The call for state police has been resonating in Nigeria for years due to the realization that the Nigeria Police Force, as presently constituted, has been overwhelmed by the increased demands on law enforcement in Nigeria. Thirty-six state governors recently resolved to agree to the establishment of state police in their various states. This is what security professionals have been advocating: that the entire criminal justice delivery system be restructured. However, many argue that Nigeria is not ripe for state police because state governors will use the police to haunt their political opponents. Whichever way, the consensus is that the colonial policing system cannot cater to the over 230 million Nigerians in the 21st century.

Some security analysts have posited that there should be legislative amendments, building of structures, and funding before a state police can be established. After the initial steps, there should be serious training and reorientation of the state policemen. Just like it happened when the Nigerian Security Organisation (NSO) was restructured in the Buhari/Idiagbon regime, there was a massive recruitment of young university graduates, who gradually replaced the carry-over from the E-Department of the Nigeria Police Force, who started the NSO. Although some of the present crop of policemen will be deployed to their states of origin to lay the foundation of the state police, most of the State policemen should be recruited from the large market of unemployed graduates. These recruits should undergo a well-designed training program, lasting from six to 12 months. The emphasis should be to create a State Police Service designed to serve and protect the citizens of that State.

However, others (including the present hierarchy of the police) are of the opinion that the legacy of the colonial police to protect government officials, like the Royal Niger Company, should remain. Some believe that general elections cannot be successful without the presence of policemen. However, recent local government elections in Rivers and Kano States have shown that elections can be held safely and quietly without the presence of massive police deployment. Establishing state police will also enhance our democracy, where the citizens, and especially politicians, will learn to live under the Rule of Law. Incidents of misuse and abuse of the police will be minimised, if not eradicated. It is important to reiterate here that, from the history of the Nigeria Police Force, it was not created to serve and protect the Nigerian populace. The main objective of the police at that time was to protect the colonialists. The only interaction then was tax collection. I remember in my primary school days when the police would come for tax raids or the destruction of the local gin (ogogoro – branded illicit gin) while encouraging Nigerians to buy and drink the imported whiskey, Gordon gin, and brandy of the colonialists. The Royal Niger Company’s influence was significant, from trading to politics, in shaping the early history of Nigeria.

However, the present government is revving up its political will to start the process of balkanizing the Nigeria Police Force. If the country actually sticks to the federal democratic system from the United States, then it should go the whole mileage of allowing the States (which are the federating units) to have their police systems, rather than hanging on the legacy of a unitary police system. The criminal justice system in the United States is well-defined in terms of powers, responsibilities, and funding. Laws are defined in terms of Federal, State, County (like our Local Government Areas), and other specialist Police Departments. The big question remains: is Nigeria ready for State Police? My answer will be YES, because establishing State Police, or restructuring the criminal justice delivery system, is a process; and there is no better time to start that process than now.

Setting up a State Police requires careful planning, coordination, and execution. These could be the very first steps to consider: Setting up a legislative framework. This will include a constitutional amendment to repeal Section 214, which states that there will be only one Nigeria Police Force. This amendment is necessary to accommodate the creation of state police. Section 216 makes the Inspector General of Police the repository of police authority in the country. After these amendments, the State Assemblies will enact laws to establish the State Police. Another amendment will be to establish the jurisdictions of other Federal Police agencies like the Department of State Services (DSS), National Drug Law Enforcement Agency (NDLEA), Economic and Financial Crimes Commission (EFCC), and others whose jurisdictions will be restricted to federal or trans-border crimes. State Police organizations will work within the jurisdiction of policing as spelt out by the State Assemblies.

The states will also establish a State Police Commission to oversee the police service, responsible for appointments, promotions, and discipline. Other structures, like State Police Headquarters and Local Government Commands (or a Local Government Sheriff Organization, will be in order). The whole idea is to bring law enforcement to the grassroots, covering all areas, including ungoverned spaces as they now exist.

A major plank in restructuring and establishing the state police is total reorientation. The state legislators, when crafting the law, should have in mind that they should create a people-centric police service (not force) to serve and protect the people. The state police should be seen as truly a friend and not a coercive force. To achieve this, the state governments should contract professionals to carry out a transparent recruitment process based on merit. They should provide training and capacity-building programs for officers to enhance their skills and knowledge. Far from being the quasi-vigilante arrangements like Amotekun or Hisbah operating in some States, the State Police will be a full-fledged police service, well-kitted, well-armed, and well-trained. I will suggest that every State have a standby, well-trained Special Weapons and Tactics team to respond to violent crimes like hijacks, kidnappings, and uprisings. There are also suggestions as to whether the state police should be living in barracks or among members of society. This has its pros and cons.

Members of the state police living within the society of their jurisdiction will make them more effective if that is desired at this time. People know them and can easily confide in them in information sharing. They should foster community policing principles to build trust and cooperation between the state police and the community. The law should also establish an independent oversight body to monitor the activities of the State Police, investigate complaints, and ensure accountability. These initial steps provide a foundation for establishing the State Police Service. However, specific requirements and processes may vary depending on the State’s laws, regulations, and needs.

