Nigerians who express reservations about the establishment of state police are entitled to their scepticism, given the very turbulent experiences the country has had with policing. The country cannot be too careful in ensuring that it does not run into deeper problems in solving problems associated with the limitations of the current unitary police. However, considering the failure of the police as presently constituted in Nigeria, and the urgency of actions demanded by prevailing realities of insecurity, government and Nigerians should frontally address the likely issues arising from state police, rather than give excuses against it.
For decades, Nigerians have advocated and yearned for the establishment of state police. But there was always pushback from segments that fear the country might not be ripe to have a police system that is managed by governors. Some critics point to the challenges and misuse of federally operated policing, concluding that state police would be worse. Some politicians are opposed to it on the grounds of its close timing to next year’s general elections, while others think the constitutional requirements for setting up state police would be difficult to meet.
Nevertheless, no system is utterly bad if the operation is subjected to rules. Besides, state police are synonymous with the federal system we operate, as it is in other federal systems such as the United States, Australia, Canada, Germany, Brazil, India, among others. In these countries, subnational units (states) are enabled by law to operate local police to manage public order. The sooner Nigeria gets acquainted with it and begins to fine-tune the grey areas, the better. The country cannot remain redundant on this matter endlessly.
Therefore, President Bola Tinubu’s action in transmitting the Constitution of the Federal Republic of Nigeria (Alteration) State Police Bill, 2026, to the National Assembly is instructive, a move in the right direction. Now, both the Senate and House of Representatives have passed the bill. The upper chamber approved the State Police Bill after considering the report of its Committee on the Review of the Constitution, presented by its chairman, Barau Jibrin. More than two-thirds of members voted in support. Similarly, the House of Representatives passed the bill after securing more than two-thirds majority required for the amendment of the Constitution.
With insecurity ravaging all corners of the country and response time by security command centres in Abuja patently slow to deter and counter crimes, there is no doubt that most Nigerians want to see what impact state police would have on their situations.
Notably, like other political parties, the ruling All Progressives Congress (APC) promised to establish state police far back in their 2015 campaigns, ahead of the general elections of that year. In addition, the party promised to devolve more powers from the centre, a vital segment of which is the state police. The party went on to set up a committee on restructuring, chaired by former Kaduna State Governor, Nasir el-Rufai, which recommended moving the police from the exclusive legislative list, proposing that both the federal and state governments be allowed to operate parallel policing outfits.
But Nigerians waited in vain for eight years while the late former President Muhammadu Buhari no longer felt the need to initiate procedures for the establishment of state police. Meanwhile, insecurity festered. Calls for state police intensified in the last three years under President Tinubu. According to Dataphyte, a research and data analytics company, despite allocating N12.56 trillion to security, ministries and agencies between 2024 and 2026, civilian casualties are still high, at 14,231. Similarly, 1,560 security personnel were killed. Many communities have been sacked by terrorists and bandits, with locals unable to go to farm and attend to businesses. Schools have been invaded and hundreds of students abducted. Many schools are under lock and key.
Interestingly, governors have joined the demand for the establishment of state police and the support is resounding. The Nigeria Governors’ Forum had insisted that the creation of state police should be embedded in the Constitution.
As part of preparations, the Inspector-General of Police inaugurated an eight-member committee to come up with a framework on personnel redeployment, jurisdiction, funding and implementation of state police. The committee, chaired by Professor Olu Ogunsakin, submitted the framework to the Senate Committee on Constitution Review.
With the legislation forwarded to the 36 State Houses of Assembly for concurrence, which requires the approval of at least 23 state assemblies before returning for final constitutional processing and presidential assent, more Nigerians should create time to ventilate the processes.
In view of possible complications that may arise from a poorly digested concept of state police, it is not surprising that some Nigerians want more engagement before state police becomes law. Some reservations border on the timing, with some feeling that having state police in an election year could inevitably give governors the upper hand in the deployment against the opposition. This is the view of the presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, a view shared by the Peoples Redemption Party (PRP) and others. The thrust of their argument is that government should build democratic trust before embarking on the creation of state police.
Rights activist and lawyer, Femi Falana, SAN, believes that state police alone will not address deep-seated insecurity in the country. He wants the government to tackle poverty first. Some Nigerians fear that state police in the hands of governors could spell crisis in states.
To moderate public reservations on state police, certain guardrails are built into the legislation. For example, Section 17(7) provides that the Commissioner of Police of a state shall not arrest, detain, investigate or deploy force against any person, political party or group for criticising the government, except in accordance with the law. This could prevent the misuse of state police against political opponents or critics, and ensure that any action taken against such individuals or groups complies with due process and existing laws.
Section 17(8) provides that the Inspector-General of Police or a Commissioner of Police of a state may request the appropriate Police Service Commission to review any directive considered unlawful or inconsistent with national minimum standards. The provision further states that nothing in the section shall oust the jurisdiction of the courts.
Section 17(10) provides that a Commissioner of Police of a state shall not be suspended or removed except for a stated cause, in accordance with the principles of fair hearing, on the recommendation of the National Police Council and subject to approval by a resolution supported by not less than two-thirds of all members of the state’s House of Assembly.
While the guardrails are hardly sufficient or foolproof, state police will remain a work in progress for some time. What is needed are more debates and public hearings before the final passage and assent to the bill and even after. As a country, Nigerians should make up their mind that the time for state police is now. The obligation to make it work is for all citizens. But the country should not remain static because of uncertainties. True federalism is the antidote to the fears!
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