THE National In stitute for Policy and Strategic Studies (NIPPS), Kuru, Plateau State, reacted yesterday to the demotion of former Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu, who is undergoing a course at the institute, saying it is confused on what to do.
Mallam Ribadu was one of the 140 police officers, whose promotions were cancelled by the Police Service Commission on Tuesday, which said the promotions did not follow due process.
The former EFCC boss, who was promoted twice within two years first from Deputy Commissioner of Police to Commissioner of Police and then from Commissioner to Assistant Inspector-General by former IG, Mr. Sunday Ehindero, has reverted to Deputy Commissioner.
Reacting to the development, Acting Director-General of NIPPS, Dr. Yakubu Sankey confirmed the confusion to journalists yesterday, declaring that the institute would await further directives on the matter as it had never had such a situation on its hands.
�The development in the police is a surprise to us here. They were the one who sent him here and he is more than half way through his programme, so what do we do? This is the first time we are facing this kind of situation. I am waiting for instructions from above.
�I don�t think it is wise for us to say anything on the issue, moreso, that the police authority has not briefed us on the demotion. We are just reading it on the pages of the newspapers. We cannot just say go away on the basis of what we read in the dailies. I am waiting for directive from above and until I hear from above, I cannot do otherwise,� he said.
Sankey, who is the Director of Administration and Finance of the institute was responding to enquiries on what becomes of Ribadu with his demotion which made him unqualified to be a participant of the Senior Executive Course of the institute.
He confirmed that the minimum qualification for a police officer to be a participant was the rank of commissioner apart from having a degree, among other requirements, adding that the hands of the institute were tied on Ribadu�s status unless directed otherwise.
He said the few exceptions where the institute had had to lower entry qualification for participants was for deputy directors in the Federal Civil Service based on recommendation from their ministries since the minimum qualification for a civil servant is from the rank of director and above.
Ribadu, himself was sighted attending a lecture with other participants when journalists visited the institute yesterday. Efforts to get his reaction, however failed.
Meanwhile, other officers who were affected by the demotion have resolved to continue wearing their ranks as the Inspector-General of Police, Mike Okiro, is yet to issue any directives to the contrary.
�Apart from that, we have not seen any circular directing we revert with immediate effect and as you know, we cannot act just because we saw it on the pages of newspapers,� an officer said.
Vanguard investigations further revealed that contrary to some insinuations that the Inspector-General, Mike Okiro may have been the brain behind the decision of the Parry Osayande-led board of the PSC to annul the promotions of the officers, Okiro was worried about the development and its implications for Command and Control.
�I can tell you authoritatively that even when the IG was asked to send down the list of the officers that fall in this category which originally, he would have acknowledged with his signature, he delegated that responsibility to a junior officer (a CP), who also signed the list that was forwarded to the commission,� an officer said.
When Vanguard visited the Force Headquarters, many people questioned the rationale of the action.
It is on this basis that a senior police officer, who spoke on condition of anonymity told Vanguard that those who are peddling the rumour that Nuhu Ribadu will resign from the police are mistaken, because he is going to court to challenge the action of the commission.
Said the senior officer: �If the Police Service Commission says their board was not in place when the promotions were made, is it the fault of the police officers that the President, who is Chairman of the Police Council, approved their promotions based on recommendation of the Police Management team?�
Explaining that about 80 per cent of the promotions were carried out in 2006, the source said �police authorities followed due administrative procedures within the two years the commission was not in place, pointing out that many of the officers have stagnated in the rank before their promotions for periods ranging from five to 12 years, something the Police Service Commission said it wanted to address.
�Are they saying that officers whose mates are AIGs and CPs when they were retaining their ranks of CSPs or ACPs for years without complaining and praying to God to intervene over their ordeals, should have stagnated for the two years, 2006-2008, the PSC was not in place or should have rejected promotion that was approved by then Mr. President, who incidentally, approves the recommendation of the PSC before implementation?�
Vanguard�s investigation also revealed that during the tenures of Alhaji Ibrahim Coomassies and Mr. Musiliu Smith as IGPs, instances when the Police Service Commission was not in place and both IGs recommended officers for promotion occurred and till today, the promotions of those officers have stood without any demotion.
It will be recalled that following the inauguration of the PSC board in March this year, the Chairman of the board on a visit to the IG made known his desire to put things straight especially as regards promotions, postings and appointments noting that things would not be as it used to be, adding that all promotions, postings done without PSC approval would be reviewed.
