State police becomes a reality as National Assembly approves constitutional amendment: What it means for Nigerians"

• After months of deliberations, the National Assembly has passed the bill amending Section 214 of the Nigerian Constitution to provide for State Police.

• The bill was supported by an overwhelming majority in the House of Representatives, with only 4 Members voting against the bill.

• The bill provides for guidelines that must be met before any state can establish a police force.

The bill was overwhelmingly endorsed by lawmakers during voting on the floor of the House, with 289 members voting in support and only four voting against.

The vote was conducted by a show of hands after the House’s electronic voting system reportedly had technical faults.

The approval marks a significant milestone in ongoing efforts to decentralise policing and strengthen internal security amid rising concerns over terrorism, banditry, mass kidnappings and other violent crimes across the country.

Although the act has been passed, there are still some guidelines that must be met before states can establish the various states can innaugurate their respective police arms.

1. The National Assembly must pass an Act prescribing:

• Structure, organisation, administration, and powers of the Federal Police

•  Framework and guidelines for the establishment of State Police

• State Police cannot commence operational policing until:

• Established by a Law of the State House of Assembly, and

• Certified as meeting national minimum standards (prescribed by an Act of the National Assembly)

• Transitional provision: Until a State Police becomes operational, the Federal Police continues all policing functions in that State. After commencement, the Federal Police handles federal policing functions and may assist the State Police.

2. Responsibilities and Non-Interference (Section 214)

Federal Police is responsible for:

• Maintenance of public security, public order, and security of persons/property throughout the Federation (to the extent provided by the Constitution or National Assembly Act).

• Similar functions within a State to the extent the State has legislative power under the Constitution.

Key safeguard against federal overreach (Section 214(6)):

The Federal Police shall not interfere with State Police operations or a State’s internal security affairs except in these limited cases:

• To contain serious threats where there is a complete breakdown of law and order, and the State Police is unable to respond.

• When the Governor requests intervention.

• When a State Police is unable to function due to administrative, financial, or other problems.

Any such intervention requires prior approval by the National Police Council.

Federal Capital Territory (FCT): Fully under the jurisdiction and operational control of the Federal Police.

3. Leadership and Command (New Section 215)

• Federal Police: Headed by the Inspector-General of Police (IGP).

• Appointed by the President on the advice of the National Police Council, from serving members of the Federal Police.

• Subject to confirmation by the National Assembly.

• The IGP has command over the entire Federal Police, including contingents in States.

• The President (or authorised Minister) may give lawful directions on public safety and order; the IGP must comply.

• State Police: Headed by a Commissioner of Police (CP).

• Appointed by the Governor on the advice of the National Police Council, from serving members of the State Police.

• Subject to confirmation by the State House of Assembly.

• The Governor (or authorised Commissioner) may give lawful directions on public safety and order; the CP must comply.

• If the CP believes a direction is unlawful or contradicts general policing standards, the matter can be referred to the National Police Council (whose decision is final).

4. Removal of Top Officers (New Section 216)

• IGP: Removed only by the President on the recommendation of the National Police Council for specified grounds (grave misconduct, breach of Police Act/Regulations/Code of Conduct, conviction for fraud/dishonesty, bankruptcy, or mental incapacity). Requires two-thirds majority approval of the National Assembly.

• State Commissioner of Police: Removed only by the Governor on the recommendation of the National Police Council for similar grounds. Requires two-thirds majority approval of the State House of Assembly.

5. Funding Support (New Section 216A)

The Federal Government shall provide grants or aid to State Police on the recommendation of the National Police Council, subject to approval by the National Assembly.

6. Oversight Bodies

National Police Council (restructured and renamed from the old Nigeria Police Council; new composition and expanded functions in the Third Schedule):

• Broad membership including: Chairman (Presidential appointee confirmed by NA), Attorney-General of the Federation, serving senior Federal Police officer, Attorneys-General of all States, retired Commissioners of Police (one per geo-political zone), representatives of NHRC, Public Complaints Commission, NLC, NBA, NUJ, and Traditional Rulers’ Councils.

• Key functions: Appointment and discipline of Federal Police officers (except IGP); recommending State top officers (CP, DCP, ACP) to Governors based on State PSC lists; supervising Federal and State Police activities (within constitutional limits); setting standards for training, intelligence, forensics; assisting State Police on request.

State Police Service Commission (new body established for each State in Third Schedule, Part II):

• Composition: Chairman (appointed by Governor, confirmed by State HA), representatives of NHRC, Public Complaints Commission, NLC, NBA, NUJ, retired Assistant Commissioners of Police (one per senatorial district), and Traditional Rulers’ Council.

• Functions: Recommending three qualified candidates for CP/DCP/ACP to the National Police Council; appointment, discipline, and removal of State Police officers below the rank of Assistant Commissioner of Police; other functions as prescribed by the Constitution or National Assembly Act.

7. Legislative Framework (Second Schedule – Concurrent Legislative List)

• National Assembly may make laws on: establishment/organisation/administration/powers/duties of Federal Police; powers/duties of State Police; national minimum standards for both; policing standards, inspection, certification, complaints mechanisms, criminal information systems, inter-governmental cooperation, federal intervention, use of force, firearms, grants, and accountability.

• State Houses of Assembly may make laws for the establishment, organisation, administration, funding, and oversight of their State Police — but must comply with the Constitution and valid National Assembly Acts.

• States may set higher standards than national minimums but not lower.

• National Assembly laws cannot give federal authorities routine command, deployment, appointment, promotion, transfer, discipline, or control over State Police personnel (except for explicitly authorised federal intervention).

8. Other Related Changes

• Updates to various constitutional provisions (e.g., Sections 34, 35, 39, 42, 84, 89, 129, 153) to replace references to “Nigeria Police Force” with appropriate “Police”, “Federal Police”, or “State Police” terminology.

• Exclusive Legislative List adjustments (e.g., light arms for policing purposes; fingerprints/biometrics/forensics shared with State Police; Federal Police listed separately).

• Consequential amendments to the Third Schedule for the new bodies and their compositions/powers.

The approval of the bill is a major positive for the President Bola Ahmed Tinubu adminstration who have pushed for its creation as a key initiative to rejig Nigeria’s security architecture amidst the current insecurity plaguing the nation. The recent Oyo kidnappings also led to increased calls for State Policing by state governors who have argued that they lack the powers to give orders to the state divisions of the Nigerian Police Force.

The creation of the State Police is expected to bring policing closer to the citizens and reduce the strain on the Nigerian Police Force. Among the positives of the State Police is the expectation that it will help reduce insecurity in Nigeria by empowering each state to design its Police Force to meet its unique security needs.

However, there have been some concerns from observers who argue that Nigeria is not ripe for State Policing. The power of the governor to appoint the leadership has led to concerns that state police could become a tool for abuse of power by some governors who might convert them into their personal henchmen. Additionally, the issue of quality recruitment and training, as well as adequate funding as raised concerns over the potential operational capacity of State Police.

The increased level of insecurity, especially terrorism and banditry, which is now spreading to the Southern part of the country, has created a need for a more dynamic and proactive policing, which this bill is intended to solve.

At any rate, there’s still a long run road before state policing becomes effective in Nigeria. Despite the passage of the bill, preparation at the state level will require legislation, recruitment, and significant funding before state policing can take off.