blinx complete project

AN APPRAISAL OF THE POWERS AND FUNCTIONS OF THE POLICE SERVICE COMMISSION IN NIGERIA
i
AN APPRAISAL OF THE POWERS
AND FUNCTIONS OF THE POLICE
SERVICE COMMISSION IN NIGERIA
BY
MUKTAR GARBA FAHAD
U10SH1017
BEING A LONG ESSAY PROJECT SUBMITTED TO
THE FACULTY OF LAW, AHMADU BELLO
UNIVERSITY, ZARIA. IN PARTIAL FULFILLMENT
OF THE REQUIREMENT FOR THE AWARD OF
BACHELOR OF LAWS DEGREE WITH
SPECIALIZATION IN ISLAMIC LAW, LL.B (HONS).

ii
AUGUST, 2016.

iii
© MUKTAR GARBA FAHAD, 2016
All rights reserved. No part of this essay should be reproduced,
stored in a retrieval system or transmitted in any form or by
any means whatsoever except with the express permission of
the author.

iv
DECLARATION
I hereby declare that the work in this long essay project
entitled “AN APPRAISAL OF THE POWERS AND FUNCTIONS
OF THE POLICE SERVICE COMMISSION IN NIGERIA” has
been performed by me in the Private Law Department, Faculty
of Law; Ahmadu Bello University Zaria, under the able
supervision of Barr. DAHIRU M. SANI Esq. It has not been
submitted on any previous application for a Degree in any
university. All authorities are sustained in the footnotes and
sources of information are duly acknowledged by a list of
references.
___________________________
MUKTAR GARBA FAHAD
Ahmadu Bello University, Zaria – Nigeria.

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DEDICATION
I dedicate this long essay to my Father, a hero, comrade and
respectable politician. A Father like no other, whom to me his
position is Sui Generes, Alhaji Muktar Garba and My
beloveth Mother Hajiya Aishatu Garba and My Sibling who
are my world best trio; Fatima Muktar Garba, Fa’iz Muktar
Garba, Fawaz Muktar Garba.

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ACKNOWLEDGEMENT
My profound gratitude to Allah, Most Gracious Most
merciful, who gave me life, ability and guidance throughout
this endeavor. Also, my deepest and sincerest appreciation
goes to my parent, ALHAJI MUKTAR GARBA and HAJIYA
AISHATU GARBA for their unconditional love, support,
advice, care, and attention which made me who am I today.
May Allah guide, bless, and protect them for their relentless
effort toward my success. I love you both.
I would also like to acknowledge the thorough support
and guidance of DR. AHMED GITAL who contributed more
than enough toward my achieving this success . I am most
grateful Sir, for all the kind gesture and time. May Allah
safeguard and protect you and your family.

vii
This acknowledgement would be incomplete without
expressing my gratitude to the sound supervision and
guidance of my learned and able supervisor without whom this
work would not have become a reality in person of BARR.
DAHIRU M SANI. Thank you Sir.
I will also like to appreciate the sincerest care, trust,
and friendship of my learned principal BARR. H.A SAUBANA
and his wife HADIZA SAUBANA as well as their sibling.
Again I will like to express my appreciation to the entire
members of My Family for their relentless effort, courage,
kindness and affection towards my achievements in this life.
Thank you and I love you all.
The following persons are worthy of praise and recognition
because they were there for me in this struggle one way or the

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other; AUWAL IBRAHIM MUHAMMAD, AUWAL MUKHTAR
USMAN, KABIRU AHMAD GITAL, BIG DADDY, BILAL and
others too numerous to mention. I salute you all.

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LIST OF ABBEREVIATIONS
ALL FWLR- ALL FEDERATION WEEKLY LAW REPORTS
CFRN- CONSTITUTION OF THE FEDERAL REPUBLIC OF
NIGERIA
CLEEN- CENTRE FOR LAW ENFORCEMENT EDUCATION
EFCC- ECONOMIC AND FINANCIAL CRIMES COMMISSION
Ibid- IBIDEM
ICPC- INDEPENDENT CORRUPT PRACTICES AND OTHER
RELATED OFFENCES COMMISSION
IGP- INSPECTOR-GENERAL OF POLICE
LFN- LAWS OF FEDERATION OF NIGERIAS
NWLR- NIGERIAN WEEKLY LAW REPORT
Op Cit- OPERA CITATO
PSC- POLICE SERVICE COMMISSION

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LIST OF STATUTES
CONSTITUTION OF THE FEDERAL REPUPLIC OF
NIGERIA,1999
INTERPRETATION ACT, 1945
LAND USE ACT CAP. L24 LFN, 2004
POLICE ACT CAP. P19 LFN, 2004
POLICE SERVICE COMMISSION (ESTABLISHMENT) ACT,
2001
POLICE SERVICE COMMISSION (MEMBERSHIP) ACT, 1980

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LISTS OF CASES
KONWEI V. IGP & ORS (2007) ALL FWLR (PT.391) 1699
NDILI V. AKINUMADE (2000) 8 NWLR (PT.668) 293
WILLIAM IMADE V. IGP & ORS (1993) 11 NWLR (PT.271) 608

xii
CHAPTERIZATION
CHAPTER ONE- GENERAL INTRODUCTION
1.1 Background of the Study - - - - - -
-
1.2 Statement of Problems - - - - - -
-
1.3 Aims and Objectives - - - - - - -
-
1.4 Scope of the Research - - - - - -
-
1.5 Justification of the Research - - - - -
-
1.6 Research Methodology - - - - - -
-
1.7 Literature Review - - - - - - -
-

xiii
1.8 Organizational Layout - - - - - - -
-
CHAPTER TWO- THE NIGERIA POLICE SERVICE
COMMISSION
2.1 Introduction - - - - - - - -
-
2.2 Establishment of the police service commission- -
-
2.3 Development of the police service commission- -
2.4 Aims and objectives of the police service commission-
-
2.4.1 Achievements of the police service commission- -
-
2.4.2 Problems and Challenges of the police service
commission-
2.5 Organization and administration of the commission of the

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commission - - - - - - - - -
-
CHAPTER THREE- POWERS OF THE POLICE SERVICE
COMMISSION
3.1 Introduction - - - - - - - -
-
3.2 Appointment of Police Officers- - - - - -
-
3.3 Promotion of Police Officers - - - - -
-
3.4 Discipline of the police officers - - - - -
-
3.5 Dismissal of Police Officers- - - - - -
-
3.6 Delegation of authority - - - - - - -

xv
CHAPTER FOUR- FUNCTIONS OF THE POLICE SERVICE
COMMISSION
4.1 Introduction- - - - - - - - -
-
4.2 Governance and Oversight of the Nigeria Police Force-
-
4.3 Policy formulation and implementation of the police force
-
4.4 pay staff of the commission- - - - - -
-
4.5 Entering into contracts when necessary- - - -
-

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CHAPTER FIVE- SUMMARY AND CONCLUSION
5.1 Summary- - - - - - - - -
-
5.2 Observations - - - - - - - -
-
5.3 Recommendations - - - - - - -
-
5.4 Conclusion- - - - - - - - -
-

xvii

1
CHAPTER ONE- GENERAL INTRODUCTION
1.1. BACKGROUND OF THE STUDY
The powers and functions of the Police Service
Commission which is the object of this essay are contained
mainly in the Police Service Commission (Establishment) Act1,
a part thereof in the Constitution of the Federal Republic of
Nigeria2, and other enactments such as the Police Act.3
The main duties of the commission are related to the
appointment, promotion, discipline and dismissal of members
or officers of the Nigeria Police Force. It is a Federal
Government establishment to serve as an oversight
mechanism, and look into the activities of the Police Force on
the basis of the above mentioned obligations. Relating to this
1 No. 15 of 2001
2 1999 (as amended) Cap. C20 Laws of Federation of Nigeria 2004
3 Cap. C19 LFN 2004

