State Police Bill: Governors to Appoint CPs as Reps Approve Key Constitutional Changes

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The House of Representatives has passed a constitutional amendment bill aimed at establishing state police services across Nigeria, marking a major step in efforts to overhaul the country’s security framework.

The proposed legislation seeks to amend sections of the 1999 Constitution to provide legal backing for the creation, funding, regulation, and operation of state police while retaining the Nigeria Police Force (NPF) as the country’s federal law enforcement agency.

A key provision of the bill empowers state governors to appoint commissioners of police for their states, subject to recommendations and approvals outlined in the legislation. It also provides for the establishment of State Police Service Commissions to oversee recruitment, discipline, and administration of state police formations.

The bill comes amid growing calls for decentralized policing as insecurity continues to challenge many parts of the country. Advocates argue that state-controlled police will strengthen intelligence gathering, improve response times, and enhance community-based security operations.

Below are some of the major highlights of the proposed legislation:

National Standards Required for State Police

Under the proposed amendment to Section 214, the National Assembly will determine the structure, powers, administration, and operational guidelines for both federal and state police services.

A state police service can only begin operations after the relevant State House of Assembly passes an enabling law and the proposed outfit is certified as meeting nationally approved standards.

Implication: States will not be able to establish police services independently without complying with minimum national requirements designed to ensure professionalism and uniformity.

Federal and State Police to Operate Side by Side

The bill preserves the Nigeria Police Force while introducing state police services.

Federal police will continue to handle national security responsibilities and may support state police operations when necessary. The federal force will also maintain public security functions as provided by law.

Implication: Nigeria will operate a dual policing system, with federal and state police working alongside each other.

Restrictions on Federal Interference

The proposed law limits federal intervention in state policing matters.

Federal authorities may only intervene when there is a complete breakdown of law and order, upon a governor’s request, or when a state police service becomes ineffective due to administrative or financial challenges. Such intervention must receive approval from the National Police Council.

Implication: The provision seeks to protect state police autonomy and prevent arbitrary federal control.

Governors to Appoint Commissioners of Police

The bill provides that each state police service will be headed by a commissioner of police appointed by the governor based on recommendations from the National Police Council and confirmed by the State House of Assembly.

Governors may issue directives on public safety and security. However, commissioners who consider such directives unlawful may refer the matter to the National Police Council for a final decision.

Implication: While governors will exercise oversight over state police, safeguards are included to prevent political misuse of the force.

President Retains Power to Appoint IGP

The legislation preserves the existing federal arrangement by allowing the President to appoint the Inspector-General of Police based on the advice of the National Police Council and subject to confirmation by the National Assembly.

The IGP will continue to command the federal police nationwide.

Implication: National security responsibilities will remain under federal control.

Protection Against Arbitrary Removal

The bill outlines strict conditions for removing the Inspector-General of Police and state commissioners of police.

The IGP can only be removed for reasons such as gross misconduct, regulatory violations, fraud-related convictions, bankruptcy, or mental incapacity. Removal must be recommended by the National Police Council and approved by a two-thirds majority of the National Assembly.

State commissioners of police can only be removed through a similar process involving recommendations from the National Police Council and approval by a two-thirds majority of the State House of Assembly.

Implication: The provision is intended to strengthen police independence and prevent politically motivated dismissals.

Federal Grants for State Police

The proposed Section 216A allows the Federal Government to provide financial assistance and grants to state police services upon the recommendation of the National Police Council and approval by the National Assembly.

Implication: States with limited financial resources may receive support without compromising operational independence.

States Allowed to Set Higher Standards

State legislatures will have authority to enact laws governing the organisation, funding, and oversight of state police.

However, such laws must not fall below the national minimum standards established by the National Assembly.

Implication: States can tailor policing systems to local needs while maintaining national benchmarks.

No Routine Federal Control Over State Police

The bill prohibits the National Assembly from granting federal authorities routine powers over the appointment, deployment, transfer, suspension, or discipline of state police personnel, except where constitutional intervention is permitted.

Implication: State police services will enjoy significant operational independence.

Expanded National Police Council

The proposal replaces the current Nigeria Police Council with a broader National Police Council.

Membership will include representatives of federal police authorities, state attorneys-general, retired senior police officers, the National Human Rights Commission, Public Complaints Commission, Nigerian Labour Congress, Nigerian Bar Association, Nigerian Union of Journalists, and traditional rulers.

Implication: The council is designed to strengthen civilian participation and oversight in policing matters.

Creation of State Police Service Commissions

The bill establishes State Police Service Commissions comprising representatives from civil society groups, professional bodies, traditional institutions, and retired police officers.

These commissions will recommend candidates for appointment as commissioners of police and oversee disciplinary matters involving officers below the rank of assistant commissioner.

Each commission must submit three qualified candidates to the National Police Council whenever a commissioner of police is to be appointed.

Implication: The process introduces multiple layers of oversight and reduces the concentration of appointment powers in the hands of governors.

Limited Firearms Powers and Access to Criminal Databases

The amendment permits state police services to use light firearms for policing operations.

It also grants them access to fingerprints, biometric records, forensic databases, and criminal information systems in line with federal regulations.

Implication: State police will be equipped for modern law enforcement while remaining integrated into national intelligence and record-management systems.

The bill forms part of the National Assembly’s broader efforts to reform Nigeria’s security architecture and address persistent demands for localized policing across the federation.