The Kano State Attorney General and Commissioner for Justice, AbdulKarim Maude, SAN, has accused the State Commissioner of Police, Dr Ibrahim Bakori, of undermining the powers of Governor Abba Kabir Yusuf by boycotting the Independence Day Parade.
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The AG insisted that the action of the Police Commissioner to order for the boycott of the Independence Day parade constituted security risk and heightened needless tension in the state.
The AG specifically accused the Commissioner of Police, Ibrahim Adamu Bakori of “undermining the statutory powers vested in Governor Abba Kabir Yusuf as Chief Security Officer of the state.”
Yusuf had slammed a vote of no confidence on Bakori as Commissioner of Police in Kano, calling for his immediate removal after the withdrawal of officers and men at the Independence day parade at Sani Abacha Stadium.
Reacting to the circumstances surrounding the development, the newly appointed Commissioner for Justice asserted that Kano CP had breached the executive powers of the governor while exposing him to security threat.
The AG reminded that Commissioner of Police is bound by lawful directive of the Governor, especially in matters of public order and security, except for overriding order by the President.
Maude submitted that CP Bakori had failed the dual role of accountability and trust between the Governor and Inspector General of Police during the Independence day parade.
Although, the Commissioner for Justice cited Section 214 (4) of the Constitution, as amended, which affirmed the Nigeria Police Force as a single, centralised institution, which required the CP to be accountable to the IGP, he highlighted Section 215, which also recognises the role of Governors in issuing lawful directives to the CP for maintaining public safety and order within their states.
“The CP stands at the junction of dual accountability to both the IGP and the Governor. However, the dual accountability structure has led to disputes in the case of national day parade, where the CP was absent, leading to accusations of sabotage and unethical behaviour from the Governor.
“This incident demonstrates the ongoing constitutional debate about the CP’s accountability and the impact it has on governance, security, and federal balance in Nigeria. CP is bound by lawful directive of the governor in matters of public order and security except for the overriding order by the President.
“By failing to comply with the Governor’s directive and without invoking the Constitution mechanism of referral to the President, the Commissioner of Police arguably breached the constitutional balance contemplated under sections 214/215, thereby validating Governor Yusuf’s protest and demand against the CP”, he emphasised.
Adding weight to the governor’s condemnation, constitutional and human rights lawyer, Hamza N. Dantani, Esq, issued a strongly worded statement, describing the Commissioner’s decision as an affront to the Constitution and a breach of his professional oath.
Dantani reminded the Commissioner that under Section 176(2) of the 1999 Constitution (as amended), the governor is recognised as the Chief Executive of the state.
More importantly, Section 14(2)(b) of the same Constitution makes security and welfare the primary purpose of government.
He explained that Section 215(1)(b) provides for a Commissioner of Police in every state, while Section 215(4) makes it mandatory for the Commissioner to comply with lawful directives from the governor regarding the maintenance of public order and safety.
“The Constitution is clear. The governor gives lawful instructions, and the Commissioner of Police is bound to comply. The courts, from AG Anambra State v AG Federation to Chukwuma v COP, have reinforced this position. Anything contrary is a breach of constitutional duty,” Dantani stressed.
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