Before Nigeria’s Independence on 1st October 1960, the administration of the colonial Police Force was governed by the 1954 Constitution, which gave the Governor-General the power to appoint promote, discipline, post and transfer all officers of the Nigeria Police Force, in consultation with the Secretary of State.
At Independence, the 1960 Constitution saw the establishment of a Police Service Commission with powers to appoint, promote, transfer, dismiss and exercise disciplinary powers over all police officers from Constable to the Inspector-General.
The Commission, according to Section 102 of the Constitution, was composed of two to four members appointed by the Governor-General on the advice of the Prime Minister, with one of the members a judge of the High Court.
In the exercise of its functions then, the Commission could, with the approval of the Prime Minister and subject to such conditions as it might think fit, delegate any of its powers to any of its powers to any other member of the Nigerian Police Force. The 1960 Constitution also required the Commission to consult the Prime Minister before making any appointment to the office of Inspector-General or removing such officer from office. The same was applicable to the office of Commissioner of Police a region where the commission was required to consult the premier of that region.
The 1963 constitution of the Federation vested the powers to appoint members of the Commission in the President, but on the advice of the Prime Minister. Other provisions of section 110 of the 1963 Constitution as they related to tenure, functions, power to delegate functions, appointment and removal of the Inspector-General or Commissioner of Police, were the same as those of section 103 of the 1960 constitution.
After the 1966 coupe that leads to the Military take over of government, there were virtually no changes except that by degree 12 of 1977, the chairmanship was taking over from civilians by the military. The Decree re-ordered the composition of the membership of the Commission with the Chief of Staff, Supreme Headquarters Major General Shehu Musa Yar’Adua as Chairman. The other five members included the Inspector General of Police, Deputy Inspector General, Chairman, Public Service Commission, another member of the Police Service Commission and a Retired judge with unlimited jurisdiction.
The second republic 1979 Constitution established the Police Service Commission (Membership) Act 1980 removed from the Commission, power to appoint the Inspector-General and vested that in the President, acting on the advice of the Commission. All other powers and functions remained unchanged except that it increased the membership from a maximum of four to eight. A civilian, Alhaji A. Fatika OFR, became the Chairman.
The military takeover of Government on 31st December 1983 saw the return of the Chief of Staff, Supreme Headquarters as Chairman of the Commission. Major-General Tunde Idiagbon, the then Chief of Staff Supreme Headquarters became the Chairman. With the military change of baton in August 1985, the Commission was suspended. The Head of State appointed the Inspector-General with whom he supervised the Police. Decree 5 of 1989 formally proscribed the Commission and transferred all its powers and functions to the Nigeria Police Council (NPC) under the Chairmanship of the Head of State. This situation prevailed until the 1999 Constitution restored the Commission and the enabling Act-Police Service Commission (Establishment) Act 2001 was enacted. All the powers and functions, including membership bestowed by the 1979 Constitution, were restored. The First Management of the Commission was inaugurated on 28th November 2001 with a civilian, Chief Simon Okeke FNIVS, FRICS, as Chairman whose tenure expired in November 2004. The Second Management of the Commission was inaugurated in April 2008 with a retried DIG, Mr. Parry B. O Osayande, CFR, OFR, NPM,mni as Chairman.
Paragraph 29 of Part 1 of Third Schedule to the 1999 Constitution stipulates that the Commission is to comprise a Chairman, two (2) full-time members and four (4) part-time members, and a Secretary who is a Federal Permanent Secretary.
The Chairman is the Chief Executive. A retired Justice of the Supreme Court and a retired Police Officer in the rank of Assistant Inspector-General of Police are the two full-time members. The four (4) part-time Commissioners represent women interest, the Nigerian Press, Non-Governmental human rights organizations in Nigeria and the organized Private Sector. This arrangement is in line with the stipulations of paragraph 2(1) of part 1 of the Police Service Commission (Establishment) Act of 2001.