…Harmonise Police Act and Police Regulations
Juliana Francis
The Federal Ministry of Justice has been urged by members of Civil Society Organisations (CSOs) in Nigeria, to as a matter of urgency, gazette the reviewed Police Regulations so that it will be in sync with the Police Act of 2020.
This was the topic that topped discussions at an event held today 10th of December 2024, at the Akowonjo area of Lagos State.
Although the event was peopled by several members of CSOs, journalists and other stakeholders, it was, however, organised by the Rule of Law and Accountability Advocacy Centre (RULAAC) and Network on Police Reform in Nigeria (NOPRIN Foundation).
The Executive Director of RULAAC, Okechukwu Nwanguma, said: “The Nigeria Police Act 2020 aims to modernize policing in Nigeria, shifting from colonial practices to a framework centred on accountability, human rights, and community trust.
“While the Act outlines these progressive principles, the existing Police Regulations, a subsidiary legislation, remains outdated and contradictory to the new Act. This inconsistency hampers effective implementation. The reviewed Police Regulations, which involved collaboration between various stakeholders such as civil society organizations, the police, and governmental ministries, must be expedited for gazetting.
“The federal ministry of justice is urged to act promptly to finalize these Regulations, ensuring they align with the Police Act to effectively mitigate human rights violations, including gender discrimination, and enhance accountability within the police force.
“The reform of Nigeria’s Police Regulations is a cornerstone for building a modern, accountable, and community-centred police force. While substantial progress has been made in drafting and revising these Regulations, the stalling of the gazetting process by the Federal Ministry of Justice remains a major impediment.
“Addressing these challenges requires coordinated advocacy, strong political commitment, and enhanced institutional efficiency to ensure the long-awaited reforms become a reality.”
He said that over the years, it has become apparent that a presidential committee or similar ad-hoc initiatives cannot solely accomplish the task of reforming the Nigeria Police Force.
According to him, reforming the police needs a multiprong approach with all stakeholders working collaboratively, with each agency implementing its mandate and contributing to the overall task of reforming the Nigeria Police Force.
He further said: “Previously, one of the impediments to seeing tangible changes in the Nigeria Police Force was hinged on its legal framework. In September 2020, after 16 years of advocacy led by Nigerian civil society organisations, the Police Act 2020 was signed into law. Shortly after the law was accented to, the ENDSARS protest erupted, spreading across the country.
“During the 16-year journey of advocating for the review of the Police Act, there was a decision to separate the Regulations from the Police Act because it is a subsidiary legislation and the legal framework that sets out the day-to-day running of the Police as an organisation.
“The leadership of several civil society organisations working on this legislation in collaboration with the leadership of the National Assembly made this decision based on some of the following observations: there are oversight bodies whose mandate based on their establishment statutes gives them the responsibility to make policy decisions that impact on the day-to-day working of the Nigeria Police Force.
“Some of these organisations are the Police Service Commission, Ministry of Police Affairs, and National Human Rights Commission, among others.
“The review of the regulations should be more periodic and initiated as a multistakeholder process to ensure that it aligns with constitutional principles, international human rights standards, and evolving needs of the Nigerian society.”
Nwanguma noted that it was obvious that the reform of Nigeria’s Police Regulations represents a critical component in the broader agenda for public safety and security reform.
“These Regulations, originally framed under colonial-era paradigms, have long been considered outdated and unfit to address the complexities of contemporary policing in Nigeria. It does not align with the Police Act 2020,” he asserted.
He disclosed that since 2021, concerted efforts by the Nigeria Police Force, Ministry of Police Affairs, Police Service Commission, National Human Rights Commission, civil society organizations, legal practitioners, and other policymakers have sought to modernize these regulations to align with constitutional principles, international human rights standards, evolving needs of Nigerian society and the Police Act 2020.
The activist mentioned that advocacy efforts have been pivotal in highlighting the need for reform, stressing that various stakeholders have collaborated to push for amendments that reflect democratic values, accountability, and inclusivity.
The programmes officer of NOPRIN Foundation, Precious Osinaku, said that gaps in the Police Regulations highlight some sections, the provisions, the justification for their revision, removal, and comparison to other legislation.
Osinaku further said: “Section 4, which deals with territorial divisions/ jurisdictions of the Police Commands, reflects the erstwhile 21-state structure of the federation, with defunct Gongola and Bendel states as well as other re-created states, still on the list.
“Today, Nigeria is a 36-state federation; therefore, the list of territorial divisions should be revisited and updated. The 2020 Police Act refers to the current 36 federal structure of Nigeria.
