THE Nigeria Police Force is to have full powers to check election rigging and ensure free and fair polls in the country under a legislative proposal by President Umaru Yar‘Adua that also aims to send thugs out of election business.
The Police Act (Amendment) Bill 2009 which is part of the six bills presented by the President to the National Assembly as part of his initiative to reform the country’s electoral system also mandates the Police to provide security to all candidates during election campaigns.
Until now, low level candidates have had to rely on hired hands to guarantee their security.
Besides empowering the Police, the government has also proposed the re-establishment of the Centre for Democratic Studies with a mandate of serving as a training centre for the political class.
Subsisting legislation relegate the role of the Police to electoral officers at every level, a situation that has handicapped the Police from pro-actively checking infringements committed even by election officers on duty.
Under the proposal submitted by President Yar’Adua to amend the Police Act, the Police are to ensure that election materials are not stolen, hijacked, destroyed or fraudulently altered.
The bill which was presented to the Senate last week is expected to be read for the first time in the Senate this week. The bill which is adding a new sub-section 4(A) to the extant Police Act reads:
“BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows-
Amendment of Cap Party 19 LFN 2004 The Police Act 1967, as amended (in this Act referred to as “the Principal Act” is further amended as set out in this Act.
Amendment of Section 4
Section 4 of the Principal Act is amended by inserting immediately after the existing section 4 the following new Section 4A.
“4A. The Police shall while on election duty – Safeguard the security of the lives and property of citizens during the Campaign and voting so that citizens will not feel unsafe on account of holding, associating with or expressing a political opinion;
-Ensure the safety of electoral officers before, during and after election;
-Providing security for candidates during campaigns and elections;
-Ensure and preserving a free, fair, safe and lawful atmosphere for campaigning by all parties and candidates, without discrimination;
-Maintain peaceful conditions, law and order around the polling and counting centres;
-Provide security for electoral officials at voting and counting centres, and ensuring the security of election materials at storing, voting centres, and also in transit.
-It is the duty of the Police to ensure that election materials are not stolen, hijacked, destroyed or fraudulently altered by any group or person.
Citation
This Act may be cited as the Police Act (Amendment) 2009.
Explanatory Memorandum
This bill seeks to further amend the Police Act to provide for duties of the Police while on election duty.
The bill for An Act to establish the Centre for Democratic Studies notes that the centre shall “serve as a high level centre of reflection, research, and dialogue, where academics of intellectual excellence, the Political class, and other citizens with high level of practical experience and wisdom, drawn from different sectors of national life in Nigeria would meet, to reflect and exchange ideas on the great issues of democracy, particularly as it relate to Nigeria and Africa, in the context of dynamics of a constantly changing world.’’
A national forum by the Independent National Electoral Commission in August 2006 attended by former President Olusegun Obasanjo and Vice-President Atiku Abubakar and then Governor Goodluck Jonathan among other stakeholders had identified the Police as the main culprit in the perpetuation of electoral malpractices in favour of the incumbent government.
The forum had recommended among others that
“The Police as the lead agency in charge of law, order and internal security, should be strengthened to undertake security functions during elections in a way it has never done before.
“The Police must assert its independence and prove to Nigerians that it would be objective come 2007 elections. It is only then that it can enjoy people’s confidence and be able to secure, property, and the entire electoral process.”