Nigeria on Wednesday moved closer than ever to establishing a state police force after the Senate passed the controversial Constitution Alteration Bill seeking to decentralise policing, shifting the battle for the landmark reform to the 36 state Houses of Assembly where at least 24 legislatures must endorse the proposal before it can become law.

The passage of the bill by the Senate marks a major breakthrough in a debate that has dominated Nigeria’s security discourse for decades and comes amid worsening insecurity across several parts of the country, including terrorism, banditry, kidnapping, communal violence and organised criminal activities.

The legislation, which seeks to establish state-controlled police services alongside the existing Nigeria Police Force, was approved after senators secured the constitutionally required two-thirds majority through a manual voting process adopted following technical glitches that affected the chamber’s electronic voting devices.

With both chambers of the National Assembly now backing the proposal, attention has shifted to state assemblies, whose approval will determine whether Nigeria finally abandons its long-standing exclusive federal policing structure.

The proposed amendment is widely regarded as one of the most consequential constitutional reforms undertaken since the return to democratic rule in 1999.

At the centre of the reform is a provision empowering governors to appoint Commissioners of Police for their respective states, subject to confirmation by state Houses of Assembly.

Under Clause 17 of the proposed constitutional amendment, “while the Federal Police Service will continue to be headed by the Inspector-General of Police, each State Police Service shall be headed by a Commissioner of Police appointed by the governor and confirmed by the legislature of the state.”

The development effectively creates a dual policing structure in which state police formations would operate concurrently with federal police authorities.

The Senate approved the bill after considering the report of the Senate Committee on the Review of the Constitution presented by Deputy Senate President and committee chairman, Barau Jibrin.

The bill’s provisions were first considered at the Committee of the Whole before lawmakers adopted them and proceeded to a final vote.

Leading debate on the legislation, Senate Leader, Senator Opeyemi Bamidele, described the proposal as a carefully designed framework aimed at balancing local policing autonomy with national cohesion.

“The bill is intended to retain the Nigeria Police Force for federal policing duties while providing for the establishment of state police services in states that choose to adopt them,” he stated.

Bamidele explained that the proposed structure clearly delineates the responsibilities of the federal and state police services.

According to him, state police would be responsible for enforcing state laws, maintaining public safety and public order, preventing and detecting crimes within their jurisdictions, protecting lives and property and carrying out other local policing duties.

On the responsibilities of the federal police, Bamidele noted that the federal police would be in charge of protecting federal institutions, counter-terrorism, organised crime, cybercrime, border security, arms trafficking, interstate criminal activities and other national security matters.

The Senate Leader also clarified the conditions under which federal police authorities could intervene in security situations within states.

He explained that intervention would only occur where there “is outright breakdown of public order at a specific subnational entity; when state police are incapable of functioning; when there is serious violation of fundamental rights; when there is an established record of electoral intimidation and when national security is under threat.”

According to him, such intervention would require written authorisation from the President and Commander-in-Chief and would remain subject to Senate oversight and judicial review.

Safeguards

The delineation of powers was one of several safeguards introduced by lawmakers to address long-standing concerns that governors could abuse state police formations for political purposes.

Indeed, fears that state police could become instruments of intimidation against opposition figures, critics and civil society groups have historically been one of the strongest arguments against decentralised policing.

To address such concerns, senators inserted explicit anti-abuse provisions into the constitutional amendment.

One of the key safeguards adopted by the Senate provides that “a state Commissioner of Police shall not arrest, detain, investigate or deploy force against any person, political party or group merely for criticising the government except in accordance with the law.”

The provision is expected to serve as a constitutional shield against politically motivated arrests and abuse of power.

In addition, lawmakers proposed that the National Assembly should retain powers to prescribe minimum national standards relating to recruitment, training, vetting, promotion, discipline, use of force, firearms, complaints procedures, accountability mechanisms, data management and professional conduct for state police services.

Bamidele said the proposed framework generally seeks “to balance local policing autonomy with national cohesion, accountability with operational effectiveness and federal oversight with state responsibility.

“The bill provides robust safeguards against abuse, preserves federal authority where necessary, protects constitutional rights and creates a modern policing framework capable of addressing contemporary security challenges.”

The state police proposal has remained one of the most contentious constitutional issues since the advent of the Fourth Republic.

Successive administrations, constitutional conferences, security experts and governors have repeatedly canvassed the idea, arguing that Nigeria’s highly centralised policing arrangement has become increasingly inadequate for a federation of more than 200 million people.

