One Year After Endsars: What Is The Same And What Has Changed About The Nigerian Police?

The first anniversary of the ENDSARS protests reminds us all about a  time Nigerian youths thronged the streets in protests against certain malfeasances by the the Special Anti-Robbery Squad (SARS), now disbanded. Are there positive results from the protests?

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It has been a year after the cataclysmic EndSARS movement, an epic social demonstration by youths to protest police harassment and brutality occurred in Nigeria. The protest which metamorphosed from the social media space into wild street demonstrations in October 2020 was necessitated by the overbearing excesses of the Special Anti-Robbery Squad (SARS), a now-disbanded police tactical unit notorious for brute cruelty, extrajudicial killings, extortion, and harassment of targeted youths.

Although SARS activities and general issues of police brutality, including unlawful arrests, torture and extrajudicial killings were at the core of the protests, the movement soon became a platform for demanding the government’s decisive action against insecurity, bad governance, and economic problems blamed for the suffering of the majority of Nigerians and lack of opportunities for the youth. After it gained momentum in Lagos and Abuja in the early days of October 2020, the protests gathered traction nationwide to the point of disrupting normal economic and commercial activities, it eventually got the attention of states and the Federal Government and was finally terminated on the night of October 20, 2020 when alleged military force was used on protestors at the Lekki tollgate in Lagos.

On Wednesday, October 20, 2021 marked the first anniversary of the EndSARS protests, and ahead of the anniversary, youths planned to stage peaceful processions in honour of the victims of police brutality in general and particularly those whose lives were allegedly cut short during the protests.

In Nigeria, the rights to hold peaceful processions are guaranteed under the 1999 Constitution of the Federal Republic of Nigeria (as amended). While Section 39 states that every person “shall be entitled to freedom of expression,” Section 40 stipulates that every person “shall be entitled to assemble freely and associate with other persons” With these provisions, the Police Act, 2020 further clarifies the roles of the Nigeria Police during every peaceful protest. Under Sections 4(a-c) and 5(3), specifically, the Act specify that the responsibility of the Nigeria Police is largely to protect citizens who embark on civil, lawful, or peaceful protests and not to threaten them.

However, the plan to hold the memorial protest elicited a stern response from the police command of many states and the Federal Capital Territory (FCT) which were wary of the tendency of hoodlums infiltrating the ranks of the peaceful protestors and hijacking the processions to wreak havoc again like they did a year back.

The anniversary memorials took place in some states with scant misadventure, although there were reports of certain overzealous police officers still making arrests of protestors, journalists and using tear gas to disperse people from the venue of the protests.

Even though there was no form of centralised leadership team or coordinating structure mobilising the protests in different parts of the country, the street demonstrations came down to a general five-point demand that will be used to monitor the progress made so far. The demands included compensations for the families of those who lost lives and properties under police brutality, the unconditional release of all arrested protesters and an increase in the salaries and allowances of police officers. Protesters also demanded that an independent body be set up to investigate allegations of police misconduct and to prosecute those indicted. They also called for the psychological evaluation of officers of the disbanded SARS before they are redeployed into other units.

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It will be recalled that in an attempt to quell the rampaging protests, Mohammed Adamu, who was the Inspector-General of Police (IGP) during that period, disbanded the SARS unit and announced the formation of a new squad named Special Weapons and Tactics Unit (SWAT). However, the announcements did not satisfy the protesters, who saw it as just another ceremonial rechristening. As such, it did little to get them off the streets as it was not the first time police authorities had announced the disbandment or overhauling of that police unit. According to the IGP, the mandate of the new SWAT team will be strictly restricted to response to robbery attacks, scenes of weapon-related crimes, rescue operations, and special operations involving high-profile criminals.

 He also gave the assurance that no personnel of the defunct SARS would be selected to be part of the new team. However, a year after, the unit is yet to have a clearly defined structure and has not fully commenced operations nationwide. Although Muhammad Dingyadi, Minister of Police Affairs, said officers of SWAT team were ready to be deployed in state commands, Alkali Baba Usman, the current IGP, admitted that the SWAT unit is yet to be fully operational as intended. This has left a huge policing gap in the society allowing criminals to take advantage of the deficit to perpetrate all sorts of heinous acts on wider scales and shocking proportions. The IGP further said the morale of police officers in the country has been low since the protest in October 2020.