The laws should be crafted for the policemen to see themselves as professionals who will be providing services of public safety and security to the public. They are not established to recover debts or get involved in land matters, etc. The abuse of the police, which has bedevilled the Nigeria Police Force, and reduced it to the extent of individuals hiring the police to settle scores with opponents or hiring them by private individuals and companies for their protection, should stop. This is the time to take a holistic view of the policing and criminal justice system. Indeed, it is time to review the security architecture of the country.

Following the American system, we need to re-organise our policing system to be independent and more effective. We should start with the intelligence services. The Act that established the State Security Services and the National Intelligence Agency should be amended to make them independent and answerable to the People of the Federal Republic of Nigeria through the National Assembly. They should not be a department in the Presidency, as is practised at present. The Defense Intelligence Agency should report to the Minister of Defense.

All other federal police bodies like the National Drug Law Enforcement Agency (NDLEA), Economic and Financial Crimes Commission (EFCC), Customs and Immigration Services, National Security and Civil Defense Corps (NSCDC), and others should report to the Minister of Justice (not the Attorney General). This also calls for the separation of the offices of the Attorney General and that of the Minister of Justice.

At the federal level, the United States has the Federal Bureau of Investigations (FBI), which has nationwide jurisdiction to enforce federal laws. They are limited by the US Code to investigate only matters that are explicitly within the power of the federal government. There are other federal law enforcement agencies, which include the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service, and the Federal Bureau of Prisons (BOP).

After the terror attack of 9/11 in New York, the government created the Department of Homeland Security as a counter-terrorism agency, with many other law enforcement agencies reporting to it. In the case of a crime or disaster, many agencies can respond, but when the situation is clear, the agencies are flexible enough to allow the responsible agency to take command. According to the US Constitution, the federal government is not authorised to execute general police powers. The agencies have their jurisdiction and specific duties to carry out.

State Police, on the other hand, started as an agency to enforce State laws, which are mainly traffic laws, criminal laws, public safety laws, environmental laws, and commercial vehicle laws. The list is not exhaustive, but some laws may vary depending on the state or local government jurisdiction. Urban crimes are highly mobile, so consideration could be given to police patrols, including highway patrols, reporting directly to the State Department of Public Safety. Their duties are very clear, and these include: arrest and detention of suspects, crime scene protection, search and seizure, emergency assistance to the public, interrogation and interviews, and the presentation of testimony in court. It can be seen from these duties that the State Police is restricted to police duties only. So, in Nigeria, I will suggest that they report to the State Commissioner in the Ministry of Public Safety. This will remove them from political manipulation.

Other responsibilities of the state police will include maintaining law and order across the state jurisdiction. These will include patrolling roadways, enforcing state laws, maintaining peace, and assisting local government law enforcement when necessary. For instance, if someone commits murder in one state, the state police will investigate and prosecute the suspect. But if he flees into a neighbouring state, it becomes an interstate crime, where the Federal Police will be invited to take charge.

Establishing state police must, in effect, give way to the concurrent establishment of County or Local Government Area Police (Sheriffs), who will be responsible for carrying out Local Government Ordinances. That will be the limit of their jurisdiction, which will include criminal laws, traffic laws, enforcement of court orders and civil processes, corrections and detentions, like maintaining a county jail and prisoner transport. Local government sheriffs can also respond to emergencies, such as natural disasters, including search and rescue operations. Majorly, sheriffs engage in community policing, building relationships with the public and providing education and outreach programs. They maintain the county jail for drunk traffic violators and domestic violence suspects awaiting to be charged to court. In large municipalities, they have City police like the New York City Police (NYPD) or Los Angeles Police Department (LAPD).

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Policing in the United States has been so segmented that a unitary system, as practised in Nigeria, will be totally dysfunctional. Right now, all university campuses have Campus Police. Airports have their Airport Police, and so does the Railroad Service with their Railroad Police. Nigeria used to have the Railway Police. In most American cities, high-brow housing estates have their fully equipped Police units patrolling the estate. All these are full-fledged Police units carrying out their duties within their jurisdiction. There are approximately 17,985 police agencies in the United States, comprising various types of law enforcement organizations.

The unique aspect of all these Police units is that, in cases of emergency or crime scene situations, the Police, in one form or another, will respond immediately. They call for backup from the appropriate Police unit, like the Special Weapons and Tactics (SWAT) team or FBI, as the case may be.

The watchword here is jurisdiction.

Each unit knows its jurisdiction, and it operates within that jurisdiction, knowing when and where it needs to turn over an issue to another unit. State Police will operate in their jurisdictions. Local Police in their jurisdictions. Federal Police will operate in their jurisdictions. Together, they should be able to provide total policing for Nigeria.

Amachree, a Security Consultant, writes from Abuja