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LEGAL AND SOCIOLOGICAL PERSPECTIVES ON POLICE OFFICERS ENGAGING IN COMMERCIAL DRIVING





It is more rewarding to examine the question of police officers engaging in private business, including being commercial vehicle drivers, not just from the narrow precinct of the law but also from a broader sociological standpoint. Therefore, I examine the question from both the legal and sociological (as well as economic) perspectives.


First, the legal perspectives are examined from the constitutional and statutory provisions. From the legal point of view, the practice of police officers engaging in any private business, including driving commercial vehicles, to make additional income, whether during duty or when they are off duty, or on leave, is not only unconstitutional, it is equally illegal.

By virtue of section 318(1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, a police officer is a public officer who is bound by paragraph 2(b) of Part 1 of the Fifth Schedule to the Constitution, that is, the Code of Conduct for Public Officers. The said Paragraph 2(b) of the Code of Conduct for Public Officers provides that all public officers who are engaged on full time basis “shall not engage or participate in the management or running of any private business, profession or trade but nothing in this sub-paragraph shall prevent a public officer from engaging in farming.” Therefore, from the above constitutional provision, public officers can only engage in farming in addition to their work as public officers. Any other form of private business or trade is unconstitutional.

Section 36 of the Police Act, also prohibits police officers engaging in any form of private business, without written permission. This section provides, verbatim, as follows:

“36. Police officers not to engage in any private business.

No member of the Force shall, while he holds such appointment, engage in any private business or trade, without the written consent of the Nigeria Police Council or any person to whom such power is delegated.”


There is no valid defence for a police officer to claim that he or she engages in private business, including driving for private gain, during off duty hours or when on leave. Regulation 368 of the Nigeria Police Regulations provides that the Regulations (as well as provisions of the Act) bind police officers on vacation, or on leave, or on leave prior to retirement, and that no police officer shall engage in private employment for reward without having previously obtained government permission.


The provisions of Regulations 360 and 361 of the Nigeria Police Regulations may also have the indirect effect of compelling a poor police officer to engage in private businesses. While Regulation 360 prohibits police officers from borrowing from people subject to their authority or residing or possessing land within their areas of authority/operation, Regulation 361 provides that a police officer must not be in a “serious financial embarrassment”. Among other definitions, “serious financial embarrassment” is understood to be a situation in which a police officer incurs debts and liabilities which exceed the sum of three times his or her monthly emoluments.


Now, to the sociological point of view. In a situation of massive collapse of the purchasing power of wages and salaries, non-payment of wages, skyrocketing inflation, commercialized education, commercialized healthcare system, lack of social security schemes to provide succor to the marginalized and vulnerable groups, can we in all fairness blame public officers who seek additional income to ensure physical and/or material survival as human beings?


Both the Constitution and the Police Act were made within the framework of the understanding that decent wages and salaries would be paid, as and when due. The legal framework is also predicated upon systematic and regular upward reviews of wages, salaries and pension, as the National Minimum Wage is reviewed. In the circumstances of Nigeria’s economic collapse, can we fairly criticize or crucify police officers who engage in private businesses to augment their legitimate earnings?


In the context of top public officers such as legislators, governors, commissioners and Ministers who also engage in private businesses through private companies, stooges and cronies, and tend to take government contracts that are usually and unduly inflated, can we validly and fairly isolate police officers and accuse them of violating the Code of Conduct for Public Officers?


Where salaries are not paid as and when due, where inadequate salaries are paid, where inflation has weakened the purchasing power of the quantum of salaries paid, and where police officers are not to borrow to the extent of being in a “serious financial embarrassment”, can the police officer be condemned for engaging in private business with the intent of ensuring bare physical and/or material survival of himself/herself and his/her family, including children?


A government can demand loyalty, obedience and observance of laws, rules, and/or regulations only if it fulfills its basic or primary obligations to the people. Where public officers are paid decent wages as and when due, where top public officers such as governors, ministers, commissioners, and so on who equally violate the Code of Conduct for Public officers are prosecuted for violating the Code of Conduct, public officers at the lower levels in the public service would conduct themselves within the framework of the law. Police officers who engage in private businesses are therefore victims of objective life-threatening economic situations. Any rational human being would want to rest rather than using his/her off duty periods to engage in other forms of private businesses. It is the harsh (and increasingly stressful) economic conditions that compel police officers to engage in private businesses as economic “coping mechanisms”.


The living and working conditions of the rank and file of police officers, which compel them to engage in private businesses demand pity and/or understanding rather than condemnation. 


Femi Aborisade, Esq.

27th February 2016.




You can read also the PUNCH interview here.



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