National Assembly Advances Controversial State Police Bill

Nigeria is on the cusp of a significant transformation in its security architecture, with both the Senate and the House of Representatives advancing legislation aimed at establishing state police. This development marks a major stride in ongoing efforts to decentralize policing powers and address the nation's persistent security challenges.

In the Senate, a bill seeking to establish state police and devolve policing powers to sub-national governments successfully scaled its second reading. Following the debate, Senate President Godswill Akpabio referred the bill to the Senate Ad-hoc Committee on the Review of the 1999 Constitution for thorough legislative scrutiny. Leading the debate, Senate Leader Opeyemi Bamidele articulated the establishment of state police as a critical reform. He emphasized its role in strengthening Nigeria's internal security, especially given concerns about the current Nigeria Police Force's capacity to effectively tackle emerging threats. Bamidele highlighted that local police officers, with their understanding of local languages, customs, and social structures, are better equipped for intelligence gathering—a cornerstone of modern policing. He asserted that state police would significantly bolster Nigeria’s intelligence architecture. The Senate Leader detailed Nigeria's extensive security challenges, including terrorism, banditry, mass abductions, farmer-herder conflicts, cultism, armed robbery, pipeline vandalism, communal clashes, and cyber-enabled crimes. He argued that the increasing complexity and localized nature of these threats have fueled public demand for state police, as many Nigerians believe the centralized policing structure is no longer adequate. Bamidele sponsored the bill as part of broader efforts to modernize the nation’s security framework and reinforce cooperative federalism. Contributing to the discussion, Senate Chief Whip, Senator Tahir Monguno, expressed strong support, noting the bill would provide a vital legal framework to regulate the growing number of vigilante groups operating nationwide, ensuring accountability and effective discharge of responsibilities.

Concurrently, the House of Representatives also approved a constitutional amendment bill to establish state police across the country. 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 and for Related Matters (Sixth Alteration) Bill, 2026,” the legislation was passed during consideration at the Committee of the Whole. The bill received overwhelming support, with 289 lawmakers voting in its favour, one abstention, and no votes against, as confirmed by a manual voting process. This proposed amendment aims to create a dual policing system, comprising Federal Police and State Police, as a strategic response to the nation's escalating security issues through a more decentralized framework.

Under the proposed changes, Section 214 of the Constitution will be amended to formally establish both policing formations. The National Assembly will be granted the authority to prescribe the structure, administration, and powers of the Federal Police, while also setting minimum standards for the establishment and operation of state police services. A key provision mandates that no state police formation can commence operations without a law passed by its relevant State House of Assembly, certified to comply with the national standards set by the National Assembly. Furthermore, the Federal Police will maintain policing powers in any state until its state police service becomes fully operational.

To prevent abuse and undue interference, the bill carefully limits federal intervention in state police affairs. Federal Police intervention would only be permissible in instances of a breakdown of law and order, upon the explicit request of a governor, or if a state police force becomes incapacitated due to administrative, financial, or operational challenges.

The amendment also proposes significant changes to the appointment and command structure of the police. The Inspector-General of Police will be appointed by the President, based on the advice of the Nigeria Police Council, from among serving members of the Federal Police, subject to confirmation by the National Assembly. Similarly, a State Commissioner of Police will be appointed by a governor, on the advice of the Nigeria Police Council, from among serving officers of the State Police, subject to confirmation by the respective State House of Assembly. Governors will be empowered to issue lawful directives to State Commissioners of Police concerning public safety and the maintenance of law and order. However, if a commissioner deems such directives unlawful or inconsistent with policing standards, the matter can be referred to the Nigeria Police Council for a final decision. The bill further seeks to amend Section 84 of the Constitution, replacing references to the National Police Council and the Federal Police Service Commission with the Nigeria Police Council and the Police Service Commission.

The concurrent passage of this bill in both legislative chambers marks a pivotal moment in Nigeria's constitutional review process and revives a long-standing national debate regarding the desirability of state policing as a solution to insecurity. For the amendment to become law, it requires concurrence from the Senate, approval by at least two-thirds of the state Houses of Assembly, and ultimately, presidential assent. If enacted, this legislation is expected to usher in a multi-layered policing system, designed to enhance responses to banditry, kidnapping, terrorism, and other security threats through greater local participation and decentralized governance of law enforcement.