2
are functions of the Nigeria Police Council as provided under
the Constitution4 charged with the responsibility of
recommending the appointment of the Inspector-General of
Police, a power the Police Service Commission do not have.
The Commission is established with the responsibility of
appointment of persons into offices in the Nigeria Police Force,
other than the office of the Inspector-General of Police who is
appointed directly by the President; dismissal of any Police
Officer, other than the Inspector-General of Police for any
misconduct or offence contrary to the rules of the Police Force;
exercise of disciplinary control over any person holding an
office in the Nigeria Police Force; and dismissal of officers in
the Nigeria Police Force other than the Office of the Inspector-
General of Police. The Commission also has the power to
4 Section 27 of Part1, Third Schedule to the 1999 Constitution of Nigeria

3
formulate policies and implement them as such in ensuring
stability and efficiency in the Police Force. Thus, the reason for
the establishment of the Commission was to regulate the
above activities in the Police Force and check the inadequacies
under appointment, recruitment, dismissal, promotion,
discipline and corruption.
1.2 STATEMENT OF PROBLEMS
The Police Service Commission being the oversight body
of the activities of the police is short of powers in order to
carry out its statutory duties. The major problems facing the
Commission are corruption; absence of a strong working
relationship between the Commission, the Nigeria Police
Council and the Ministry of Police Affairs; lack of an avenue
for interaction and reception of complaints as well as
recommendations from the public; loss of confidence in the

4
police; absence of a legal framework for police accountability
in Nigeria; weakness, inefficiency and lack of coordination of
the various oversight bodies including the Police Service
Commission. It is also clear that the nation’s problems is that
of lack of legal will reflected in failure to provide assistance to
poor citizens to indicate their grievances though the judiciary
.These problems and others would be extensively discussed in
this research.
1.3 AIMS AND OBJECTIVES
The main aim and objective of this essay is a detailed
explanation of the powers and functions of the Police Service
Commission in Nigeria. Also, it is pertinent to know how
effective are the activities of the Commission in exercising the
roles vested upon it by law considering the security challenge
facing this country and the high rate of corruption that has

5
eaten deep into the system. The security (protection of lives
and properties) of the nation is solely in the hands of the
Police Force and the Police Service Commission regulates some
of its activities, and also how the commission make the
relationship between the public and police one of trust and
confidence and how the commission focus on updating its
internal mechanisms for checking corruption as well as
enhancing the police role in the investigation of crime and
complaint.
1.4 SCOPE OF THE RESEARCH
This research is limited to examining the powers and
functions of the Police Service Commission in Nigeria with a
view of exposing the problems or challenges facing the
Commission and the necessary reforms needed. The research
will rely on the Police Service Commission (Establishment)

6
Act5, the Nigerian Constitution6 and the Police Act7 as statutes
regulating the activities of the Police Service Commission as
oversight body of the Nigeria Police Force.
1.5 RESEARCH METHODOLOGY
The methodology adopted for the purpose of this research
is doctrinal. This is because relevant and recent information
relating to the subject-matter of the research will be achieved
from various Statutes, Case Law, Journals, Articles, Textbooks
and other relevant materials on the subject-matter.
1.6 JUSTIFICATION OF THE RESEARCH
This essay, like any other work in the academic discipline
will serve as a source of knowledge and experience as to the
5 No. 15 of 2001
6 1999 as amended
7 Cap. C19 LFN 2004

7
nature, scope, powers and functions of the Police Service
Commission in Nigeria. Law students, Lawyers, Police Officers
and other private individuals may use this piece of work in
order to know what the powers and functions of the Police
Service Commission are, and their limitations in exercising
those powers and carrying out those functions.
Invariably, this essay will enlighten the general public
about the activities, powers and limitations of the Police
Service Commission.
1.7 LITERATURE REVIEW
Usoh8, commented on the Nigeria Police Force, their
duties in the administration of justice and law enforcement in
Nigeria. There should be a clear understanding of the task of
8 Usoh, A.V. (2014) “PolicingAnd Law Enforcement In Nigeria” Being A Course Guide For School Of Arts
And Sciences,National Open University Of Nigeria

8
policing and law enforcement in Nigeria, how it came about,
with the philosophy and rationale behind it, the challenges of
policing in the Nigerian society, the organizational structure of
the Police Force, the concept of community policing,
contemporary challenges and possible solutions to those
challenges.
Owen9, discussed relevant issues in this area of research
relating to policing and politics in the Police Force and its
effects, corruption which has run deep into its system, issue of
recruitment and the necessary reforms needed in the police for
its efficiency and effectiveness in protecting lives and
properties, investigation of complaints by the Police Service
Commission, governance, state police and policy
implementation, but failed to recognize the relationship
9 Owen, O. (2014) “The Nigeria PoliceForce: Predicaments And Possibilities”Nigeria Research Network
WorkingPaper No. 15

9
between the Police Force, the Nigeria Police Council and the
Police Service Commission, and their interrelatedness in
ensuring effective discharge of the duties of the police. This
research will look at the legal relationship existing between the
three bodies being the oversight mechanism of the activities of
the police. This is because politics and lobbying should be
kept out of the police in terms of recruitment, promotion and
appointment.
Dambazau10, analyzed the contemporary issues affecting
the police which are corruption, abuse of human rights and
welfare. Elaborations in details were made as regard the above
issues, without prescribing any solution to such problems.
These are very sensitive issues that need attention because the
police cannot perform effectively and efficiently in discharging
10 Dambazau, A.B. (2007) Criminology And Criminal Justice, Spectrum Books Limited, Ibadan

10
their duties as protectors of the society when problems like
this exist within the force. However, no single measure for
eliminating these threats to security was provided. There
should be necessary reforms needed for a vibrant police in
Nigeria because without stability, human lives and their
properties are in jeopardy.
Onwubiko11 stated that the near comatose police are
replete with divergent but overwhelming evidence of
corruption, indiscipline and lack of professionalism. It is a
notorious fact that some officers lobby intensely for
promotions which may result in compromise of the police. He
stated the several allegations of violation of extant statutes
meant to promote highest professional standards,
transparency and accountability on the Chairman of the Police
11 Onwubiko, E. (2012) The Rot In The Police Service Commission The Punch Newspaper, 21st February
2015

11
Service Commission. However, many reports of misconduct in
the Commission were not reported to either the EFCC or the
ICPC because the Chairman of EFCC and Director of ICPC are
under the direct control of the Commission. This is a serious
impediment to the efficiency of the Police Force. This
inadequacy should be addressed and that there should be
impartiality in any investigation and disciplinary measures to
be carried out by the commission because it has control over
persons that will chair the investigation.
Alemika12, discussed the meaning, concept and
dimensions of accountability. The paper has identified the
levels of accountability, police accountability mechanisms in
trying to guarantee order, safety, and security; functions,
powers, organisation and command of the Police Force, and
12 Alemika, E.E.O and Chukwuma, I.C (eds) Civilian Oversight And Accountability Of Police In Nigeria, CLEEN
and PoliceService Commission (2003)

12
police accountability with its framework and limitations. The
external mechanisms of police accountability i.e. the Nigeria
Police Council and the Police Service Commission with their
establishment, composition, functions, powers and above all
the several factors that hinder the realization of potential by
the Commission were extensively debated.
CLEEN13, addressed the issue of accountability of the
Nigeria Police Force to the Police Service Commission as well
as an insight into the activities of the Commission. This is due
to the loss of confidence in the police by the public leading to
the explosion of anti-social behaviours and non-constitutional
agencies taking the law into their hands. One of the tasks
facing the country is the loss of confidence in the police by the
general public, and the reestablishment of a sense of
13 Alemika, E.E.O and Chukwuma, I.C (eds) Civilian Oversight And Accountability Of Police In Nigeria Op.cit
, p.5