It is noteworthy that during the protests 205 police stations and formations, including other critical private and public infrastructure across Nigeria were damaged by hoodlums who hijacked and infiltrated the rallies. Policemen were killed in Lagos, Oyo, Anambra, Benue, Abia, Ogun and Ebonyi states. Lagos and Oyo states had the highest figure of slain policemen, with six each, followed by Anambra State Police Command with four, Abia and Ebonyi had two each while Ogun recorded one. Lagos State Police Command also recorded the highest number of razed police formations with 48. It also had the highest figure of vehicles burnt, with 58 patrol vans and 13 others vandalised. Sixty-two vehicles belonging to individuals and those connected with some pending cases (exhibits) were also burnt while nine vehicles were vandalised by hoodlums in various police formations in the state, thereby bringing the total number of vehicles destroyed in Lagos State Police Command alone to 133, with 15 motorcycles and tricycles burnt, and 65 vandalised. Since the destruction of police formations and operational equipment that characterised the hijacked protest, the Lagos State Police Command, through the Police Trust Fund of the state government has received donation of 150 double cabin vehicles, 30 patrol saloon cars, four high-capacity troop carriers, two anti-riot water cannon vehicles and eight Armored Personnel Carriers. In addition to these are 200 security patrol bikes, 1,000 units of ballistic vests, 1,000 ballistic helmets, 1,000 handheld walkie-talkies, office furniture, and other ancillary resources, for the command to effectively carry out its statutory responsibility. But police formations nationwide have generally been worse off. Apart from Lagos, many other affected states are yet to fully rehabilitate the razed buildings or replace the destroyed properties, leaving the ill-equipped force further denied of adequate infrastructure to tackle crime.

The aftermath of the protests also saw the Coalition Against COVID-19 (CACOVID) the private sector initiative to support the government’s efforts in re-building and rehabilitating the economy in response to the pandemic, offering to assist institutions, businesses and citizens affected by the EndSARS protests, but there are indications that the programme may have run into deep hitches. The intervention programme to EndSARS victims has witnessed minimal support, with the bulk of the funds raised by the group being deployed to the fight against COVID-19 while the EndSARS rebuild project has been largely sidelined.

Some of the measures agreed upon by the CACOVID alliance included supporting the police with fund, and a commitment to fully rehabilitate all damaged and destroyed police stations nationwide in a bid to restore the provision of security in affected locations to strengthen the security apparatus in the country. CACOVID also committed to providing over N100 billion to procure equipment and gadgets for the Nigerian Police Force over the next two years as a contribution to fully modernizing the Nigerian Police. They also announced the provision of low-interest loans for affected businesses, and a N175 billion fund to empower four million youths through skill acquisition programmes over five years. The programme has, however, been shackled by funding inadequacies that restricted the scope of the intervention. After the initial inflows for the programme, most of the corporate pledges were not fully redeemed, a development that has created a huge funding gap of over 70 per cent and leaves it tilting on the edge of failure.

As a response to the protests, the National Executive Council (NEC), chaired by Vice President Yemi Osinbajo and state governors as members, passed a resolution for the setting up of state panels. Their duty will be to receive and evaluate public complaints of police brutality and extrajudicial killings and to recommend compensation for victims and officers for prosecution. The mandate of the panel was later extended to include investigations into the Lekki tollgate incident. The Judicial Panel of Inquiry and Restitution for Victims of SARS Related Abuses, commonly referred to as EndSARS panel, was chaired by retired high court judges and has members from civil society groups, the police, the National Human Rights Commission (NHRC), and youth groups. In the FCT and 29 states that set up the judicial panels of inquiry, over 2,791 petitions were submitted. Despite the directive, seven states: Borno, Jigawa, Kano, Kebbi, Sokoto, Yobe, and Zamfara States did not establish the panels. Over the past one year, 25 states: Abia, Adamawa, Akwa Ibom, Bauchi, Bayelsa, Cross River, Delta, Ebonyi, Edo, Ekiti, Gombe, Imo, Kaduna, Katsina, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers and Taraba have concluded sittings. But only Abia, Bayelsa, Cross River, Ekiti, Ondo and Nasarawa state judicial panels of inquiry have submitted and publicly presented reports to the state governments for implementation. Bayelsa, Ekiti and Ondo are the only states where reports are available to the public. Four states of Anambra, Benue, Enugu, Kogi, and the FCT suspended sitting for reasons that were not publicised, causing a delay in justice and leaving many petitioners stranded. Although the panels in some states have awarded compensations over many of the cases, the compensation process has not been seamless or speedy as expected with many sorts of stumbling blocks impeding the smooth recompense of affected victims, and as such, many of the panels have not been able to adequately provide compensation to victims apart from in Lagos State which recently reported paying compensation up to the tune of N420 million. In some cases, some petitioners have complained that the monetary compensations been awarded by the judicial panel are paltry compared to the ill-treatment they suffered. A petitioner who was awarded the sum of N7.5 million caused an uproar at one-panel sitting, saying the money was not enough. The petitioner, who is a shop owner at Alaba international market in Lagos, told the panel how officers of the now-disbanded SARS came to his shop in 2018 and threw him from a two-storeyed building, leaving his spinal cord damaged.

Part of the demands of the protesters was an investigation of allegations of police criminality and prosecution of the indicted ones and the panels were tasked with the investigations. These investigations were to check alleged cases of human rights violations such as extra-judicial killings, torture, extortion, harassment, sexual and gender-based violence, indiscriminate arrests, illegal detention, illegal arrests, and abuse of power by personnel of the Nigerian police. This process has yielded little or no success so far due to the uncooperative nature of police officers subpoenaed to appear before the panel to respond to issues involving them. With the recommendations of the panels in many states still largely unimplemented after a year, it is doubtful if any of the police officers investigated had been held accountable.

