State police will give governors genuine authority as chief security officers-Lawal

Nigeria is on the cusp of a significant legal and structural transformation in its security architecture with the ongoing constitutional amendment to establish state police. This development aims to grant state governors genuine authority as chief security officers, addressing the long-standing paradox where they bear responsibility for security without direct operational control over police forces. The proposed multi-tier policing system, which has received legislative backing, seeks to decentralise law enforcement, bringing it closer to communities and potentially improving responsiveness to local security challenges. However, the success of this reform hinges on the meticulous implementation of robust safeguards, clear delineation of powers, and effective oversight mechanisms to prevent potential abuses and ensure accountability.

The discourse surrounding the establishment of state police in Nigeria has reached a critical juncture, with recent legislative advancements signaling a profound shift in the nation's security paradigm. The assertion that state police will empower governors with genuine authority as chief security officers underscores a fundamental re-evaluation of Nigeria's federal structure and its approach to internal security. For decades, governors have been nominally designated as chief security officers of their states, yet their operational control over the federally controlled Nigeria Police Force (NPF) has been severely limited, creating a significant disconnect between responsibility and authority.

This impending reform, driven by escalating insecurity across the country, seeks to decentralise policing powers, allowing states to establish and manage their own law enforcement agencies. The move is anticipated to foster a more responsive and community-oriented policing system, better equipped to address localised threats such as banditry, kidnapping, and communal conflicts. This article will delve into the existing legal framework, analyse the proposed constitutional amendments, explore the implications for governors' authority, and discuss the critical safeguards necessary for the successful and accountable operation of state police in Nigeria.

The current policing structure in Nigeria is predominantly centralised, a legacy of its colonial past. The Constitution of the Federal Republic of Nigeria, 1999 (as amended), specifically Section 214(1), unequivocally establishes a single Nigeria Police Force for the entire federation, explicitly prohibiting the creation of any other police force. This federal force is commanded by an Inspector-General of Police, who is appointed by the President on the advice of the Nigeria Police Council. While a Commissioner of Police is appointed for each state by the Police Service Commission, their operational command remains subject to the authority of the Inspector-General of Police.

Under Section 215(4) of the Constitution, a state governor may issue lawful directions to the Commissioner of Police regarding the maintenance of public safety and order within the state. However, this authority is significantly curtailed by a proviso that allows the Commissioner of Police to refer such directions to the President or an authorised federal minister for directives before compliance. This constitutional arrangement has historically rendered governors largely powerless in directly commanding police operations, despite being held accountable by their constituents for security breaches. Policing, being on the Exclusive Legislative List, further entrenches federal control, limiting states' legislative competence in this crucial area. The Nigeria Police Act, 2020, while introducing reforms aimed at accountability and transparency, did not fundamentally alter this centralised command structure.

The recent approval of a constitutional amendment bill by both the Senate and the House of Representatives marks a pivotal moment in Nigeria's security reform efforts. This bill, referred to as the Constitution of the Federal Republic of Nigeria (Sixth Alteration) Bill, 2026, seeks to amend Sections 214 and 215 of the 1999 Constitution to formally recognise and establish state police services. The proposed framework envisions a multi-tier policing system comprising a Federal Police Service, State Police Services, and potentially Local Government Police Services, thereby decentralising law enforcement responsibilities.

A key provision of this amendment is the empowerment of governors to appoint State Commissioners of Police. These appointments will be made on the advice of the Nigeria Police Council and subject to confirmation by the respective State Houses of Assembly. This directly addresses the long-standing 'responsibility without authority' dilemma faced by governors, aligning their constitutional role as chief security officers with actual operational control over state police. Furthermore, the bill provides for the establishment of State Police Service Commissions, which will be responsible for the recruitment, promotion, and discipline of officers within the state police structure, ensuring a localised administrative and disciplinary framework.

Proponents argue that state police will significantly enhance security by fostering improved local intelligence gathering, enabling faster response times to incidents, and promoting community policing through officers who possess a deeper understanding of local environments and cultures. This decentralisation is also expected to reduce the burden on federal resources and create employment opportunities. Under the proposed dual structure, the Federal Police Service will retain responsibility for national security, counter-terrorism, cybercrime, and interstate offences, while State Police Services will focus on maintaining law and order within their jurisdictions.

However, significant concerns persist regarding the potential for abuse of power by state governors, who might weaponise state police for political victimisation or personal gain. To mitigate these risks, the bill incorporates several safeguards. For instance, while governors can issue policy directives, the legislation expressly prohibits interference in operational policing matters, such as directing arrests or deployments against specific individuals or groups for partisan reasons. The appointment and removal of State Commissioners of Police are also subject to checks and balances, requiring recommendations from the National Police Council and confirmation or approval by the State House of Assembly.

Moreover, the constitutional amendment stipulates that states must enact enabling laws and adhere to nationally prescribed minimum standards for the establishment and operation of their police forces. A Presidential Working Group has been inaugurated to develop a comprehensive National Policing Bill, which will detail provisions on minimum policing standards, state readiness certification, federal-state coordination, accountability frameworks, human rights safeguards, and fiscal conditions. This ongoing legislative and implementation process is crucial to ensure that the new system is not merely a decentralisation of problems but a genuine enhancement of security and democratic governance, drawing lessons from other federal systems with multi-tier policing structures.

The journey towards establishing state police in Nigeria represents a monumental constitutional evolution, poised to redefine the balance of power within the federation and fundamentally alter the landscape of internal security. By granting governors genuine authority over state police, the proposed amendments aim to resolve the long-standing anomaly where accountability for security was divorced from the power to enforce it. This reform holds the promise of more effective, localised, and responsive policing, which is desperately needed to address Nigeria's complex security challenges.

For legal practitioners, this development necessitates a thorough understanding of the new constitutional provisions, the impending National Policing Bill, and the specific legislation that each state will enact to establish its police force. Attorneys will need to advise clients on the jurisdictional boundaries between federal and state police, the powers and limitations of state law enforcement, and the accountability mechanisms in place. While the constitutional hurdle is nearing clearance, the ultimate success of state police will depend on meticulous implementation, sustainable funding, rigorous training, and robust oversight to prevent political abuse and ensure adherence to human rights. The coming months will be critical as the constitutional amendment undergoes ratification by state assemblies and the detailed operational framework is developed, shaping the future of policing and federalism in Nigeria.