creating more and more law enforcement agencies, which sometimes amount to duplication of functions, efforts should be made to reorganize, streamline and strengthen the existing institutions. Keywords: Law enforcement, Inter-agency collaboration, insecurity, human rights abuse. INTRODUCTION enforcement outfit populated by well-trained officials and provided with adequate operational Every society is guided by laws, which regulate tools and equipment is more likely to exhibit a the actions of individuals living within the higher level of efficiency than the one that lacks society. Left to obey the laws as a matter of those features. choice, the tendency is high for individuals to break them at will. As such, the existence of Nigeria can boast of numerous law-enforcement laws and code of conduct are not sufficient agencies that cover various spheres of life. conditions for the enthronement of security and Some of the agencies of the federal government orderliness within the society. Achieving these involved in law enforcement in Nigeria include the Nigerian Police Force (NPF), Nigeria objectives requires setting up the necessary Security and Civil Defence Corps (NSCDC), machinery to regulate human activity as it Federal Road Safety Corps (FRSC), State relates to adherence to existing laws. Hence, Security Services (SSS) also known as the governments set up law-enforcement institutions Department of State Services (DSS), Economic saddled with the responsibility of ensuring and Financial Crimes Commission (EFCC), compliance to the laws. To this extent, one can Independent Corrupt Practices and other Related rightly say that law enforcement is sine qua non Offences Commission (ICPC), National Drug for the maintenance of orderliness and security Law Enforcement Agency (NDLEA), etc. The within the society. National Assembly has also passed the Nigeria Law enforcement agencies exist in all the Peace Corps Bill. The passing of the Bill, which countries of the world. However, it is quite took place quite recently (precisely in July, agreeable that the state of security, peace, and 2017), was aimed at establishing (or rather orderliness in the different countries are not the legalising) another agency known as the same. The reason behind this variation borders Nigerian Peace Corps. From Nwafor‟s (2017) on the fact that the agencies in the different reports, the Federal Government is equally societies differ in their operation, level of contemplating the establishment of another efficiency, level of effectiveness, and in terms of security agency to be known as National Guard. their environment. For instance, a law This is despite the fact that this agency was Journal of Social Service and Welfare V1 ● I2 ● 2019 20
The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks? originally set up in 1993 but later collapsed Part Three explores the history of the major law (Daily Post, 2017). Aside the federal agencies, enforcement agencies in Nigeria, Part Four the State governments have their law reviews the orientation and character of enforcement agencies that operate within such Nigerian law enforcement agents. Part Five spheres as traffic and waste management. Added appraises the state of law and order in Nigeria to these, there are recognised private outfits that vis-a-vis the Multiplicity of law enforcement assist in law enforcement such as Vigilante agencies. Part sixconcludes the study. groups and community policing outfits. THEORETICAL PERSPECTIVE Despite the prevalence of law enforcement agencies in Nigeria, the country is still The Systems model of change and the characterized by high level of insecurity and Organizational Development perspective fall disorderliness. News about incidents of crime, within the Planned Change Approach. In line which remain unresolved in most cases, abound. with the general systems theory, which sees a Driving through Nigerian roads exposes one to system as an assemblage of parts that must be bare cases of disorderliness. As Odumosu viewed as a whole (Sapru, 2013), the former (2017, p. 115) rightly observed, there is lays emphasis on interdependence. Hence, an pervasive lawlessness in Nigeria as “most organization is treated as a set of interacting Nigerians are unbridled, unruly, unrestrained, variables, all of which are likely to need to and illegal in their day-to-day life and change together (Rollinson, 2008). According to activities”. In fact, lawlessness seems to have French and Bell (1999), Organizational become part of the national life. More often than Development is a planned, systematic process in not, it appears as if the law enforcement agents which applied behavioural science principles have been overwhelmed by the issues they were and practices are introduced into organisations, meant to guard the society against. In the light towards the goal of increasing individual and of the numerous law-enforcement agencies and organisational effectiveness. By implication, the the poor state of security and orderliness in Systems model of change is to a large extent Nigeria, one is compelled to believe that the integrated into this approach. country‟s law enforcement agencies are far from being efficient and that the approach the In discussing Organizational Development, government usually adopts towards making Rollinson (2013) captures it as an approach that things better is to create more law-enforcement deals with fundamental and transformational outfits. Is it likely that the solution to the changes and thus deemphasizes the ad hoc or problem of ineffectiveness of the law- quick-fix solutions to problems. According to enforcement agencies in Nigeria lies in creating him, the basic tenet of Organizational more agencies? That is to say, can one say that Development approach is that organization is a the reason the country has not attained a system of sub-systems and, as such, is strongly satisfactory level of security and orderliness is concerned with identifying the multitude of because she is yet to have the right number of simultaneous changes that may need to be made law-enforcement agencies? Or, are the existing within the organization. Again, the agencies likely to perform better if they are Organizational Development not only sets out to strengthened towards achieving the desired achieve a better functioning organization but objectives? In response to these and other also focuses on the process of change. The