State Police Bill: National Assembly Builds Safeguards Against Abuse by Governors

The National Assembly has taken a major step toward restructuring Nigeria’s policing system by passing the Constitution of the Federal Republic of Nigeria (Alteration) (State Police) Bill, 2026, while introducing constitutional safeguards designed to prevent state governors from abusing the proposed police services.

The Senate approved the landmark legislation on Wednesday after the House of Representatives passed the executive bill on June 11 with an overwhelming vote of 289 to four.

The bill seeks to amend Sections 214, 215 and 216 of the 1999 Constitution to establish State Police Services alongside the existing Federal Police Service, ending decades of exclusive federal control over policing.

The Senate’s passage of the bill survived a brief interruption after the electronic voting system malfunctioned, prompting lawmakers to adopt a manual voting process before securing the constitutionally required two-thirds majority.

Safeguards Against Political Abuse

One of the major concerns that has trailed calls for state policing is the fear that governors could use state police to intimidate political opponents, suppress dissent and influence elections.

Lawmakers said the new legislation addresses these concerns by placing constitutional limits on the powers of state governors.

Leading debate on the bill, Senate Leader Opeyemi Bamidele said the proposed law contains provisions aimed at preventing governors from using state police for partisan, ethnic, religious or personal interests.

Under the bill, governors may issue lawful written directives on general security policy relating to public safety and order within their states.

However, the legislation expressly prohibits commissioners of police from arresting, detaining, investigating or deploying force against any individual, political party or group solely because they criticise the government or hold opposing political views.

Any police action, the bill provides, must be carried out strictly in accordance with the law.

Commissioners Can Reject Unlawful Orders

The legislation also establishes a mechanism to protect commissioners of police from political interference.

Where a state commissioner believes a directive from a governor is unlawful, unconstitutional or inconsistent with accepted policing standards, the officer may refer the matter to the National Police Council.

The Council’s decision on such disputes will be final and binding, providing an independent avenue for resolving disagreements over operational directives.

Supporters of the bill say the provision is intended to prevent governors from compelling police officers to carry out politically motivated actions.

Governors Cannot Hire or Fire Commissioners Alone

The bill also introduces stronger safeguards regarding the appointment and removal of state commissioners of police.

Under the proposed framework, governors will not have the authority to appoint commissioners unilaterally. Appointments must be made following recommendations by the National Police Council and confirmed by the relevant State House of Assembly.

Similarly, a governor cannot remove or suspend a commissioner without first obtaining an investigative recommendation from the National Police Council establishing a valid cause for removal.

In addition, any removal must receive the support of at least two-thirds of all members of the State House of Assembly.

Lawmakers say the dual approval process is designed to protect commissioners from arbitrary dismissal for refusing unlawful directives.

The bill also provides similar tenure protections for the Inspector-General of Police at the federal level as part of efforts to strengthen the independence of policing institutions.

Major Shift in Nigeria’s Security Architecture

If eventually ratified by the required number of state Houses of Assembly and assented to, the constitutional amendment will mark one of the most significant reforms to Nigeria’s security architecture since independence.

Supporters argue that decentralising policing will improve community security, strengthen intelligence gathering and enable faster responses to local security challenges.

However, the proposal is expected to continue generating debate as stakeholders examine whether the constitutional safeguards are sufficient to prevent political interference while improving public safety across the country.