ADEYEMI FEDERAL UNIVERSITY OF EDUCATION, ONDO (ESTABLISHMENT) ACT, 2021

(1) The objective of this Act is to provide for a more efficient and effective police service that is based on the principles of:
(a) accountability and transparency;
(b) protection of human rights and fundamental freedoms; and
(c) partnership with other security agencies.

The specific objectives of this Act are to: (a) provide for a Police Force that is more responsive to the needs of the general public and has entrenched in its operations the values of fairness, Justice and equity;
(b) reposition the Police Force to uphold and safeguard the fundamental rights of every person in Nigeria In its operations;
(c) bring about a positive change in the public perception of the Police Force by ensuring that its functions are performed in a manner sensitive to the needs and well-being of the general public;
(d) empower the Police Force to effectively prevent crimes without threatening the liberty and privacy of persons in Nigeria;
(e) strengthen the Police Force in the performance of its functions, including safety and security of all persons, communities and property in Nigeria;
(f) ensure that the police performs its functions by creating the enabling environment to foster cooperation and partnership between it and the communities it serves to effectively prevent, reduce or eradicate crimes;
(g) develop professionalism in the Police Force by providing relevant training in all police formations in Nigeria for enhanced performance; and
(h) respect for rights of victims of crime and an understanding of their needs.

(1) There is established for Nigeria the Nigeria Police Force (in this Act referred to as "the Police Force") which shall, subject to the provisions of the Constitution of the Federal Republic of Nigeria:
(a) be organised and administered in accordance with the provisions of this Act; and
(b) have such powers and duties and carry out such responsibilities as are conferred on it under this Act or any other law.
(2) The Police Force shall consist of:
(a) all persons who, immediately before the commencement of this Act, were members of the Police Force;
(b) the Inspector-General of Police;
(c) persons appointed to offices in the Police Force by the Police Service Commission under Part IV of this Act;
(d) Special Constables appointed under this Act; and
(e) such other persons that may be appointed under this Act.
(3) The hierarchy of the Police Force is as specified in the Schedule to this Act.

The Police Force shall: (a) prevent and detect crimes, and protect the rights and freedom of every person in Nigeria as provided In the Constitution, the African Charter on Human and Peoples Rights and any other law;
(b) maintain public safety, law and order;
(c) protect the lives and property of all persons in Nigeria;
(d) enforce all laws and regulations without any prejudice to the enabling Acts of other security agencies;
(e) discharge such duties within and outside Nigeria as may be required of it under this Act or any other law;
(f) collaborate with other agencies to take any necessary action and provide the required assistance or support to persons in distress, Including victims of road accidents, fire disasters, earthquakes and floods;
(g) facilitate the free passage and movement on highways, roads and streets open to the public; and
(h) adopt community partnership in the discharge of its responsibilities under this Act or under any other law; and
(i) vet and approve the registration of private detective schools and private investigative outfits.

(1) The Police Force is responsible for promoting and protecting the fundamental rights of persons in police custody as guaranteed by the Constitution.
(2) For the purpose of subsection (1), the Police Force shall collaborate with and maintain close working relationships with any government agency or relevant private initiatives in the establishment of schemes or mechanisms offering legal services to accused persons, detainees or accused persons in police custody in need of legal services to ensure that they have full access to justice as laid down under the relevant provisions of Chapter IV of the Constitution.
(3) In addition to the provisions of subsections (1) and (2), the Police Force is also charged with the responsibility for promoting and protecting the fundamental rights of all persons as guaranteed under the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act and other international legal instruments on human rights to which Nigeria is a signatory. [Cap. A19, LFN, 2004.]

(1) There is established for the Police Force the Nigeria Police Council (in this Act referred to as "the Council") which is the highest policy making body in matters relating to the Police Force.
(2) The Police Council shall consist of:
(a) the President, who is the Chairman;
(b) the Governor of each State of the Federation;
(c) the Chairman of the Police Service Commission; and
(d) the Inspector-General of Police.
(3) The functions of the Police Council include:
(a) the organisation and administration of the Police Force and all other matters relating to the Police Force (not being matters relating to the use and operational control of the Police Force, or the appointment, disciplinary control and dismissal of members of the Police Force);
(b) the general supervision of the Police Force;
(c) advising the President on the appointment of the Inspector-General of Police; and
(d) receiving and deliberating on reports and advising the President or Inspector-General of Police on actions to be taken:
(i) pertaining to policing matters from the States of the Federation and the Federal Capital Territory, Abuja on any crucial decision of their security committee meetings held during the three months preceding a quarterly meeting of the Police -Council, and
(ii) on security concerns relating to policing from the States and the Federal Capital Territory, Abuja, and taking such action as it may consider appropriate.
(4) The Police Council shall meet at least twice in a year and may hold emergency meetings when necessary.
(5) The Permanent Secretary, Ministry of Police Affairs, shall serve as secretary to the Police Council and his office shall provide the necessary secretarial support for the work of the Police Council.
(6) Subject to the provision of this section, the Police Council shall regulate its own proceedings.

