By Osata Osayogie Raphael

The 1999 constitution is clearly stated,which juxtaposes the legal framework for state and federal law enforcement agencies in a conspicuous faction. The rule of law based on Nigeria constitution is highly institutionalized except there are extant exceptions in few cases that can be reviewed by constitutional rights, laws and regulations.

In Nigeria, the relationship between federal and state law enforcement agencies is complex, particularly when it comes to the powers and limitations of each.The issue of whether the Inspector General of Police (IGP) can unilaterally proscribe the Edo State Vigilante Service, a body established by the Edo State House of Assembly, raises significant legal and constitutional questions.

The Nigerian constitutional provisions, particularly the 1999 Constitution as amended, delineates the powers and responsibilities of federal and state governments. According to Section 214, the police force is established under federal jurisdiction. However, Section 4(7) of the Constitution allows states to establish law enforcement agencies within their jurisdiction, provided these agencies operate within the limits of their enabling laws and do not contravene federal laws.

However, the Constitution permits states to establish security outfits to assist in maintaining law and order, provided these outfits complement rather than conflict with federal agencies.The Edo State Vigilante Service was created by the Edo State House of Assembly to address local security challenges.

Moreover, the legal basis for Edo state vigilante service was constitutional stipulated by legislation.
The Edo State Vigilante Service was established through legislation passed by the Edo State House of Assembly and assented to by the Governor.This legislative process is consistent with the constitutional provision allowing states to create their own security frameworks.The creation and operation of such state-level bodies are thus constitutionally sanctioned, provided they operate within the boundaries of the law.

The jurisdiction and operational scope are well structured and operational
The Edo state vigilante service operates within the state’s jurisdiction and its functions are aimed at addressing local security issues.The state has the right to create institutions that address specific local needs, which is a constitutional power afforded to it.

Consequently, the role and powers of the Inspector General of Police,fully defined and specific

The IGP, as the head of the Nigeria Police Force, has authority over federal law enforcement activities.However, this authority does not extend to overriding state laws or state-sanctioned security outfits unless such outfits are in direct conflict with federal laws or national security interests.

Instinctively, the limitation on proscription focuses on federal security services. The IGP does not have the constitutional authority to unilaterally proscribe a state-sanctioned security outfit like the Edo State Vigilante Service. Proscription would typically require legal proceedings and justifications under both state and federal laws. Any such action would need to demonstrate that the outfit’s operations are illegal or detrimental to national security, and it would likely require legislative or judicial intervention rather than unilateral action by the IGP.

The legal precedents and interpretations well structured and operational by legislation and constitutional rights

The nigerian courts have traditionally upheld the right of states to create and manage their own security outfits as long as they comply with the constitution. Judicial precedents suggest that state-created security services, when functioning within the scope of their legal framework, cannot be unilaterally dismissed by federal authorities without substantial grounds and legal processes.

Therefore, the Nigerian legal system emphasizes cooperation between federal and state governments.The IGP’s role is to ensure that federal laws are enforced uniformly, but this does not extend to overriding state legislation that is constitutionally sound and properly enacted.

Conclusively,the Inspector General of Police does not possess the constitutional authority to proscribe the Edo State Vigilante Service, as this service was established through legitimate state legislation in line with constitutional provisions. Any action to alter or remove such a state-sanctioned body would require a judicial review or legislative intervention, not unilateral action by the IGP. The balance of powers between federal and state authorities necessitates respect for the jurisdictional boundaries and legislative frameworks established by the Nigerian Constitution.

Osata Osayogie Raphael Is A Media Strategist, A Communication Executive, A Political Media Strategist And A Financial Enthusiast.