President Tinubu Pushes for State Police Powers, Seeking Constitutional Changes

President Bola Tinubu has transmitted a comprehensive State Police bill to the House of Representatives, initiating a critical constitutional reform aimed at establishing State Police services and prescribing national minimum policing standards across Nigeria. This executive bill, comprising 26 clauses, seeks to significantly amend various sections of the 1999 Constitution, including Sections 84(4), 89(2), 121(3b), 124(4), 129(2), 153(1), 157(2), 158(1), 160, 197(1), 201(2), and 204, among others. It also proposes the deletion and substitution of Sections 214, 215, and 216, along with alterations to the Second, Third, and Fifth Schedules and Section 318(1).

The legislative framework, as detailed in its explanatory memorandum, is designed to preserve the Federal Police Service as the default policing authority in any State until a State Police Service is lawfully established and certified operational. It also ensures the continued federal policing role in every State and the Federal Capital Territory, Abuja. The bill establishes vital constitutional guardrails, including mechanisms for civilian control, human rights protection, adherence to national minimum standards, independent police service commissions, intergovernmental cooperation, criminal information systems, and firearms control. Furthermore, it outlines conditions for exceptional federal intervention in State policing, such as in cases of public order breakdown, serious incapacity, national security threats, or egregious abuses. However, the specifics of organization, procedures, operational control, certification, complaints mechanisms, grants, and implementation arrangements are deferred to subsequent Acts of the National Assembly and, where applicable, to the Laws of the Houses of Assembly of States.

A core structural amendment is the proposed deletion and substitution of Section 214 of the Constitution (Clause 16). The new Section 214 mandates the establishment of a Federal Police Service for the Federation and a State Police Service for each State. A State Police Service can only commence operational policing once established by a Law of the House of Assembly of the State and certified as meeting national minimum standards, as prescribed by an Act of the National Assembly. Until a State Police Service is operational, the Federal Police Service will continue to perform policing functions in that State, and thereafter, will continue its federal policing functions and may assist the State Police.

The bill clearly delineates responsibilities. The Federal Police Service will handle federal policing functions, including the enforcement of federal laws, policing the FCT, protecting federal institutions and assets, and addressing matters with inter-State, international, organized-crime, terrorism, cybercrime, arms-trafficking, border-security, and national-security dimensions. A State Police Service, within its State, will be responsible for enforcing State laws, maintaining public safety and order, preventing and detecting offences within its competence, protecting life and property, and local policing functions. State Police Services are generally prohibited from exercising powers outside their established State unless authorized by an Act of the National Assembly. The bill also prohibits the establishment of any other police service, organization, or armed body exercising police powers, except in accordance with the Constitution, while allowing for unarmed traffic, emergency management, environmental, neighborhood safety, or community support services.

To ensure coordination and accountability, the bill mandates cooperation, information exchange, and mutual assistance between the Federal and State Police Services. Critically, it outlines specific conditions for federal intervention in a State's internal security affairs (Clause 16, subsections 10-14). Such intervention is permissible only when there is an actual or imminent breakdown of public order the State Police cannot contain, a Governor's request, serious State Police incapacity, substantial evidence of egregious human rights violations, partisan intimidation, or a significant threat to national security or the Federation's integrity. Any intervention must be temporary, necessary, proportionate, and limited in scope, authorized in writing by the President with notice to relevant parties, and subject to Senate approval and judicial review. Importantly, an intervention cannot dissolve a State Police Service or suspend elected State institutions.

Clause 17 (new Section 215) addresses the appointment, command, and tenure of police leadership. The Federal Police Service will be led by an Inspector-General of Police (IGP), appointed by the President on the advice of the National Police Council, subject to Senate confirmation. The President or an authorized Minister can issue lawful general policy directions to the IGP. Similarly, a State Police Service will be headed by a Commissioner of Police of the State, appointed by the Governor on the recommendation of the National Police Council, subject to confirmation by the State House of Assembly. The Governor or an authorized State Commissioner can give lawful general policy directions to the State Commissioner of Police. The bill explicitly prohibits directions that mandate specific arrests, investigations, deployments, or use of force against named individuals or groups, or that compel unlawful acts, human rights violations, or partisan enforcement of law. Both the IGP and State CPs can request their respective Police Service Commissions to review directions they deem unlawful or inconsistent with national minimum standards. Removal of the IGP or a State CP requires stated cause, a fair hearing, recommendation from the National Police Council, and approval by a two-thirds majority resolution of the Senate or the State House of Assembly, respectively.