related questions, this paper appraises the understanding here is that how change takes impact of the law-enforcement agencies on the place plays a significant role in determining Nigerian society vis-a-vis the state of law and whether the objective of a more effective order. organization is likely to be realised. In sum, the This paper adopts mainly the qualitative Organizational Development approach mechanisms in generating and analysing data. underscores the possibility of making an Documentary evidence and observational existing organization operate more effectively instrument form the main source of data by initiating changes in the desired direction. collection, which are analysed with the relevant Guided by this approach, it may not therefore interpretative skills. The paper is divided into make sense to embark on establishing a new different parts starting with the introduction. organization in a bid to overcome the challenges The second part establishes the theoretical posed by the operational anomalies and poor foundation upon which the study rests. While performance of a similar existing organization. 21 Journal of Social Service and Welfare V1 ● I2 ● 2019
The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks? The Organizational Development perspective is that call for law enforcement. In a bid to impose apt in analysing the issue of multiplicity of law their will over the local people and have control enforcement agencies vis-a-vis the current of the situation, maintenance of law and order chaotic state of law and order within the (as dictated by the foreigners) formed part of the country. To the extent that the prevalence of law primary policy of the colonialists and as such enforcement agencies have not helped in law enforcement outfit had to be created. enhancing the effectiveness of the law enforcement, the need to apply an alternative As can be gleaned from documentary evidence, approach becomes necessary and this calls for the police force was the first agency for social the approach that emphasizes the strengthening control and law enforcement created by the of existing agencies towards the realization of colonialists (Biereenu-Nnabugwu, 2015; the objectives of law enforcement. Aderinto, 2014; Don, 2014; Akani, 2014; Alemika, 2003; Asenime, 2014). According to BRIEF HISTORICAL OVERVIEW OF THE Adoyin and Agwanwo (2015), the police in MAJOR LAW ENFORCEMENT AGENCIES IN Nigeria came at the instance of the colonial NIGERIA authority in order to ensure acceptance of the new order as well as enforce the regulations it Scholarly discourses point to the fact that introduced. From the account of the Network on mechanisms for the maintenance of law and Police Reform in Nigeria (cited in Aderinto, order existed in those traditional societies that 2014 p.61) the move towards the establishment were eventually colonised to form Nigeria of the Nigerian police force began even prior to (Biereenu-Nnabugwu, 2015; Yecho, 2015). the formal annexation of Lagos, hence, “In However, the structures for law enforcement 1860, British colonial authorities created a 30- within the different ethnic nationalities were not member Consular Guard in Lagos as the first the same. Whereas there were regular organised policing unit for the territory which formations dedicated to the performance of this eventually became Nigeria”. It is not surprising task in some areas, there were other areas that therefore that this desire to have a force formed had no standing establishment in this regard and one of the top priority as soon as the annexation as such had to draw individuals from age grades, took place. According to Bieerenu-Nnabugwu cults or other social groups to deal with the (2015, p. 9), “The establishment of police challenges of social control and law force...dates back to 1861 when the British enforcement whenever the need arose. In all, the government, after so much pressure by mechanisms and structures for law enforcement Macosky, then acting governor, finally gave that existed in the traditional societies had to approval for its establishment. It was, however, police ordinance 10 of 1895 that fully give way to a more organised and uniform established the civil police force in Nigeria”. It system with the advent of colonialism. stands to reason, therefore, that the Nigerian The journey towards having modern law police was formed through a gradual processthat enforcement outfits in Nigeria began with the began during the colonial period and it was this emergence of the British imperialists in the colonial police that transformed into the areas that eventually became Nigeria. Nigerian Police Force when independence was Colonialism was borne out of the desire of the granted. imperialists to satisfy their selfish interests There are clear indications that the Nigerian (Okechukwu, 2015). Upon the termination of army share the same historical roots with the slave trade and the emergence of the industrial Nigerian police. Both can be said to have era, the interest of the British capitalists dwelt originated from the same source and only on commercial activities bordering on metamorphosed into different branches along acquisition of raw materials like palm produce, the line. While presenting the history of the groundnuts, cocoa, rubber, etc. As observed by Nigerian police, Aderinto (2014) made mention Yecho (2015), the new emphasis on legitimate of the various forces formed by the colonialists commerce increased points of contacts as well in Nigeria such as the Hausa Guard, Niger Coast as conflict between the foreign and African Constabulary, etc. In discussing the origin and middlemen/traders. Also, the arrival of Christian development of the Nigerian Army, Ndoh missionaries became another source of serious (1997) equally traced it to the various forces clash of interests between the foreigners and the formed by the colonial administration that, inter local people. Indeed, all these raised problems alia, include the Lagos Constabulary and the Journal of Social Service and Welfare V1 ● I2 ● 2019 22