“Sections 42 and 52 require that a candidate for recruitment into the Force ‘shall be unmarried’. This contradicts the Police Act (2020) as well as the Police Gender Policy. The Police Act (2020) is gender-neutral on recruitment questions; the Police Gender Policy prohibits all forms of gender discrimination in the operations of the Force.
“Section 118 requires that a prospective female officer must not be married or pregnant to qualify for enlistment.
“This contradicts the Police Act (2020) as well as the Police Gender Policy. The Police Act (2020) is gender-neutral on recruitment questions; the Police Gender Policy prohibits all forms of gender discrimination in the operations of the Force.
“Sections 121, 122, and 123 restrict the participation of female police officers in certain lines of duties such as non-combat, ceremonial, and clerical operations. This provision promotes gender discrimination and prejudice, which is against the position of the Police Gender Policy on gender equity and equality; it is also against the gender-neutral stance of the Police Act (2020).”
Osinaku also said that Section 124 requires female personnel to apply for marriage; the suitor too is to be screened for criminal record.
This provision, she said, is, at best, discriminatory and patriarchal; it does not apply to male officers.
She added: “This is against the position of the Police Gender Policy on gender equity and equality; it is also against the gender-neutral stance of the Police Act (2020). Section 127 stipulates that an unmarried officer who becomes pregnant while in service shall be dismissed and not to be admitted, except with the approval of the Inspector General of Police. This is both discriminatory and masculinist.
“The male officer who impregnates a female officer or, indeed, any other woman is not subjected to a similar penalty. This is against the position of the Police Gender Policy on gender equity and equality; it is also against the gender-neutral stance of the Police Act (2020).”
She observed that under Section 128, female officers are not to adorn themselves with ornaments and pieces of jewellery. “This, in a way, erodes the fundamental human rights of the female personnel. It raises privacy concerns. The provision, for instance, contradicts the Police Order on Dress Code (2022),” she said.
Similarly, under Section 271, said Osinaku, the instrument empowers the Inspector General of Police to issue Force Orders.
She added: “Such orders may contradict existing superior regulatory frameworks. A case in point is the Dress Code Order of 2022, which permits the use of a Hijab (a sort of religious scarf) by female cops.
“The foregoing are just a few of the provisions illustrating the anachronism of the subsisting Police Regulations and the imperative of the Federal Ministry of Justice to ensure that the revised and updated Regulations are gazetted and become operational and in accord with the Police Act 2020.”
The group explained that following the enactment of the Police Act 2020, there was a mandate to overhaul the Police Regulations to reflect the new law’s provisions.
A technical interagency and intersectoral drafting committee, comprising legal experts, policymakers, and civil society representatives, developed revised regulations emphasizing professionalism, ethical standards, and community-oriented policing.
This was carried out through a clause-by-clause review and a harmonization process based on feedback from stakeholders.
The group further said that to ensure inclusivity, consultations were held with key stakeholders, including the police hierarchy, non-governmental organizations, and the public.
“These engagements enriched the drafting process, ensuring the proposed regulations were both practical and progressive,” the group said.
With the drafting process completed, the proposed Police Regulations were submitted to the Federal Ministry of Justice in April 2024 for review and eventual gazetting—a crucial step in granting the regulations legal force.
According to the CSOs, despite significant progress, the gazetting process has faced delays, primarily due to challenges associated with the Federal Ministry of Justice.
One of the challenges is the ministry’s procedural bottlenecks have slowed the review and approval processes. These delays, often rooted in administrative inefficiencies, hinder timely action on critical policy reforms.
Also, the Ministry of Justice manages multiple legal and regulatory responsibilities, as a result, the Police Regulations may not receive the priority they require, leading to protracted delays in gazetting.
The implications of delays in the gazetting process have far-reaching implications.
“It hinders the implementation of reforms intended to professionalize the police force and improve its relationship with the public. Moreover, the delay perpetuates the use of outdated Regulations that fail to address current realities, undermining efforts to promote accountability and enhance public safety,” Nwanguma said.
Nwanguma said that CSOs and other stakeholders must intensify advocacy efforts to ensure the Ministry of Justice prioritizes the gazetting process.
This was even as Osinaku emphasized that strategic engagements with policymakers and leveraging public opinion could help achieve this goal.
She maintained that the executive arm of government, particularly the Minister of Justice, must demonstrate the political will to advance the reform agenda.
She noted that clear directives and timelines for completing the gazetting process are necessary.
“Addressing the bureaucratic inefficiencies within the Ministry of Justice is critical. Introducing digital processes and streamlining approval workflows could significantly reduce delays,” Osinaku said.
The group also agreed that Independent monitoring mechanisms should be established to track the progress of the gazetting process and hold relevant actors accountable for delays.
