For years on end, there have been strident calls for a revamping of the Nigerian policing system. However, what shape, form and structure this wholesome reconfiguration of the nation’s floundering, weak and inefficient policing system should take is one thing the proponents of this much-needed change cannot agree on.
While some favour far-reaching and effective structural and operational shift and behavioural change in the mentality and thinking of officers but still want the control of the police solely in the hand of the federal government, others, who are advocate not just agitating for tiered policing structure but also political and socioeconomic restructuring of the country, want a decoupling and decentralisation of the policing system where subnationals, particularly states, have more than just symbolic and perfunctory say in security matters in their domain but have greater control over security architecture, especially the police, which makes it easy for them take firm and decisive decisions on matters of insecurity. And as it stands, it appears the set of people is the one that will have the final say on the matter of Nigeria’s policing system restructuring.
Since coming to power, President Bola Tinubu has made the creation of state police one of the main objectives of his government. The National Assembly on Thursday took a major step towards the actualisation of that goal as both the Senate and House of Representatives showed readiness to amend the 1999 Constitution to pave the way for the decentralisation of policing in the country
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 concern raised, 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.
The bill also scaled second reading in the Senate after which it was referred by the Senate President, Godswill Akpabio, to the Senate Ad-hoc Committee on the Review of the 1999 Constitution for further legislative scrutiny.
Senate Leader, Opeyemi Bamidele, while leading the debate, underscored the importance of the establishment of state police, noting that reform of the policing system would undoubtedly strengthen Nigeria’s internal security apparatus amid growing concerns over the capacity of the Nigeria Police Force to effectively tackle emerging threats.
“The establishment of state police will improve intelligence gathering: Local police officers are better equipped to obtain actionable intelligence from communities because they understand local languages, customs and social structures
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.
What key provisions entail
It also states that the Federal Police will continue to exercise policing powers in any state until its police service becomes fully operational.
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.
Federal and State police
Reps changed PSC to Federal Police Service Commission
One of the key highlights of the bill is the amendment of Section 84 in sub-section 4 of the Constitution, replacing the Police Service Commission with the Federal Police Service Commission. Similarly, the Nigerian Police Council also becomes the National Police Council.
In the same vein, the words “Nigeria Police Force” are substituted for “Federal Police and State Police.”
Clause 12 of the bill amended Section 214 by providing a new Section 214 to establish the federal police and state police.
214 (2) of the amended bill reads, “The National Assembly shall by an Act prescribe for the structure, organisation, administration and powers of the Federal Police and provide the framework and guidelines for the establishment of State Police.”
(3) “No State Police shall commence operational policing unless it has been established by a Law of the House of Assembly of the State and certified as meeting national minimum standards in the manner prescribed by an Act of the National Assembly.”
The amended bill also provides that “Unless and until a State Police commence operational policing under subsection (3) of this section, the Federal Police shall continue to perform policing functions in that State; and after such commencement, the Federal Police shall continue to perform federal policing functions and may provide assistance to the State Police in accordance with law.”
Specifically, the proposed law provides that the Federal Police shall “Be responsible for the maintenance of public security, preservation of public order and security of persons and property throughout the Federation to the extent provided for under this Constitution or by an Act of the National Assembly; and be responsible for the maintenance of public security, preservation of public order and security of persons and property within a State to the extent that the State has power to make laws under this Constitution.”
Sub-Section 6 of the bill leaves certain operational duties to the State Police.
It reads, “Subject to the provisions of this Constitution, the Federal Police shall not interfere with the operations of any State Police of the internal security affairs of a State except to contain serious threats to public order where it is shown that there is a complete breakdown of law and order within a State and the State Police is unable to contain the threat,” or “Where the Governor of a State requests the intervention of the Federal Police to prevent or contain a breakdown of law and order in the State.”
The Federal Police may also intervene “Where a State Police is unable to function owing to administrative, financial or other problems which render it inoperative at the time.”
The Federal Capital Territory
The bill places the FCT within the territorial jurisdiction of the Federal Police, as it provides that “The Federal Police shall establish and maintain such commands, formations, departments and operational units within the Federal Capital Territory as may be necessary for the effective discharge of its functions.
Inspector General of Police V Commissioner of Police of a State
Clause 13 of the proposed bill amended Section 215 with a new Section to read, “The Federal Police shall be headed by an Inspector-General of Police who shall be appointed by the President on the advice of the National Police Council from among serving members of the Federal Police, subject to confirmation by the National Assembly.
“The Federal Police shall be under the command of the Inspector-General of Police, including contingents of the Federal Police stationed in a State.
“The President or such other Minister of the Government of the Federation as he may authorise in that behalf may give to the Inspector-General of Police such lawful directions with respect to the maintenance and securing of public safety and public order as he may consider necessary, and the Inspector-General of Police shall comply with those directions or cause them to be complied with.”
On the other hand, “A State Police shall be headed by a Commissioner of Police who shall be appointed by the Governor of the State on the advice of the National Police Council from among serving members of the State Police, subject to confirmation by the State House of Assembly.
“The Governor or such other Commissioner of the Government of the State as he may authorise in that behalf may give to the Commissioner of Police such lawful directions with respect to the maintenance and securing of public safety and order as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with.
“Provided that where the Commissioner of Police feels that the direction given under this subsection is unlawful or contradicts general policing standards or practice, he may request that the matter be referred to the National Police Council for review and the decision of the National Police Council shall be final.”
Removal of IGP, State Police Commissioner
A new Section 216 proposes that “An Inspector General of Police shall be removed by the President upon the recommendation of the National Police Council praying that he be so removed on any of the following grounds -grave misconduct in the discharge of his official duties; breach of Police Act, Regulation, Code and Code of Conduct; conviction of any offence involving fraud or dishonesty by a court of law or tribunal; bankruptcy; or mental incapacity.”
Such a removal, according to the proposed law, shall be subject to approval by a resolution of a two-thirds majority of the National Assembly.
A Commissioner of Police of a State, on the other hand, “Shall only be removed by the Governor upon the recommendation of the National Police Council praying that he be so removed on any of the following grounds: grave misconduct in the performance of his official duties; breach of policing standards, law, regulation, code and code of conduct.”