(1) The Inspector-General of Police is the head of the Nigeria Police Force and shall exercise full command and operational control over the Police and all its departments and units.
(2) The person to be appointed as Inspector-General of Police shall be a senior police officer not below the rank of an Assistant Inspector-General of Police with the requisite academic qualifications of not less than a first degree or its equivalent in addition to professional and management experience.
(3) The Inspector-General of Police shall be appointed by the President on the advice of the Police Council from among serving members of the Police Force.
(4) The Inspector-General of Police of shall not be removed from office except for gross misconduct, gross violation of the Constitution of the Federal Republic of Nigeria or demonstrated incapacity to effectively discharge the duties of the office.
(5) The Inspector-General of Police shall only be removed from office by the President on the advice of the Police Council.
(6) The person appointed to the office of the Inspector-General of Police shall hold office for four years.

When required to perform military duties in accordance with the provisions of section 4 of this Act, such duties entailing service with the Armed Forces of Nigeria or any force for the time being attached thereto or acting therewith, the Police shall be under the command and subject to the orders of the officer in command of the Armed Forces in Nigeria, but for the purposes of internal security shall remain under the control of a senior police officer.

(1) The powers and functions of the Inspector-General of Police shall include:
(a) the development of an overall national policing plan with inputs from the Police Force Headquarters and all the various police formations nationwide before the end of each financial year, setting out the priorities, objectives, cost implications and expected outcomes of policing for the next succeeding financial year;
(b) taking into cognisance the security situation across the country and its population, determine the manpower distribution of the Police based on its numerical strength after due consultation with the Police Service Commission;
(c) administer and organise the Police Force into various components, units or groups for overall optimal performance and effectiveness;
(d) ensuring regular training and re-training of police officers and other staff and personnel of the Police Force and for this purpose, establish and maintain training institutions or centres for the training of members of the Police Force;
(e) ensuring the physical, mental and psychological wellbeing of all Police personnel;
(f) seeing to the welfare and conditions of service of Police personnel; and
(g) performing such other functions or exercising such powers as may be conferred on him under this Act or any other law.
(2) The Inspector-General of Police shall, in addition to his functions under this section, ensure the discharge by the Police Force of the responsibilities referred to under section 5 of this Act, and for this purpose, the Inspector-General of Police shall:
(a) facilitate access to legal support for suspects, accused persons or detainees in police custody;
(b) ensure that police officers assigned to work under the relevant scheme provide necessary assistance as may be required by legal counsel; and
(c) for the purposes of performing the functions under this section, submit to the Attorney-General of the Federation and National Assembly an annual report on how those responsibilities referred to under section 5 (2) of this Act are discharged.
(3) The Attorney-General of the Federation shall, after a review of the annual report received, send his findings and recommendations to the President and publish same in his official website.
(4) The Inspector-General of Police shall by order published in the Federal Government Gazette make detailed provisions and specifications for the establishment and proper working of the schemes or mechanisms under section 5 of this Act.
(5) The Inspector-General of Police shall, in performing his functions under this Act, obtain inputs from the Deputy Inspectors-General and Assistant Inspectors-General of the Zonal Commands on the priority areas of policing for the Zones and incorporate submissions from Commissioners of Police of the States to be included in the overall national strategic plan for the next succeeding financial year.
(6) The Inspector-General of Police may:
(a) re-engage a retired police officer for a period of two years; and
(b) upon application by the retired police officer, re-engage him for another period of two years.

(1) The Inspector-General of Police may delegate any of his powers under this Act to any police officer, as may be appropriate, and such powers may be exercised with respect to the matters or class of matters specified or defined in the instrument of delegation.
(2) Guided by the principle of efficiency and effectiveness, and for ease of delegation of powers, the Inspector-General of Police shall devolve powers to Zonal, States, Area Commands, Divisions and Police Posts to ensure quick response to safety and security needs.

