ARISE News Town Hall Meeting: Developing a Roadmap for Successful State Policing

Nigeria is on the cusp of a significant transformation in its security architecture with the National Assembly's passage of a constitutional amendment bill to establish state police. This landmark legislative action, which seeks to move policing from the Exclusive to the Concurrent Legislative List, paves the way for a dual policing system comprising a Federal Police Service and State Police Services. The move is a direct response to escalating insecurity and a long-standing debate on true federalism. While widely supported, the successful implementation of state policing hinges on addressing critical concerns such as funding, accountability, human rights safeguards, and potential political abuse, necessitating robust legal frameworks and comprehensive institutional reforms beyond mere constitutional alteration.

Nigeria stands at a pivotal moment in its security and governance landscape, as the National Assembly has passed a constitutional amendment bill aimed at establishing state police. This development, highlighted by recent discussions at the ARISE News Town Hall Meeting, signifies a profound shift from the country's decades-old centralized policing model to a decentralized structure. The widespread anticipation of its passage by State Houses of Assembly underscores a national consensus that the current security challenges demand a localized approach to law enforcement.

This legislative momentum is driven by persistent and evolving security threats across the federation, including terrorism, banditry, kidnapping, and communal violence, which have exposed the limitations of a single, centrally controlled police force. The establishment of state police is envisioned as a critical step towards improving intelligence gathering, response times, and community engagement, thereby enhancing overall public safety. However, this transformative reform also presents complex legal and operational challenges that require careful consideration and a well-defined roadmap for successful implementation.

This article will delve into the legal framework underpinning this proposed change, analyze the potential benefits and inherent challenges, and discuss the critical elements necessary for developing a successful state policing model in Nigeria. It will examine the constitutional alterations, the interplay with existing legislation, and the practitioner implications of this significant restructuring of Nigeria's security apparatus.

Historically, policing in Nigeria has been a federal responsibility, exclusively managed by the Nigeria Police Force (NPF) as enshrined in Section 214(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). This section explicitly prohibits the establishment of any other police force for the Federation or any part thereof. The NPF's organization and administration are prescribed by an Act of the National Assembly, with the Police Act, 2020, being the current governing statute.

The Police Act, 2020, repealed its 2004 predecessor and aimed to provide for a more effective and well-organized police force, emphasizing accountability, transparency, and community partnership. Despite these reforms, the centralized structure has been widely criticized for its perceived inefficiency in addressing localized security concerns across Nigeria's vast and diverse landscape. Calls for state policing have intensified over the past decade, with proponents arguing that it aligns with the principles of true federalism and would enable state governments, often referred to as chief security officers, to effectively enforce laws and protect their citizens.

The current legislative effort, spearheaded by President Bola Tinubu's administration, seeks to alter the Constitution to move policing from the Exclusive Legislative List to the Concurrent Legislative List. This constitutional amendment process requires passage by a two-thirds majority in both chambers of the National Assembly, followed by approval from at least two-thirds (24) of the 36 State Houses of Assembly, and finally, presidential assent. Both the House of Representatives and the Senate have now passed the Constitution Alteration (State Police) Bill, 2026, marking a critical step towards decentralizing Nigeria's policing structure.

The proposed constitutional amendment bill fundamentally restructures Nigeria's policing landscape by introducing a dual policing model: a Federal Police Service and State Police Services. Under this new framework, the Federal Police Service will retain exclusive jurisdiction over national security, terrorism, cybercrime, inter-state crimes, arms trafficking, international crime syndicates, and the policing of the Federal Capital Territory and federal institutions. Conversely, State Police Services will be empowered to manage domestic public safety within their respective states, although they will be barred from cross-border law enforcement unless specifically authorized by an Act of the National Assembly.

This legislative shift necessitates significant statutory interpretation and the enactment of new laws. While the constitutional amendment provides the framework, President Tinubu has already inaugurated a Presidential Working Group to draft a comprehensive National Policing Bill. This bill is crucial for operationalizing state policing, as it will address vital aspects such as minimum policing standards, state readiness certification, federal-state coordination mechanisms, accountability frameworks, human rights safeguards, and fiscal conditions. The existing Police Act, 2020, which currently governs the unified NPF, will require substantial amendments to align with the new dual structure and define the powers, command structure, and relationship between federal and state police.

However, the transition to state policing is fraught with potential gaps and contradictions. A primary concern revolves around funding, as many states struggle with existing financial obligations, raising doubts about their capacity to adequately fund, equip, and train state police forces. Disparities in state revenue-generating capacities could lead to uneven policing quality across the federation. Another significant challenge is the potential for political abuse, where state governors might weaponize local police formations against political opponents or ethnic minorities. To mitigate this, the proposed legislation includes safeguards, such as provisions preventing state police commissioners from unlawfully targeting individuals or groups for criticizing the government, and allowing for review of directives by the National Police Council.

Comparative analysis with other federal systems, such as the United States, Canada, and Australia, reveals that decentralized policing can be effective when supported by robust institutional frameworks, clear jurisdictional boundaries, and strong oversight mechanisms. Nigeria's roadmap must incorporate lessons from these models, focusing on inter-agency cooperation, standardized training, and independent oversight bodies to ensure accountability and prevent jurisdictional clashes. The need for judicial reforms to handle increased arrests and prosecutions, and to strengthen local government autonomy for effective community policing, has also been emphasized by stakeholders.

The passage of the state police bill by the National Assembly marks a watershed moment in Nigeria's quest for enhanced security and true federalism. For legal practitioners, this development heralds a new era of legal complexity and opportunity. Lawyers will need to navigate evolving jurisdictional boundaries between federal and state law enforcement, understand the nuances of new state-specific policing laws, and prepare for potential legal challenges arising from police misconduct, human rights violations, and inter-agency disputes within the dual policing framework.

Looking ahead, the success of state policing will depend not merely on constitutional alteration but on the meticulous crafting of the National Policing Bill and subsequent state legislation, ensuring adequate funding, robust accountability mechanisms, and strict adherence to human rights principles. Practitioners should closely monitor the legislative process in the State Houses of Assembly, the drafting of the National Policing Bill, and the establishment of oversight bodies. The call to action for the legal community is to engage proactively in shaping these frameworks, advocating for clear guidelines, and ensuring that the new policing structure serves to protect all citizens effectively and equitably, without becoming an instrument of political oppression.