Senior Advocate of Nigeria, Dr Olisa Agbakoba, has called on the Federal Government to go beyond the proposed establishment of state police by introducing far-reaching constitutional reforms that would insulate key public institutions from executive interference.

In a letter dated June 26, 2026, and addressed to the Secretary to the Government of the Federation, Dr George Akume, Agbakoba argued that the ongoing constitutional amendment process presents an opportunity to strengthen Nigeria’s democratic institutions and prevent abuse of power.

The former President of the Nigerian Bar Association (NBA) commended President Bola Tinubu for transmitting to the National Assembly an Executive Bill seeking to amend Section 214 of the 1999 Constitution to establish state police, describing the move as a significant step toward improving security and bringing law enforcement closer to local communities.

He, however, cautioned that the creation of state police without adequate constitutional safeguards could result in the abuse of the new policing structure by state governors.

According to Agbakoba, Nigeria’s experience with State Independent Electoral Commissions (SIECs) and local governments demonstrates that institutions created without genuine constitutional protection often become subject to executive control.

“Devolution without institutional protection is reform in name only,” he said, warning that state police could become “tools of oppression” if they are not insulated from political interference.

The senior lawyer also urged the Federal Government to consider further devolution of powers to states and local governments in areas such as the issuance of driver’s licences, prison administration, marriage registration, arbitration, trade regulation and business name registration, arguing that such responsibilities could be managed more efficiently at the subnational level.

Agbakoba recommended that Nigeria adopt a constitutional model similar to that of South Africa, where independent institutions derive their authority directly from the Constitution and are protected from executive influence through guaranteed tenure, independent funding and legislative oversight.

He proposed that institutions including the Nigeria Police Force, the Independent National Electoral Commission (INEC), the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Central Bank of Nigeria (CBN), the National Judicial Council (NJC), the Attorney-General’s Office, the Accountant-General’s Office, the National Human Rights Commission and the Code of Conduct Bureau should be restructured as constitutionally protected bodies.

According to him, the funding of such institutions should be charged directly to the Consolidated Revenue Fund, while their accountability should rest with the National Assembly or State Houses of Assembly rather than the President or state governors.

Citing constitutional scholar Professor Ben Nwabueze’s doctrine of limited government, Agbakoba maintained that executive authority should be constrained by independent institutions guaranteed by the Constitution.

He further proposed an interlocking appointment and removal process for state police leadership involving the Police Service Commission, the governor and the State House of Assembly to ensure that no single arm of government exercises unilateral control over law enforcement.

Under the proposal, the Police Service Commission would nominate qualified candidates, the governor would appoint from the recommendations, while the State House of Assembly would confirm the appointment. The same tripartite process, he said, should apply to the removal of state police chiefs.

Agbakoba argued that such a framework would provide the constitutional checks and balances necessary to prevent executive capture and the politicisation of policing.

He urged the Federal Government to give serious consideration to the proposals as part of the ongoing constitutional reform process, stressing that strengthening institutional independence is essential to consolidating democracy and ensuring accountability in Nigeria.