● A key provision of the bill empowers state governors to appoint Commissioners of Police for their respective states, subject to confirmation by the state Houses of Assembly.
The Senate has passed a bill seeking to amend the 1999 Constitution to provide for the establishment of state police services across the federation.
With its passage, the legislation replaces the existing Nigeria Police Force framework with a dual structure comprising a Federal Police Service and State Police Services.
The bill was considered after Senate Leader Sen. Opeyemi Bamidele presented its general principles. It subsequently scaled second reading, was considered clause-by-clause and passed third reading.
The passage followed a rigorous clause-by-clause consideration of the bill and came after more than two-thirds of senators voted in support.
A key provision of the bill empowers state governors to appoint Commissioners of Police for their respective states, subject to confirmation by the state Houses of Assembly.
Under Clause 17 of the proposed constitutional amendment, “A State Police Service shall be headed by a Commissioner of Police of the State appointed by the Governor of the State on the recommendation of the National Police Council, subject to confirmation by the House of Assembly of the State and to such qualifications and national minimum standards as may be prescribed by an Act of the National Assembly”.
The bill also defines the operational relationship between governors and state police commands. Section 17(6) provides that “a governor may issue lawful written directives of a general policy nature to the Commissioner of Police on matters relating to the maintenance of public safety and public order within the state”.
To allay fears of possible abuse of the proposed policing structure, lawmakers incorporated safeguards aimed at protecting political freedoms and civil liberties.
Section 17(7) specifically states that “a state Commissioner of Police shall not arrest, detain, investigate or deploy force against any person, political party or group merely for criticizing the government except in accordance with the law”.
The provision is designed to prevent state police formations from being used against political opponents, activists, journalists and other dissenting voices, while ensuring that any action taken complies with due process and existing legal provisions.
It also states in section 214, that the “The Federal Police Service may temporarily intervene in the internal security affairs of a State and may, to the extent necessary, assume specified operational responsibility, including temporary operational command of a State Police Service or any part thereof, only where – (a) there is an actual or imminent breakdown of public order or public safety which the State Police Service is unable or unwilling to contain; (b) the Governor of the State requests federal intervention etc.
“An intervention under subsection (10) of this section shall be authorised in writing by the President and shall state the grounds, territory, functions and duration of the intervention; and notice of the intervention shall be given to the Governor of the State, the Speaker of the House of Assembly of the State, the National Police Council and the National Assembly within forty-eight hours of the start of any intervention. (13) No intervention under subsection (10) of this section shall continue bevond such period as may be prescribed by an Act of the National Assembly unless approved by resolution of the Senate in the manner prescribed by that Act”.
The passage of the bill by the upper chamber came a day after President Bola Tinubu transmitted it, seeking the establishment of state police as part of efforts to reform Nigeria’s security architecture.
According to the president, the bill is designed to provide a legal framework for a dual policing structure, allowing states to establish and operate their own police services alongside the federal police.
He said the proposed amendment is a critical component of ongoing efforts to reorganise the country’s policing system, enhance security and better protect citizens. He added that communities, municipalities and local government areas would play more active roles in policing responsibilities under the new arrangement.
The development advances the Federal Government’s efforts to create a workable framework for state police, a proposal many Nigerians have advocated as a way to improve internal security, strengthen grassroots intelligence gathering and enhance the capacity of state governments to respond to emerging threats.
Nigeria’s policing system is currently controlled by the Federal Government through the Nigeria Police Force. However, worsening security challenges have intensified calls for a decentralised policing structure.
President Tinubu had earlier described state police as unavoidable in addressing insecurity and urged lawmakers to fast-track related bills.
Supporters argue that state police would improve local intelligence gathering, strengthen community-based security and enable faster responses to crime and emergencies.
Critics, however, have raised concerns over possible political interference by state governors, funding constraints and the risk of worsening ethnic or communal tensions.
The renewed push for state police comes amid growing concerns over insecurity and mass kidnappings in parts of the country.