13
confidence on the part of the general public in the efficiency,
fairness and impartiality of the police. It was recommended
that the lost confidence can be restored or re-established in
the police by the public through the Police Service Commission
to do what is necessary and eliminate any misconception in
the minds of the people. The Commission resolved to create an
avenue towards the systematic treatment of communications
and complaints by members of the public on police conduct.
The goal of the commission should be to ensure that no
comment by members of the public on the conduct of any
police officer-whether to commend or condemn-should simply
get lost in the system, but that every complaint is considered
and dealt with accordingly. It is only then that Nigeria can
truly begin to talk of true oversight of its Police Force, and the
oversight rests not only with the PSC, but with the public in

14
general. Therefore, the solutions as proffered can solve the
challenges faced by the Police Service Commission as the
oversight body of the Nigeria Police Force.
The external police accountability and the police service
commission monograph14 extensively discussed contemporary
issues in the Police Service Commission. The principal agency
charged with the responsibility of internal peace and security
of nations is the police, who wield a lot of powers in performing
its duties. And as such, if these powers are not subjected to a
mechanism of accountability, the rights and freedom of
citizens can be adversely affected. The overwhelming powers of
the police to carry out surveillance, arrest, investigation,
interrogation, detention, bail and prosecution, in order to
enhance their capability to guarantee the fundamental human
14 External Police Accountability And The Police Service Commission, Monograph Series No. 19

15
rights and freedom of citizens require a strong measure of
oversight that can make them accountable through an
external mechanism-the Police Service Commission. It had
been found out that while multiple institutions of external and
internal oversight exist to make the police accountable to the
public, the institutions are largely weak, ineffective and
uncoordinated. Also, political interference and desperation of
the leadership of the Police Service Commission to maintain
an overriding influence over the police cannot be achieved due
to lack of adequate resources and political will to carry out its
statutory responsibilities, which has led to the commission’s
inability to follow its concrete strategy and plans, poor
coordination and integration between the different roles, and
total absence of performance evaluation framework to measure
progress of the commission. The PSC is vested with enormous

16
powers by the commission and has clear oversight
responsibilities in the areas of recruitment, appointment,
promotion, dismissal, and general performance of police
officers. The recommendations made are to galvanize and
harmonize stakeholders along with the role of the Police
Service Commission in Nigeria’s Fledging democracy, its
significance in ensuring police recommendation, adherence to
the rule of law, cordial police/public relationship and police
personal transparency, accountability and professionalism.
The structure and appointment process for the leadership of
the commission is critical and as such, the need to open up
the process of appointment for debate and get members of the
public contributions to the process as part of the ongoing
dialogue of repositioning the Police Service and policing in the
country.

17
Odinkalu15, proffered solutions to the problems of the
police in Nigeria and the necessary reforms needed, ranging
from participation of the public and local communities in
policing, forensic policing, and effective civilian oversight and
addressing the policing needs of vulnerable communities.
Alemika16, discussed the meaning, concept and
dimension of accountability and identifying the levels of
accountability. Also, discussions were made about the police
accountability mechanisms in trying to guarantee order, safety
and security; functions, powers, organisation and command of
the Police Force, and police accountability in Nigeria with its
framework and limitations. The external mechanisms of police
accountability (the Police Council and the Police Service
15 Odinkalu,C.A reforming the police in Nigeria. In Alemika, E.E.O and Chukwuma, I.C (eds) Civilian
Oversight And Accountability Of Police In Nigeria, CLEEN and PoliceServiceCommission (2003)
16 Alemika, E.O. Significance Of External Police Oversight And Accountability Mechanisms Presented At
The PoliceExecutive Forum Organized By CLEEN Foundation And JusticeFor All(J4A), Programme of DFID
30/04/2013

18
Commission) with their establishment, composition, functions
under the constitution, membership and above all, the several
factors that hinder the realization of potential by the
Commission.
Odekunle17, stated that the objectives of policing which is
to provide security or at least a social and psychological feeling
of security for the citizens at anytime and everywhere. And,
the yardstick for measuring successful policing should be
ensured by the Commission being an oversight body of the
activities of the police in Nigeria. The inadequacies, problems
and obstacles to efficient and effective policing in Nigeria are
those relating to material inadequacies, human problems and
others too numerous to mention. The suggestions made were
17 Odekunle, F. (2005) Overview Of Policing In Nigeria: Problems And Suggestions, CLEEN Foundation

19
directed particularly at behavioural and attitudinal re-
orientation to achieve a long lasting solution.
Ojo18, provided the legal framework for police
accountability in Nigeria and responsibilities vested on the
Commission and the Police Council by the Constitution. In-
depth analysis of the activities of the Commission was made
with specific reference to the Police Service Commission
(Establishment) Act.
Chukwuma19 suggested a review of the Code of Conduct
of the Police contained in the Police Act, seeking to reduce its
length and create easy memorisation and internalization by
police officers in Nigeria. The committee to do the review
should be set up by members of the Police Service Commission
18 Ojo,E. The Role Of The Media In Ensuring Police Accountability In Nigeria Media Rights Agenda, Lagos
19 Chukwuma, I. Internal Disciplinary Systems As Important Compliment To External Oversight Of Police In
Nigeria. In Alemika, E.E.O and Chukwuma, I.C (eds) Civilian Oversight And Accountability Of Police In
Nigeria, CLEEN and PoliceServiceCommission (2003)

20
and Nigeria Police Force, and also solicit the inputs of civil
society groups working on police reform in Nigeria. For
example, CLEEN Foundation.
Okeke20 made a comment about the need for the
enhanced capacity of the Commission in its service delivery, in
order to create an opportunity for the contribution of the
various stakeholders to forge a strategic direction in its
operation. And that there should be an avenue to highlight the
importance of the Commission as a civilian and democratic
institution open to members of the public to give expression to
their opinions, complaints and recommendations in the
conduct and activities of the officers and men of the Police
Force. The goal of good policing should be achieved by all
20 Ehindero, S. Investigation And Discipline Of Police Personnel By The Nigeria Police Force. In Alemika,
E.E.O and Chukwuma, I.C (eds) Civilian Oversight And Accountability Of Police In Nigeria, CLEEN and Police
Service Commission (2003)

21
stakeholders to ensure efficiency and good security of lives
and properties.
1.8 ORGANIZATIONAL LAYOUT
Chapter one lays a general foundation and framework for
the whole essay. It is the introductory part containing
background of the study, aims and objectives, scope of the
research, justification of the research, research methodology,
literature review and organizational layout.
Chapter two deals with the Police Service Commission
itself, and a detailed explanation of its development over the
years, establishment, administration and organization for the
effective and efficient management of the affairs of the Nigeria
Police Force.
Chapter three deals with the powers and functions of the
Police Service Commission, in the efficient and effective

22
implementation of its policies and execution of its statutory
duties. This chapter further discusses the appointment,
promotion, discipline and dismissal of Police Officers other
than the Inspector-General of Police according to law by the
Police Service Commission. It also discusses policy
formulation and implementation, as well as the payment of
staff of the commission, and delegation of authority to any
Officer under the Act.
Chapter four discusses about the Nigeria Police Council,
relationship existing between the Police Service Commission
and the Nigeria Police Council, their membership, their role of
governance and oversight function over the Nigeria Police
Force, achievements of the Police Service Commission, the
challenges it has been facing over the years, and the utmost

23
need for reform in order to solve such problems because they
affect the Police Force as a consequence.
Chapter five is the conclusive part, which entails the
summary of the entire research work done, some observations
noticed in the course of carrying out the research,
recommendations and finally, conclusion of the research.

