CONSTITUTIONAL LAW ā Interpretation of Section 215(4) of the 1999 Constitution ā Power of State Governor to Direct Commissioner of Police
Principle Statement
Subject to the provisions of this section, the Governor of a State may give to the Commissioner of Police of that State such lawful directions with respect to the maintenance and securing of public safety and public order within the State as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with.
Ratio Decidendi (Source)
Per Uwais, CJN, in A.G., Anambra State v. A.G., FRN & Ors (2005) NLC-123-003-2004(SC) at pp. 20ā21; Paras EāB.
"Subject to the provisions of this section, the Governor of a State or such Commissioner of the Government of the State as he may authorise in that behalf, may give to the Commissioner of Police of that State such lawful directions with respect to the maintenance and securing of public safety and public order within the State as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with."
Explanation / Scope
State Governors have constitutional power to give lawful directions to the Commissioner of Police on public safety and order. The Commissioner must comply. The principle applies to constitutional law and federal-state relations.