Supporters argue that officers recruited locally would possess a better understanding of their environment, language, culture and security dynamics, thereby improving intelligence gathering and crime prevention.

They also contend that state governments, which already spend billions of naira supporting federal security agencies, should have greater control over policing within their territories.

Critics, however, warn that powerful governors could deploy state police to settle political scores, intimidate opponents and influence elections.

These fears have often stalled previous attempts to amend the Constitution.

Wednesday’s Senate approval therefore represents a major political milestone.

The significance of the exercise was evident in the unusual voting process adopted by lawmakers.

The Senate was initially expected to deploy electronic voting for the constitutional amendment exercise.

However, technical glitches affecting some voting devices forced lawmakers to abandon the plan and resort to manual voting.

Moving a motion on the floor, Bamidele argued that every senator must be given an opportunity to participate in the historic vote.

He said, “Rather than go by way of electronic voting, which obviously now will disenfranchise a few or some of our colleagues whose machines are not working, I am moving that we allow every distinguished senator to answer his or her father’s name by doing manual voting.”

Senate President Godswill Akpabio endorsed the proposal.

“For transparency, and the need for the constituents to know where you stand on every issue, it is good for us to go into manual voting,” Akpabio said.

Following the adoption of the motion, senators were called individually to publicly declare their positions during the clause-by-clause consideration of the constitutional amendment bills.

To facilitate the process, the Senate suspended the relevant provisions of its Standing Rules through a voice vote.

The exercise attracted top government officials and governors who observed proceedings from the gallery.

Among those present were Kaduna State Governor, Senator Uba Sani; Ogun State Governor, Dapo Abiodun; Ondo State Governor, Lucky Aiyedatiwa; and the Chief of Staff to the President, Femi Gbajabiamila.

Their presence underscored the enormous political and security implications of the proposed reform.

Ex-cop backs bill

Outside the National Assembly, support for the bill also came from retired Assistant Inspector-General of Police, Aare Tunji Alapinni, who described state police as an opportunity to strengthen grassroots security and revive community policing.

Speaking during an interview on Frontline, a current affairs programme on Eagle 102.5 FM, Ilese-Ijebu, Ogun State, Alapinni urged Nigerians to embrace the initiative.

“I’m not saying it has failed. It has not failed. But people are clamoring to see that things could be better. There’s always room for improvement in anything. So, if there’s room for improvement, there’s room for state police. That’s the way I look at it,” he said.

According to him, Nigeria’s security challenges require fresh approaches.

“The security situation, in the country calls for doing same thing in a different manner and I think the introduction and the clamour for state police is a welcome development, nothing ventured, nothing gained. If we explore it and see how it works, no matter what, we stand to benefit from it. Forget about the pros and the cons. We have lived over the years with entry policing,” he said.

Alapinni dismissed concerns that issues relating to funding and training could halt the reform.

“The issue of funding and lack of training or retraining has been part of the malaise that has been affecting the constitutional responsibility of policing in the country.

“Whether funding or no funding, we have to look at it from the angle of what can we do to make police solid. And I think the present inspector-general of police is trying to do his best by giving directives and that’s okay,” he stated.

The retired police chief argued that one of the greatest benefits of state policing would be the revival of community intelligence networks.

“Twenty years ago, if a stranger comes into town, people walking around would notice that this man is a stranger and the community will watch him. That’s part of the things we have lost. Those are the things we want to gain with community policing,” he said.

Amotekun

Similarly, the Western Nigeria Security Network, popularly known as Amotekun, has disclosed that the South West is well positioned for a seamless transition to state policing.

While declaring full operational readiness for the much-anticipated security reform, the chairman of Amotekun commanders in the region, Adetunji Adeleye, stressed that the decentralisation of Nigeria’s security architecture remains the most viable solution to the country’s insecurity challenges.

Established in 2020 by the six South-West governors, Amotekun has operated as a regional security initiative designed to complement the efforts of the Nigeria Police Force in tackling crimes such as kidnapping, banditry, and armed robbery, among others.

Adetunji, who is the commander of the corps in Ondo State, cited the success of the Amotekun initiative as evidence that community-based security frameworks are more effective in identifying and apprehending criminals at community and state levels.

He said, “On the issue of state policing in the last couple of years, the position of the Council of Amotekun Commanders of the South West has always been that state policing remains the only viable solution to the present insecurity in the country because it’s easier, especially by adopting the Amotekun initiative, to identify criminals.