24
CHAPTER TWO- THE POLICE SERVICE COMMISSION
2.1 INTRODUCTION
The Police Service Commission is the civilian oversight
mechanism established by the Constitution1 for the Nigeria
Police Force, in trying to ensure its optimum success in
carrying out its main objective of ensuring security of lives and
properties of the people living within the boundaries of Nigeria.
It is responsible for the promotion, appointment and discipline
of all police officers except the Inspector-General of Police. It
shall collaborate, cooperate and work with all the governors of
federating states of Police as members to turn the Police
1 Section 153, 1999 Constitution of Nigeria Cap.C23 LFN 2004

25
around and enable it to meet the challenges of the 21st
Century2.
This chapter will succinctly discuss issues relating to the
historical development of the Commission over the years,
establishment of the Commission, its organization and
administration. The efficiency and effectiveness of the
Commission is paramount in view of its responsibility of being
the accountability and oversight mechanism of the Nigeria
Police Force. Without the Commission, the police force will not
be able to meet its demand and expectations.
2.2 ESTABLISHMENT OF THE POLICE SERVICE
COMMISSION
The Police Service Commission is a Federal Executive
body established by the Police Service Commission
2 Usoh,V.A Op.cit

26
(Establishment) Act3. This is in line with the provision of the
Constitution4 that there should be established for the
federation the Police Service Commission with powers and
functions as prescribed under the Act. The preamble to the
Act5 provides thus, "An Act to establish the Police Service
Commission which shall be charged with the responsibility
among other things to appoint persons to offices (other than
the office of the Inspector-General of Police) in Nigeria Police
Force and to dismiss and exercise disciplinary control over any
person holding office in the Nigeria Police Force (other than the
Inspector-General of Police) and for related purposes. Section
1 provides that "there is hereby established a body to be
known as the Police Service Commission (in this Act referred
to as "the Commission"). The Commission shall have a body
3 No 1 of 2001
4 S.153 (1) (m) op.cit
5 No 1 of 2001

27
corporate with perpetual succession and a common seal, and
may sue and be sued in its corporate name. The headquarters
of the Commission shall be situated at the Federal Capital
Territory, Abuja and nowhere else.
The Police Service Commission, by its constitutional and
statutory powers, was established as a civilian oversight body
of the Nigeria Police Force. According to these provisions, the
Police Service Commission is empowered, inter alia, to
appoint, promote, dismiss and exercise disciplinary control
over personnel in the Nigeria Police Force other than the
Inspector-General of Police6.
6 S.6 & 7 ibid

28
2.3 DEVELOPMENT OF THE POLICE SERVICE
COMMISSION
Before Nigeria's Independence on 1st October 1960, the
administration of the Colonial Police Force was governed by
the 1954 Constitution, which gave the Governor-General the
power to appoint, promote, discipline, post and transfer all
officers of the Nigeria Police Force, in consultation with the
Secretary of State. At Independence, the 1960 Constitution
saw the establishment of a Police Service Commission with
powers to appoint, promote, transfer, dismiss and exercise
disciplinary powers over all police officers from Constable to
the Inspector-General of Police7.
7 http://psc.gov.ng visited on 10/07/2016
8 CFRN 1960 (independence constitution)

29
The Commission, according to Section 102 of the
Constitution8 was composed of two to four members appointed
by the Governor-General on the advice of the Prime-Minister,
with one of the members a judge of the High Court. In the
exercise of its functions then, the Commission could, with the
approval of the Prime-Minister and subject to such conditions
as it might think fit, delegate any of its powers to any other
member of the Nigeria Police Force. The 1960 Constitution
also required the Commission to consult the Prime Minister
before making any appointment to the office of the Inspector-
General or removing such officer from office. The same was
application to the office of the Commissioner of Police of a
region where the Commission was required to consult the
Premier of that region.

30
The 1963 Republican Constitution vested the powers to
appoint members of the Commission in the President, but on
the advice of the Prime Minister. Other provisions of Section
110 of the 1963 Republican Constitution as they are related to
tenure, functions, power to delegate functions, appointment
and removal of Inspector-General or Commissioner of Police,
were the same as those of section 103 of the 1960
Constitution.
After the 1966 Coup de 'tat that led to the Military
takeover of government, there were virtually no changes except
that by Decree 12 of 1977,the chairmanship was taken over
from civilians by the military. The decree re-ordered the
composition of the membership of the Commission with the
Chief of Staff, Supreme Headquarters9 as chairman. The other
9 Major-General Shehu Musa Yar adua

31
five members included the Inspector-General of Police, Deputy
Inspector-General of Police, chairman, Police Service
Commission, another member of the Police Service
Commission and a retired judge with unlimited jurisdiction.
The Second Republic Constitution 1979 established the Police
Service Commission (Membership) Act 1980, removed from the
Commission, power to appoint the Inspector-General and
vested that in the President, acting on the advice of the
Commission. All other powers and functions remained
unchanged except that it increased the membership from a
maximum of four to eight. A civilian10, became the chairman.
The Military takeover of government on 31st December
1983 saw the return of Chief of Staff, Supreme Headquarters,
as the chairman, and the then Chief of Staff in person of
10 Alhaji A. Fatika

32
Major-General Tunde Idiagbon became the chairman. With the
Military change of baton in August 1985,the Commission was
suspended. The Head of State appointed the Inspector-General
with whom he supervised the Police. A decree11 of the military
government Decree No 5 formally proscribed the Commission
and transferred all its powers and functions to the Nigeria
Police Council under the Chairmanship of the Head of States.
The situation prevailed until the 1999 Constitution restored
the Commission and the enabling Act-Police Service
Commission (Establishment) Act12 was enacted. All the powers
and functions including membership bestowed by the 1979
Constitution were restored. The first management of the
Commission was inaugurated on 28th November 2001 with a
civilian in person of Chief Simon Okeke FNIVS, FRICS, as
11 Decree No 5 of 1989
12 No 1 of 2001

33
chairman whose tenure expired in 2004. The second
management of the Commission was inaugurated in April
2008 with a retired Deputy Inspector-General13 as chairman14.
2.4 AIMS AND OBJECTIVES OF POLICE SERVICE
COMMISION
The aims and objectives of the commission is to make the
relationship between the public and police one of trust and
confidence instead of suspicion and indifference, and to
established for the nation an accessible, effective and efficient
system of police accountability, such that the system should
go beyond reviewing complaints but set standards of
performance, conduct and integrity; ensure adequate finding
facilities and incentives for both the police and police
13 Mr.perry B.O Oyasanda
14 OP CIT

34
accountability. the commission also focus on updating its
internal mechanisms for checking corruption as well as
enhancing the police role in the investigation of crime and
complaint. The police service commission is aimed at
maintaining an overriding influence over political interference
and desperation of the leadership of the police force, the
commission also tries to have adequate resources and political
will to carry out its statutory responsibilities, follow its
concrete strategies and synergy in order to ensure that the
police force is up to standard.
The commission recognize the public as essential to ensuring
it effective. The commission has a charter, which is address to
Nigerian police, civil servant, NGOs, security agencies and the
general public. Members of the public may challenge or

35
comment the activities of the police through the public access
procedures/grievance redress mechanism
2.4.1 ACHIVIEMENTS OF THE POLICE SERVICE
COMMISSION
The commission has carried out a number of important
activities since its establishment. These include;
a. Clearing the backlog of the police officers who were due
for promotion but were not promoted under the military
regime. This has boosted the morale of me and women of
the police force, some of whom had stagnant on one rank
for over ten years, and merit is gradually but steadily
taking its rightful place as the major determinant of
promotion in the force.