The statement of the PSC Chairman was said to have caused unease in the Presidency resulting in President Yar� Adua setting up a committee headed by the SGF, Alhaji Babagana Kingibe to investigate the allegation that promotions done when the board was not in place was improper.
At the end of its sitting, Kingibe was said to have come out with the recommendation that since the promotions were approved by the President of the country at the time, Chief Olusegun Obasanjo based on recommendation of the Police hierarchy it could stand but Mr. President was said to have opted to follow what the law says concerning the role of the PSC.
According to a statement by Chairman of the Commission, DIG Parry Osayande (rtd.), six Commissioners of Police were reverted to Deputy Commissioners, nine Deputy Commissioners were reverted to Assistant Commissioners of Police, eight Assistant Commissioners were reverted to CSPs, 11 CSPs were reverted to SPs, 13 SPs were reverted to DSPs, 29 DSPs were reverted to ASPs, while 45 ASPs were reverted to Inspectors.
The statement said, �PSC found as very disturbing, the irregular promotion of 140 officers prior to the inauguration of the commission without due recourse to the Police Service Commission (PSC) that has the statutory responsibility to do so.
The commission notes that the special promotion was not based on the established criteria and was a total breach of Section 153 of the 1999 Constitution and the Police Service Act 2001.
�It has therefore been the cause of disillusionment, agitations and indiscipline within the Nigeria Police Force. Consequently, after due consideration of this administration�s avowed commitment to the rule of law, and in order to guarantee a level playing field for all members of the police force, the commission re-examined the guidelines for promotion for all ranks ranging from Deputy-Inspectors General of Police to Constable.�
Guidelines for Police promotion
It listed some of the guidelines as seniority and merit, minimum of three years on a rank, attendance of relevant promotion courses, must have passed oral interview conducted by the commission, must not have a pending disciplinary matter, must be based on exceptional performance such as acts of gallantry and bravery, and must not be for merely doing their normal jobs.
The statement added that, �in order to restore the broken down disciplinary mechanism which has sustained the police over the years, the commission has decided to cancel the promotion of 140 officers, whose promotion breached the established criteria. Accordingly, all those affected should revert to their former ranks with immediate effect.
Thereafter, all those who are qualified, and meet the established criteria will be considered for promotion on merit, subject to available vacancies and recommendation of the Inspector-General of Police.�
Gani others condemn demotion
Lagos lawyer, Chief Gani Fawehinmi (SAN), Mr. Bamidele Aturu, Socio-Economic Rights and Accountability Project (SERAP) and Afenifere, yesterday joined in the condemnation of Tuesday�s demotion of 140 police officers, including the immediate past Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu by the Police Service Commission.
Chief Fawehinmi in a statement in Lagos, said, �I condemn as absolute bizarre, the demotion of Ribadu from AIG to DCP after his illegal and unjustifiable removal as EFCC chairman. Ribadu�s non-criminal offence for these atrocious and oppressive action of the Federal Government against him is his (Ribadu�s) honest character and unprecedented arrest, arraignment and trial of some powerful big men for corruption.�
Further, he said, �I want President Umaru Yar� Adua to realise that any government that punishes honesty sows the seed of its inevitable destruction by corruption.�
SERAP
SERAP in a petition to the UN Special Rapporteur, said �we believe that the demotion is in bad faith and part of a persistent smear campaign against Mr. Ribadu for his anti-corruption campaign while in office. There are credible reports that while the government was announcing Mr. Ribadu�s demotion, it was also making attempts to arrest him in Kuru, Jos, purportedly for questioning.�
According to the group, �we are deeply concerned by the retaliatory measures taken by the Yar� Adua government to arrest and demote one of the most efficient, focused, consistent and hard working anti-corruption campaigners in our country.
The threats of arrest and demotion not only aim to continue the victimisation of Ribadu for his anti-corruption activities as Chairman of the EFCC but also to harass, intimidate and frustrate the work of other anti-corruption campaigners and institutions.
We are seriously concerned about the safety and well-being of Mr. Ribadu and fear that continuing attacks against him are a reprisal for his efficient and diligent prosecution of official and political corruption while in office.�
It further said, �the continuing attacks, intimidation and harassment of Ribadu demonstrate the increasing intolerance of the Yar� Adua government for independent opinions and voices of criticism calling for accountability and transparency in a country that has witnessed pervasive political and official corruption and the impunity of perpetrators for decades.
We consider Ribadu to be a human rights defender within the provisions of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms of 1998 (UN Declaration on Human Rights Defenders).
We ask you to urgently assert your mandates to put pressure on the government of Nigeria to reverse its decision to demote Mr. Ribadu and to stop further threats of arrest, harassment and intimidation against him.
