HOW AND WHY REGULATION 71 OF THE NIGERIA POLICE REGULATIONS, 1968 WAS DECLARED UNCONSTITUTIONAL IN NPC & ORS V PSC & ANOR

Abstract

This paper critically reviewed the case of NPF & Ors v PSC & Anor where the power of the Police Service Commission to “appoint” police officers into the Police Force (except I-GP) under Paragraph 30 of Part 1 of the Third Schedule to the CFRN, 1999 as amended conflicted with the power of the Inspector-General of Police to “recruit” constables into the same Police Force under Regulation 71 of the Nigeria Police Regulations, 1968 and section 18 of the Police Act, 2022. The paper found that the judgment in the case proclaimed the supremacy of the Constitution over the lawmaking power of the legislature for which reason any law enacted in breach of constitutional provision is liable to be declared null and void. Furthermore, it was adjudged that power to appoint includes power to recruit. Accordingly, any power conferred on a person or entity by the Constitution cannot be curtailed or shared with anyone else unless the Constitution so provides. Consequently, both Regulation 71 of the Nigeria Police Regulations,1968 and section 18 of the Police Act, 2022 were declared unconstitutional, null and void for conflicting with the provisions of Paragraph 30 of Part 1 of the Third Schedule to the CFRN, 1999 as amended. It was therefore recommended that existing statutes such as Nigeria Police Regulations, 1968 promulgated prior to the extant Constitution should be modified to bring them into conformity with the Constitution failing which they will be declared null and void to the extent of their inconsistencies.