House Passes Constitutional Amendment Bill to Create State Police, Restructure Nigeria’s Policing System

The House of Representatives has passed a landmark constitutional amendment bill seeking to establish state police alongside a federal police system, marking one of the most significant proposed reforms to Nigeria’s security architecture since the return to democratic rule.

The bill, passed on Thursday, proposes sweeping amendments to the Constitution to create two distinct policing institutions  a Federal Police and State Police  with clearly defined powers, command structures, funding mechanisms and oversight frameworks.

Under the proposed amendment, a new Section 214 would formally establish the Federal Police and allow each state to create its own State Police through legislation enacted by the State House of Assembly.

However, state police formations will only become operational after meeting national minimum standards and receiving certification under guidelines to be prescribed by the National Assembly.

The proposal provides that until a state police force becomes operational, policing responsibilities in that state will remain with the Federal Police.

Federal, State Police Powers Defined

The bill assigns responsibility for maintaining public security, law and order to both police systems, while introducing safeguards to prevent undue federal interference in state policing affairs.

Under the proposed framework, the Federal Police would be barred from intervening in the operations of a State Police except under specific circumstances, including a complete breakdown of law and order, a formal request by a governor, or where a state police force becomes unable to function due to administrative or financial challenges.

Any federal intervention would require prior approval from the National Police Council.

The Federal Capital Territory would remain exclusively under the control of the Federal Police.

Governors to Appoint State Police Commissioners

The amendment also creates separate command structures for both institutions.

The Federal Police would be headed by an Inspector-General of Police appointed by the President on the advice of the National Police Council and subject to confirmation by the National Assembly.

State Police forces would be led by Commissioners of Police appointed by governors, based on recommendations from the National Police Council and subject to confirmation by the respective State Houses of Assembly.

Governors would have authority to issue lawful directives on public safety and order to State Police Commissioners. However, commissioners may refer disputed directives to the National Police Council if they believe such orders are unlawful or inconsistent with policing standards.

Strict Removal Process for Top Officers

The proposed amendment introduces safeguards against arbitrary removal of police chiefs.

An Inspector-General of Police may only be removed by the President upon recommendation of the National Police Council and with the approval of two-thirds of the National Assembly.

Similarly, State Commissioners of Police may only be removed by governors following recommendations from the National Police Council and approval by a two-thirds majority of the State House of Assembly.

Federal Funding Support for States

To support implementation, the bill proposes a new Section 216A, requiring the Federal Government to provide grants and financial assistance to state police formations upon the recommendation of the National Police Council and approval by the National Assembly.

National Police Council Expanded

The amendment significantly restructures the National Police Council, transforming it into a broader oversight body with representation from federal and state governments, civil society groups, labour unions, the legal profession, media organisations and traditional institutions.

Among its responsibilities would be the appointment and discipline of Federal Police officers, supervision of policing standards nationwide, coordination of intelligence and forensic systems, and recommendations on the appointment of senior state police officers.

The proposed council would include representatives from bodies such as the Nigerian Bar Association, Nigeria Labour Congress, Nigeria Union of Journalists, the National Human Rights Commission and state Attorneys-General.

State Police Service Commissions Proposed

Each state would also establish a State Police Service Commission responsible for recruiting, disciplining and overseeing officers below the rank of Assistant Commissioner of Police.

The commissions would recommend qualified candidates for senior positions, including Commissioners of Police, to the National Police Council.

Legislative Powers Shared

The amendment places policing on the Concurrent Legislative List, allowing both the National Assembly and State Houses of Assembly to make laws relating to policing.

While the National Assembly would prescribe national standards, accountability mechanisms and operational guidelines, states would retain powers to establish, fund and manage their police services, provided such laws do not fall below national standards.

The bill also prevents federal authorities from exercising routine command or disciplinary control over state police personnel except in constitutionally authorised intervention situations.

Constitutional References Updated

The amendment further proposes consequential changes across several sections of the Constitution, replacing references to the Nigeria Police Force with new references to the Federal Police and State Police, while updating provisions relating to policing powers, oversight and administration.

The bill represents a major step toward the long-debated decentralisation of policing in Nigeria. However, it must still secure approval by the Senate and receive endorsement from at least two-thirds of State Houses of Assembly before it can become part of the Constitution.