The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks? Niger Coast Constabulary. According to him, the State governors. On the other hand, the NIA the initial desire was to raise the Niger Coast handles external intelligence and counter Protectorate Force as a purely military Force. intelligence while the DIA handles military- But in view of the fact that this required an act related intelligence both inside and outside of the British Parliament to take effect, the Nigeria (https://en.m.wikipedia.org/wiki/ Force was raised instead as a constabulary. It is National_Security_Organisation). worthy to note that these forces were charged From the work of Odum (2016), it can be with both military and police duties at the initial gleaned that the Federal Government created the stage. Ndoh (1997) further posited that a body National Road Safety Commission in 1974 in an known as Hausa Force was carved out of the attempt to establish a formalised structure for Lagos Constabulary in 1895 to perform traffic management and streamline the rules and exclusive military duties while the remnant of regulations for traffic offences. This the Constabulary performed exclusive police commission appeared not to have lived up to its duties. It was this Hausa Force that later became expectations. Hence, the Federal Military the Lagos Battalion in 1901 and along with the Government established the Federal Road Northern Regiment and Southern Regiment Safety Commission in 1988 with the backing of were incorporated into the West African Decree 45.The main responsibilities of the Frontier Force (WAFF). At independence, Commission include preventing or minimizing which occurred in 1960, Nigeria inherited the accidents on the highway; designing and army that was put in place by the colonialists. In producing the driver‟s license; the fact, “even though there was a formal handing standardization of highway traffic codes; etc over of the control of the army to Nigeria, a (http://frsc.gov.ng/about-us/what-we-do). British officer continued to be the commanding officer of the army until 1964 when the Nigerian The Nigeria Security and Civil Defence Corps is officers emerged dominant within the officers one of the security and law enforcement-related corps in the army” (Ndoh, 1997, p.5).It can be agencies that operate in the country. Following seen, therefore, that the two forces (the police the outbreak of the Nigeria-Biafra war, the and the army) were created within the colonial Lagos Civil Defence Committee was set up with era and inherited by the country at the aim of sensitizing and protecting the civil independence. populace through such means as educating them Following the assassination of the former about the war and how to take precautions in the military Head of State, General Murtala event of an attack. As the name implies, its Muhammed, in a failed coup d‟etat, the Nigerian sphere of influence covers only Lagos – the then government under the military regime headed Federal Capital Territory. By 1970, it by General Olusegun Obasanjo formed the transformed from the Lagos Civil Defence National Security Organisation (NSO) under Committee to the Nigeria Security and Civil Decree number 27 of 1976 and this agency was Defence Corps. The organization became saddled with various responsibilities such as the recognised as a national security outfit in 1984 detection and prevention of any crime against and, following a major restructuring that took the security of the state, protection of classified place in 1988, Commands were established at materials, and carrying out any other security all the states of the federation as well as the missions assigned by the president. The NSO Federal Capital Territory. The organization got functioned as an agency for about ten years statutory backing in 2003 when the National before it was dissolved in 1986 and restructured Assembly passed an Act that was eventually into three different organisations by the signed into law by the President. The Act was Babangida-led administration. These further amended in 2007 to enhance its statutory organisations include the State Security Service duties (see www.nscdc.gov.ng). (SSS), also known as the Department of State The National Drug Law Enforcement Agency Services (DSS); the National Intelligence (NDLEA) was established by the federal Agency (NIA); and the Defence Intelligence government with Decree number 48 of January Agency (DIA). The SSS serves as the primary 1990. This occurred at a point the country domestic intelligence agency of the country with witnessed a dramatic rise in the trafficking and the responsibility of intelligence-gathering selling of hard drugs and whereupon the drug within the country and the protection of senior barons and traffickers engage in ostentatious government officials such as the president and display of their drug-related wealth. The 23 Journal of Social Service and Welfare V1 ● I2 ● 2019
The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks? responsibility of the NDLEA include tackling can be traced to the colonial era and this began the growing, processing, manufacturing, and with the creation of such institutions as the selling of hard drugs as well as targeting the police and the army. The three basic points that leaders of narcotics and money laundering characterize the institution for law enforcement organisations (https://en.wikipedia.org/wiki/ established by the colonialists, as highlighted by National_Drug_ Law_Enforcement_Agency). Asenime (2014), can be summarized in the following terms: (a) it served the purpose of Against the backdrop of notoriety gained by achieving the colonial conquest of the Nigerian Nigeria within the international community in peoples, (b) it employed violence in the process relation to her records on corruption, the Federal of conquest, and (c) it served as an instrument Government came up with the Corrupt Practices for the sustenance of British domination over and Other Related Offences Act 2000. It was the indigenous peoples. It is against this based on this Act that the Federal Government backcloth that Yecho (2015) asserts that the set up and inaugurated the Independent Corrupt hallmark of colonial policing was pacification Practices and Other Related Offences and suppression of the indigenous communities Commission on September 29th, 2000, for the in order to serve the interests of the colonial purposes of tackling corruption in a more masters. Allen (2014) aligns with this viewpoint decisive manner. The Commission is by describing the colonial law enforcement empowered to receive complaints about corrupt agents as being brutal and notoriously repressive individuals and investigate and prosecute them in approach. (http://icpc.gov.ng/icpc-history/). Commenting on the army