ABUJA, Nigeria — Former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba (SAN), has endorsed the establishment of state police in Nigeria while warning against political control by governors, advocating for constitutional safeguards to ensure institutional independence and prevent abuse of the new policing structure.
In a letter dated June 26, 2026, addressed to the Secretary to the Government of the Federation, Dr George Akume, Agbakoba 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 towards improving security and bringing law enforcement closer to local communities.
The former NBA president, however, cautioned that the creation of state police without adequate constitutional safeguards could result in the abuse of the new policing structure by governors. He noted that Nigeria’s experience with State Independent Electoral Commissions (SIECs) and local councils demonstrates that institutions created without genuine constitutional protection often become subject to executive control.
“Devolution without institutional protection is reform in name only,” Agbakoba said, warning that state police could become “tools of oppression” if they are not insulated from political interference. “If state police are simply handed to governors without these protections, they will inevitably become tools of oppression, and Nigeria will have traded one problem for a far worse one,” he warned.
Drawing comparisons with South Africa, Agbakoba pointed to Chapter 9 of the South African Constitution, which establishes and protects institutions supporting constitutional democracy from executive interference. He noted that institutions such as the Public Protector, Human Rights Commission, Electoral Commission and Auditor General derive their independence directly from the constitution, enjoy security of tenure, and are accountable to parliament rather than the executive.
“The result is that in South Africa, neither the President nor any provincial governor can dictate to or manipulate these critical institutions,” Agbakoba said.
The senior advocate proposed that Nigeria adopt a similar constitutional model, granting constitutional independence to strategic institutions including the Nigeria Police Force, INEC, EFCC, ICPC, CBN, the National Judicial Council, and other key institutions currently listed under Section 153 of the Constitution.
Under his proposal, these institutions should enjoy security of tenure, guaranteed funding through direct charges on the Consolidated Revenue Fund, and accountability to the National Assembly or State Houses of Assembly rather than the President or state governors.
Agbakoba further proposed a tripartite appointment and removal process for heads of state police commands to prevent political interference. Under the arrangement, the Police Service Commission would identify and recommend qualified candidates to the governor, who would make the appointment subject to confirmation by the state House of Assembly. The same tripartite structure should govern removal, he said.
“This architecture of shared constitutional responsibility is the surest guarantee against executive capture and the politicisation of law enforcement,” he stated.
Beyond policing, Agbakoba urged the Federal Government to seize the opportunity presented by the constitutional amendment process to devolve additional responsibilities, including driver’s licences, prison administration, marriage registration, arbitration, trade regulation and business name registration, to states and local governments.
The constitutional amendment bill, passed by both chambers of the National Assembly, now awaits ratification by at least two-thirds of the 36 state Houses of Assembly before it can be forwarded to President Bola Tinubu for presidential assent.
