With the House of Representatives having passed the constitutional amendment bill seeking to establish state police and the Senate already advancing the proposal through Second Reading, momentum is building towards the realisation of one of Nigeria’s most debated security reforms.
Adding his voice to the call for state police, former Deputy Governor of Sokoto State and ex-Minister of Water Resources, Mukhtari Shagari, has urged the National Assembly to end years of debate and urgently approve the creation of state police, warning that Nigeria risks deeper insecurity if the reform is delayed further.
Details of the proposed constitutional amendment obtained by THISDAY on Friday revealed a far-reaching framework that would fundamentally restructure policing across the country by creating separate Federal and State Police formations with clearly defined responsibilities, powers and oversight mechanisms.
The proposed amendment, currently before the National Assembly, seeks to amend the Constitution to formally establish two distinct policing institutions—the Federal Police and State Police—in what could become one of the most significant security reforms since the return to democratic rule in 1999.
Under the proposal, each state would be empowered to establish its own police service through legislation passed by its House of Assembly, while the Federal Police would retain responsibility for national security and federal law enforcement functions.
The proposed legislation stipulates that State Police would not commence operations automatically. States seeking to establish police services must first enact relevant laws and meet national minimum standards prescribed by an Act of the National Assembly before receiving certification to operate.
The bill also contains transitional provisions under which the Federal Police would continue performing all policing functions in states until their respective police formations become fully operational.
A major highlight of the proposed amendment is the attempt to balance state policing powers with safeguards against abuse and excessive federal interference.
According to the draft proposal, the Federal Police would be prohibited from interfering in the internal security affairs of a state except under clearly defined circumstances. Such intervention would only be permitted where there is a complete breakdown of law and order beyond the capacity of a State Police Service, where a governor formally requests assistance, or where a state police force becomes unable to function because of administrative, financial or operational challenges.
Even in such circumstances, federal intervention would require prior approval from the National Police Council.
The Federal Capital Territory (FCT), however, would remain under the exclusive jurisdiction and operational control of the Federal Police.
The proposed amendment also outlines new command structures for both police formations.
The Federal Police would be headed by an Inspector General of Police appointed by the President on the advice of the National Police Council and subject to confirmation by the National Assembly.
The Inspector General would exercise command and operational control over the entire Federal Police structure, including federal contingents deployed across the states.
Similarly, each State Police Service would be headed by a Commissioner of Police appointed by the governor on the advice of the National Police Council and confirmed by the State House of Assembly.
While governors would have authority to issue lawful directives on public safety and security matters, the proposal introduces safeguards by allowing commissioners to refer any directive they consider unlawful or inconsistent with established policing standards to the National Police Council for a final determination.
The bill also introduces strict conditions for the removal of top police officers.
Under the proposed framework, the Inspector General of Police can only be removed by the President based on the recommendation of the National Police Council and subject to approval by a two-thirds majority of the National Assembly.
Similarly, State Commissioners of Police can only be removed by governors following recommendations from the National Police Council and approval by a two-thirds majority of the respective State Houses of Assembly.
Grounds for removal include grave misconduct, violations of police regulations, fraud-related convictions, bankruptcy and mental incapacity.
In a bid to address concerns over the financial sustainability of state police services, the proposal empowers the federal government to provide grants and financial assistance to states for policing purposes.
Such support would, however, be subject to recommendations by the National Police Council and approval by the National Assembly.
The constitutional amendment further proposes a restructuring of the existing Nigeria Police Council into a more expansive National Police Council with broader oversight responsibilities covering both federal and state police institutions.
The reconstituted council would include representatives from the federal government, state governments, civil society organisations, labour unions, traditional institutions, legal practitioners, journalists and human rights bodies.
Among its responsibilities would be the appointment and discipline of federal police officers, supervision of policing standards nationwide, coordination of intelligence systems, forensic services and training standards, as well as recommending senior state police officers for appointment.
The proposal also creates State Police Service Commissions in each state to oversee recruitment, discipline, promotion and administration of state police personnel.
The commissions would include representatives of key stakeholders such as the Nigerian Bar Association, Nigeria Labour Congress, National Human Rights Commission, Public Complaints Commission, traditional rulers and retired senior police officers.
The draft amendment seeks to place policing on the Concurrent Legislative List, thereby empowering both the National Assembly and State Houses of Assembly to make laws relating to policing within their respective jurisdictions.
While the National Assembly would retain authority over national policing standards, firearms regulation, inter-governmental cooperation and federal intervention procedures, states would have powers to establish, fund and administer their police services in line with constitutional provisions.
Importantly, the bill prohibits the National Assembly from enacting laws that would grant federal authorities routine powers to appoint, deploy, transfer, discipline or control state police personnel, except in circumstances specifically authorised by the Constitution.
The proposal also contains consequential amendments to several sections of the Constitution to replace references to the Nigeria Police Force with the new Federal Police and State Police structures.
Other amendments include adjustments to the Exclusive Legislative List, provisions relating to forensic services, biometric databases, policing standards and intelligence-sharing mechanisms between federal and state police agencies.
The emergence of the proposal comes amid growing calls for the decentralisation of policing in response to rising insecurity, banditry, kidnapping, terrorism and communal conflicts across various parts of the country.
Advocates of state policing argue that governors, who are constitutionally designated as chief security officers of their states, require operational control over security institutions to effectively tackle local security challenges.
However, critics have raised concerns about potential political abuse, funding constraints and the possibility of state police forces being used as instruments of political intimidation.
The proposed constitutional safeguards appear aimed at addressing such concerns while creating a framework for cooperation between federal and state security institutions.
For the proposal to become law, it must secure approval by two-thirds of members of both chambers of the National Assembly and subsequently receive the endorsement of at least two-thirds of the State Houses of Assembly.
If passed, the amendment would mark a historic shift in Nigeria’s security architecture and potentially redefine policing and internal security management across the federation.
Chuks Okocha