36
b. Readmission of many police officers who were dismissed
under the military government in regard to the rule of
law15.
c. The commission has played a role in the regularization of
the promotion process, thereby ensuring valuable finding
of correct balance between federal character, and merit
as a basis for promotion has defused complaints within
the police about varying rate of career advancement due
to positive discrimination.
d. The commission has recorded huge success in
galvanizing its relationship with partners and non-
governmental organizations, and by extension members
of the public. In this wise, most programs of the
commission were executed through such collaboration
and sponsorship.
15 Usoh,V.A OP.CIT.P 218

37
e. The commission resisted the irregular selective promotion
of the police officers and ensured the promotion of some
officers who were unduly penalized by police authority on
the basis of refusing unlawful orders.
f. The major success recorded by the commission is the
reinforcement of confidence in members of the police
force and the staff of the commission. It was common
knowledge that the commission abolished the policy of
promotion of officers on the basis of their state of origin
or through recommendations from the high and mighty,
but through the established and approved guidelines
drawn by the commission and which is anchored on
performance and merit.
g. Issues pertaining to the discipline and promotion of
officers in the police were of paramount importance to

38
the commission, In the sense that promotion of officers
was in accordance with the extant principles of seniority,
merit and availability of vacancies. In the area of
discipline, The commission upheld fairness, equity and
justice in the exercise of disciplinary control over police
officers.
2.4.2 PROBLEMS AND CHALLENGES OF THE POLICE
SERVICE COMMISSION
The commission if faced a serious challenges in the discharged
of their functions as regulating overseeing the activities of the
police force. This problems and challenges include :
a. Lack of adequate material and functional resources to
carry out its function and the inability to established an
independent investigation mechanism, which implies that

39
the commission still depends on the police for
investigating complaints and partition send to it (the
commission).
b. The reluctance of the police authorities to come to terms
with the establishment of the commission. During the
military regime, the inspector-/general who was the
member of the armed forces ruling council has the power
to appoint, dismiss, promote and discipline his
personnel, but under the present democratic
dispensation, the inspector-general of police is
constitutionally required to take directives on
appointment, promotion and discipline of his personnel
from the police service commission. This has been

40
difficult for the successive chiefs of police to acculturate
themselves since the establishment of the commission16.
c. Inadequate testing and screening of candidates to match
applicant qualifications, competencies and potentials
with police work resulting in the recruitment of the
persons who lack necessary literacy, numeracy and
writing skills as well as requisite psychological
disposition.
d. Inadequate background check and document validation
resulting in the recruitment of persons with dubious
character and past deviant behaviors as well as fake or
forged document.
e. Lack of reliable performance and disciplinary recorded of
officers in the force resulting in the promotion of
16 Op.cit.p219

41
undeserving persons by virtue of pending complaints
against them or poor performance.
f. Lack of reliable data on misconduct by police officers
especially junior officers whose disciplinary records are
fragmented in various commands, resulting in disconnect
between performance and conduct on one hand and
promotion on the other. Also, ineffective internal and
external complaints management system breed ineffective
disciplinary system within the force, thereby promoting
the culture of impunity.
g. Absence of interface of verifiable records between the
police and the commission undermines effective
implementation the guidelines formulated by the
commission, due to lack of effective database on
complains and discipline management system which

42
impairs the identification of the factors causing
indiscipline in the force.
h. Absence of systematic and reliable research to aid
identification of factors inhibiting or undermining
discipline in the force, coupled with the fact that existing
policies at the commission are not adequately driven by
research or contextually derived research
2.5 ORGANISATION AND ADMINISTRATION OF THE
POLICE SERVICE COMMISSION
The organizational structure of the Police Service
Commission is provided for under the Constitution17. It
provides that the Commission shall comprise of the following
members:
a. A Chairman; and
17 Section 29 part1 of third scheduleCFRN 1999

43
b. Such number of other person not less than seven members,
and not more than nine, as may be prescribed by an Act of the
National Assembly.
The Commission shall have the powers to appoint
persons to offices other than office of the Inspector-General of
Police in the Nigeria Police Force, and dismiss and exercise
disciplinary control over persons holding any office other than
office of the Inspector-General of Police18.
The management of the Commission shall vest in such
members whose appointment should be in line with the federal
character provisions of the Constitution19. The members
18 S.30 Op.cit
19 S.7 Op.cit

44
charged with the administration of the Police Service
Commission20 include:
a. A chairman who shall be the Chief Executive of the
Commission
b. A retired Justice of the Supreme Court or Court of Appeal
c. A retired police officer not below the rank of Commissioner
of Police
d. A representative of women interest
e. A representative of Non-governmental human rights
organizations in Nigeria
f. A representative of organized private sector
g. The Secretary of the Commission
20 S.2 PSC Act

45
The above listed members of the Commission shall be
appointed by the President subject to the confirmation of the
Senate; such persons must be of proven integrity and ability to
carry out their various official duties and the members of the
Commission shall be part-time members as provided for under
the Act21. The provision of the Schedule to the Act shall have
effect with respect to proceedings of the Commission and other
related matters22. The Commission can make standing orders
regulating its proceedings or that of Committees. But this is,
however, subject to the provisions of this Act and the
Interpretation Act23. The quorum that is, the minimum
number of persons to sit in a meeting of the Commission, shall
be the Chairman or any other person presiding at the meeting
and four other members of the Commission (five persons in
21 S.2 (2) & (3) 0p.cit
22 S.2(4) 0p.cit
23 S.1(1) to S.2(4) PSC Act

46
total), and the quorum of any committee of the Commission
shall be as determined by the Commission24. This in essence
means that the minimum number of persons to sit in the
Commission's meeting are five, and when it is a committee set
up by the Commission, it may be less or exceed five as may be
determined by the Commission.
The Commission shall meet whenever it is summoned by
the Chairman, and if the Chairman is required to do so by
notice given to him by not less than four other members, he
should summon a meeting of the Commission which must be
held within fourteen days from the date on which the notice
was given25. It should be noted that the chairman shall preside
over every meeting of the Commission. But in his absence, the
members present at the meeting should appoint one of them
24 S.1 (2) 0p.cit
25 S.2(1) Op.cit

47
to preside over the meeting26. The Commission may co-opt,
any person when it needs advice from such a person on a
particular matter, to the Commission for such period as is
reasonably necessary or it deems fit. But such a person who is
in attendance under the circumstances shall not be entitled to
vote at any meeting of the Commission and will not be counted
in determining the quorum of the meeting27.
The Commission may appoint one or more committees to
carry out various functions as the Commission may determine
on behalf of the Commission. Such a committee shall consist
of such number of persons as may be determined by the
Commission, and a person shall hold office on the committee
in accordance with the terms of his appointment. However,
26 S.2(2) Op.cit
27 S.2(3) Op.cit

48
any decision reached by a committee of the Commission shall
be of no effect until it is confirmed by the Commission28.
The Chairman or any other member of the Commission
may be removed from office at any point in time by the
President acting on an address in support of two-third
majority of the Senate praying for the removal of such a
person due to his inability of discharging the functions of the
office either due to misconduct, ill-health of the mind or
body29. However, a member may resign his appointment under
a written notice by him addressing the President on such
resignation. Such a member will cease to be a member of the
28 S.3 Op.cit
29 S.5(1) PSC Act

49
Commission upon receipt of the notice on that date by the
President30.
The Act31 provides for the cessation of membership of the
Commission due to one reason or the other. Notwithstanding
the provisions of section 3 of this Act32, a person shall cease to
be a member of the Commission in the following instances:
a. When he becomes bankrupt, suspends payment or
compounds with his creditors
b. When he is convicted of a felony or any offence with his
creditors
c. When he becomes of unsound mind, or is incapable of
discharging his duties
30 S.5(2) Op.cit
31 S.4 (1)PSC Act
32 PSC Act

