Briefly

State police creation doesn’t mean abolition of NPF – IGP Disu

Legal NewsNigeria·Vanguard Nigeria·Briefly Analysis

Abstract

The Inspector-General of Police (I-G), Olatunji Disu, recently clarified that the proposed establishment of state police in Nigeria does not entail the abolition of the existing Nigeria Police Force (NPF). This statement comes amidst significant legislative progress, with the House of Representatives having passed a constitutional amendment bill to create a dual policing structure. The development signals a fundamental shift in Nigeria's security architecture, moving from a solely centralised federal policing system to one that incorporates state-level law enforcement. This article examines the legal framework underpinning this proposed change, its implications for the NPF, and the broader legal landscape for practitioners.

Introduction

Nigeria is on the cusp of a significant transformation in its security architecture, with ongoing legislative efforts to introduce state police. Against this backdrop, the Inspector-General of Police (I-G), Olatunji Disu, recently issued a crucial clarification: the creation of state police forces will not lead to the abolition of the Nigeria Police Force (NPF). This assertion aims to allay concerns and provide clarity regarding the future of policing in the country, emphasising a complementary rather than a replacement model.

The I-G's statement underscores the evolving discourse around decentralised policing, a debate fuelled by persistent security challenges across Nigeria, including banditry, kidnapping, and communal violence. The current centralised system has long faced criticism for its perceived inability to effectively address localised crime and security threats. The proposed dual policing structure, therefore, represents a fundamental re-evaluation of how law and order will be maintained in a diverse and expansive federation.

This article delves into the legal implications of this impending shift, examining the constitutional amendments required, the operational framework envisioned for both federal and state police, and the potential challenges and opportunities for legal practitioners. It will highlight how the NPF, as a federal entity, is expected to coexist with newly established state police forces, navigating jurisdictional boundaries and ensuring coordinated efforts in crime prevention and law enforcement.

Background

Historically, policing in Nigeria has been a centralised federal responsibility, a structure largely inherited from the colonial era. The 1999 Constitution of the Federal Republic of Nigeria, as amended, unequivocally establishes the Nigeria Police Force (NPF) as the sole police force for the nation. Section 214(1) explicitly states that "There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof." This provision has historically precluded the establishment of independent state or regional police forces.

Further constitutional provisions, specifically Sections 215 and 216, detail the appointment of the Inspector-General of Police (IGP) by the President and the control of the NPF. The NPF's organisation, administration, powers, and duties are prescribed by an Act of the National Assembly. The Nigeria Police Act 2020, which repealed the earlier Police Act Cap. P19, Laws of the Federation, 2004, provides the current framework for the NPF, emphasising transparency, accountability, and community partnership. Despite these reforms, the unitary policing model has been widely criticised for its limitations in addressing Nigeria's complex and diverse security landscape, leading to persistent calls for decentralisation and the establishment of state police.

Analysis

The recent passage of the Constitution of the Federal Republic of Nigeria (Sixth Alteration) Bill, 2026 (HB 617) by the House of Representatives marks a pivotal moment in the debate over state policing. This bill seeks to fundamentally alter Sections 214, 215, and 216 of the 1999 Constitution to formally recognise both a Federal Police and State Police. The proposed amendment envisions a dual policing structure where the NPF would continue to operate at the federal level, while states would be empowered to establish their own police services.

Under the proposed framework, the National Assembly would be responsible for legislating the structure, organisation, administration, and powers of the Federal Police, and also for providing the framework and guidelines, including national minimum standards, for the establishment of state police services. A key provision stipulates that no state police formation can commence operations without an enabling law passed by the relevant State House of Assembly and certification that it meets these national minimum standards. This mechanism aims to ensure a degree of uniformity and professionalism across state forces, mitigating concerns about potential abuse or uneven capabilities.

Jurisdictional clarity and command structures are critical aspects addressed by the bill. It proposes that the Federal Police would be headed by an Inspector-General of Police, appointed by the President on the advice of the National Police Council, subject to National Assembly confirmation. Similarly, a State Commissioner of Police would be appointed by a governor, also on the advice of the National Police Council, subject to confirmation by the State House of Assembly. Governors would be empowered to issue lawful directives to their State Commissioners of Police on matters of public safety and order. However, if a commissioner deems such directives unlawful or inconsistent with policing standards, the matter would be referred to the Nigeria Police Council, whose decision would be final. This provision attempts to balance state autonomy with accountability and adherence to national standards, addressing historical fears of governors weaponising state police against political opponents.

The transition to a dual policing system presents both opportunities and challenges. Proponents argue that state police would lead to improved local intelligence, faster response times, and better community engagement, thereby enhancing overall security. This aligns Nigeria with federal democracies like the United States, Canada, and Germany, which operate multi-tiered policing structures. However, concerns persist regarding the capacity of some states to fund, train, and equip their forces, potentially leading to disparities in effectiveness. Furthermore, the potential for jurisdictional disputes and coordination challenges between federal and state forces will require robust legal and operational frameworks to prevent conflicts and ensure seamless collaboration.

Conclusion

The Inspector-General of Police's assurance that state police creation will not abolish the NPF signals a future of concurrent policing in Nigeria, rather than a complete overhaul. This dual structure, currently progressing through constitutional amendment, will necessitate careful navigation of legal and operational complexities. For legal practitioners, this development will open new frontiers, particularly in criminal law, human rights, and administrative law. Lawyers will need to understand the distinct jurisdictions, powers, and procedural requirements of both federal and state police forces, as well as the mechanisms for inter-agency cooperation and dispute resolution.

Practitioners should closely monitor the legislative journey of the constitutional amendment bill through the Senate, its ratification by state Houses of Assembly, and eventual presidential assent. The detailed laws establishing individual state police forces and the national minimum standards set by the National Assembly will be crucial for understanding the practical implications. Anticipated areas of legal work include advising on jurisdictional matters, defending clients against actions by either police force, ensuring adherence to human rights standards across both federal and state policing, and potentially litigating issues arising from inter-force conflicts or abuses of power. The evolution of Nigeria's policing landscape demands proactive engagement and adaptation from the legal community to ensure justice and security are effectively served under the new dispensation.

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 (Sixth Alteration) Bill, 2026 (HB 617)