#AriseNewsTownhall: Soludo Seeks Judiciary Reforms for State Police to work

Anambra State Governor, Chukwuma Soludo, has underscored the critical need for comprehensive judicial reforms to ensure the sustainable and effective operation of state police in Nigeria. Speaking at an Arise News Townhall, Soludo argued that the ongoing national conversation on state policing must extend to restructuring the judiciary, including establishing state appeal and supreme courts. He highlighted that without a reformed judicial system capable of expeditiously handling state-level matters, the benefits of decentralised policing, aimed at addressing Nigeria’s escalating insecurity, would be severely undermined. This call emphasizes the interconnectedness of security sector reform and the broader justice system, advocating for a holistic approach to strengthening Nigeria's federal structure.

Nigeria is currently at a pivotal juncture in its quest for enhanced security, with a robust national debate and legislative action underway to introduce state police. This move, largely driven by the persistent and escalating insecurity across the nation, seeks to decentralise policing from its current federal structure. While the National Assembly has advanced a constitutional alteration bill to enable the establishment of state police, a crucial dimension often overlooked in the discourse has been brought to the fore by Governor Chukwuma Soludo of Anambra State: the indispensable role of a reformed judiciary.

Governor Soludo, speaking at an Arise News Townhall, posited that the sustainability and efficacy of state police are inextricably linked to a corresponding overhaul of the judicial system. He expressed surprise that advocates for state policing had not sufficiently considered the necessary judicial reforms, particularly the establishment of state appeal and supreme courts. This article delves into Soludo's argument, examining the existing legal framework, the challenges facing both the police and the judiciary in Nigeria, and the implications of adopting a holistic reform agenda for the nation's security and justice architecture.

The current policing structure in Nigeria is enshrined in Section 214(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which establishes the Nigeria Police Force (NPF) as the sole police force for the entire federation, explicitly prohibiting the establishment of any other police force by states or regions. This centralised model, inherited from the colonial era, has been widely criticised for its inability to effectively address diverse local security challenges across a country of over 200 million people.

Calls for state police have intensified over the years, spurred by rising incidents of banditry, kidnapping, terrorism, and communal conflicts, which have stretched the NPF beyond its capacity. Proponents argue that decentralised policing would bring law enforcement closer to communities, improve intelligence gathering, enhance local accountability, and facilitate faster response times. In response, the National Assembly has advanced a constitutional alteration bill (Bill No. 7) to create a dual policing structure, allowing for both federal and state police, with provisions for State Police Service Commissions to manage recruitment and discipline.

However, the Nigerian judiciary, which would be the ultimate arbiter of disputes arising from the operations of state police, faces its own systemic challenges. These include chronic delays in justice delivery, with cases often dragging on for years or even decades, inadequate funding, dilapidated infrastructure, concerns about corruption, and instances of political interference. These issues collectively undermine public confidence in the justice system and impede the rule of law, making Governor Soludo's call for concurrent judicial reform particularly pertinent.

Governor Soludo's advocacy for judicial reforms as a prerequisite for effective state policing highlights a critical oversight in the current reform discourse. He argues that merely establishing state police without a corresponding restructuring of the judiciary would render the decentralisation efforts unsustainable. The existing judicial hierarchy, where all state-level appeals ultimately lead to federal appellate courts and the Supreme Court, creates significant bottlenecks. Soludo specifically pointed out that issues like land disputes in Anambra State, which are purely state matters, can take decades to resolve due to the lengthy federal appeal process. This scenario underscores the need for state appeal courts and state supreme courts to handle cases arising from the states, thereby expediting justice delivery for local matters.

The legal implications of introducing state police without robust judicial oversight are profound. Without an efficient and independent state-level judiciary, there is a heightened risk of abuse of power by state governors, a concern frequently raised by critics of state policing. A reformed judiciary, equipped with adequate funding, modern infrastructure, and transparent processes, would be crucial for ensuring accountability, protecting human rights, and fairly adjudicating cases involving state police. The Police Act 2020, which repealed the Police Act 2004, already aims to enhance accountability and transparency within the NPF and protect human rights, but its full impact is contingent on effective implementation and judicial enforcement.

Furthermore, the proposed constitutional amendments for state police, while introducing safeguards such as the involvement of the National Police Council and legislative confirmation for appointments, may not be sufficient without a parallel strengthening of judicial capacity at the state level. The current challenges of the Nigerian judiciary, including delays, corruption, and political interference, could easily compromise the intended checks and balances for state police. Therefore, a holistic approach would necessitate constitutional alterations not only for policing but also for the judicial structure, potentially devolving more appellate jurisdiction to state judiciaries for matters within their legislative competence. This would align with the principles of true federalism, which Soludo advocates, by ensuring that powers are devolved with corresponding institutional support and financial autonomy.

Governor Soludo's call for integrated judicial reforms alongside the establishment of state police is a timely and essential intervention in Nigeria's ongoing security and governance reform efforts. It highlights that the efficacy of a decentralised policing system is fundamentally dependent on a robust, independent, and efficient judicial framework at the state level. Without state appeal and supreme courts, the envisioned benefits of state police—such as improved local response and accountability—risk being negated by a slow and overburdened federal judicial system.

For legal practitioners, this signals a future landscape where the decentralisation of policing will likely usher in new legal challenges and opportunities. Lawyers will need to be conversant with evolving state-specific police laws and regulations, as well as the reformed judicial processes at the state level. The imperative for a comprehensive constitutional review that addresses not only policing but also judicial restructuring and revenue allocation is clear. Practitioners should closely monitor legislative developments concerning both state police and judicial reforms, as these changes will profoundly impact the administration of justice and the rule of law in Nigeria. The success of state policing hinges on a justice system that can hold it accountable, ensuring that the pursuit of security does not compromise fundamental rights or due process.