Peter Obi — NG Legal Update

Nigeria is on the cusp of a significant security sector reform with the recent passage of a constitutional amendment bill by the National Assembly, paving the way for the establishment of state police. While widely seen as a potential solution to escalating insecurity and a move towards true federalism, the initiative has sparked considerable apprehension among legal professionals and civil society organisations (CSOs). Concerns primarily revolve around the potential for state governors to abuse these new powers for political ends, including suppressing opposition and manipulating elections. Consequently, there is a strong demand for robust constitutional and institutional safeguards, such as independent oversight bodies and guaranteed funding autonomy, to prevent the politicisation and misuse of state-controlled policing. The debate also includes calls to delay implementation until after the 2027 general elections to ensure proper legislative procedures and build public confidence.

Nigeria's security architecture is poised for a fundamental transformation following the recent passage of a constitutional amendment bill by both chambers of the National Assembly, which seeks to establish state police across the federation. This legislative milestone, long debated, aims to decentralise policing powers, moving away from the current highly centralised system that has proven increasingly inadequate in addressing the nation's diverse and escalating security challenges, including terrorism, banditry, kidnapping, and communal violence.

However, this anticipated reform, while welcomed by many as a necessary step towards effective law enforcement and true federalism, is met with significant caution. Legal practitioners and civil society organisations have voiced profound concerns regarding the potential for abuse of power by state governors. The central thesis of this discourse is that without robust constitutional and statutory safeguards, the creation of state police could inadvertently lead to the weaponisation of security forces for political intimidation, election manipulation, and the suppression of dissenting voices, thereby exacerbating existing governance challenges rather than resolving them.

Prominent voices, including former presidential candidate Mr. Peter Obi and the Conference of United Political Parties (CUPP), have warned against rushed legislation and called for the implementation of state police to be deferred until after the 2027 general elections. These warnings underscore a broader apprehension that the timing and manner of the reform could compromise its credibility and expose it to political misuse, highlighting the critical need for a meticulously crafted legal framework that prioritises accountability, operational independence, and human rights.

The current policing structure in Nigeria is predominantly centralised, a legacy rooted in its colonial past and enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Section 214(1) of the 1999 Constitution explicitly establishes the Nigeria Police Force as the sole police force for the entire federation, prohibiting the establishment of any other police force at the state level. This constitutional provision has historically placed policing under exclusive federal control, with the Inspector-General of Police, an appointee of the President, commanding the force from Abuja.

Despite the constitutional designation of governors as chief security officers of their states, their operational authority over police activities within their jurisdictions has been limited. This over-centralisation has been widely criticised for contributing to the ineffectiveness of law enforcement, slow response times to local crimes, and a disconnect between police and communities, particularly given Nigeria's vast territorial landmass and diverse security threats. While the Nigeria Police Act, 2020, introduced provisions aimed at enhancing accountability, transparency, and community policing, it did not fundamentally alter the centralised command structure, leaving a significant gap in addressing the localised nature of many security challenges.

The recently passed constitutional amendment bill proposes a dual policing structure, allowing states to establish and manage their own police services alongside a restructured Federal Police Service. Under this framework, a State Police Service would be headed by a Commissioner of Police appointed by the governor, subject to confirmation by the state House of Assembly. The bill also includes provisions for federal intervention in state police operations under specific circumstances, such as threats to national security or a complete breakdown of law and order that state police cannot handle.

However, legal experts and CSOs have articulated profound concerns regarding the potential for gubernatorial abuse. Dr. Olisa Agbakoba, SAN, a former President of the Nigerian Bar Association, warned that without strong constitutional safeguards, state police could become instruments of oppression, replicating the failures seen in other institutions lacking genuine independence. Similarly, the Civil Society Legislative Advocacy Centre (CISLAC) cautioned that without guarantees of operational independence, state police could be weaponised by governors to suppress opposition, intimidate journalists, and manipulate electoral outcomes. The Inspector-General of Police, Kayode Egbetokun, also expressed fears that governors might turn state police into private militias, leading to human rights violations and election manipulation.

To mitigate these risks, various safeguards have been proposed. These include the establishment of independent State Police Service Commissions, comprising representatives from the judiciary, the Nigerian Bar Association, CSOs, and traditional institutions, to oversee recruitment, promotion, and discipline. Calls have also been made for constitutionally guaranteed funding streams paid directly to these commissions, rather than through governors, to ensure financial autonomy. Furthermore, there is a demand for clear constitutional delineation of powers and jurisdiction between federal and state police to prevent conflicts and ensure effective collaboration on crimes transcending state boundaries. The Senate Committee on Media and Public Affairs has indicated that the law provides for federal sanctions and intervention if a governor misuses state police for partisan or personal interests.

Crucially, the timing of the legislation has drawn criticism. Mr. Peter Obi and the CUPP have strongly advocated for delaying the implementation of state police until after the 2027 general elections, arguing that a rushed process, lacking adequate public consultation and transparency, fuels suspicion about political motives and the potential for the new policing arrangement to be exploited to influence the upcoming polls. This highlights the tension between the urgent need for security reform and the imperative to establish a robust, abuse-resistant framework.

The move to establish state police in Nigeria represents a critical juncture in the nation's quest for enhanced security and a more functional federal system. While the decentralisation of policing holds significant promise for improving local responsiveness and community engagement, its success hinges entirely on the strength and integrity of the constitutional and institutional safeguards put in place. The concerns raised by legal experts and civil society organisations regarding potential gubernatorial abuse are legitimate and must be addressed with utmost seriousness.

For legal practitioners, the ongoing constitutional amendment process and the subsequent enabling legislation will require close scrutiny. The precise wording of provisions establishing independent oversight bodies, funding mechanisms, and jurisdictional boundaries will be paramount in determining the efficacy and fairness of the new system. Lawyers will be instrumental in advocating for robust checks and balances and in challenging any attempts to subvert the spirit of the reform. As the bill progresses through state Houses of Assembly for concurrence and awaits presidential assent, vigilance remains key to ensuring that the promise of state police translates into genuine security and justice for all Nigerians, rather than becoming another instrument of political control. The call to delay implementation until after the 2027 elections also underscores the need for a deliberate, transparent, and confidence-building process.