established by the The Federal Government also established the colonial masters, Odumegwu-Ojukwu (1989, Economic and Financial Crimes Commission (EFCC) in 2003 to tackle crimes related to p.31) states thus: “In training, the Nigerian army was totally alienated from the Nigerian Society. Advanced Free Fraud (popularly known as 419 It was a weapon closely guarded by the agents in the country), money laundering, and acquisition of illicit wealth generally of imperialism to be unleashed whenever (https://en.wikipedia.org/wiki/Economic_and_ necessary on the native population”. According Financial_Crimes_Commission). Aside these to him, the criterion for judging the excellence major agencies, there are other ones established of that force during the period was its ability to by the government at the federal, state, and local serve the whims and caprices of the agents of government levels at one point or the other with imperialism. It was based on this orientation that the aim of enforcing law in either a general or a Nigerian soldier would proudly display medals specialised area. Examples include the Kano he won in the process of conquering his own state Hisbah Corps, the defunct Bakassi Boys in village, which entailed killing his own relatives Anambra State, Lagos State Traffic and close friends. By implication, the colonial Management Agency (LASTMA), Enugu State law-enforcement institutions were effectively Waste Management Agency (ENSWAMA), alienated from the indigenous peoples on whose Vehicle Inspection Office (VIO) established by soil they were operating. As captured by Odum the various states of the federation, etc. (2016), these colonial officials saw the Currently, the plan to establish the Nigerian indigenous peoples not just as natives but as Peace Corps (NPC) is underway and has gotten bloody natives and upon the departure of the to its final stage. Already, the National colonial masters, the security and law Assembly has passed the bill for the enforcement officials retained the derogatory establishment of this organisation but the „bloody‟ appellation and resorted to calling the presidential assent is still being awaited. It ordinary citizens bloody civilians. It is therefore appears however that the president has decided necessary to point out that it was not only the to withhold assent and some members of the foreign officials that alienated themselves from National Assembly are threatening to override the local people. The local people recruited into the presidential veto on the matter (Umoru, this establishment equally got themselves 2018). detached and alienated from the rest of their fellow citizens. In sum, the colonial law- THE ORIENTATION AND CHARACTER OF enforcement agents were not concerned with NIGERIAN LAW ENFORCEMENT AGENTS serving and protecting the citizens within their It has been noted already in this work that the immediate environment. They were rather history of modern law enforcement in Nigeria committed to serving British interests. Journal of Social Service and Welfare V1 ● I2 ● 2019 24
The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks? As rightly observed by Yecho (2015, p.23), it buttressed this position by highlighting the was the expectations of people that, upon the popular belief and allegations bordering on the granting of independence, the indigenous misuse of law enforcement agents by the government would overhaul the structure set up Federal Government for the purpose of serving by the colonial masters and establish a people- the selfish interests of top government officials. oriented police geared towards treating citizens Law enforcement agents in Nigeria conduct with dignity. In his words, “these expectations themselves in a manner that makes it seem as if were however dashed as the post-colonial they desire to be feared and remain friendly with government merely inherited the „form‟ and the ordinary citizens. For instance, despite the „content‟ of the colonial administration with fact that the police keep maintaining that they more emphasis on law and order approach of its are friends to the masses, the latter never takes predecessor”. It is in this same vein that this serious because the conduct of the officials Biereenu-Nnabugwu and Chukwujama (2014, p. cannot be reconciled with such claims. Again, 35)) assert that “there was STRUCTURAL the law enforcement agents appear to live with transfer of the Nigerian police from the British the belief that belonging to law-enforcement without FUNCTIONAL reform”. In effect, the organizations gives one the leverage to live orientation and character of law-enforcement above the law. In the light of this, they tend to institutions in Nigeria continued to bear marks exploit their positions. For instance, the sticker of its colonial heritage even within the era of of the Nigerian police, emblem of the military, independence. They continued to remain or insignia of any of the law enforcement alienated from the masses. This orientation and agencies pasted affixed to vehicles tend to attitude invariably persisted and permeated the confer the right of passage at check points. ranks of the newer law-enforcement agencies created within the independence era. In sum, the Nigerian law enforcement agents do not see the ordinary citizens as the primary Judging from the manner they operate, it beneficiaries of the law enforcement services. appears that the law-enforcement agents in They operate as mere tools in the hands of the Nigeria have the general belief that they are not powerful for the oppression of the defenceless meant to serve the common man; not meant to serve the weak and defenceless citizens. Hence, citizens. Given this outlook, the feelings, it is not uncommon to see law-enforcement choices and preferences of the masses find little agents intimidating, harassing, oppressing, or no space within the hearts of the agencies. As terrorizing, brutalising, and trampling upon the such, they view the ordinary citizens generally rights of defenceless individuals. They appear to as victims rather than beneficiaries of law enforce the law in a manner that is skewed enforcement. against the ordinary citizens. For instance, it is a STATEOF LAW AND ORDER IN NIGERIA common occurrence for police officers to AND THE MULTIPLICITY OF LAW capitalise on the ignorance, state of illiteracy, or defencelessness of some citizens to arrest, ENFORCEMENT AGENCIES detain, and extort