State Police Bill: Governors to Appoint CPs, FG May Provide Grants — Check Key Highlights

The House of Representatives has passed a constitutional amendment bill seeking to establish state police across Nigeria, a move widely seen as a significant step toward addressing the country’s worsening security challenges.

The proposed legislation, which seeks to amend several provisions of the 1999 Constitution, outlines the framework for the creation, funding, regulation, and operation of state police services while retaining the Nigeria Police Force as a federal institution.

Among its major provisions, the bill empowers state governors to appoint Commissioners of Police, establishes State Police Service Commissions, limits federal interference in state policing operations, and allows the Federal Government to provide grants and financial support to state police formations.

The renewed push for state policing comes amid growing concerns over insecurity, including banditry, kidnapping, terrorism, and communal violence across the country.

National Assembly to Set Standards

Under the proposed amendment to Section 214 of the Constitution, the National Assembly will prescribe the structure, organisation, administration, and powers of both the federal and state police services.

Before a state police service can commence operations, the relevant State House of Assembly must enact a law establishing it, and the outfit must meet nationally prescribed minimum standards.

This provision ensures that states cannot establish police forces arbitrarily and must comply with uniform standards designed to promote professionalism and accountability.

Federal and State Police to Coexist

The bill maintains the Nigeria Police Force as the country’s federal policing institution, even after the establishment of state police services.

While state police will handle local security matters, the federal police will continue to perform federal policing functions and may assist state police when necessary.

The arrangement creates a dual policing system similar to those operating in several federal nations around the world.

Federal Police Restricted from Interfering in State Affairs

One of the most significant provisions of the bill is the limitation placed on federal intervention in state policing operations.

Under Section 214(6), the federal police may only intervene in a state’s internal security affairs under exceptional circumstances, such as a complete breakdown of law and order, upon the request of a governor, or when a state police service becomes ineffective due to administrative or financial challenges.

Any such intervention must first receive the approval of the National Police Council.

Governors to Appoint Commissioners of Police

The proposed law empowers governors to appoint State Commissioners of Police based on recommendations from the National Police Council and subject to confirmation by the State House of Assembly.

Governors may issue lawful directives concerning public safety and public order.

However, where a Commissioner of Police believes such directives are unlawful or inconsistent with professional policing standards, the matter may be referred to the National Police Council, whose decision will be binding.

This provision seeks to balance executive authority with professional independence.

President Retains Power to Appoint IGP

At the federal level, the President will continue to appoint the Inspector-General of Police based on the recommendation of the National Police Council and subject to confirmation by the National Assembly.

The Inspector-General will remain the overall head of the federal police structure and oversee federal police operations nationwide.

Safeguards Against Arbitrary Removal

The bill introduces strict procedures for removing both the Inspector-General of Police and State Commissioners of Police.

The IGP may only be removed on grounds such as gross misconduct, breach of regulations, fraud-related convictions, bankruptcy, or mental incapacity. Such removal must be recommended by the National Police Council and approved by a two-thirds majority of the National Assembly.

Similarly, a State Commissioner of Police may only be removed by a governor upon the recommendation of the National Police Council and with the approval of a two-thirds majority of the State House of Assembly.

The provision is intended to protect senior police officers from political interference and arbitrary dismissal.

Federal Government May Fund State Police

Recognising the financial burden associated with policing, the bill allows the Federal Government to provide grants and financial assistance to state police services.

Such support will be based on recommendations from the National Police Council and subject to approval by the National Assembly.

The provision is expected to assist states with limited financial resources while preserving their operational independence.

States Allowed to Set Higher Standards

While states must comply with nationally prescribed minimum standards, they may enact laws establishing higher operational, administrative, and professional standards for their police services.

This flexibility allows states to tailor their policing structures to local realities without compromising national benchmarks.

Federal Authorities Barred from Routine Control

The bill expressly prohibits federal authorities from exercising routine powers over state police personnel, including appointments, transfers, deployments, suspensions, and disciplinary actions.

Such powers will remain within the jurisdiction of state police institutions except in situations specifically provided for by the Constitution.

The provision is designed to safeguard the autonomy of state police services.

National Police Council Gets Expanded Membership

The proposal replaces the existing Nigeria Police Council with a broader National Police Council that will include representatives of the federal police, state attorneys-general, retired senior police officers, the National Human Rights Commission, the Public Complaints Commission, the Nigerian Labour Congress, the Nigerian Bar Association, the Nigerian Union of Journalists, and traditional rulers.

The expanded composition is expected to strengthen civilian oversight, accountability, and public participation in policing matters.

State Police Service Commissions Established

The bill also establishes State Police Service Commissions to oversee recruitment, discipline, and appointments within state police services.

The commissions will comprise representatives from key institutions, including the NHRC, NLC, NBA, NUJ, traditional rulers, and retired police officers.

For the appointment of Commissioners of Police, each commission will submit three qualified candidates to the National Police Council for consideration.

Limited Powers Over Firearms

The amendment permits state police services to use light firearms for law enforcement purposes and grants them access to fingerprints, biometric databases, forensic records, and criminal information systems in line with federal regulations.

The provision seeks to equip state police with modern policing tools while ensuring national coordination in intelligence gathering and record management.

If passed by the required number of State Houses of Assembly and eventually assented to, the constitutional amendment would mark one of the most significant reforms of Nigeria’s security architecture since the return to democratic rule in 1999.