REFORM: Key provisions of Nigeria’s state police framework

The House of Representatives has approved a constitutional amendment bill proposing the establishment of state police, marking a significant step in Nigeria’s ongoing debate over security reforms.

The legislation seeks to amend portions of the 1999 Constitution by creating a legal structure for the formation, funding, regulation and operation of state police services while retaining the Nigeria Police Force as the country’s national policing institution.

The proposal comes amid renewed calls for decentralised policing following a rise in security challenges across different parts of the country.

A major provision of the bill empowers the national assembly to determine the structure, administration, organisation and powers of the federal police while also setting minimum requirements for the establishment of state police services.

Under the framework, no state police organisation can commence operations unless a State House of Assembly enacts a law establishing it and the proposed service satisfies nationally prescribed standards.

This arrangement is intended to ensure that states adhere to uniform benchmarks before exercising policing powers.

The bill further provides that the federal police will continue to operate alongside state police, maintaining responsibility for federal policing duties and supporting state authorities when necessary.

Public security functions at the national level will therefore remain within the jurisdiction of the federal police as provided by law.

Rather than replacing the existing structure, the proposal introduces a dual policing model in which federal and state police institutions operate concurrently.

Another provision restricts federal involvement in the affairs of state police services except under specified circumstances.

Federal intervention may only occur where there is a complete breakdown of law and order, upon the request of a governor, or when a state police service becomes ineffective due to financial or administrative challenges.

Such intervention must receive prior approval from the National Police Council before implementation.

The bill also grants governors authority to appoint commissioners of police for their respective states based on the advice of the National Police Council and subject to confirmation by the State House of Assembly.

Governors may issue directives concerning public safety and order, although commissioners who consider such instructions unlawful or inconsistent with policing standards may refer the matter to the National Police Council for a final determination.

The provision is designed to balance executive oversight with institutional safeguards against potential misuse of authority.

At the federal level, the President will continue to appoint the Inspector-General of Police on the recommendation of the National Police Council and with confirmation by the National Assembly.

The Inspector-General will remain responsible for leading the federal police and overseeing federal contingents deployed across the federation.

The amendment introduces protections against arbitrary removal of senior police officers at both federal and state levels.

Under the proposal, an Inspector-General of Police may only be removed for reasons including grave misconduct, violation of regulations, fraud-related convictions, bankruptcy or mental incapacity, subject to recommendations from the National Police Council and approval by a two-thirds majority of the National Assembly.

Similarly, a state commissioner of police may only be removed upon the recommendation of the National Police Council and the approval of two-thirds of the relevant State House of Assembly.

The bill also provides for federal grants and financial assistance to state police services based on recommendations from the National Police Council and approval by the National Assembly.

This mechanism is intended to support states that may encounter difficulties in funding policing operations without compromising their autonomy.

State Houses of Assembly are empowered to enact laws governing the organisation, oversight and financing of state police services provided such laws do not fall below standards established by the National Assembly.

States, however, may adopt higher standards where considered necessary.

The proposal expressly prohibits federal authorities from exercising routine powers of command, deployment, appointment, transfer, suspension or disciplinary control over state police personnel.

Exceptions to this restriction are limited to circumstances specifically provided for under constitutional provisions relating to federal intervention.

The bill further expands the composition of the National Police Council, which will replace the existing Nigeria Police Council.

Membership of the council will include representatives of the federal police, state attorneys-general, retired senior police officers, the National Human Rights Commission, the Public Complaints Commission, the Nigerian Labour Congress, the Nigerian Bar Association, the Nigerian Union of Journalists and traditional rulers.

The council will supervise both federal and state police services within constitutional limits.

In addition, the amendment establishes State Police Service Commissions comprising representatives of key institutions, including the NHRC, Public Complaints Commission, NLC, NBA, NUJ, traditional rulers and retired police officers.

The commissions will recommend candidates for appointment as commissioners of police and exercise disciplinary authority over officers below the rank of assistant commissioner.

The proposed framework also permits state police services to utilise light arms for policing duties and access fingerprints, biometric records, forensic databases and criminal information systems in accordance with federal laws.

The provision is aimed at enabling modern policing operations while maintaining nationwide coordination in intelligence gathering and records management.

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