The Special Rapporteur should send a strong message to the government of Nigeria that the campaign of intimidation and harassment against anti-corruption campaigner is unacceptable, and will not be tolerated.�
Aturu
According to Aturu in a telephone interview, �the government has taken a decision that will hunt it for a long time for many reasons. First, many Nigerians will not be convinced that this is not a continuation of the war against Ribadu for the role he played while he was the EFCC chairman.
Secondly, many people will also argue that those who bankrolled the election of the President were instrumental to the emergence of the new EFCC boss, have finally taken over Nigeria, not just the government because all the policy directives seems to be coming from them.�
Further he said, �the argument about the rule of law is not very honest. I stand to be corrected, there is no law in the police force or Nigeria that stipulates how an officer on the rank of ACP is to be promoted. Once you get to the rank of ACP, promotions and appointments become political.
Many officers have been promoted from CP to DIG, like the present IG, Mike Okiro. He never was an AIG. Why was he not demoted. Tarfa Balogun, former IG was promoted from AIG to IG. He was never a DIG and there are many other instances.
�All this talk about the man being favoured is not a serious argument, given that he was EFCC chairman at the time and many Nigerians will smell a rat and I think the Police Service Commission has only been used as an instrument by those who held the President hostage.
I advise them to reverse what they have done because it smacks of witch-hunting and will discourage other police officers to work for the country. In spite of the mistakes of Ribadu, which I had pointed out in the past, I think they are carrying the attack on him too far,� he added.
Afenifere
Afenifere in a statement, said, �we are quite uncomfortable with the demotion of 140 officers of the Nigerian Police Force by the Police Service Commission. The term demotion in both the Armed Forces and the Police connotes punishment for grievous offences. The Police Service Commission has yet to tell us the offences committed by these officers.�
According to the group �beyond this however, we have other issues to take up with the Police Service Commission. We are alarmed that about 40 of the demoted officers, compared to nine from the North, come from the South-West geopolitical zone which means they are all Yoruba.
We want to be convinced that this is not another continuation of geographical manipulations to ensure that a certain ethnic stock continues to take all the sensitive positions in the Force now and in the future.
�The demotion of Ribadu is an embarrassment this administration will have to contend with. Ribadu was posted from the EFCC to Kuru on the excuse that he was an AIG who has not gone through NIPSS Course.
This means the regime accepted his rank. To turn around now and demote him is a confirmation of the fears that Yar�Adua-lity is the hallmark of public policy under the administration.
�The late Haz Iwendi was buried as a Commissioner of Police with full honours. Are they going to exhume his body and re-bury him with his new rank?
If the excuse for these demotions was that the officers were promoted out of rank, why is the name of Mr. Mike Okiro (IGP) not on this list? It is on record that he was promoted from CP to DIG without ever being an AIG. Even his confirmation as IG by passed Onovo, who was senior to him. From all the above, our deductions are that these exercises were carried out for two reasons; ethnic manipulations of the Force and humiliation of Ribadu,� it added.
Falana
President of the West African Bar Association (WABA), Mr. Femi Falana yesterday said the demotion of the former Economic and Financial Crimes Commission (EFCC) boss, Mr. Nuhu Ribadu and other police officers is illegal and should be reviewed.
Falana said in a statement that the Police Service Commission has no such powers to demote police officers already promoted without committing any criminal offence.
The statement said: �Purported reduction in the rank of Mr. Nuhu Ribadu and 139 other police officers by the Police Service Commission on the ground that the Police Authorities who promoted them a few years ago did not follow �due process� is illegal and unconstitutional.
Having been made to wear their ranks, given statutory responsibilities and paid salaries and other allowances in line with their promotions the Police Service Commission cannot, in law, demote such officers by virtue of Section 151 of the Evidence Act which provides as follows:
�When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative in interest shall be allowed, in any proceedings between himself and such person or such person�s representative in interest, to deny the truth of that thing.�
�Since the said officers have acted on the fact of their promotion the Police Authorities are estopped from denying the fact of such promotion. In Obafemi Awolowo University v. Dr. A. K. Onabanjo (1991) 5 NWLR (PT 193) 549, the staff conditions of service provided that confirmation of employment of a university lecturer shall be in writing after a three-year probationary period.
The respondent�s appointment was not confirmed in writing after the probationary period but was allowed to continue to teach for three months thereafter.
The purported termination of his appointment on the ground that he had been confirmed was set aside by the Oyo State High Court. On appeal the judgment was confirmed.