50
d. When he is guilty of (serious) misconduct in relation to his
duties
e. Any person possessed of professional qualification that is
disqualified or suspended, not at his own request, from
practicing his profession in any part of the world by an order
of a court of competent authority made in respect of that
person or member.
Also, any member of the Commission may be removed by
the President if he (the president) is satisfied that it is not in
the interest of the Commission or that of the public for the
member to continue holding the office. Where a vacancy
occurs in the membership of the Commission, it shall be filled
with appointing a successor to hold the office for the
remaining part of the term of office of his predecessor, and
the successor must represent the same interest and shall be

51
appointed by the president subject to the confirmation of the
Senate33.
The Commission consists of the following departments:
a. Department of Administration and Personnel Management.
b. Department of Investigation
c. Department of Finance and Supply
d. Department of Planning, Research and Statistics
e. Department of Legal Services
The Commission may increase the number of departments
as it deem necessary and expedient to facilitate the realisation
of the objectives of the Commission with the approval of the
President. The Secretary to the Commission shall be an officer
33 S.4 (2) & (3) Op.cit

52
in the Civil Service of the Federation who must not be below
the rank of a Permanent-Secretary; he must also have
qualifications and experience enough for a person required to
perform the functions of that office under the Act. The
Secretary to the Commission must be the accounting officer of
the Commission, whom is appointed by the President subject
to the confirmation of the Senate, and hold that office on such
terms and conditions as to emolument, conditions of service,
conditions of service as are applicable to the Civil Service of
the Federation. The Secretary to the Commission is
responsible for the day-to-day administration or management
of the Commission, and for keeping the books and proper
records of the proceedings of the Commission; administration
of the secretariat of the Commission; and general direction
and control of all the employees of the Commission. This is

53
however, subject to directives of the Commission as may be
determined from time to time. The Commission has the power
to employ any number of persons from the civil or public
service of either the Federation or State required by the
Commission in the effective and efficient discharge of their
functions. Any service in the Commission is approved for the
purposes of the Pension Act, and such persons employed are
entitled to pensions, gratuities and other retirement benefits
as are enjoyed by persons in the Civil Service of the
Federation.
The Police Service Commission shall establish and
maintain a fund for which shall be defrayed all expenditure
incurred by the Commission, and there shall be paid and
credited to the established fund any monies in form of grant or
lent to or deposited with the Commission by the federal

54
government, state government or any other body or institution
local or foreign from time to time; any money raised for the
purpose of the Commission by way of gifts, loans, grants and
testamentary dispositions; any proceed from all other assets
that accrue to the Commission from time to time. The above
fund must be managed according to the rules laid down by the
Commission and without any prejudice or subjection to the
generality of the power to make rules. Such rules must
contain provisions relating to the specific manner in which of
payments in and out of the funds, and require the proper
keeping of accounts and records for the purpose of the funds
in such form as specified in the rules. The proceeds of the
funds must be applied to following dealings:
a. Cost of administration of the Commission;

55
b. Payment of salaries, allowances and benefits or members or
committee of the Commission;
c. Payment of salaries, allowances, remuneration, benefits,
pensions and gratuities payable to the officers and employees
of the Commission;
d. Payment for all contracts including mobilization,
fluctuations, variations, legal fees and cost on contract
administration;
e. Payment for all purchases made by the Commission; and,
f. Undertake other activities that are connected with all or any
of the functions of the Commission.
The Commission may accept gifts of land, money or other
property under such terms and conditions (if any) as stated by
the person or organisation making the gift. However, such gifts

56
should not be accepted if the conditions or terms are
inconsistent with the functions of the Commission. Any
summon or service of notice or document on the Commission
shall be served by delivering it to the secretary or by sending
through registers post addressed to the secretary at the
principal of the Commission. At the end of every quarter in
each year, the Commission shall submit a report of its
activities and administration to the President. Not later than
30th September of each year, the Commission shall submit its
estimate of expenditures and income for the next succeeding
year to the President. The Commission must keep proper
accounts in respect of each year and cause the accounts to be
audited not later than 6 months after the end of each year by
auditors appointed from the list and in accordance with the
guidelines supplied by the Auditor-General of the Federation.

57
Also, the Commission shall prepare and submit to the
President, not later than 30th June in each year, a report of the
activities of the Commission including a copy of the audited
accounts of the Commission and the auditor’s report for the
year, in such form as the President may direct. The President
upon receipt of the report sends a copy of the report, audited
accounts and the auditor’s report to each House of the
National Assembly.
The Police Service Commission if strengthened-
financially, materially and staff-wise, and allowed to function
as an independent organisation as provided for by the
Constitution, the Commission will be one of the most powerful
and autonomous civilian oversight institutions for the police in
the world.

58
CHAPTER THREE- THE POWERS OF THE POLICE
SERVICE COMMISSION
3.1 INTRODUCTION
The powers of the police service commission, being the
crux of this research, are succinctly discussed in this chapter.
Every institution establish by law must have its aims and
objectives which it’s set out to achieved these set of objective,
however, cannot be attained if the institution does not excise
its powers effectively according to law or that which created it.
the efficiency of the commission lies in the successful
discharge an excise of its powers in ensuring good oversight
and accountability of the Nigerian police force.

59
3.2 APPOINTMENT OF POLICE OFFICERS
The constitution provide that the commission has
absolute power to appoint persons to offices in the Nigerian
police force, other than the office of inspector-general of
police1. Whereas the police service commission act provide
that the commission shall be responsible for the appointment
of persons into the Nigerian police force, other than the office
of the inspector-general of police2. Under the 1999
constitution3, the police service commission is vested with the
power of appointing a commissioner of police for each state of
the federation. However, their power of appointment does not
extend to the IGP, who is appointed by the president on the
1 Section 30 (a) part 1, third scheduleof 1999 CFRN
2 S. 6 (1) (a) PSC act
3 S. 215 (1) (b) 1999 CFRN

60
advice of the Nigerian police council, which happens to be a
similar body with the police service commission4.
Appointment into the Nigerian police force is handled by
the department of the police recruitment of the police service
commission. This department is responsible for the
appointment of person into the police force with the exception
of the IGP. Other appointment includes appointment of
commissioner of police for each state of the federation,
appointment and gazetting of retirement from the Nigeria
police force as well as such other powers which may be
assigned by the commission in accordance with the laws5.
4 S. 216 (2) Op.cit

61
3.3. PROMOTION OF POLICE OFFICERS
These goes hand in hand with appointment under the
constitution6 as well as under the police service commission
act7. Promotion of officers in the Nigeria police force is handled
by the department of police promotion of the commission. The
department is responsible for processing of promotion,
upgrading, advertisement and conversion of police officers. It
also handles promotion interviews, appeals and petitions
relating to promotion matters as well as other issue
responsible assigned by the commission8
6 S. 30 (a) part1 of third schedule1999 CFRN
7 S. 6 (1) (a) PSC act

62
3.4. DISCIPLINE OF POLICE OFFICERS
Discipline of the police officers is provided for in the
constitution under section 30 (b)9. It provides that the
commission shall have power to excises disciplinary control
over persons holding any office in the Nigerian police office as
appointed by the police service commission with the exception
of the IGP. This constitutional provision is given effect to in the
Act10 which provides that the commission shall excise
disciplinary control over persons in the police force other than
the IGP. Disciplinary control within the police is handled by
the department of police discipline of the police service
commission. The department handles cases involving
members of the Nigeria police, petition and appeal from police,
complain from the public against police conduct as well as any
9 Part1 third schedule 1999 CFRN
10 S. 6 (1) (b) PSC act