National policing standards, oversight, and accountability are central to the proposed framework (Clause 18, new Section 216). The National Assembly is tasked with prescribing national minimum standards for both Federal and State Police Services, covering recruitment, vetting, training, certification, appointment, promotion, discipline, conduct, use of force, firearms, custody, complaints, criminal information, intergovernmental cooperation, public reporting, and accountability. State Laws may prescribe higher or additional standards but cannot derogate from the national minimums. An Act of the National Assembly will also establish independent arrangements for policing standards, inspection, certification, complaints, reporting, criminal information systems, data-sharing, federal intervention, grants, and accountability. Furthermore, the use of arms, ammunition, and equipment must be authorized by an Act of the National Assembly, and any use of force must be lawful, necessary, proportionate, and accountable.

Significant institutional changes are also proposed, particularly concerning police commissions and councils. Clause 20 amends Part I of the Third Schedule, changing the 'Nigeria Police Council' to the 'National Police Council' and outlining its new composition, which includes a President-appointed Chairman, the Attorney-General of the Federation, a Deputy Inspector General of Police representing the Federal Police Service, State Attorneys-General, retired police officers from geo-political zones, and representatives from human rights, public complaints, labour, and legal bodies. Its functions include coordinating national policing policy, recommending IGP and State CP appointments/removals, and supervising both federal and state police activities. Clause 21 renames the 'Police Service Commission' to the 'Federal Police Service Commission', granting it powers to appoint, promote, transfer, dismiss, and discipline Federal Police personnel (excluding the IGP). Clause 22 introduces 'State Police Service Commissions' for each State, which will recommend State CPs to the National Police Council, appoint, promote, transfer, dismiss, and discipline State Police personnel (excluding the State CP), and exercise oversight, complaints, and accountability functions for their respective State Police Service.

Further amendments include Clause 4, which ensures that funds allocated to a State Police Service Commission are paid directly to it. Clause 14 grants the State Police Service Commission autonomy to make its own rules without the Governor's approval or control. Clause 19 updates the Second Schedule, incorporating State Police Service into provisions related to fingerprints, criminal records, and delineating legislative powers for the National Assembly regarding federal police and national standards, and for State Houses of Assembly concerning State Police, with strict limits on federal routine operational or personnel control over State Police Services. Clause 24 introduces new definitions in Section 318(1) for terms like 'Federal Police Service,' 'State Police Service,' 'national minimum standards,' and 'police powers,' ensuring clarity within the amended constitution. Additionally, Clause 23 ensures that members and staff of all police services and their commissions are subject to the Code of Conduct Bureau under the Fifth Schedule.

The bill includes crucial transitional and savings provisions (Clause 25) to manage the shift. Upon its commencement, the existing Nigeria Police Force will continue as the Federal Police Service until restructured, and current IGP and NPF members will transition into their new roles. Similarly, the Police Service Commission and Nigeria Police Council will continue as the Federal Police Service Commission and National Police Council, respectively. The Federal Police Service will continue policing every State until a State Police Service becomes operational, and will continue its federal functions thereafter. Critically, existing state, local, community, vigilante, or other security outfits will not automatically become State Police Services or exercise police powers or bear firearms unless explicitly authorized by the Constitution and an Act of the National Assembly. Existing laws, regulations, and instruments referring to the old structures will be construed to refer to their new federal counterparts.

The proposed State Police bill represents a monumental step towards decentralizing policing powers in Nigeria, aiming to create a more responsive, accountable, and locally relevant security architecture while maintaining national standards and a federal oversight role. Having scaled through its Second Reading, the bill has now been referred to the Special Ad-hoc Committee on Constitution Review for further legislative action, marking a pivotal moment in Nigeria's security sector reform efforts.