For the avoidance of doubt, the IGP does not make laws for the Nigerian People. The IGP’s pronouncements do not constitute laws in a constitutional democracy like Nigeria.
ONLY the members of NASS are empowered by our constitution to make laws for the federation. If the IGP wants some legal provisions to be established for whatever purpose, then an official bill must come from the police, through the Executive arm of government to the NASS for due considerations and passage by them.
This bill after passing through the normal protocols of the NASS is approved by a simple majority and is sent to the president for his ascent. That is when it becomes a law that the Police can now enforce.
The pronouncement by the IGP on tinted windscreens remain essentially what it is; the wishes and intentions of the IGP concerning such vehicles. No more. No less. It is not enforceable by our extant laws.
However, activities and the administration of the duties of the police such as the removal of police roadblocks are under the purview of the IGP and he is lawfully empowered by his office so to do.
Constitutional Democracy is cumbersome and time-consuming but it allows for representatives of the people to superintend over laws that guide the citizens and regulates their conduct. It also prevents arbitrariness and impunity of people placed in authority over them.
I am not a lawyer and not versed in constitutional matters. However, these are my views as an ordinary citizen. I stand to be corrected by more knowledgeable and experienced professionals.
Doyin Okupe is former Special Assistant on Media and Publicity to the President