63
other duty assigned to it by the commission. It was stated in
the case of William Imade v. IGP & ors11, that where a police
officer disobeys a police regulation or directives, he can be
dealt with disciplinarily in the police orderly room proceeding.
However, such officer must in the first instance be tried in a
court of law or criminal tribunal before any disciplinary action
can be taken against him in an orderly room proceeding.
A complain of conduct or misconduct of police officer
must be resolved or looked into with all the necessary
measures by the police headquarter within 90 days, and such
report must be forwarded to the police service commission to
take a decision on the basis of it constitutional power to
exercise disciplinary control over officers of the police force
except the IGP. In other words, all pending disciplinary
11 (1993) 11 NWLR (pt.271) 608

64
matters in the Nigeria police force should be treated within
three months, as prolonged matters tend to deprive innocent
officers of the police of their promotions and prolong service of
the officers who deserved to be shown the way out of the force.
3.5. DISMISSAL OF POLICE OFFICERS
The commission has the power to dismiss persons from
any office in Nigeria police force other than the IGP as
provided by the constitution12. The police service commission
provides that the commission shall have the power to dismiss
person, other than the IGP from the Nigeria police force. The
dismissal power goes together with disciplinary control
exercised by the commission over police officers. In Ndili v.
Akinumade13, the court held that the test of whether the
12 S. 30 (b) part 1 third schedule1999 CFRN
13 (2000) 8 NWLR (pt.668) 293

65
dismissal of an employee is proper or unlawful is whether the
procedure adopted in effecting the dismissal must conform to
the term of employment of the aggrieved person. To be lawful,
there must be proved that there is a departure from the
prescribed procedure or in applying the rule, there is a
violation of the rule of natural justice so as to render the
formal compliance a travesty. Also, in konwei v. IGP &ors14,
the supreme court reaffirmed the decision of the trial court to
the effect that all the steps taken by the police authorities were
consistent with the procedure normally taken in dismissing a
police officer, and that the dismissal in the instant case was
not only regular but proper.
14 (2007) ALL FWLR (pt.391) 1699

66
3.6. POWER OF DELEGATION
The commission may delegate any of its powers under
this Act15 to any officer in the service of the Nigeria police
force, or to a committee consisting of such number of persons,
one of whom shall be named as chairman, as may be prescribe
by the commission. This power of delegation is subject to such
conditions as the commission may think fit or reasonably
necessary in the circumstance. Such an officer of the police
force must have been duly appointed and confirmed to be
bonafide officer in the police force, and the committee must
have been duly constituted as provided under the schedule to
the Act relating to proceedings of the commission and the
committee.
15 PSC Act

67
CHAPTER FOUR-FUNCTIONS OF THE POLICE SERVICE
COMMISSION
4.1 INTRODUCTION
This chapter will extensively discuss the functions of the
police service commission toward the discharge of the duty as
required by the law, the set objectives of the commission,
however cannot be achieved if the institution or the
commission does not discharge its functions effectively
according to the law or that which created it. The
effectiveness and efficiency of the commission lies in the
successful discharge and exercise of its function in ensuring
good oversight and accountability of the Nigeria police force.

68
4.2. GOVERNANCE AND OVERSIGHT OF NIGERIAN
POLICE FORCE
The constitution created two organs for the governance
and oversight of the country’s police system. These are the
Nigeria police council and the Nigeria police service
commission established under section 153 of the
constitution1. Section 216 (2) of the constitution2 requires the
president to consult the Nigeria police service commission
before making appointment to the office of the inspector-
general police, and before removal of same. The state
governors constitute an overwhelming majority of the
membership of police council, which is said to be the highest
organ of the control of the police force. Consequently, is an
important organ for police oversight and accountability.
1 1999 CFRN
2 1999 CRFN

69
Police oversight by the Nigeria police service commission
an executive bodies that enhance police legitimacy,
effectiveness and public-police co-operation. These oversight
body for efficiency is expected to be independent from
interference that may compromise its decisions, and there
should be integrity of the agency’s official political support by
the government inform of providing the requisite legal
framework and necessary human, financial and material
resources. The transformation of the Nigerian police force into
an effective, trustworthy, civil, incorruptible, responsive and
respected police force requires the effective internal
professional standard and disciplinary department within the
police force, efficient, fair and independent external
accountability and oversight agencies; and co-ordination of the
external and internal mechanisms and grievance redressing

70
procedures, discipline and oversight policies3. The function of
the police service commission as to governance and oversight
helps largely in ensuring accountability and corrupt free police
force in Nigeria.
4.3. POLICY FORMULATION AND IMPLEMENTATION IN
THE POLICE FORCE
The police service commission has the power to formulate
policies and guidelines for the appointment, promotion,
discipline and dismissal of the police officer4; identify factors
inhibiting or undermining the discipline in the Nigerian police
force5; formulate and implement policies aimed at efficiency
and discipline in the Nigeria police force6; perform such other
functions which in the opinion of the commission and required
3 Usoh, V.A (2014) Op.cit.
4 S.6 (1) (c) PSC Act
5 S.6 (1) (d) Ibid
6 S.6 (1) (e) Ibid

71
to ensure the optimal efficiency of the Nigeria police force in
relation to carrying out their primary duty of providing
security and protection of lives and properties7; and carry out
such other functions as the president may direct from time to
time8. It should be noted that the commission shall not
subject to the direction, control or supervision of any other
authority or person in the performance of its functions other
than as it prescribed under the police service commission Act.
In line with the provision of section 6 (1) (c)9, the
commission prepared a guideline for the promotion in the
police force, which makes the provision for the establishment
of appraisal/promotion committees at the area command,
state and national levels; procedures for promotion in the
7 S.6 (1) (f) Op.cit
8 S.6 (1) (g) op.cit
9 PSC Act

72
different ranks in the police up to the rank of Deputy
Inspector-General of police; and procedure for petitions and
appeals10.
4.4. PAY STAFF OF THE COMMISSION
The police service commission in powered by law to pay
its staff such remunerations and allowances as are payable by
persons of equivalent grade in the civil service of the
federation11. Such money for the prompt payment should be
due from the funds established and maintained by the
commission under section 12 (1) and pursuant to section 13
(b) and (c)12. It provides for the payment of salaries, allowances
and benefits of members of the commissions or any committee
of the commission, and the payment of salaries, remuneration,
10 ‘Guidelines For Promotion In The Nigeria PoliceForce’policeservicecommission,Abuja,2006
11 S.7 (a) PSC Act
12 PSC Act

73
allowances, benefits, pensions and gratuities payable to
officers and employees of the commission, all from the
proceeds of the fund established and maintained by the
commission under section 12 of the Act13
4.5 ENTERING INTO CONTRACT
The police service commission can enter into such
contracts as maybe necessary and expedient for the discharge
of its functions, and ensure the efficient performance of the
function of the commission14, and do such other things as are
necessary for the effective performance of the functions of the
commission.15 However, such acts or contracts must be in
consonance with the activities of the commission and must be
reasonably necessary to warrant the entering of such
13 Op.cit
14 S.7 (b) PSC Act
15 S.7 (c) Ibid

74
contracts with individuals or agencies. These function of the
commission relates to section 18(1)(a)16 which provides that
the commission may purchase or take on lease any interest in
land or other property for the purpose of providing offices and
premises necessary for the performance of its functions as
provided by law under the police service commission Act. This
is however, subject to the provision of the Land Use Act.17 The
section also provides that the commission may construct
offices and premises, and equip and maintain same.18Also,
subject to Land Use Act, the commission may sell or lease out
any offices or premises held by it which is no longer required
for the performance of its function und the Act. 19
16 Op.cit
17 Cap L23 LFN 2004
18 S.18 (1)(b) PSC Act
19 Ibid