(1) The Police Service Commission, on the recommendation of the Inspector-General of Police shall appoint for the Police Force such numbers of Deputy Inspectors-General of Police and such numbers of Assistant Inspectors-General of Police as are required for the efficient performance of the functions of the Police Force.
(2) A person appointed under subsection (1) shall:
(a) hold office until promotion, retirement or removal by the Police Service Commission on account of gross misconduct or incapacity to perform the functions of his office after following due process; and
(b) perform such functions and responsibilities and exercise such powers as are assigned to him by the Inspector-General of Police.
(3) The most senior Deputy Inspector-General of Police shall, in the absence from office of the Inspector-General of Police, act on behalf of the Inspector-General of Police in performing any of the functions and discharging the duties of the Inspector-General of Police under this Act or under any law or in respect of any function as may be delegated by the Inspector-General of Police.
(4) On resumption of duty by the Inspector-General of Police, the said Deputy Inspector- General of Police shall furnish reports, in such form or details as the Inspector-General of Police may specify, of all matters dealt with by the Deputy Inspector-General of Police in the absence of the Inspector-General of Police from office.

(1) The Police Service Commission shall appoint such numbers of Commissioners of Police as are required for the efficient performance of the functions of the Police Force.
(2) The Police Service Commission shall, from among the Commissioners of Police appointed under subsection (1), assign a Commissioner of Police to a State or to the Federal Capital Territory, Abuja.
(3) The Commissioners of Police not assigned under subsection (2) may be deployed by the Inspector-General of Police to head departments and such other operational units of the Police Force.
(4) The Police Service Commission or Inspector-General of Police, in assigning or deploying, as the case may be, Commissioners of Police under this section to State commands, departments or unit, shall reflect the principle of federal character as provided in the Constitution and under the relevant Act.
(5) A person appointed under subsection (1) shall hold office until promotion, redeployment, retirement or removal by the Police Service Commission on account of gross misconduct or incapacity to perform the functions of his office as the case maybe.

(1) Subject to the provisions this Act, the Commissioner of Police of a State or the Federal Capital Territory shall:
(a) have command and control over the Police in the State he is assigned to;
(b) exercise powers and perform the functions necessary to give effect to sections 4 of this Act; and
(c) perform any duty delegated to him by the Inspector-General of Police.

The Police Service Commission shall appoint such other persons to offices in the Police Force as are required for the effective and efficient performance of the functions of the Police Force on such terms and conditions as maybe prescribed by the Police Service Commission.

(1) Persons appointed to offices under this Part are entitled to such pensions, gratuities and other retirement benefits as are prescribed under the Pension Reform Act.
(2) Nothing in this Act prevents the appointment of a person to any office on terms which preclude the grant of a pension, gratuity or other retirement benefits in respect of that office. [Act No. 4, 2014.]

(1) The Inspector-General of Police may make standing orders relating to operational control of the Police.
(2) Such standing orders are binding upon all police officers and shall be published in the Federal Government Gazette and in one national daily.
(3) The Police Service Commission may, subject to the provisions of this Act, make standing orders relating to:
(a) the appointment, promotion and disciplinary control, including dismissal of persons appointed by it into the Police Force; and
(b) appeals against dismissal or other disciplinary measures.
(4) The standing orders made under subsection (1) are binding on all persons appointed by the Police Service Commission and shall be published in the Federal Government Gazette.

A person appointed as a member of the Police Force shall, prior to the commencement of duties, subscribe to the official oath, the police oath and the oath of allegiance under the Oaths Act. [Cap. 01, LFN, 2004.]

(1) The responsibility for the recruitment of recruit constables into the Nigeria Police Force and recruit cadets into the Nigeria Police Academy shall be the duty of the Inspector-General of Police.
(2) For the purpose of subsection (1), there shall be the Nigeria Police Recruitment Committee (in this Act referred to as "the Police Recruitment Committee").
(3) The Police Recruitment Committee is responsible for the recruitment of recruit constables into the Nigeria Police Force.
(4) The Police Recruitment Committee shall consist of:
(a) the Inspector-General of Police as Chairman;
(b) all the serving Deputy Inspectors-General of Police;
(c) the Force Secretary;
(d) the Commandant of Staff College Jos;
(e) the Commandant of Police Academy Wudil, Kano;
(f) a representative each of the Police Colleges; and
(g) the officer in-charge of the legal section of the Nigeria Police Force.
(5) The recruitment of recruit constables into the Nigeria Police Force shall be of national spread across each State of the Federation.
(6) The members of the Police Recruitment Committee shall have power to delegate officers, not below the rank of Chief Superintendent of Police, to represent them at any meeting or recruitment exercise.
(7) The decision of the Police Recruitment Committee is final on any matter concerning the recruitment of recruit constables into the Nigeria Police Force.
(8) Every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier.
(9) Professionals from the relevant fields, including engineering, medicine, pathology, aviation, law, psychology, accountancy and forensic science, shall:
(a) be appointed into the Nigeria Police Force as specialists; and
(b) practise their professions and use their expertise in the advancement of the objectives of the Police Force.
(10) All candidates wishing to be recruited or appointed into the Nigeria Police Force shall undergo psychological and other medical evaluations as may be required as part of the recruitment or appointment process to ascertain their character and suitability for the job.
(11) Within the period of recruitment or appointment, every police officer shall undergo specialised training in any professional field relevant to policing and law enforcement.

