Attorney-General | State Website |
[We provide free online access to documents published on LawNigeria.com. Electronic PDF copy of this document is available for N1,000 . Electronic compendium (PDF) of the whole laws of Kaduna is available. Click HERE or Email lawnigeria@gmail.com and info@lawnigeria.com or text/call +234 706 7102 097 to order]
LAWS OF KANO STATE OF NIGERIA
ARRANGEMENT OF SECTIONS
KADUNA STATE VIGILANCE SERVICE LAW, 2016
A LAW TO ESTABLISH THE KADUNA STATE VIGILANCE SERVICE, 2016
Law No. 2016
Date of Commencement (1st June, 2016)
Enactment
BE IT ENACTED by the House of Assembly of Kaduna State as follows:
Short Title
Commencement
Interpretation
“Area” means a place of residence or business of a member or an approved operational area of the Service;
“Commander” means the Head and operational leader of the Service;
“Committee” means the State Vigilance Committee established under Section 14 of this Law; –
“Community” means the service of people living in one or contiguous location and having the same or similar values or interest;
“Governor” means the Governor of Kaduna State;
“tocal Government Command” means Local Government operational office;
“Member” means a registered member of the Service;
“State Command” means Head Office of the Vigilance Service;
“Vigilance Service” means a registered Service of people in a community that have agreed to render assistance on crime detection, prevention, and promotion .of security consciousness in the community.
PART II – ESTABLISHMENT AND FUNCTIONS OF THE SERVICE
Establishment, Composition and functions of the Service
[Uniformed and non-uniformed members]
(2) The Service shall discharge the following functions:
(a) Assist the Nigeria Police and other Security Agencies in prevention and detection of crime, the apprehension of offenders, the protection of lives and property and’ the preservation of law and order.
(b) Protect and preserve public utilities.
(c) Maintain law and order in all social gatherings.
(d) Making available relevant information on crimes to the relevant agencies.
(e) Establish links with other Services in intelligence gathering and dissemination.
(f) Responding to distress alarms of residents of the community.
(g) Mobilising labour for and supervising community development activities.
(h) Carry out other lawful duties as may from time to time be assigned by the Government.
(3) In the exercise of the functions conferred by this section, members of the service shall have power to arrest any person or persons reasonably suspected of having committed or attempting to commit criminal offence.
Membership
[Qualification for Membership of a Vigilante Service]
(a) Attain the age of 18 years;
(b) Have been resident within the said locality community for a continuous period of seven (7) years;
(c) Satisfy the criteria for the appointment of members of the Service as set out by the Committee.
(d) Non-Nigerians are not eligible to be members of the Service.
Disqualification
(a) is adjudged to be a lunatic or otherwise declared to be of unsound mind;
(b) has been convicted of any criminal offence anywhere in Nigeria;
(c) is a member of a Secret Society.
Powers of the Service
(a) Any person who commits an offence in his presence;
(b) Any person in whose possession property is found which is suspected to be stolen;
(c) Any person who escaped or attempts to escape from lawful custody;
(2) To assist other Law Enforcement Officers requesting their aid in the suppression of breach of peace or in the prevention of any damage to any public property.
(3) To intervene for the purpose of preventing the commission of any offence or damage to any public property.
(4) To take from any person arrested any offensive weapon(s) which he has about his person and shall deliver all such weapon(s) so taken to the police.
(5) In the event of an arrest made, the arrested person shall immediately be transferred to the nearest Police Station.
(6) No torture or any form of inhuman or degrading treatment shall be used on any person during arrest, except that reasonable force may be applied to prevent the suspect from escaping.
Operational Control of the Service
[State Command and Local Government Sector Coordinator]
(b) Members of the Service shall bear such ranks as may be assigned to them by the Committee in the following order:
(i) State Commander;
(ii) Assistant Commanders;
(iii) Local Government Sector Coordinator;
(iv) Assistant Local Government Sector Coordinator;
(v) Rank sand Files.
Promotion
Jurisdiction
(2) The Government shall provide such equipment as the Service may consider necessary for the effective and efficient discharge of the functions conferred by this Law.