75
CHAPTER FIVE-SUMMARY AND CONCLUSION
5.1 Summary
The subject-matter of this research is an appraisal of the
powers and functions of the police service commission in
Nigeria, being the oversight body regulating the appointment,
promotion, recruitment, discipline and dismissal of persons in
the Nigeria police force other than the Inspector-General of the
police. The police service commission is the civilian oversight
mechanism established by the constitution and the police
service commission act in order to ensure accountability and
efficiency in the Nigeria police force. The commission has gone
through a traditional process from 1960 to date, with series of
overhauls hindering its development. It is a federal executive

76
body established by the police service commission Act1 to
carry out its mandate. The police service commission
comprises of its chairman and other members not less than
seven and more than nine to run the commission. The
management of the commission is vested in its members
appointed in line with the federal character provisions of the
constitution2. The commission has five departments, which
include the department of investigation, department of finance
and supply, department of legal services, department of
administration and personnel management and also
department of planning, research and statistics.
The police service commission perform it functions in
order to ensure good oversight and accountability of the
Nigeria police force. The commission has the power to appoint,
1 No.1 of 2001
2 1999 CFRN

77
recruit, dismiss, promote and discipline members of the police
force, with the exception of the inspector-general of the police,
as well as formulation and implementation of policies for the
police force. Also, the commission is empowered to pay its
staff, enter into any contract when necessary and delegate
authority to so act on it behalf on any person or body.
However, the commission is not the only agency regulating the
activities of the police. The Nigeria police council is also an
oversight body regulating the activities of the police force. It
functions are the general supervision of the activities of the
police, organization and administration of the police force and
advising the president on the appointment of the inspector-
general of police, which is outside the purview of the police
service commission. The Nigeria police council consists of the
president, states governors, the inspector-general of police and

78
the chairman of the police service commission. These two
bodies (PSC AND NPC) exercise governance and general
oversight of the police force. The police service commission has
achieved a lot and is still facing some challenges as well. Many
aspects of the commission’s activities are indeed in need of
quick reform in order to curb or check the excesses of the
commission so that it can function effectively and efficiently.
5.2 OBSERVATIONS
From the research conducted, a lot have been observed
in the affairs of the commission in discharging it statutory
duties and obligations. First, the commission lacks the
adequate man-power, material and functional resources to
carry out its functions and ensure good accountability and
oversight of Nigeria police force. Secondly, the commission

79
does not have an independent investigation mechanisms in
looking at complaints and petitions filed before it. Thirdly, the
recruitment process of persons into the force is not up to
standard and as such, illiterate or unqualified persons are
recruited into the force. For the Nigeria police force to be
transformed into an effective, efficient, civil, trustworthy,
incorruptible, responsive and respected force, the
establishment of an effective internal standard and
disciplinary department within the force, an effective, fair and
independent external accountability and oversight agencies as
well as the co-ordination of the external and internal
mechanisms is necessary to ensure the standard expected in
the force. In a nutshell, the challenges facing the activities of
the commission should be looked into in order to ensure it
optimum efficiency. The commission is not working closely

80
with the Nigeria police council as it should be even though
both are the external agencies regulating the activities of the
Nigeria police force.
5.3 RECOMMENDATIONS.
The recruitment processes as handled by the police
service commission are essential in getting the right human
resources into the police force. The Nigeria police force recruit
at three(3) levels (constable, cadet and inspector) and as such,
a good system of screening should be made with its standards
and ensure equitable recruitment from all parts of the
country. The Nigeria police force should work closely with the
police service commission in order to evolve standardized tests
and screening procedures for constable and inspector recruits
as well as senior officer cadets. The police are particularly

81
vulnerable during elections. In the 2011 and 2015 general
elections, the police performed very well and were committed
to the task of ensuring security during and after elections,
with every breach of peace 0or destruction documented and
followed up by the police service commission who observed
deployment of personnel all over the country. The results
showed a positive change in the public’s perception of the
police. The task for the new leadership of the commission in
the run-up to subsequent elections is to consolidate that
achievement. Therefore, the credible performance of the police
in the 2015 general elections can be repeated, but the full
involvement of the commission is paramount3.
Different accountability mechanisms which enhance
oversight of the police by elected authorities and wider public
beyond the central level alone needs to be explored. Tensions
3 Owen, O.(2014) Op.citp.5

82
between the federal and state authorities over policing can be
reduced by regularizing the Nigeria police council, which
incorporate both the president and the states governors that is
currently in abeyance. Internal mechanisms in the police for
checking corruption should be revisited and updated by the
police service commission, and due consideration should be
given to enhance the commission’s role in the investigation of
complaints. There should be a good working relationship
between the inspector-general of the police and the police
service commission which is crucial for the objective service
delivery of policing to be achieved. If the overall police head
has no regard or respect for the decisions of the commission,
then not even his subordinates would comply or implement
the decisions of the commission. Finally, the budgetary
allocation of the commission should be reviewed with a view to

83
the assurance that it is adequately funded and thus ensuring
its efficiency and good service delivery4.
5.4 CONCLUSION
It would be right to conclude that the establishment of
the police service commission is important in ensuring
efficiency, accountability, standard and professionalism in the
police force. The police service commission regulates the
promotion, recruitment, appointment, discipline and dismissal
of persons in police force, whereas the Nigeria police council
regulates the general supervision, organization and
administration of the police force as well as advising the
president on the appointment of the inspector-general of
police. The various functions of the commission shows a great
4 Usoh, A.V.(2014) Op.cit. p.10

84
deal of oversight responsibility over the affairs of the police.
The commission is an agency with explicit powers of police
oversight and accountability. These oversight body for
efficiency should be independent from interference that may
compromise its decisions, and there should be integrity in the
agency’s official political support by the government in the
form of requisite legal framework and necessary human,
financial and material resources. Therefore, the police service
commission if strengthened financially, materially and staff-
wise, and allowed to functions as independent organization
will be one of the most powerful and autonomous civilian
oversight institution for the police in the world.

85
BIBLIOGRAPHY
Alemika, E.E.O and Chukwuma, I.C. (2003) (eds) “Civilian
Oversight and Accountability of Police in Nigeria” Centre for
Law Enforcement Education and the Police Service
Commission.
Alemika, E.E.O. (2013) “Police Accountability in Nigeria:
Framework and Limitations” University of Jos, Nigeria.
Alemika, E.E.O “Significance Of External Police Oversight And
Accountability Mechanisms” Paper presented at the Police
Executive Forum, organized by Center for Enforcement
Education(CLEEN) Foundation and Justice for ALL, DFID
30/04/2013.
Dambazau, A.B. (2007) Criminology and Criminal Justice,
Spectrum Books Limited, Ibadan.

86
Guidelines for Promotion in the Nigeria Police Force’, Police
Service Commission, Abuja 2006.
Http://psc.gov.ng
Odekunle,F. (2005)”Overview of Policing In Nigeria: Problems
and Suggestions” Center for Law Enforcement Education,
Lagos.
Ojo, E. “The Role of the Media in Ensuring Police
Accountability in Nigeria” Media Rights Agenda, Lagos.
Onwubiko, E. (2012) “The Rot in the Police Service
Commission” The Punch Newspaper, 21st, February 2015 p.12
Owen, O. (2014) “The Nigeria Police Force: Predicaments and
Possibilities” Nigeria Research Network Working Paper No.15.

87
Usoh, A.V. (2014) “Policing and Law Enforcement in Nigeria”
School of Arts And Sciences, National Open University of
Nigeria.

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