(1) The Inspector-General of Police shall ensure that all police officers undergo periodic training and re-training in:
(a) basic policing, ethics, code of conduct and standard operating procedures;
(b) crime detection and law enforcement;
(c) investigation and gathering of evidence;
(d) effective nationwide citizen engagement;
(e) human rights, gender issues, public relations and other emerging issues;
(f) democratic policing and emotional intelligence; and
(g) prosecution and defence;
(2) The Inspector-General of Police, in consultation with the Ministry and Police Service Commission, is responsible for the revision of the training, duration and the content of the training of police officers, at least once in every five years.
(3) The Inspector-General of Police shall ensure that training programmes are made available to all police officers, irrespective of gender and for all other staff or employees charged with responsibilities for discharging the duties and responsibilities of the Police Force.
(4) All police officers shall undergo periodic training and retraining in basic policing and law enforcement courses as well as specialized courses relevant to law enforcement.

The police officer shall not be paid salary below what is payable to officers in other security agencies.

(1) Any private organisation or government department who desires to avail itself of the services of supernumerary police for the protection of property owned or controlled by it may make application to the Inspector-General of Police:
(a) stating the nature and situation of the property in question; and
(b) giving such other particulars as the Inspector-General of Police may require.
(2) On an application under subsection (1), the Inspector-General of Police may, with the approval of the Police Service Commission, direct the appropriate authority to appoint, as supernumerary police officers in the Police Force, such number of persons as the Inspector-General of Police thinks appropriate for the protection of the property to which the application relates.
(3) Every supernumerary police officer appointed under this section and sections 22 and 23:
(a) is appointed in respect of the area of the Police Zonal, State, Area or Divisional Commands in which the personnel and property which he is to protect are located;
(b) is employed exclusively on duties connected with the protection, administration and maintenance of that property or premises;
(c) shall, in the police area in respect of which he is appointed and in any police area adjacent thereto, have the powers, privileges and immunities of a police officer; and
(d) shall be:
(i) a member of the Police Force for all purposes, and
(ii) subject to the provisions of this Act, particularly the provisions relating to discipline.
(4) Where any supernumerary police officer is appointed, the private or government department availing itself of the services of that officer shall pay:
(a) all entitlements, including salary and allowances to the officer monthly;
(b) on the enlistment of the officer, the full cost of the officer's uniform and accoutrements, including ceremonial dresses, which:
(i) is the same as the police general duty, and
(ii) shall be paid to the Police in a designated account approved by the Inspector-General of Police.
(5) Where the private or government department availing itself of the services of any supernumerary police officer desires the services of that officer to be discontinued, the private or government department shall give at least two months' notice in writing to that effect to the Inspector-General of Police who shall give approval to such request for implementation, and all benefits of the officer shall be paid within one month of his release.
(6) All uniforms shall be supplied by the Police Force Quarter Master.
(7) The supernumerary police shall be a unit of the Police Force.

The appropriate authority may, at the request of any senior police officer, appoint any person as a supernumerary police officer at an appropriate level in the Police Force for the administration or maintenance of premises occupied or used for the purposes of the Police Force, but shall not do so in any particular case unless he is satisfied that it is necessary in the interest of security or discipline that the persons discharging the duties in question are subject to the provisions of this Act relating to discipline.

(1) If, at any time, the Inspector-General of Police, with the consent of the Police Service Commission, is satisfied, as regards any police area, that it is necessary in the public interest for supernumerary police officers to be employed in that area, he may authorise the appropriate authority to appoint persons as supernumerary police officers In the Police Force in accordance with the authorisation.
(2) Every authorisation under this section shall be in writing and shall specify the police area to which it relates and the maximum number of supernumerary police officers who may be appointed under that authorisation.
(3) Every supernumerary police officer appointed by an authorisation given under this section shall not:
(a) bear arms; and
(b) be covered by the provisions relating to pension as stipulated in section 15 of this Act.

