The House of Representatives on Thursday passed through third and final reading a constitutional amendment bill seeking to establish state police, marking a major step in one of Nigeria’s most far-reaching security reform efforts since the return to democratic rule in 1999.
The bill scaled through after the House adopted the report of the Committee on the Review of the 1999 Constitution, chaired by Deputy Speaker Benjamin Kalu.
The proposed legislation, which seeks to amend key provisions of the 1999 Constitution, outlines a framework for the creation, funding, regulation and operation of state police services, while retaining the Nigeria Police Force as the nation’s federal policing institution.
The move comes amid renewed calls for state policing following worsening security challenges across the country.
Under the bill, state police services can only become operational after a state House of Assembly enacts a law establishing the outfit and the service is certified to have met nationally prescribed minimum standards. The National Assembly will be responsible for setting guidelines governing the structure, administration and powers of both federal and state police institutions.
The legislation also provides for a dual policing system in which federal and state police will operate simultaneously.
While state police will handle local security responsibilities, the federal police will continue to perform national policing functions and may support state authorities when necessary.
To safeguard the autonomy of state police services, the bill restricts federal interference in state policing affairs. Federal intervention will only be permitted in cases of a complete breakdown of law and order, upon a governor’s request, or when a state police service becomes ineffective due to administrative or financial difficulties. Such intervention must receive prior approval from the National Police Council.
A key provision of the bill empowers governors to appoint commissioners of police based on recommendations from the National Police Council and subject to confirmation by state Houses of Assembly. Governors may also issue directives on public safety and order.
However, where a commissioner considers any directive unlawful or inconsistent with professional policing standards, the matter may be referred to the National Police Council for a final determination.
At the federal level, the President will continue to appoint the Inspector-General of Police on the advice of the National Police Council and subject to confirmation by the National Assembly.
The bill further introduces safeguards against arbitrary removal of police chiefs. The Inspector-General may only be removed on grounds such as gross misconduct, violation of regulations, conviction for fraud-related offences, bankruptcy or mental incapacity. Such removal must be recommended by the National Police Council and approved by a two-thirds majority of the National Assembly.
Similarly, state commissioners of police may only be removed by governors following a recommendation from the National Police Council and approval by a two-thirds majority of the relevant state legislature.
While recognising the financial burden state policing may impose on some states, the amendment allows the federal government to provide grants or other forms of assistance to state police services, subject to the recommendation of the National Police Council and approval of the National Assembly.
The bill also grants state legislatures powers to enact laws governing the organisation, funding and oversight of state police services, provided such laws do not fall below national minimum standards. States will, however, be free to adopt higher standards where necessary.
In another measure aimed at protecting state police autonomy, the legislation bars federal authorities from exercising routine powers of command, deployment, appointment, transfer, suspension or disciplinary control over state police personnel, except in constitutionally approved circumstances.
The proposed amendment also replaces the Nigeria Police Council with a broader National Police Council comprising representatives of the federal police, state attorneys-general, retired senior police officers, the National Human Rights Commission, Public Complaints Commission, Nigerian Labour Congress, Nigerian Bar Association, Nigerian Union of Journalists and traditional rulers.
In addition, State Police Service Commissions will be established to oversee recruitment, discipline and appointment processes. The commissions will recommend candidates for appointment as commissioners of police and exercise disciplinary powers over officers below the rank of assistant commissioner.
The bill further authorises state police services to use light arms for policing duties and grants them access to fingerprints, biometric records, forensic data and criminal information systems in accordance with federal laws.
However, proponents of the legislation argue that the proposed framework balances state autonomy with national oversight, while introducing multiple layers of accountability designed to prevent abuse and strengthen internal security across the federation.
