- House passes constitutional amendment creating legal framework for state police
- National Police Council restructured, governors removed from membership
- Bill guarantees direct funding, independent oversight and limits federal intervention
- Minority lawmakers protest alleged constitutional breaches but reaffirm support for state police
- Vigilante groups barred from automatic conversion into state police
- Security experts hail reform, urge careful implementation
The House of Representatives yesterday passed a constitutional amendment bill seeking to establish State Police Services, marking a significant milestone in Nigeria’s efforts to decentralise policing and strengthen the country’s security architecture.
The bill, titled A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 to Provide for the Establishment of State Police Services and for Related Matters (HB.2797), secured the constitutionally required two-thirds majority after consideration by the Committee of the Whole.
However, its passage was overshadowed by a walkout by minority lawmakers, who accused the House leadership of violating constitutional procedures during deliberations, despite maintaining that they support the creation of state police.
The proposed amendment, transmitted to the House by President Bola Tinubu, seeks to amend the 1999 Constitution to provide the legal framework for state police as part of broader efforts to strengthen Nigeria’s security system.
Presenting the report of the House Committee on Constitution Review, Deputy Speaker Benjamin Kalu described the proposal as a landmark reform designed to bring policing closer to communities, improve intelligence gathering, strengthen community policing and enhance coordination among security agencies.
Kalu said the amendment only provides the constitutional basis for state police, while issues relating to recruitment, training, funding, accountability and operational standards would be addressed through subsequent legislation.
The bill introduces several constitutional safeguards aimed at protecting state police from political manipulation.
It guarantees direct funding for State Police Services by providing that funds standing to their credit be paid directly to the agencies.
It also strengthens the independence of oversight institutions by ensuring the Federal Police Service Commission, the National Police Council and State Police Service Commissions are not subject to the control or direction of the President, governors or any other authority.
The amendment establishes a dual policing system, assigning the Federal Police responsibility for terrorism, organised crime, cybercrime, border security and interstate offences, while State Police Services will enforce state laws and maintain public order within their respective states.
Federal intervention in state policing is limited to exceptional circumstances, including breakdown of public order, national security threats, serious human rights violations or where assistance is requested by a state governor. Such intervention must be temporary, proportionate and authorised in writing by the President, with oversight by the National Assembly and the courts.
The bill also restructures the National Police Council by removing the President and the 36 state governors as members.
The reconstituted council will include a chairman appointed by the President and confirmed by the National Assembly, the Attorney-General of the Federation, state Attorneys-General, senior serving and retired police officers, and representatives of key institutions, including the National Human Rights Commission, Public Complaints Commission, Nigeria Labour Congress and the Nigerian Bar Association.
At the state level, each Chief of Police will be appointed by the governor on the recommendation of the council and confirmed by the State House of Assembly.
The legislation also mandates the establishment of Community Policing Committees in all 774 local government areas, while prohibiting existing vigilante and community security outfits from automatically becoming State Police Services.
Following the bill’s passage, members of the Minority Caucus staged a walkout, alleging that the House failed to comply with constitutional procedures governing constitutional amendments.
Minority Caucus spokesman Afam Ogene argued that lawmakers present should have been determined through the official attendance register and faulted the use of a voice vote for the amendment.
Minority Leader Fred Agbedi stressed that the caucus supports state police but opposed what it described as the failure to consider and vote on each clause of the bill separately, as required by the House Standing Orders.
In a formal letter to the Speaker, the caucus called for the bill to be recommitted for further review to address constitutional ambiguities, governance concerns, funding issues and operational gaps.
The lawmakers also proposed transferring 15 per cent of the Federation Account allocation currently accruing to the Federal Government to states to enable them finance state police operations.
Security experts welcomed the House’s decision, describing it as a major breakthrough in Nigeria’s long-running policing reform efforts.
Chairman of the Nigeria Police Committee on the Establishment of State Police, Prof. Olu Ogunsakin, said the amendment represents a practical response to Nigeria’s worsening security challenges and contains safeguards against political abuse.
Security analyst Dr. Charles Omole said the minority lawmakers’ protest centred on legislative procedure rather than opposition to state police, noting that the amendment only establishes the constitutional foundation, while detailed operational guidelines will come through subsequent legislation.
However, retired NSCDC Assistant Commandant-General Dr. Billy David Adaji urged lawmakers to carefully address implementation, funding and operational issues to ensure the effectiveness and sustainability of state police across the country.
