This week’s article centers on the case of NPF & Ors v Police Service Commission & Anor (2023) LPELR-60782(SC) and seeks to answer the question on the authority that has the power to recruit Constables in the Nigeria Police Force and whether recruitment and appointment have the same meaning.
In that case, the dispute arose when the President of Nigeria approved the enlistment of 10,000 recruit constables by the 1st Appellant (NPF). The 1st and 2nd Appellants (IGP) began the recruitment process, but the 1st Respondent (Police Service Commission) raised concerns, leading to an originating summons before the Federal High Court. The NPF won at the trial court but lost at the Court of Appeal. Aggrieved by this, they further appealed to the Supreme Court.
For the core issue for determination, the senior counsel for the Appellants argued that the lower court’s reliance on the Public Service Rules, 2008, to equate the terms “recruitment” and “appointment” was a significant error leading to a miscarriage of justice. The learned senior Counsel asserted that Regulation 71 of the Nigeria Police Regulations 1968 clearly outlines the designated statutory officers responsible for enlisting recruit constables which is the 1st appellant. The enlistment, according to the argument, serves the purpose of identifying and training individuals before their potential appointment to offices within the Police Force (1st Appellant).
On the other hand, the senior counsel for the 1st Respondent (The Commission) contended that the argument suggesting a disparity between “appoint persons to offices in the Nigeria Police Force” and the “enlistment of recruit constables” misinterprets Section 153(2) of the Constitution and the Police Service Commission (Establishment) Act, 2001. Counsel argued that the legislative provisions grant the The Commission the authority to appoint, which inherently extends to the recruitment or enlistment of constables.
Make e no be like person whey dey explain with no evidence, He relied on Chapter 2, Section 2, Number 020201 of the Public Service Rules, 2008 Edition, which reads: “recruitment” means the filling of vacancies by the appointment of persons not already in the Public Service of the Federal Republic of Nigeria. It, however, excludes the transfer of officers from other Public Service in the Federal Public Service.
Sections 153(1) (M) of the 1999 Constitution provides for the Commission. For reference’s sake, Paragraph 30 of Part 1 of the Third Schedule to the Constitution provides as follows: “The Commission shall have the power to – a. appoint persons to offices (other than the office of the Inspector-General of Police) in the Nigeria Police Force.
To give effect to this provision, the legislature established the Police Service Commission through the Police Service Commission (Establishment) Act 2001as a body corporate with perpetual succession. The powers and functions of the 1st Respondent are enumerated in Section 6 of the Police Service Commission (Establishment) Act, 2001. Section 6(1) of the Act, states that “The Commission shall: a. be responsible for the appointment and promotion of persons to offices (other than the office of the Inspector-General of Police) in the Nigeria Police Force”.
In resolving this dispute, the Supreme Court, per Abubakar JSC started addressing the issues one after the other. Firstly, he opined that it is the duty of the Court to interpret the relevant provisions of the Constitution and determine the intention of the legislature is a fundamental aspect of constitutional jurisprudence.
To the issue at hand, the Supreme Court upholding the decision of the Court of Appeal and overturning the trial court’s decision, held that the power of appointment, vested in the Police Service Commission, inherently includes the authority to recruit constables. The court held that the 1st Respondent is constitutionally empowered to carry out the process of choosing or designating persons for positions or offices within the Nigeria Police Force, other than the office of the Inspector-General of Police. I am of the view that the word ‘appoint” used in Paragraph 30(a) Part 1 of the Third Schedule to the Constitution and Section 6(1)(a) of the Police Service Commissions (Establishment) Act is all-encompassing. It is wide enough to cover the recruitment, employment, or enlistment of recruit constables into the 1st Respondent.
On the appellant’s argument, the Appellants have laid claim to the provisions of Regulation 71 as the enabling legal regime which empowers the 2nd Appellant(IGP) to recruit constables into the 1st Appellant, and the said Regulations headed “recruitment officers” reads: “71. Subject to any necessary delegation of powers by the Nigeria Police Council and subject to the control of the Inspector-General, the officers responsible for the enlistment of recruit constables to the Force shall be – (a) The Commandant, Police College Ikeja, hereinafter called the recruitment officer, South, in respect of candidates from the Southern States; and (b) The Commandant, Police College Kaduna, hereinafter called the recruitment officer, North, in respect of candidates from the Northern States.”
The court held that without seeking aid or guidance from anywhere else, the above provision is, in my view, very clear and devoid of any ambiguity; the President, by the above Regulations, had designated the respective Commandant of the Police Colleges at the relevant time as the recruitment officers for the enlistment of constables. Even though the exercise of such power was subject to the control of the 2nd Appellant, the Inspector-General of Police, the power of enlistment nonetheless resided in the respective Commandants and not the 2nd Appellant, as alleged by the learned Senior Counsel for the Appellants.
In any event, even if it is determined that the exercise of control by the Inspector-General under Regulation 71, the relevant question will be whether this provision will stand in the face of the provisions of Paragraph 30 of Part 1 of the Third Schedule to the Constitution and the establishment and powers of the 1st Respondent under the Police Service Commission (Establishment) Act, 2001. As such, it was found that the 1968 regulation was contrary to the Constitution and other enabling act and for that reason, null and void.
In conclusion, the principle of law is that it’s the Police Service Commission that has the authority to recruit constables in the Nigeria Police Force not the Inspector General of Police.
Thank you for being with you all through 2023. See you in 2024.
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