House of Representatives Deputy Speaker Benjamin Kalu has warned against creating a new security outfit that will usurp the constitutional functions of the Nigeria Police Force (NPF).
Kalu said this during the consideration of a Senate Bill seeking to establish the Nigeria Mines Ranger Service (NMRS) to prevent and combat illegal mining artisanal mining and other crimes.
The Deputy Speaker expressed concern about the provisions of one of the clauses in the Bill which he said was already contained in the Police Act.
A robust debate centred on Clause 23 of the Bill which deals with the power to obtain information and members expressed concern about the provision.
But Kalu queried the scope of powers granted to the proposed service asking if Mine Rangers were being positioned to perform police duties.
He said: ‘These rangers are they going to be performing the work of the police? I was thinking they will arrest and hand over to the police for investigation. That is not what I am seeing in Clause 23. I am worried about Clause 23: Power to obtain information.’
The clause states: ‘For the purposes of carrying out the powers conferred on the service under this Bill the Commander-General or any other officer or employee of the service authorised in that behalf shall have a right of access to all records of any person or authority affected by this Bill for the specific purpose of discharging his duty under this Bill.’
Kalu said the service was going to be given the power of investigation if the Bill was passed as presently drafted adding that such powers ordinarily reside with the police.
He said: ‘That is investigation. It is the police that have the right to go into the records of individuals. Are you telling me that a mining ranger can when they are invited against you or your properties or your premises have access to your private information? I thought it is the police that is given the right to do that.’
House Leader Julius Ihonvbere said the provision could be subject to amendment where necessary but defended the need for preliminary investigative powers.
‘Well they are subject to some amendment if necessary. But if they do not carry out preliminary investigation of those they accost in the illegal mining they cannot brief the police adequately for prosecution in the law court. So they are not taking over the role of the police’ Ihonvbere said.
For Kalu there was a need to avoid conflict of mandate stressing that the Ranger Service should be under the police in terms of investigation hierarchy.
‘The Chairman is worried about Clause 23 so that there will be no conflict with regard to the mandate of the Nigeria Police and the Rangers. In the order of hierarchy the Rangers should be under the police in terms of investigation.
‘So they are carrying out the duty of the Nigeria Police which the Constitution and the Police Act in this case have given to the police; there will be a conflict’ Kalu said.
Ihonvbere argued that the clause was intended to prevent wrongful arrests citing recent incidents where persons not engaged in illegal mining were arrested.
‘In the recent incident there were persons who were arrested who were not even engaged in illegal mining. I think that clause simply tries to give the rangers the opportunity to separate the criminals from innocent persons and then proceed with the proper regular process under the police’ he said.
But maintaining his position Kalu said any arrest on reasonable suspicion should automatically activate the mandate of the Nigeria Police as provided in the Police Act.
‘I believe that when there is a reasonable suspicion and an arrest is conducted those arrests should be the activation of the mandate of the Nigeria Police as allowed by the Police Act. Anything contrary to that will be usurping the office of the Nigeria Police.
‘I have a problem with that so that we don’t end up creating something that will work against the ground norm of our country which has recognised in this case the police’ he said.
Consequently the House resolved to step down the Bill for further legislative engagements.
‘We will step this Bill down for further legislative engagements. Bill stepped down by the leave of the House. I am not impressed by the drafting of the Bill because clause 23 doesn’t make so much sense to me. Thank you’ Kalu ruled.