A bill seeking the establishment of state police in Nigeria has been passed by the lower legislative chamber, the House of Representatives.
The passage of the bill for further legislative action marks a significant step towards decoupling Nigeria’s policing structure and giving the governors more power over matters of security in their domain.
The bill, which was passed during plenary presided over by Speaker Tajudeen Abbas on Thursday had massive support with 289 lawmakers voting in favour.
Thursday’s session was ostensibly dedicated to the proposed legislation amid a deepening security crisis across the country, including killings, kidnappings, and bandit attacks across the country.
There was a momentary snafu during the hearing at the hearing when Bashir Zubairu, a lawmaker from Kaduna State, raised a point of order.
He disclosed that members had only received the report prepared by the House Committee on Constitution Review earlier in the day and did not have enough time to study it.
Addressing the chamber after being recognised by the Speaker, Zubairu stated, “Mr Speaker, this document was only made available to lawmakers in the chambers, and we are yet to go through it. We cannot do justice to it because we have not gone through it.”
Despite his objection, the Speaker ruled him out of order and directed that the process continue.
As Abbas proceeded to take lawmakers through the bill’s provisions, some members were heard shouting “Point of Order,” but the Speaker declined to entertain the interruptions.
Before voting commenced, Abbas informed members that the electronic voting system was not functioning, explaining that voting would instead be determined based on attendance records.
Of the 290 lawmakers present, 289 supported the establishment of state police, while only one member voted against the proposal.
The Speaker, Abbas did not participate in the vote.
Under the proposal, Section 214 of the Constitution will be amended to formally establish both policing formations. The National Assembly will be empowered 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.
The bill provides that no state police formation shall commence operations unless it is established through a law passed by the relevant State House of Assembly and certified as complying with national standards to be prescribed by the National Assembly.
It also states that the Federal Police will continue to exercise policing powers in any state until its police service becomes fully operational.
To guard against abuse and undue interference, the bill limits federal intervention in the affairs of state police formations. Under the proposal, the Federal Police may only intervene where there is a breakdown of law and order, upon the request of a governor, or where a state police force becomes unable to function due to administrative, financial or operational challenges.
The amendment further proposes changes to the appointment and command structure of the police.
Under the new arrangement, the Inspector-General of Police will be appointed by the President 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.
The proposal empowers governors to issue lawful directives to State Commissioners of Police on matters relating to public safety and maintenance of law and order. However, where a commissioner considers such directives unlawful or inconsistent with policing standards, the matter may be referred to the Nigeria Police Council for a final decision.
The bill also seeks to amend Section 84 of the Constitution by replacing references to the National Police Council and the Federal Police Service Commission with the Nigeria Police Council and the Police Service Commission.
If eventually enacted, the legislation is expected to introduce a multi-layered policing system aimed at improving responses to banditry, kidnapping, terrorism and other security threats through greater local participation in policing.