(1) The appropriate authority may, at the request of the Inspector-General of Police or Commissioner of Police of a State, appoint any person as a supernumerary police officer in the Police Force for attachment as an orderly to:
(a) a Minister;
(b) a Commissioner of the Government of a State; or
(c) a police officer of, or above, the rank of Assistant Commissioner.
(2) Every supernumerary police officer appointed under this section, shall:
(a) be employed exclusively on duties connected with the activities of the person to whom he is attached;
(b) while so employed, have, throughout Nigeria, the powers, privileges and immunities of a police officer;
(c) may be trained to bear fire arms with the approval of the Inspector General of Police;
(d) subject to the restriction imposed by paragraph (a) and section 20 of this Act, shall be a member of the Force for all purposes and shall be subject to the provisions of this Act, particularly the provisions relating to discipline.

(1) Every supernumerary police officer is, on appointment, enlisted to serve in the Force from month to month, and a supernumerary police officer may, at any time, resign his appointment by giving one month's notice in that behalf to his employer and senior police officer in charge of the police area in respect of which he is appointed, and his appointment may be determined by the appropriate authority on:
(a) one month's notice in that behalf; or
(b) on payment of one month's pay instead of such notice.
(2) The ranks to which supernumerary police officers may be appointed shall be prescribed by the Inspector-General of Police with the consent of the Police Service Commission, but shall not exceed the rank of Commissioner of Police throughout his life time.
(3) There shall only be one Supernumerary Commissioner of Police at a time in the Federation.
(4) The badges of ranks of the supernumerary police shall be the same as that worn by general duty or regular police.
(5) A supernumerary police officer has no claim on the Police Reward Fund, and, without prejudice to any liability under the Employee's Compensation Act, to be paid compensation to or in respect of any person by virtue of his employment as a supernumerary police officer, a person's service as such shall not render him or any other person eligible for any pension, gratuity or annual allowance under this Act or the Pensions Reform Act.
[Act No. 13, 2010]
[Act No. 4, 2014.]

Paragraph (i) of the First Schedule to the Federal Colleges of Education Act, Cap. F8, Laws of Federation of Nigeria, 2004, is repealed.

1 Anything done or purported to have been done under the repealed Act, remains valid, except as otherwise provided under this Act.

2 Subsidiary legislation made or deemed to have been made under the repealed Act, immediately before the commencement of this Act, shall continue in force with necessary modification and may be amended or revoked as if it had been made under this Act.

3 The rights, assets, obligations and liabilities under the repealed Act shall, at the commencement of this Act, rest in and devolve on the Adeyemi Federal University of Education, Ondo.

4 All property held by, or on behalf of the Provisional Council of the University shall, by virtue of this subsection, vest in the University and be held by it for the purpose of the University. [Second Schedule]

5 The provisions of the Second Schedule to this Act shall have effect with respect to, and to matters arising from —
a the transfer of property by this section; and
b other matters mentioned in that Schedule.

Where, under this Act, it is provided that proposals are to be submitted or a recommendation is to be made by one or more authority through one or more intermediate authorities, the intermediate authority shall forward the proposal or recommendation received by it under that provision to the appropriate authority, and the intermediate authority may, if it deems fit, forward same with its own comments.

In this Act-

“campus" means any campus which may be established by the University;

"college" means the College constituted under section 2 (1) (g) of this Act for the University;

"Council" means the governing council of the University established by section 5 of this Act;

"functions" includes powers and duties;

"graduate" means a person on whom a degree, other than an honorary degree, has been conferred by the University and any other person as may be designated as a graduate by the Council, acting in accordance with the recommendation of the Senate;

"Minister" means the Minister responsible for Education;

"notice" means notice in writing;

"officer" does not include the Visitor;
"prescribed" means prescribed by Statute or regulations;

"professor" means a person designated as a professor of the University in accordance with provisions made in that behalf by Statute or by Regulations;

"property" includes rights, liabilities and obligations;

"Provisional Council" means the provisional council appointed for the University;

'regulations"" means regulations made by the Senate or the Council;

"Senate" means the Senate of the University established under section 2 (1) (c) of this Act;
"school" means a unit of closely related academic programmes;

"Statute" means a statute made by this University under section 10 and 11 of this Act; and

"the statutes" means all such statutes as are in force from time to time;

"teacher" means a person holding a full-time appointment as a member of the teaching or research staff of the University;

"undergraduate" means a person registered as a student undergoing a course of study for a first degree of the University or such other course in the University as may be approved by the Senate as qualifying a student undergoing it for the status of an under-graduate;

"University" means Adeyemi Federal University of Education, Ondo established under section 1 (1) of this Act.

This Act may be cited as the Adeyemi Federal University of Education, Ondo (Establishment) Act, 2021.