Former Chairman of the Special Presidential Investigation Panel on the Recovery of Public Property, Okoi Obono-Obla, says the present constitution of the country does not give President Muhammadu Buhari the powers to create state police as many have been clamouring for.
The former Presidential aide who made the assertion in a statement in Calabar, Cross River State on Wednesday, disagreed with those calling on Buhari to create state police, stating categorically that such would not happen unless there was an amendment of the constitution.
“My constitutional law lessons taught me that the President of the Federal Republic of Nigeria has no modicum of power to set to create a State Police, as some of us have been advocating,” Obono-Obla said.
“The Nigeria Police Force is created by the Constitution of the Federal Republic of Nigeria in 1999 (as amended). Also, Police is an item under the exclusive legislative list in the first schedule of the Constitution.
“Items listed in the exclusive legislative list are only within the legislative competency of the federal government of Nigeria,” he added.
Obono-Obla who is now a public commentator said it was unfair for politicians to give the impression to Nigerians that President Buhari has the power to create state police by administrative fiat.
“No President can create State Police through executive or administrative fiat. This is the truth of the matter,” he said.
He explained further that for the Constitution to be amended, 24 States’ Houses of Assembly must give their consent, while 2/3 Majority of the House of Representatives, and Senate must vote in support.
“Those who want state police must elect Senators, Representatives and State Assembly legislators that will vote in support of the amendment of the Constitution.
“Any presidential candidate who gives the impression that he will create State police without the support of the National Assembly and 24 States of the House of Assembly is lying.”
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