BY AKINTAYO SULEIMAN
The house of representatives on Thursday passed the constitutional amendment bill seeking to establish state police. Lawmakers voted and passed the bill during the plenary.
The proposed constitutional amendment seeks to overhaul Nigeria’s policing structure by creating two separate police systems — a federal police and state police — while introducing safeguards aimed at preventing abuse of power and ensuring coordination between both forces.
Here are the key highlights.
NIGERIA WILL HAVE TWO POLICE FORCES
The amendment proposes the constitutional establishment of Federal Police and State Police (one for each state)
Each state that wants its own police force must pass a law through its state house of assembly and meet national minimum standards before commencing operations.
Until a state police force becomes operational, the Federal Police will continue to perform all policing duties in that state.
STATE POLIC NOT AUTOMATIC
The amendment does not automatically create state police forces across Nigeria. For a state police force to become operational, the state assembly must enact a law establishing it. The force must be certified as meeting national standards prescribed by the national assembly. This means states can decide whether or not to establish their own police forces.
FEDERAL POLICE WILL HANDLE NATIONAL SECURITY FUNCTIONS
The federal police will remain responsible for nationwide security functions and federal offences, and it will continue to operate across the federation, including within states that establish their own police forces. The Federal Capital Territory (FCT) will remain under the exclusive jurisdiction of the federal police.
According to the proposed law, federal police cannot arbitrarily take over state police operations. The federal police cannot intervene in a state’s internal security affairs except when there is a complete breakdown of law and order, the governor formally requests intervention, and the state police becomes unable to function because of financial, administrative or operational challenges.
Even in these situations, intervention must first receive approval from the National Police Council.
GOVERNORS WILL HAVE AUTHORITY OVER STATE POLICE
The proposed legislation says each state police force will be headed by a commissioner of police (CP).
The CP will be appointed by the governor on the recommendation of the National Police Council and confirmed by the state house of assembly. Governors will be able to issue lawful directives on public safety and security.
However, if a CP believes a directive is unlawful or violates policing standards, the matter can be referred to the National Police Council, whose decision will be final.
PRESIDENT RETAINS CONTROL OF FEDERAL POLICE
The federal police will be headed by the inspector-general of police (IGP), who will be appointed by the president on the advice of the National Police Council and be confirmed by the national assembly.
The president or an authorised minister can issue lawful security directives to the IGP. The removal of police chiefs will require legislative approval to prevent arbitrary dismissals.
The IGP can only be removed by the president on the recommendation of the National Police Council and it requires approval by two-thirds of the national assembly.
STATE COMMISSIONER OF POLICE
Meanwhile, the state commissioner of police can only be removed by the governor on the recommendation of the National Police Council, requiring approval by two-thirds of the state house of assembly.
FEDERAL GOVERNMENT WILL SUPPORT STATE POLICE FUNDING
The amendment empowers the federal government to provide grants and financial support to state police forces. Such support must be recommended by the National Police Council and receive approval from the national assembly. This provision is intended to help states finance policing operations.
The amendment also restructures and strengthens the National Police Council. Its membership will include federal and state attorneys-general, senior police officers, representatives of the Nigerian Bar Association (NBA), Nigeria Labour Congress (NLC), Nigerian Union of Journalists (NUJ), National Human Rights Commission (NHRC), traditional rulers and retired police officers.
The council will oversee standards, appointments, discipline, training, intelligence systems and federal-state policing coordination.
STATE WILL HAVE THEIR OWN POLICE SERVICE COMMISSIONS
Every state will establish a State Police Service Commission. The commission will recommend candidates for top state police positions, recruit and discipline officers below the rank of assistant commissioner of police and oversee personnel matters within the state police force.
NATIONAL ASSEMBLY WILL SET MININUM STANDARDS
Although states will operate their own police forces, the national assembly will establish national policing standards, training requirements, complaints mechanisms, use-of-force guidelines, accountability measures and certification procedures. States may adopt standards that are higher than the national minimum, but not lower.
FEDERAL AUTHORITIES CANNOT CONTROL STATE POLICE PERSONNEL
The amendment expressly bars federal authorities from exercising routine control over state police officers. The national assembly cannot pass laws that give federal authorities powers over deployment, promotion, transfer, discipline and daily command of state police personnel.
The only exception is during constitutionally authorised federal intervention.
WHY THE AMENDMENT MATTERS
Proponents of state police argued that it will improve local intelligence gathering, enhance responses to insecurity, reduce pressure on the federal police and give states greater responsibility for internal security.
Critics, however, have long expressed concerns about possible political abuse by state governments and the financial capacity of some states to sustain police forces. The proposed amendment attempts to address these concerns through legislative oversight, independent commissions, national standards and restrictions on federal and state interference.
SUMMARY
If passed, the amendment will create a dual policing system in Nigeria, with both Federal Police and State Police operating under clearly defined constitutional roles. Governors will gain greater influence over internal security, while the National Police Council will serve as the key institution for maintaining standards, oversight and coordination nationwide.
