The conflict between Governor Rotimi Amaechi of Rivers State and Commissioner of Police, Joseph Mbu, rekindles the persistent controversy over the constitutional relationship between governors and Commissioners of Police.WHEN Governor Rotimi Amaechi of Rivers State dared the state commissioner of Police, Mr. Joseph Mbu, to shoot him last Tuesday, he inevitably rekindled memories of the famous face-off between Governor Jim Nwobodo and Police Commissioner Bishop Eyitene in the Second Republic.Eyitene as commissioner of police in the old Anambra State wielded unprecedented powers that he won to himself the nickname ‘Head of State.’ It was not for nothing. The motorcade of the police commissioner in sophistication and style overwhelmed that of the governor. The security around both his residence and office according to some reports made the governor’s entourage look like that of a local government chairman. Remarkably, Commissioner Eyitene did not make any pretence of it.Indeed, the story is told of how during a quiz competition between two secondary schools in the state when the question was asked “Who is the Head of State,” and most of the students replied, Mr. Eyitene. And thus, the nickname Head of State stuck to the commissioner. As the principal security agent of the National Party of Nigeria, NPN controlled Federal Government to Anambra State, Eyitene became something of an albatross around the Nigerian Peoples Party, NPP that controlled Anambra State at that time.He was repeatedly accused by the NPP and the state administration of backing the NPN and her principal officers in the state such as Chief Christian Onoh and Ikemba Nnewi, Emeka Odumegwu-Ojukwu who was to turn into his son-law in due season.On at least 12 occasions, Eyitene was summoned to appear before the state high court presided over by Justice Okadigbo on sundry issues and on the 12 occasions, Eyitene declined. That was despite the massive publicity that the state controlled media gave to the summons on the police commissioner.
Eyitene who died last year at the age of 79 may not have known Mbu or passed on any lessons to him, but the powers wielded by the two men is inevitably bringing again to the fore, the ringing constitutional controversy of the powers of the governor over the commissioner of police.
What the law says
The legal basis of the relationship between the governor and the commissioner of police is detailed in section 215 of the constitution which states thus: (4) Subject to the provisions of this section, the Governor of a state or such Commissioner of the Government as he may authorise in that behalf, may give to the Commissioner of Police of that state such lawful directions with respect to the maintenance and securing of public safety and public order within the state as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with:
Provided that before carrying out any such directions under the foregoing provisions of this subsection the Commissioner of Police may request that the matter be referred to the President or such minister of the Government of the Federation as may be authorised in that behalf by the President for his directions.
(5) The question whether any, and if so what, directions have been given under this section shall not be inquired into in any court.
So while the governor or even his commissioner can give orders to the commissioner of police, the latter is not bound to obey or carry out such instructions. After all, he has the powers of the gun and provides the main bulk of the security around the governor.
That is the situation that is again playing out in Rivers State.
Governor Amaechi in blunt reference to the ongoing dispute between him and the presidency had alleged that Mbu was brought to the State by “someone at the top” to harass him.
Security council
“Somebody at the top changed our Commissioner of Police and brought a man that when we finish security council meetings, he goes ahead to report who said what and we are unable to hold any security council meeting anymore,” Amaechi told former Minister of Petroleum, Prof. Tam David-West who paid him a courtesy call last week.
Amaechi was to further accuse the commissioner of compromising the security situation in the state that had been weaved in collaboration with Israeli security agents.
“Insecurity is threatening to come back, kidnapping is on the rise. Armed robbery is on the rise because they have hijacked the security of the state,” Amaechi added.
Mr. Mbu in an unprecedented retort by a commissioner of police against a governor since the famous Eyitene-Nwobodo affair, described Amaechi as a dictator.
“Our governor is a dictator and he’s being tyrannical. He wants everybody here to say ‘yes sir’ to him and I say I will not say ‘yes sir’ to him. I will not. I must be a professional and will stand tall.”
The controversy worsened last week when First Lady Dame Patience Jonathan visited the state and the full complement of the security forces were deployed to guide and guard the president’s spouse and her entourage. There were reports of the governor being at one time locked in inside the Government House as security agents were deployed around the city as Madam Jonathan moved about.
Last Tuesday, the situation worsened after the governor threatened to march through the state in solidarity with his supporters against what is perceived as the highhandedness of the police against him.
Receiving a delegation led by Senator Wilson Ake, Governor Amaechi: “I have told the commissioner of police to be ready to shoot me; I will be in front. I will not sit here and wait for you to come and give me a letter,” he said in blunt rebuff to alleged warnings by Mbu against solidarity marches.
“I will march down with you people and we will give the SSG’s letter to give to the Federal Government. So that if they want to shoot, they can shoot me. We have a right to express our views,” he said.
Eyitene who died last year at the age of 79 may not have known Mbu or passed on any lessons to him, but the powers wielded by the two men is inevitably bringing again to the fore, the ringing constitutional controversy of the powers of the governor over the commissioner of police.
What the law says
The legal basis of the relationship between the governor and the commissioner of police is detailed in section 215 of the constitution which states thus: (4) Subject to the provisions of this section, the Governor of a state or such Commissioner of the Government as he may authorise in that behalf, may give to the Commissioner of Police of that state such lawful directions with respect to the maintenance and securing of public safety and public order within the state as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with:
Provided that before carrying out any such directions under the foregoing provisions of this subsection the Commissioner of Police may request that the matter be referred to the President or such minister of the Government of the Federation as may be authorised in that behalf by the President for his directions.
(5) The question whether any, and if so what, directions have been given under this section shall not be inquired into in any court.
So while the governor or even his commissioner can give orders to the commissioner of police, the latter is not bound to obey or carry out such instructions. After all, he has the powers of the gun and provides the main bulk of the security around the governor.
That is the situation that is again playing out in Rivers State.
Governor Amaechi in blunt reference to the ongoing dispute between him and the presidency had alleged that Mbu was brought to the State by “someone at the top” to harass him.
Security council
“Somebody at the top changed our Commissioner of Police and brought a man that when we finish security council meetings, he goes ahead to report who said what and we are unable to hold any security council meeting anymore,” Amaechi told former Minister of Petroleum, Prof. Tam David-West who paid him a courtesy call last week.
Amaechi was to further accuse the commissioner of compromising the security situation in the state that had been weaved in collaboration with Israeli security agents.
“Insecurity is threatening to come back, kidnapping is on the rise. Armed robbery is on the rise because they have hijacked the security of the state,” Amaechi added.
Mr. Mbu in an unprecedented retort by a commissioner of police against a governor since the famous Eyitene-Nwobodo affair, described Amaechi as a dictator.
“Our governor is a dictator and he’s being tyrannical. He wants everybody here to say ‘yes sir’ to him and I say I will not say ‘yes sir’ to him. I will not. I must be a professional and will stand tall.”
The controversy worsened last week when First Lady Dame Patience Jonathan visited the state and the full complement of the security forces were deployed to guide and guard the president’s spouse and her entourage. There were reports of the governor being at one time locked in inside the Government House as security agents were deployed around the city as Madam Jonathan moved about.
Last Tuesday, the situation worsened after the governor threatened to march through the state in solidarity with his supporters against what is perceived as the highhandedness of the police against him.
Receiving a delegation led by Senator Wilson Ake, Governor Amaechi: “I have told the commissioner of police to be ready to shoot me; I will be in front. I will not sit here and wait for you to come and give me a letter,” he said in blunt rebuff to alleged warnings by Mbu against solidarity marches.
“I will march down with you people and we will give the SSG’s letter to give to the Federal Government. So that if they want to shoot, they can shoot me. We have a right to express our views,” he said.
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