Posted by By STEVE NWOSU on
Less than one week after former Inspector General of Police Tafa Balogun was docked by the Economic and Financial Crime Commission, his successor, Sunday Ehindero, may have landed in fresh troubles of his own, Saturday Sun can exclusively report.
Less than one week after former Inspector General of Police Tafa Balogun was docked by the Economic and Financial Crime Commission, his successor, Sunday Ehindero, may have landed in fresh troubles of his own, Saturday Sun can exclusively report.
Although Ehindero's problems may have nothing to do with bribery, extortion, money or laundering, the gravity of the case is said to be so serious that it might stand between the Ondo State-born police chief and his confirmation as substantive IG.
Ehindero has invited the wrath of the Police Service Commission which has accused him of complicity in the recent transfers, deployments and promotions of senior police officers. Now, the Commission has not only over-ruled the IG on the re-organisation, but has also ordered him to revert to the status quo ante.
The reason for this order, Saturday Sun gathered, borders on the acting IG's perceived insubordination and disregard of constitutionality. The re-organisation, announced March 23, 2005, is said to have been carried out without the approval of the Police Service Commission and in total disregard of an outstanding presidential directive concerning such appointments and promotions.
Query from Police Service Commission
The result now is that, apart from projecting Ehindero as someone already too power drunk with his 'acting" IG status to submit himself to supervision. He has also been set on collision path with President Olusegun Obasanjo who has the power to confirm him substantive IG and whose directive he is said to have disregarded.
In a six-page query to Ehindero, Chief Simon N. Okeke, Chairman of the Police Service Commission, wondered why the IG would effect such sensitive reorganisation of the Police without recourse to the commission, as required by law. Okeke said that he was further embarrassed that he and other commissioners had to learn of the re-organisation from radio and television news bulletins.
He said he found the news unbelievable because a letter from the IG seeking the police commission's approval for the said postings and promotions was yet to be formally given.
Said Okeke: 'The letter from you seeking approval of the postings and promotions of senior officers: DIG, AIG and CPS… was dated 2nd March 2005 but received by my office on 4th March 2005." He said he had given Ehindero an appointment to discourse the re-organisation but that the IG refused to honour the appointment.
The Ehindero letter, excerpts of which Okeke reproduced in his query read in part: 'I forward herewith proposals for the posting of undermentioned DIG, AIGs and Commissioners of Police for approval..."
He said the letter was yet to be fully debated, by the time Ehindero went ahead to implement the content of the proposal.
What the law says
The presidential directive guiding the appointments of this nature (which Ehindero was said to have disregarded states in part:
'The appointment of State Police Commissioner means the posting of an officer acting as a Police Commissioner of a state within the unified command of one Nigeria Police. That appointment or posting can not be done in vacuum. The State Governor must be consulted. I must be informed and it must be discussed and agreed with the IGP before recommendation is made to you in writing for the formal appointment. I have advised the IG along this line…"
Okeke's letter said that although he was sure that a copy of this presidential directive was in Ehindero's file, he still, for the avoidance of doubt, sent another copy to the acting IG.
Incidentally, the Police Service Commission chairman said, he had already fixed a meeting for the 12th and 13th of April to discuss Ehindero's proposals with his commission when the IG announced the promotions and redeployments.
Apart from the subsisting presidential directive, the 1999 constitution also make it clear on how appointments and promotions of senior police officers are to be made. Section 215 (1b) points out that 'There shall be a Commissioner of Police for each state of the federation who shall be appointed by the Police Service Commission".
The section of the constitution which created the legal basis for the commission ab initio empowers the commission to 'appoint persons to offices (other than the office of the Inspector General of Police) in the Nigeria Police".
It also empowers it to sack such officers.
However, Okeke is alleging that neither the commission, nor the state governors who ought to have been consulted were consulted before the recent appointments were made.
Initial meeting
Although aides of the IG defended that most of the appointments were made in response to pressing security emergencies, Okeke's query noted that the emergency situation was only applicable in the case of Benue State and that a special provision was made for it.
'It was on the same date of the receipt of your letter on 4th March, 2005 that I had a meeting with some of the commissioners and your representative, Alhaji Uba Ringim (AIG) - the Force Secretary", the Commission's chairman wrote.
He said it was in the presence of Ringim that the commission's members present approved Ehindero's request to appoint one Mr. Azubuko J. Udah as CP, Benue.
He said although members frowned at the way the IG was trying to stampede them to make the appointment, the security situation compelled them to give anticipatory approval of the appointment, pending when the fuller house would ratify it.
Okeke pointed out: On the issue of promotions of senior officers, the commission asked to be furnished with the staff list of the substantive ranks of officers being recommended" as much as their respective files. The same request was made in respect of the 24 Commissioners being recommended.
But Okeke said despite a written reminder to Ehindero for early response and the visit of one of the Commissioners (Alhaji S.D Ahmed) to his office to point out some of the errors in the initial recommendations, the IG failed to furnish the Commission with the requested staff list and files.
Saturday Sun gathered that the Commission's insistence on the nomial roll (staff list) was informed by previous cases of victimization of officers who were not in the good books of the IGs of their time.
There was also a need to ensure zonal and ethnic/geographical balance in the spread of the promotions and to ensure that a stop is put to the IG Boys syndrome.
Last warning
Okeke said that everything action of Ehindero on the matter pointed to the fact that the Acting IG only wanted the commission to rubber stamp his proposals to the detriment of its constitutional responsibilities.
'Would it not appear now that you have flaunted you acting appointment to denigrate the Police Service Commission whose constitutional duties you have usurped", he queried.
He concluded: 'The Commission will, therefore, not be party to this glaring breach of the Constitution. In the interest of all concerned, you are therefore advised to revert to status quo and inform the Commission accordingly while your proposal goes through the required due process".
‘Presidency approved the postings'
When our reporter called the IGP Thursday, a police officer who answered the call said his boss was attending a function at the Eagle Sqeare, hence he could not pick the phone. Similarly, his spokesman, Emmanuel Ighodalo was not available.
But a top source close to Ehindero's office stated there was no basis for the Police Service Commission's anger. According to him, 'the postings were duly approved by Mr. President. I saw his signature on the list."
He said there was nothing unsual about the IG's action. 'He has the power to redeploy his officers and men. This is basically an operational function which fall within the purview of his duties and human resource management. This is not the first time such redeployments were done in the force. I think the issues are getting unnecessarily politicized," he said.