“That is why you find out that this year alone we have arrested and prosecuted well over 500 suspected criminals, and in so many of those cases we’ve been vindicated. Some of them are serving their various jail terms.

“So, I think it is a giant stride in the right direction, adopting state policing as a way of decentralising the security architecture of the country.”

“As per our readiness, as far as the southwest is concerned, we are ready to adjust and conform to whatever is put in place to ensure the smooth takeoff of state policing.”

Also, a former Speaker of the Ondo State House of Assembly, Jumoke Akindele, success of Amotekun in Ondo State is enough justification for state police to kick off in Nigeria.

She said, “As for the quest to have the requirement of state police entrenched in our Constitution, suffice it to say that methinks that the success of the Amotekun Corps of Ondo State is the strongest case for state police in Nigeria.”

Houses of Assembly

For all the excitement surrounding the Senate vote, the legislation still faces perhaps its toughest test.

Under the Constitution, no amendment can take effect without approval by at least two-thirds of the country’s state legislatures.

This means no fewer than 24 Houses of Assembly must endorse the state police proposal before it can be transmitted to President Bola Tinubu for assent.

The next phase is therefore expected to trigger intense consultations among governors, lawmakers, security stakeholders and political actors across the federation.

Should the proposal secure the required endorsements, Nigeria would be on the verge of implementing one of the most transformative security reforms in its history.

For supporters, state police represent a long-awaited solution to a growing national security crisis.

For critics, the challenge remains ensuring that constitutional safeguards are strong enough to prevent abuse.

Either way, the debate has now left the National Assembly and moved to state capitals, where 24 assemblies hold the key to the future of state policing in Nigeria.

Also, the Director-General of the Development Agenda for Western Nigeria Commission, Seye Oyeleye, has described the passage of the state police bill by the National Assembly as a major step towards tackling Nigeria’s security challenges, saying it is not a “silver bullet” but would significantly improve policing across the country.

Oyeleye, who welcomed the development, said decentralising policing would strengthen security architecture by bringing law enforcement closer to local communities.

Speaking with The PUNCH on Wednesday, Oyeleye said, “State police is not the silver bullet to our security challenges. There is no silver bullet for now, but it will go a long way,” he said.

According to him, Nigeria’s current centralised policing system is no longer adequate for a country of over 230 million people with diverse security concerns.

“We are a country of 230 million people with different ethnic groups. One-size-fits-all policing is no longer adequate,” he said.

He argued that many communities remain vulnerable because of the absence of nearby security personnel, noting that in some areas, the nearest police presence is several hours away.

“Some of these places where bandits invade to kill people do so because they know there is no security presence. In some communities, the nearest police station is three hours away. When states have their own police forces, they will know the critical areas and where to deploy officers, and people will feel more secure,” he added.

The DAWN Commission boss said state police would also increase the country’s policing capacity, estimating that if each of the 36 states recruited an average of 5,000 officers, Nigeria would gain about 180,000 additional policemen.

He maintained that the bill marked a significant milestone in Nigeria’s journey towards true federalism.

“Today is a momentous day and an epochal day for Nigeria. For those who have been clamouring for true federalism over the years, this is a great day,” he said.

Oyeleye noted that while governors are constitutionally recognised as chief security officers of their states, they have little operational control over policing because commissioners of police take directives from Abuja.

“We keep calling governors the chief security officers of their states, but that is only on paper. The state commissioner of police still takes orders directly from Abuja, even though state governments provide vehicles, equipment and other logistics for the police,” he said.

He commended President Bola Tinubu for supporting the establishment of state police despite years of opposition by previous administrations.

“One has to congratulate President Bola Tinubu for being bold enough to go down this route. The reality of Today is totally different from what it was in the 1970s and 1980s when we could get away with a single police force,” he said.

On concerns that governors could abuse state police, Oyeleye said appropriate safeguards could be built into the system and strengthened through future amendments where necessary.

“There have to be safeguards, and if we discover areas that require improvement, they can always be amended. In this age of technology and modern communication, the chances of governors misusing state police are quite remote,” he said.

He cited the operations of the South-West Security Network, Amotekun, saying no governor in the region had been accused of abusing the outfit since its establishment about six years ago.

Asked whether Amotekun should be merged with the proposed state police structure, Oyeleye declined to express a personal opinion, saying the decision rests with the South-West governors.

“I would not like to pre-empt my principals, so I will leave that to the state governors,” he said. (PUNCH)

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