Court of Appeal Declares Police Act 2020 Unconstitutional, Voids President Buhari's Police Reform Promise

Strategic Insights -

The Court of Appeal has declared the Police Act 2020 unconstitutional, nullifying President Muhammadu Buhari's promise to reform the Nigeria Police Force amidst continued #EndSARS protests across the country. Analysts believe this nullification is a serious setback for President Buhari and the National Assembly, which signed the bill into law. The Police Service Commission, however, has stated that it will soon make public its program of action in respect of recruitments into the Constable Cadre of the Nigeria Police Force and admission into the Police Academy.

Key Takeaways:

  • The Court of Appeal declared the Police Act 2020 unconstitutional, nullifying President Buhari's promise to reform the Nigeria Police Force.
  • The judgment ruled that the provision of the act conflicted with paragraph 30 Part 1 of the Third Schedule to the 1999 Constitution, which empowers the commission to appoint persons into offices in the Nigeria Police Force except for the Office of the Inspector-General of Police.
  • Senior lawyers have called for holistic constitutional amendment to incorporate reforms of the Nigerian Police Force, saying it cannot be done by acts of parliament.
  • The Police Service Commission has announced that it will soon make public its program of action in respect of recruitments into the Constable Cadre of the Nigeria Police Force and admission into the Police Academy.
  • Governors elected on the platform of the Peoples Democratic Party (PDP) have described some sections of the newly signed Police Act 2020 as 'unconstitutional' and demanded the immediate repeal of all controversial sections.
  • The PDP governors criticized the deductions from the Federation Account for the Nigeria Police Trust Fund, calling it patently unconstitutional.
  • The Force Headquarters has stated that no former operative of the disbanded Special Anti-Robbery Squad (SARS) will be part of the new Special Weapons and Tactics (SWAT) unit.
  • Hoodlums attacked #EndSARS protesters in Abuja, causing gridlock and vandalizing at least five cars parked in the area.
  • Governors of various states have been advised to consult with the Police Service Commission on the deployment of police commissioners to the states.

Statistics:

  • 5 vehicles were vandalized during the clash between #EndSARS protesters and hoodlums in Abuja.
  • The Police Service Commission has stated that it will make public its program of action in respect of recruitments into the Constable Cadre of the Nigeria Police Force and admission into the Police Academy.
  • 0.5% of the total revenue accruing to the Federation Account has been deducted for the benefit of the Nigeria Police Trust Fund, as authorized by Section 4(1) of the Nigeria Police Trust Fund (Establishment) Act, 2019.

Sources:

  • The Court of Appeal judgment, as contained in the Certified True Copy received by the Police Service Commission on Wednesday.
  • Statement signed by the Police Service Commission's Head of Press and Public Relations, Mr Ikechukwu Ani.
  • Daily Trust, September 16, 2020.
  • Daily Trust, September 17, 2020.
  • AllAfrica Global Media (allafrica.com).