The 1999 Constitution

Section 215 (1) (a)

There shall be –

an Inspector-General of Police who, subject to section 216(2) of this Constitution shall be appointed by the President on the advice of the Nigeria Police Council from among serving members of the Nigeria Police Force;

(A currently serving member of the Nigeria Police Force will be appointed as Inspector-General by the President on the recommendation of the Nigeria Police Council, based on the conditions laid out in section 216 (2) of this Constitution.) 

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Section 215 (1)(b)

a Commissioner of Police for each state of the Federation who shall be appointed by the Police Service
Commission.

(The Police Service Commission will appoint a Commissioner of Police for each state of the Federation.)

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Section 215 (2)

The Nigeria Police Force shall be under the command of the Inspector-General of Police and contingents of the Nigeria Police Force stationed in a state shall, subject to the authority of the Inspector-General of Police, be under the command of the Commissioner of Police of that state.

(The Nigeria Police Force is under the command of the Inspector General of Police – who is the head of the Police Force in Nigeria. Parts of the Nigeria Police Force that have been sent to a State are to be under the command of the Commissioner of Police of that state based on the authority of the Inspector General of Police.)

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Section 215 (3)

The President or such other Minister of the Government of the Federation as he may authorise in that behalf may give to the Inspector-General of Police such lawful directions with respect to the maintenance and securing of public safety and public order as he may consider necessary, and the Inspector-General of Police shall comply with those direction or cause them to be compiled with.

(The Inspector-General of Police must comply with lawful directions with respect to maintenance and securing public safety and public order given by the President or any Minister he authorises.)

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Section 215 (4)

Subject to the provisions of this section, the Governor of a state or such Commissioner of the Government 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:

(The state Governor, or any Commissioner he authorises, may give lawful directions to the Commissioner of Police with regard to the maintenance and securing of public safety and public order which will be complied with: )

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Provided that before carrying out any such directions under the foregoing provisions of this subsection the Commissioner of Police may request that the matter be referred to the President or such minister of the Government of the Federation as may be authorised in that behalf by the President for his directions.

(This is on the condition that the Commissioner of Police may request that such directions be referred to the President or minister of the Federation authorised by the President before carrying out the directions of the state Governor.) 

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Section 215 (5)

The question whether any, and if so what, directions have been given under this section shall not be inquired into in any court.

(Whether or not directions (- mentioned in this section 215 -) have been given by the President or Minister of the Federation (as authorised by the President) or if given, what those directions given are, cannot be the subject of court proceedings. Basically, the Court cannot inquire about directions mentioned in the entire section 215 given by the President or whichever Minister of the Federation he has given authority to give directions to the Nigeria Police Force.) 

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Section 216 (1)

Subject to the provisions of this constitution, the Nigeria Police Council may, with the approval of the
President and subject to such conditions as it may think fit, delegate any of the powers conferred upon it by this Constitution to any of its members or to the Inspector-General of Police or any other member of the Nigeria Police Force.

(The Nigeria Police Council may delegate any of its powers to the Inspector-General of Police or any member of the Nigeria Police Force subject to the provisions of the 1999 Constitution and the approval of the President and whatever condition the President may want to add.)

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Section 216 (2)

Before making any appointment to the office of the Inspector-General of Police or removing him from office the President shall consult the Nigeria Police Council.

(Before the President appoints a person into the office of the Inspector-General of Police or removes him, the Nigeria Police Council must be consulted.)

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