money from them. It goes without saying that efficient law As observed by Odumosu (2017, p. 115), “many enforcement enthrones peace, security, and Nigerians feel they are above the law, and so orderliness in the society. As such, the state of break laws routinely with impunity”. Indeed, the security, peace, and orderliness in a particular class of individuals that break laws routinely environment can serve as a good yardstick for with impunity are top government functionaries measuring the level of efficiency of law and highly placed individuals within the society. enforcement within the society. Being the first These are the class of people the law- law-enforcement institution established by the enforcement agents appear committed to British colonialists, we can understand the sense protect. Such individuals move around with in which Adoyin and Agwanwo (2015) posited police or even military escorts and bodyguards. that the police once performed the roles of the In discussing the Nigerian police, for instance, other agencies that later came on board. These Kasali (2012) observes that the basic include the roles of Customs, Immigration, the preoccupation of the force is to serve the interest Department of State Services, the National and ensure security of the elite and a few Intelligence Agency, the Civil Defence Corps, wealthy individuals and organizations. He Road Safety Corps, Economic and Financial 25 Journal of Social Service and Welfare V1 ● I2 ● 2019
The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks? Crimes Commission, the National Drug Law and inter ethnic armed conflict began to escalate Enforcement Agency, etc. It is not out of place, with the passage of time. Corruption began to therefore, to expect that the creation of more grow by leaps and bounds and got to the extent agencies would make the tasks easier and that one can mistake it as being part of the enthrone higher level of organizational national symbols. Indeed, the rising cases of efficiency, security, and orderliness within the insecurity, indiscipline, corruption, society. disorderliness and other negative traits within the country were signs that the existing Though the structure and orientation of this institutions saddled with the responsibility of colonial establishment has been variously law enforcement have failed to deliver the described as being repressive, “worse than goods. Faced with the situation, the government inefficient”, and against the interests of the local chose to create new institutions instead of people (Don, 2014, p. 107), it has to be strengthening the existing ones. Hence, the conceded that it truly succeeded in achieving the government created the National Security basic objective for which it was created. It Organisation after the Head of State was cowed the local people and helped in keeping assassinated in 1976. In the same vein, the order and maintaining law as desired by the Federal Road Safety Commission and other law colonial masters. To that extent, one can say that enforcement agencies were created at a point the it justified the original reason for its creation, government felt that the Police Force was which includes suppressing, repressing, overwhelmed by some specific responsibilities it intimidating, and whipping the people in line had been saddled with. But to what extent has with the foreign-imposed rules. Notwithstanding these numerous agencies helped in the fact that the establishment was against the enthronement of law and order? indigenous people, law enforcement and compliance within that period can still be rated The state of security, peace, and orderliness in high. Nigeria has continued to degenerate as the country advanced with age. Okechukwu (2015, As at 1960 when Nigeria gained her p.48) observes that “there has been an independence, the police force was the primary unprecedented upsurge in criminality and law enforcement agency saddled with the violence of multifarious dimensions on alarming responsibility of dealing with the civil populace scale with the return to civil rule in 1999”. in terms of keeping order and maintaining law. Odumosu (2017, p. 115) minced no words in The implication is that they still performed most stating that there is pervasive lawlessness in of the roles enumerated by Adoyin and Nigeria and that most law enforcement officers Agwanwo (2015). Comparatively speaking, the in the country are routine law-breakers. This state of law and order during the early days of state of affairs can tell a lot about the state of independence was better than what is obtained law and order in a country. Indeed, the in recent times. Just as expected of every multiplicity of law enforcement institutions in dynamic society, the country started undergoing Nigeria has not led to efficient law enforcement certain national metamorphosis as she advanced in the country. Things appear to be getting in age. Among the changes witnessed in the worse in this direction as more agencies are country include what Odumegwu-Ojukwu being created. (1989) referred to as cancer of indiscipline. The political intolerance and conflict that led to the On a closer analysis, one can see certain collapse of the First Republic prepared the elements of duplication of functions in some of grounds for the incursion of the military into the agencies, which tends to create confusion politics. Subsequent activities of the military rather than promote orderliness. For instance, gave rise to a situation where the country lost there was a point the tension between the EFCC control of her armed forces. Coup d‟etat crept and the ICPC was palpable. The then ICPC into the country‟s lexicon and eventually chairman, Justice Emmanuel Ayoola, had to became a dominant feature within the country‟s complain about duplication of the functions of political scene. The civil war that ensued six both Commissions, particularly with regard to years after independence ruffled the social the overlap between the ICPC Anti-Corruption fabrics of the country in so many ways. For and Transparency Monitoring Units and the instance, violent crimes such as armed robbery EFCC Anti-Corruption and Transparency Journal of Social Service and Welfare V1 ● I2 ● 2019 26
