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From Ndubuisi Orji, Abuja
Deputy Speaker of the House of Representatives, Benjamin Kalu, has cautioned against creating an agency that will usurp the constitutional functions of the Nigeria Police.
Kalu raised the concern in relation to a proposed legislation entitled “Bill for an Act to Establish the Nigeria Mines Ranger Service (NMRS) to Prevent, Combat Illegal Mining, Artisanal Mining and Other Crimes and Related Matters” (SB.253), which emanated from the Senate.
The Deputy Speaker took exception to Clause 23 of the bill, which states: “For the purposes of carrying out the powers conferred on the Service under this bill, the Commander-General or any other officer or employee of the Service authorized in that behalf shall have a right of access to all records of any person or authority affected by this bill for the specific purpose of discharging his duty under this bill.”
Kalu, who queried the scope of powers granted to the proposed Service, wondered whether the rangers were being positioned to perform police duties.
According to him, “These rangers, are they going to be performing the work of the Police? I was thinking they will arrest and hand over to the Police for investigation. That is not what I am seeing in clause 23. I am worried about Clause 23, Power to obtain information.
“That is investigation. It is police that will have the right to go into the record of individuals. Are you telling me that a mining ranger can, when they are invited against you or your properties or your premises, they have access to your private information. I thought it is the Police that is given the right to do that?”
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The Deputy Speaker added: “I believe that when there is a reasonable suspicion and an arrest is conducted, those arrests should be the activation of the mandate of the Nigeria Police as allowed by the Police Act.
“Anything contrary to that will be usurping the office of the Nigeria Police. I have a problem with that so that we don’t end up creating something that will work against the grundnorm of our country which has recognized in this case, the Police.”
The House Leader, Julius Ihonbvere, who sponsored the bill in the House, had argued that the clause was intended to prevent wrongful arrests, citing recent incidents where persons not engaged in illegal mining were arrested.
“In the recent incident, there were persons who were arrested who were not even engaged in illegal mining. I think that clause simply tries to give the rangers the opportunity to separate the criminals from innocent persons and then proceed with the proper regular process under the Police,” he said.
Nonetheless, the proposed legislation was stepped down by the House for further legislative consultations.
