The full details of the proposed constitutional amendments aimed at creating both the State Police and the Federal Police in Nigeria have been released. The Nigerian Senate has indicated that the bill establishing state police will be passed this week once plenary resumes.
Key Provisions for State Police
According to the proposed amendments, State Police cannot begin operational policing until it is established by a law passed by the State House of Assembly. State legislatures may enact laws governing the establishment, organization, administration, funding, and oversight of their police forces, provided they comply with the Constitution and valid National Assembly acts.
State governments are permitted to set higher standards than the national minimums but cannot lower them. Until a State Police becomes operational, the Federal Police will continue to handle all policing functions in that state.
Federal Police Role and Non-Interference
The Federal Police will manage federal policing responsibilities and may assist the State Police when needed. A key safeguard against federal overreach is included: the Federal Police shall not interfere with State Police operations or a state's internal security affairs except in limited cases, such as a complete breakdown of law and order where the State Police cannot respond, upon the governor's request, or when the State Police is unable to function due to administrative or financial issues. Any intervention requires prior approval from the National Police Council.
Leadership and Command Structure
Each State Police will be headed by a Commissioner of Police (CP), appointed by the governor on the advice of the National Police Council from serving members of the State Police, subject to confirmation by the State House of Assembly. The governor or an authorized commissioner may give lawful directions on public safety and order, which the CP must comply with.
Removal of Top Officers
The State Commissioner of Police can only be removed by the governor on the recommendation of the National Police Council for specific grounds, requiring a two-thirds majority approval from the State House of Assembly.
Funding Support
The Federal Government will provide grants or aid to State Police on the recommendation of the National Police Council, subject to approval by the National Assembly.
President Bola Ahmed Tinubu has reaffirmed the commitment to establishing state police to tackle insecurity without delays. The Presidency noted that progress has been made, with consultations advancing toward constitutional amendment and discussions moving to the legal framework stage.