The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks? Committees (https://en.wikipedia.org/wiki/ personnel resisted the attempt to seal off the Economic_and_Financial_Crimes_Commission Road Safety office as ordered by a court, the It is equally instructive that Oronsaye‟s former claimed that the confrontation started Presidential Committee on the Rationalisation because the police officers and soldiers and Restructuring of Federal Government assaulted a female Road Safety marshal. Parastatals, Commissions and Agencies, in its Akinkuotu (2017) also reported how officials of report, recommended the reduction of the the DSS and the EFCC were involved in a existing 263 statutory agencies of the Federal showdown for over thirteen hours on Tuesday, Government to 161. With regard to the law 21st November, 2017 when some DSS enforcement agencies, the report indicates that operatives resisted the EFCC officials in their there is duplication of functions involving the attempt to arrest the former Director General of Nigeria Police Force, FRSC, EFCC, ICPC, and the DSS, Ekpenyong Ita, who was being the NSCDC. Part of their recommendations was investigated for offences bordering on alleged that EFCC, ICPC, and the Code of Conduct theft and diversion of public funds. Similar Bureau should be consolidated into one anti incident equally occurred when the EFCC corruption agency; the FRSC should be operatives went to arrest the former Director abolished with their respective functions General of the NIA but were resisted by men of reverting to the police and other relevant the DSS. Hence, the Senate was prompted to agencies; the government should consider fusing wade in and institute a probe (Umoru, 2017). the NSCDC with the Police Force; etc(FGN, Such occurrences indicate that each agency is 2014). using its position to live above the law. The multiplicity of law enforcement agencies in It is already a known fact that, in Nigeria, law the country has, on several occasions, given rise enforcement operatives assist influential to incidents of lawlessness, tension, violence, individuals in breaking the law with impunity. It and insecurity. Iredia (2017) highlighted some is a common thing to come across cars bearing of the several incidents of clashes between the law enforcement officials (as escorts or security agents such as, the police and soldiers, orderlies) driving against the traffic or naval officers and policemen, NDLEA and Air disobeying other traffic rules. The force personnel, officers of the Nigerian Navy escorts/orderlies usually go out of their way to and operatives of the Special Anti-Robbery enforce the lawlessness – even if it means Squad (SARS), police and Air force men, etc. clashing with the officials of sister law Just as Mutum and Odeyemi (2014) gave enforcement agencies on duty. The clash account of how the police and the civil defence between the security men attached to the officials clashed in Abuja, The Nation (2016) Governor of Rivers State, Nyesom Wike, and reported how two officers of NSCDC were shot those attached to the Minister of Transport, Mr. and killed in a clash between officers of the Rotimi Amaechi, speaks volume in this regard NSCDC and the police in Calabar. These (see Akasike, 2017). clashes involving security agents who are Based on the foregoing, one can say that the supposed to be enforcing the law have become a multiplicity of law enforcement has not helped, common occurrence across the country. and may not likely help, in improving the poor In a sense, it can be said that the law state of law and order in the country. Perhaps, enforcement agencies constitute stumbling the major factor driving the multiplicity of law block to law enforcement. On 14th March, 2018, enforcement agencies is rooted in the for instance, the newsstand was hit with the consideration of creating employment story of a clash that occurred between the opportunities. This day Live (2016) hinted that officials of the FRSC on one hand, and soldiers despite the stiff opposition mounted by the and policemen attached to the Abuja police and the NSCDC on the grounds of Environmental Protection Board (AEPB) on the duplication of functions, the House of other. As reported by Ogundipe (2018), fracas Representatives still went ahead to pass the Bill broke out when the latter attempted to serve a for the establishment of the Peace Corps. From violation notice at the Road Safety office in what it appeared, the major argument advanced Wuse Zone 7. While the AEPB task force by the House of Reps was that establishing the members claimed that the Road Safety outfit would enhance youth empowerment. 27 Journal of Social Service and Welfare V1 ● I2 ● 2019
The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks? Again, many people expressed worry and state of peace, security, and orderliness, the apprehension when Oronsaye‟s Presidential country cannot account for the existence of Committee Report recommended the scrapping numerous law enforcement agencies. In fact, the of some of the law enforcement agencies. The country appears to be getting worse as main cause of worry for these set of individuals additional agencies are being created. The evil was not the impact of scrapping of the agencies of corruption keeps expanding in size and on law enforcement but its implication on the dimension while security challenges keep jobs of the affected individuals. Across the mounting higher. From what it seems, each country, there were no serious arguments additional agency created for the purpose of law indicating that the situation of law enforcement enforcement end up being trapped in the same would worsen should the agencies be scrapped. web that had jeopardised the efficient As pointed out by Adoyin and Agwanwo performance of the older ones. (2015), the different law enforcement agencies Corruption has permeated the fabrics of Nigeria. lack inter-agency cooperation and collaboration. This social cankerworm, which began on a The image they throw up to the members of the small scale, suddenly grew by leaps and bounds public is that of unnecessary rivalry and through a gradual process and has continued to competition for relevance. An example can be affect the efficiency of government institutions. drawn from what transpired when the aide of Thus, as new government agencies are being former Governor of Edo state, Adams created within the Nigerian environment, they Oshiomhole, was killed. While the police are exposed to the evil currents of corruption. If paraded some individuals whom they an existing agency failed due to the influence of (policemen) claimed had „confessed‟ to