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Monday Ubani’s Call for Caution and Deliberation in State Policing and Governance Reform

There is a need to address concerns regarding the potential misuse and abuse of state policing powers by state governors. Robust safeguards and accountability mechanisms must be incorporated into any legislative framework to prevent authoritarian tendencies and safeguard citizens’ rights.

Published

2 months ago

February 24, 2024

Stella Charles Akupue

Monday Ubani's Call for Caution and Deliberation in State Policing and Governance Reform

Monday Onyekachi Ubani is a prominent legal practitioner and former chairman of the Nigerian Bar Association Section On Public Interest And Development Law (NBA-SPIDEL). With a wealth of experience in legal matters and public interest advocacy, Ubani has emerged as a leading voice on Nigeria’s governance, constitutional law, and human rights issues.

His insights and expertise are highly regarded within legal circles and among policymakers, making his perspectives on state policing and governance reform particularly noteworthy.

Amidst growing concerns over security challenges plaguing Nigeria, President Bola Ahmed Tinubu has taken a decisive step by greenlighting the formation of a committee comprising 36 state governors and federal government representatives.

This committee is tasked with delving into the intricacies of establishing state police to address the country’s pressing security issues. The decision was made following a high-level meeting attended by the president, state governors, Vice President Kashim Shetimma, the national security adviser, the inspector general of police, the director general of the DSS, and several ministers at the State House in Abuja.

While the prospect of state policing offers potential solutions to Nigeria’s security woes, Dr Monday Onyekachi Ubani, the former chairman of the Nigerian Bar Association Section On Public Interest And Development Law, urges caution against hasty implementation.

In a detailed analysis, Ubani underscores the legal hurdles that must be overcome and the need for thorough preparation and commitment before transitioning to state policing.

One of the primary obstacles Ubani highlights is the constitutional framework, particularly the provisions of the 1999 constitution, which designates the Nigerian police force as the sole entity responsible for internal security. Any deviation from this framework would require comprehensive constitutional amendments.

Ubani stresses the importance of aligning any move towards state policing with constitutional provisions and ensuring that states possess both the capacity and willingness to handle such responsibilities effectively.

Furthermore, Ubani raises valid concerns regarding the potential abuse of power by state governors if granted control over state police forces. He emphasizes the necessity of robust constitutional safeguards to prevent abuse and ensure accountability.

Criteria must be established to determine which states are adequately prepared for state policing, considering factors such as capacity and the risk of abuse.

In addition to addressing the challenges of state policing, Ubani also weighs in on the proposition to transition to a parliamentary system of government. While acknowledging the potential benefits touted by proponents of this system, Ubani warns against the instability and tension that may arise from such a drastic change. He argues that Nigeria’s diverse and heterogeneous nature necessitates the presidential system for stability and unity.

Ubani further elaborates on the dangers of state policing, pointing out the risk of politicization and manipulation of law enforcement agencies by state authorities. He emphasizes the need for strict checks and balances to prevent misuse of power and ensure impartiality in law enforcement.

Regarding the difference between the presidential and parliamentary systems, Ubani provides insights into their strengths and weaknesses. While the presidential system offers stability and a clear separation of powers, the parliamentary system promotes cooperation and responsive policymaking. However, Ubani contends that Nigeria’s socio-political context favours the presidential system, which provides a single executive authority accountable to the people.

In conclusion, Ubani advocates for a meticulous and inclusive approach to constitutional amendments, stressing the importance of engaging stakeholders from various sectors of society. He emphasizes the need for a constitution derived from the consensus of the Nigerian people rather than continuous amendments to the current military-imposed constitution.

Ubani’s comprehensive insights shed light on the multifaceted challenges surrounding the agitation for state policing and governance system reforms. His call for careful consideration and thorough deliberation resonates as Nigeria navigates the complex terrain of security and governance reform.

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