PART III – THE STATE VIGILANCE COMMITTEE
Establishment, Composition and Functions of the Committee
(2) The Committee shall comprise of:
(a) a Chairman;
(b) State Commander of the Vigilance Service;
(c) One person each representing:
(i) Office of the Secretary to the State Government;
(ii) Special Adviser, Security Matters;
(iii) Ministry of Justice;
(iv) Ministry for Local Government and Chieftaincy Affairs;
(v) Kaduna State Council of Chiefs
(vi) Nigerian Army;
(vii) Nigerian Air Force;
(viii) State Police Command;
(ix) Department of State Service (DSS);
(x) representative of the Civil Society Organizations, one from each of the three Senatorial Zones of the State;
(xi) Nigeria Security and Civil Defence Corps;
(xii) Man0, War, Nigeria;
(xiii) representative of Women; and
(xiv) the Secretary of the Service to serve as the Secretary.
Functions of the Committee
(a) To advise the Service and the Government on security matters in the State;
(b) To advise the State Government on matters referred to it by the State Commander or other persons regarding the services rendered by the Service.
(c) Provide guidelines for the recruitment, promotion, discipline and operations of the Service;
(d) Approve sub-committees in each Local Government Area;
(e) Approve Local Government Area Command;
(f) Consider applications for the setting up of other Services and recommend to the Government;
(g) Draw up and submit to Government the budgetary requirement of the service for every financial year for its approval;
(h) Disburse funds approved for the setting up of other Services;
(i) Monitor other non-registered Services and draw Government attention on their activities and implications; and
(j) Provide Code of Conduct Handbook.
Appointment of Chairman
Duties of the Chairman
(a) Preside over all meetings of the Committee;
(b) Direct the summoning of meetings;
(c) Provide direction and leadership to the Committee.
Appointment of Secretary
Duties of the Secretary
(a) Record and keep minutes and attendance at meetings;
(b) Be in charge of, and keep custody of all records of the Committee;
(c) Keep record of all correspondences of the Service;
(d) Perform all such other duties as may be assigned to him by the Chairman from time to time.
Appointment of State Commander
Remuneration
Establishment of Sub-Committee
(2) The Sub-Committee shall comprise of the Chairman, Secretary and one representative each from:
(a) the Local Government Council;
(b) each Chiefdom or Emirate Council in the Local Government Area;
(c) State Police Command;
(d) Department of State Security;
(e) Nigerian Security and Civil Defence Corps;
(f) Man Q’war Nigeria;
(g) a Representative of Women; and
(h) two other reputable persons from the Local Government Area.
(3) The Chairman, Secretary and Members of the Sub-Committee shall be appointed by the Local Government Chairman subject to approval by the State Committee.
(4) The Sub-Committee shall be charged with responsibility for policy implementation and administrative matters of the Service at the Local Government Level.
Offences and Penalties
(2) Any person who not being a member of the Vigilance Service contravenes any of the provisions of this Law shall be liable on conviction to a fine not exceeding ₦10,000.00 or a term of imprisonment not exceeding six months or to both such fine and imprisonment.
PART IV – FINANCIAL PROVISIONS
Funds of the Service
(2) There shall be credited to the fund:
(a) such money as may be appropriated from time to time to the service by the” State House of Assembly;
(b) all monies that may accrue to the service by way of grants or gifts from Government, donations or endowment from Corporate Bodies, Non-Governmental Organisations and Agencies;
(c) the funds shall be managed subject to the provisions of the Financial Instructions in force in Kaduna State.
(3) The funds shall be applied for:
(a) the discharge of the functions of the Service:
(b) payment of allowances to members of the Committee and Staff as determined by the Government;
(c) any other purpose that may be necessary or incidental to the discharge of the functions of the Service.
Records of Account
Existing Service(s)
Regulations
Protection of Staff
Legal Proceedings
(a) the cause of action;
(b) particulars of claim; and
(c) the relief which he claims.
Repeal
DATED AT KADUNA this 20th day of May 2016.
Malam Nasir Ahmad el Rufa’i
Governor, Kaduna State.
EXPLANATORY NOTE
(This note does not form part of this Law and has no legal effect)
The purpose of this Law is to establish the Kaduna State Vigilance Service for crime detection, prevention and control and generally the maintenance of Law and Order in their various communities. .
This printed impression has been carefully compared with the Bill which has passed the Kaduna State House of Assembly and found to be true and correctly printed copy of the said Bill.
HON. AMINU ABDULLAHI SHAGALI UMMA ALIYU HIKIMA Esq. (Speaker) (Clerk to the Legislature)