the corruption, it stands to reason that newer ones crime, the DSS paraded a different set of would fail once exposed to corrupt environment. individuals that were actually in possession of The implication of this is that creating a new the phones stolen from the deceased. Despite the agency simply because an older one is corrupt fact that the version of the DSS operatives and therefore inefficient cannot be a solution to sounded more credible, the police maintained solving the problem of inefficiency in the their stand. Thus, both agencies never worked system. For instance, many people shared the together to resolve the matter on a common impression that the FRSC officials were not ground. Again, lack of inter-agency corrupt as at the time they newly started their collaboration among the agencies manifests in operations. However, the same cannot be said the manner each agency sets to generate her about the agency presently. In like manner, data. When the FRSC proposed for a change and other newer law enforcement agencies cannot be fresh registration of number plates and new exonerated from corrupt practices. unified drivers licensing scheme, the agency hinged her reason on the need to generate The Nigerian environment is one that biometric data of vehicle owners and drivers. encourages the thriving of strong personalities Within the same period, the police equally rather than strong institutions. This manifests in began clamouring for the initiation of the different ways. For instance, the National BCMR (Biometric Central Motor Registration) Agency for Food and Drug Administration and in order to generate the biometric data of drivers Control (NAFDAC) is a government agency and vehicle owners. In an environment where that was formed in 1993. However, Nigerians there is inter agency collaboration, the biometric never felt the influence of the agency until Dora data generated by one agency is supposed to Akunyili became the Director General. The serve another agency that requires similar data. general opinion is that the performance of the agency has plummeted ever since she left the CONCLUDING REMARKS organization. Same goes with the EFCC, which Nigeria has several law enforcement agencies many people believed was bolder under the created over time through a gradual process. But incumbency of Nuhu Ribadu as the Chairman. the question remains whether the creation of Whether true or false, the impression being more and more agencies has helped in created is that the efficiency of an organization enthroning a better society with regard to largely depends on a single individual that is maintenance of law and order. Judging from the heading it. Thus, an organization only performs Journal of Social Service and Welfare V1 ● I2 ● 2019 28
The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks? well when it is „lucky‟ to have the right person with the northern citizens and would be harsher in place. This has been the fate of government while dealing with those from other parts of the agencies in Nigeria where the performance of country. On the other hand, the issue of federal agencies are determined by the „body language‟ character and making of appointments based on of the Chief executive. Again, it is a common considerations of favouritism creates thing for Nigerian presidents to abuse their opportunity for the wrong persons to be power by personalising government agencies. It employed or placed in a sensitive position is in this regard that one hears of a president within a law enforcement agency. By and large, using the law enforcement operatives to fight his this will affect the efficiency of the organisation. perceived enemies or that the federal government is misusing the law enforcement Given the Nigerian environment, there is no operatives and this in itself destroys the spirit of doubt that creating more agencies cannot help in law enforcement. Given this circumstance, enhancing law enforcement. The best option creating more agencies will translate into therefore is to strengthen the existing expanding the „war chest‟ of the president and organization towards performing better. One as such cannot promote efficient maintenance of such was to achieve this goal is to rid the law and order. organizations of the fundamental problems within the country, as enumerated above. There are strong indications that existing law enforcement agencies suffer from poor funding, REFERENCES which affects their operations generally. For [1] Aderinto, A.A. (2014). Policing and the politics instance, it is no longer a secret that one of the of law enforcement in Nigeria. In D.E. reasons Boko Haram, armed robbers, and other Agwanwo (Ed.), A Political economy of armed criminals usually overpower the police is policing in Nigeria, Vol. 1 (pp. 59-80). Makurdi: Aboki Publishers. because the latter operates with inferior weapons. It is common to hear that the police [2] Adoyin, O. and Agwanwo, D.E. (2015). Police could not get to the scene of crime promptly inter agency collaboration and the provision of security in Nigeria. In D.E. Agwanwo (Ed.), A because they lack operational facilities. Like the Political economy of policing in Nigeria, Vol. 2 officials in most government institutions within (pp. 103-120). Makurdi: Aboki Publishers. the country, law enforcement operatives are [3] Akani, C. (2014). Police violence in Nigeria. In living under the throes of poor/delayed salaries D.E. Agwanwo (Ed.), A Political economy of and uninspiring welfare package, which grossly policing in Nigeria, Vol. 1 (pp. 127-138). affects motivation. In an environment where the Makurdi: Aboki Publishers. government has the penchant for funding her [4] Akasike, C. (2017). Wike, Amaechi‟s security agencies poorly and neglecting the welfare of aides clash in Port Harcourt. In Punch, 12th workers, creating more agencies will even November. htpp://www.google.com.ng/amp/ compound the problem of funding and militate punchng.com/wike-amaechis-security-aides- against their performance generally. clash-in-port-harcourt/amp/ [5] Akinkuotu, E. (2017). Drama as DSS Nigeria is divided along ethnic lines and this has operatives stop EFCC from arresting ex-DG. In affected the pattern of social relations among the Punch, 22nd November. htpp://punchng.com/ different peoples from the various ethnicities in drama-as-dss-operatives-stop-efcc-from- the country. Nepotism and favouritism are part arresting-ex-dg/amp/ of the problems facing Nigeria and this equally [6] Alemika, E.E.O. (2003). Federalism and the affects the law enforcement agents in the police in Nigeria. In A.T. Gana and S.G. Egwu (Eds.), Federalism in Africa, Vol. Two: The performance of their duties. The comment imperative of democratic development (pp. reported to have been made by Governor 139-161). New Jersey: Africa World Press. Kashim Shettima to the effect that Generals [7] Allen, F. (2014). Police brutality in Nigeria: from southern Nigeria had recorded more Political context and forms.In D.E. Agwanwo progress than their northern counterparts in (Ed.), A Political economy of policing in fighting Boko Haram (Emewu, 2018) speaks Nigeria, Vol. 1(pp. 59-80). Makurdi: Aboki volume in this regard. The implication of this is Publishers. that law enforcement agents of the northern [8] Asenime, J.A. (2014). The evolution and extraction may relax the rules while dealing development of the Nigerian police force. In 29 Journal of Social Service and Welfare V1 ● I2 ● 2019
The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks? D.E. Agwanwo (Ed.), A Political economy of [22] Mutum, R. and Odeyemi, J. (2014). Gun shots policing in Nigeria, Vol. 1(pp. 1-25). Makurdi: as police civil defence clash. In Daily Trust, 5th Aboki Publishers. Sept. https://www.dailytrust.com.ng/daily/ [9] Biereenu-Nnabugwu, M. (2015). The Police news/33667-gun-shots-as-police-civil-defence- and the state in Nigeria. In D.E. Agwanwo clash (Ed.), A Political economy of policing in [23] Nwafor, P. (2017). Insecurity: FG mulls Nigeria, Vol. 2 (pp. 1-16). Makurdi: Aboki establishment of National Guard. In Vanguard, Publishers. 17 August. www.vanguardngr.com/2017/08/ [10] Biereenu-Nnabugwu, M. and Chukwujama, M. insecurity-fg-mulls-establishment-of-national- (2014). The socio-economic and political guard/amp/ environment of policing in Nigeria. In D.E. [24] Odum, M. (2016). Traffic law-enforcement Agwanwo (Ed.), A Political economy of architecture and efficient traffic management in policing in Nigeria, Vol. 1(pp. 26-58). Makurdi: Enugu state.South East Journal of Political Aboki Publishers. Science, 2(1), 231–249. [11] Daily Post (2017). Garba Rabiu: Between Nigerian Peace Corps and National Guard. [25] Odumegwu-Ojukwu, E. (1989). Because I am www.google.com.ng/amp/dailypost.ng/2017/09 involved. Ibadan: Spectrum Books. /07/garba-rabiu%E2%80%8B-nigerian-peace- [26] Odumosu, A.O. (2017). Destruction of the corps-national-guard/amp/ national fabrics and foundation: Evils of [12] Don, J.O. (2014). Zemiology, criminology and pervasive lawlessness and role of individual victimology of policing: An examination of accountability. In P.U. Nwangwu (Ed.), We the corrupt police practices in Nigeria. In D.E. people: Building a new democracy in Nigeria Agwanwo (Ed.), A Political economy of as a model for Africa (pp. 114-132). Texas: policing in Nigeria, Vol. 1(pp. 105-125). American Congressional Press. Makurdi: Aboki Publishers. [27] Ogundipe, S. (2018). Updated: Tension as [13] Emewu, I. (2018). Book Haram: Nigeria police, soldiers clash with road safety officers military angry governor praised south Nigeria in Abuja. In Premium Times, March 14. generals for progress against terrorists. In https://www.premiumtimesng.com/news/ Africa China Press and Research Centre. headlines/261751-updated-tension-as-police- http://africachinapresscentre.org/2018/02/06/ soldiers-clash-with-road-safety-officers-in- book-haram-nigeria-military-angry-governor- abuja.html praised-south-nigeria-generals-progress- [28] Okechukwu, O.P.E. (2015). Non-state actors terrorists/ and policing in transitional Nigeria: Challenges [14] FGN (2014). White paper on the report of the and options. In D.E. Agwanwo (Ed.), A presidential committee on restructuring and Political economy of policing in Nigeria, Vol. rationalization of Federal Government 2(pp. 49-85). Makurdi: Aboki Publishers. Parastatals, Commissions and Agencies. [29] Rollinson, D. (2008). Organisational behaviour Lagos: Federal Government Printer. and analysis: An integrated approach, 4th [15] French, W.L. and Bell, C.H. (1999). edition. Essex: Pearson Education Limited. Organisation development: Behavioural science interventions for organisational improvement, [30] Sapru, R.K. (2013). Administrative theories and 6th edition. New Jersey: Prentice Hall. management thought. Delhi: PHI Learning Private Limited. [16] http://frsc.gov.ng/about-us/what-we-do [31] The Nation (2016). Police kill two civil defence [17] http://icpc.gov.ng/icpc-history/ officers in Calabar. In The Nation Nigeria. [18] https://en.m.wikipedia.org/wiki/National_Secur https://www.google.com.ng/amp/thenationonlin ity_Organisation eng.net/police-kill-two-civil-defence-officers- [19] https://en.wikipedia.org/wiki/Economic_and_Fi calabar/amp/ nancial_Crimes_Commission [32] Thisday Live (2016). Who needs the Peace [20] Iredia, T. (2017). Enough of military/police Corps? https://www,thisdaylive.com/index.php/ clashes. In Vanguard, 4th June. www.google. 2016/06/28/who-needs-the-peace-corps/ com.ng/amp/s/www.vanguardngr.com/2017/06/ enough-military-police-clashes/amp/ [33] Umoru, H. (2017). Senate to probe clash between DSS, EFCC over arrest of ex-DSS, [21] Kasali, M. (2012). Analysing the evolution of NIA chiefs. In Vanguard, 22nd Nov. private security guards and their limitations to www.google.com.ng/amp/s/www.vanguardngr. security management in Nigeria. African com/2017/11/senate-probe-clash-dss-efcc-arrest Journal of Criminology and Justice Studies. -ex-dss-nia-chiefs/amp/ (5(1&2), 32-48. Journal of Social Service and Welfare V1 ● I2 ● 2019 30
The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks? [34] Umoru, H. (2018). Peace Corps Bill: Senate [35] Yecho, J.I. (2015). Culture, ethnicity and moves to override Buhari‟s veto. In Vanguard, policing in Nigeria. In D.E. Agwanwo (Ed.), A March, 8. https://www.vanguardngr.com/2018/ Political economy of policing in Nigeria, Vol. 03/peace-corps-bill-senate-moves-override- 2(pp. 15-30). Makurdi: Aboki Publishers buharis-veto/www.nscdc.gov.ng Citation: Odum, Mbanefo, “The Multiplicity of Law Enforcement Agencies and the State of Law and Orderin Nigeria: A Case of too many Cooks?”, Journal of Social Service and Welfare, 1(2), 2019, pp. 20-31. Copyright: © 2019 Odum, Mbanefo. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. 31 Journal of Social Service and Welfare V1 ● I2 ● 2019
You can also read