According to a statement issued by Laolu Akande, spokesperson to the vice president, at a meeting held last week, the National Economic Council (NEC) said the Federal Government and states would set up efficient modalities for the settlement of compensations awarded to victims of police brutality. The council also directed state governors to immediately forward copies of final reports of the panels to their attorneys-general for prompt arraignment and prosecution of all indicted persons.

The Inspector-General of Police at the time of the protest agreed to halt the use of force against the protesters and the unconditional release of those arrested. The IGP alongside the Ministry of Police Affairs and the Police Service Commission (PSC) also reaffirmed the constitutional rights of Nigerians to peaceful assembly and protest. Despite the claims, however, the police and other security agencies continued to use force against the protesters. But a year after the protest, many protesters are still being detained or prosecuted for being part of the protest.

As part of their five-point demand, the protesters demanded an upward review of the salaries of police officers, partly drawing a connection between the endless extortion of citizens, corruption, and viciousness being exhibited to the officer’s poor remuneration, training, and welfare. Findings reveal that the salary structure of the Nigerian police is poor when compared with global peers, and it is also established that the police are the least paid among corresponding security agencies in Nigeria. Following the protests and renewed demands for holistic policy reforms, President Muhammadu Buhari in his address to the nation during that period appealed to the protesters to discontinue their agitations. He added that his administration had come up with a new salary structure for police. He said: “Concerning the welfare of the police personnel, the national salaries, income, and wages commission has been directed to expedite actions on the new salary structure for the police force, the enrollment of other paramilitary services are also being reviewed upwards.” 

In June 2021 at an event to launch newly procured security equipment, including hundreds of patrol vans for Lagos State security agencies by the State Government at the Police College in Ikeja, President Buhari again disclosed that he had directed National Salaries, Incomes and Wages Commission (NSIWC) to carry out an upward review of salaries of policemen. The president also stated that 10,000 new personnel were being recruited into the force, declaring that no administration since 1999 has been  committed as his administration in reforming and repositioning the Nigeria Police Force and national policing architecture. It is important to note, however, that this is not the first time that the President has stated this form, which are always made public, but whether or not they have been implemented or disclosure of processes in play to aid their fruition, is often clouded in secrecy and uncertainty. It is still within the realm of speculation if these enhanced welfare systems have been implemented for the police or not.

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Furthermore, two days after the disbandment of SARS, the IGP ordered officers serving in the unit to report to the Force Headquarters in Abuja for debriefing and psychological and medical examination, ahead of their redeployment to other units of the police. It remains unclear whether this process was carried out. While police vehicles and personnel are no longer seen in public with the SARS inscription, many believe members of the, unit have been redeployed to other functions within the force without proper evaluation.

Many Nigerians seeking reforms believe that not much has changed since the EndSARS protests. Real change and broad structural reform of the force demanded by the protesters remain inexplicably elusive. Since the protest, the government has targeted some of the activists who played various financial and mobilising roles in galvanising the protests, including freezing their accounts. The online platforms and mechanisms such as Twitter which was actively used by activists to plan and shape the protests have also been subject to intense clampdown, further suggesting that no deep wholesale rebirth process is being conducted to refine the police force and larger societal problems which are simultaneously on the rise. It is widely believed that no holistic policy shift, core reforms or rebuilding process have taken place in the force to instill transparency and accountability across board.

There have been allegations of continuous harassment of citizens by some members of that same unit, suggesting that the SARS personnel, and infrastructure is still somewhat in place though operations have significantly reduced compared to what was obtainable before the protests. So rife were some reports making the rounds that the decision to disband SARS had been reversed, and that the IGP had to make another re-assurance just a week ago that there are no plans to bring back the unit under any guise. He further stated that the Force has since re-organised its operational structure to fill the vacuum created by the disbandment of SARS and that currently; the leadership of the Force is focused on efforts at deepening reforms within the police and bequeathing Nigerians a Police Force that will be more effective, efficient, technology-driven, humane and Rule of Law-compliant.

The outcome of the recent NEC meeting suggested that reports from the different panels of inquiry would be reviewed and all recommendations synthesised. But in the meantime, the Federal Government appears largely non-committal to ensuring full-scale implementation of all the recommendations to craft a functional police system that serves a core mandate of combating crime, maintaining law and order, while also safeguarding the lives and properties of citizens.

At face value, there has been no publicised report of any SARS officer being arrested and prosecuted for the series of notorious acts committed by the dreaded unit. And although the wide-scale protests have somewhat left a mark of citizen awareness and resistance to excesses of authorities in the minds of the officers, making them a bit more circumspect and cautious in public conduct, the harassment, unprofessionalism, and extortions are sadly still very obtainable among members of the police force.

One year on and the five-point demand which is the nucleus upon which the protest was based and the core metric of measurement has achieved largely disappointing and insufficient successes to inspire hope for the future. The symptoms of this societal malaise are still prominently apparent and continue to fester organically. There is no gainsaying the fact that the situation can be likened to a “one step forward, two steps backward” scenario as the force is simply still distant from attaining the minimum standards of a properly equipped, structured, responsive, responsible, and effective police force.