Briefly

#AriseNewsTownhall: State Police Will Go a Long Way in Solving Insecurity, Says Gov Lawal

Legal NewsNigeria·This Day Nigeria·Briefly Analysis

Abstract

Zamfara State Governor, Dauda Lawal, has posited that the establishment of state police is a crucial step towards addressing Nigeria's pervasive insecurity. This assertion comes amidst a long-standing national debate and recent legislative efforts to decentralise the country's policing structure, which is currently exclusively federal under the 1999 Constitution. The proposed constitutional amendment, recently passed by both chambers of the National Assembly, seeks to introduce a dual policing system, allowing states to establish their own police services alongside a federal force. While proponents argue this will enhance local responsiveness and accountability, concerns persist regarding potential political abuse and funding challenges, necessitating robust legal and oversight mechanisms for effective implementation.

Introduction

Governor Dauda Lawal of Zamfara State recently articulated a widely held sentiment among many Nigerian leaders and citizens: that the establishment of state police would significantly contribute to resolving the nation's escalating insecurity crisis. This statement, made during an #AriseNewsTownhall, underscores the urgent need for a re-evaluation of Nigeria's security architecture in the face of persistent challenges such as banditry, kidnapping, and insurgency. The current centralised policing system has long been criticised for its inability to effectively address localised security threats, prompting renewed calls for a more decentralised approach.

The discourse around state police is not merely a policy debate but a fundamental legal and constitutional question with profound implications for Nigeria's federal structure. While the 1999 Constitution (as amended) currently vests exclusive control of policing in the federal government, the growing clamour for state-controlled forces reflects a national consensus that the existing framework is inadequate. This article will delve into the legal and practical dimensions of establishing state police in Nigeria, examining the constitutional hurdles, the arguments for and against decentralisation, and the recent legislative moves aimed at transforming the country's security landscape.

Background

The legal framework for policing in Nigeria is primarily enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Section 214(1) unequivocally establishes a single Nigeria Police Force (NPF) for the entire Federation and expressly prohibits the establishment of any other police force by a state or any part thereof. This constitutional provision has historically served as the bedrock of Nigeria's centralised policing system, where the NPF operates under the command of the Inspector-General of Police, an appointee of the President.

Despite this centralisation, the Nigeria Police Act 2020, which repealed the Police Act 2004, introduced reforms aimed at enhancing accountability, transparency, and community partnership within the existing federal structure. The Act provides for the establishment of Community Policing Committees (CPCs) at state and divisional levels, intended to foster collaboration between the police and local communities in crime prevention and resolution. However, the effectiveness of these provisions has been limited, with many states struggling to activate CPCs and the NPF remaining largely overstretched and disconnected from local realities.

The historical evolution of policing in Nigeria, from colonial constabularies to a unified national force, has largely maintained a centralised command structure. This over-centralisation has been identified as a significant factor contributing to the NPF's challenges, including limited capacity, corruption, political manipulation, and a lack of citizen trust. The current security crises, ranging from terrorism and banditry to kidnapping and communal clashes, have further exposed the limitations of a 'one-size-fits-all' federal policing model for a diverse nation of over 200 million people.

Analysis

The call for state police is rooted in the argument that a decentralised system would bring law enforcement closer to the communities it serves, thereby improving intelligence gathering, response times, and overall effectiveness in tackling local security challenges. Proponents contend that officers recruited and trained locally would possess a deeper understanding of their communities' specific issues and needs, fostering greater trust and cooperation. Furthermore, state police are seen as a crucial step towards true federalism, allowing states to exercise greater autonomy over security matters within their jurisdictions, a principle often observed in other federal systems globally.

The primary legal impediment to state policing has been Section 214(1) of the 1999 Constitution, which explicitly prohibits the establishment of any police force other than the NPF. However, there has been significant legislative movement to overcome this constitutional hurdle. Both the House of Representatives and the Senate have recently passed the Constitution of the Federal Republic of Nigeria (Alteration) (State Police) Bill, 2026. This landmark bill, which has now been transmitted to the 36 State Houses of Assembly for ratification, proposes a dual policing structure comprising a Federal Police Service and State Police Services.

Under the proposed legislation, the Federal Police Service would retain responsibility for national security, counter-terrorism, organised crime, cybercrime, and inter-state offences, while state police services would oversee local law enforcement and public safety within their respective states. Crucially, the bill includes safeguards against potential abuse of power by state governors, a major concern raised by critics. These safeguards stipulate that State Commissioners of Police would be appointed by governors, subject to confirmation by their respective State Houses of Assembly, and any removal would require a recommendation from the National Police Council and approval by a two-thirds majority of the state legislature. Additionally, the bill provides for the establishment of a State Police Service Council in each state, chaired by the governor, to oversee policy, administration, and accountability, and a Complaints Response Unit to address petitions against officers.

Despite these proposed mechanisms, concerns persist regarding the practical implementation and potential challenges. Critics fear that state police could be weaponised by governors against political opponents, particularly during elections, or exacerbate ethnic tensions. The financial burden on states, many of which already struggle to meet basic obligations, is another significant worry, as establishing and maintaining effective state police forces would require substantial resources. Furthermore, questions remain about how intelligence sharing and coordination between federal and state police services would function seamlessly to prevent jurisdictional conflicts and ensure national security interests are protected.

Conclusion

The move towards establishing state police in Nigeria, as championed by Governor Lawal and now advanced by the National Assembly, represents a pivotal moment in the nation's quest for enhanced security and true federalism. The proposed constitutional amendment, if ratified by the requisite number of State Houses of Assembly and assented to by the President, will fundamentally reshape Nigeria's security architecture. This shift acknowledges the inherent limitations of a centralised policing system in a vast and diverse country grappling with multifaceted security challenges.

For legal practitioners, the impending changes will necessitate a thorough understanding of the new dual policing framework, including the delineation of powers between federal and state forces, the appointment and oversight mechanisms, and the safeguards against abuse. The success of state policing will ultimately hinge on the robustness of these legal frameworks and the commitment to their impartial implementation. Continuous advocacy for adequate funding, professional training, and strong independent oversight bodies will be crucial to ensure that state police genuinely serve the interests of public safety and justice, rather than becoming instruments of political coercion. The coming years will be critical in observing how this significant legal reform translates into tangible improvements in security and governance across Nigeria.

Citations

  1. 1.Constitution of the Federal Republic of Nigeria, 1999 (as amended)
  2. 2.Nigeria Police Act, 2020
  3. 3.Constitution of the Federal Republic of Nigeria (Alteration) (State Police) Bill, 2026
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