Agbakoba backs state police, seeks safeguards against executive control

Olisa Agbakoba, former President of the Nigerian Bar Association (NBA), has welcomed President Bola Tinubu’s decision to transmit a bill seeking to establish State Police to the National Assembly, but cautioned that the reform would only succeed if accompanied by constitutional safeguards that insulate law enforcement and other key institutions from executive interference.

In a statement entitled “Beyond State Police: Why Nigeria Must Constitutionally Insulate Its Institutions from Executive Interference,” Agbakoba described the proposed constitutional amendment to Section 214 of the 1999 Constitution as “a welcome development” capable of improving public security and bringing policing closer to local communities.

“I commend the President for transmitting to the National Assembly an executive Bill proposing the amendment of Section 214 of the 1999 Constitution to introduce the long-awaited state police,” he said.

“This is a welcome development that will, if properly implemented, enhance public security and bring law enforcement closer to the communities it serves.”

The senior advocate, however, argued that the proposed reform should trigger broader constitutional restructuring, including the devolution of additional responsibilities from the Federal Government to states and local governments.

“Having devolved policing, is it not time to consider further technical devolutions such as drivers’ licences, prisons, marriage registration, arbitration, trade regulation, registration of business names, and all other matters best suited for states and local governments, so as to relieve the federal government of responsibilities that can be more efficiently managed at the subnational level?” he asked.

The senior advocate of Nigeria warned that without constitutional guarantees of independence, state police could suffer the same fate as State Independent Electoral Commissions and local governments, which he said have largely fallen under the control of state governors.

“Devolution without institutional protection is reform in name only, and history has shown that where institutions lack genuine constitutional protection, they inevitably become instruments of executive power rather than servants of the people and the Constitution,” he said.

To prevent such an outcome, Agbakoba urged Nigeria to adopt elements of South Africa’s constitutional model, where institutions supporting democracy derive their independence directly from the Constitution rather than the executive.

He noted that Chapter 9 of South Africa’s Constitution provides constitutional protection for institutions such as the Public Protector, Human Rights Commission, Electoral Commission and Auditor-General through guaranteed funding, security of tenure and accountability to Parliament instead of the executive.

According to him, Nigeria should extend similar protections to critical institutions, including the Nigeria Police Force, the Independent National Electoral Commission (INEC), the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Central Bank of Nigeria (CBN), the National Judicial Council (NJC), the Attorney General, the Accountant General, the National Human Rights Commission, the Code of Conduct Bureau and the Office of the Public Defender.

“These institutions should enjoy security of tenure, their funding should be a direct charge on the Consolidated Revenue Fund, and their accountability should be under the supervision of the National Assembly or the State Houses of Assembly and not the President or any Governor,” he said.

Agbakoba cited the late constitutional scholar, Professor Ben Nwabueze, describing the proposal as consistent with the principle of “limited government,” under which executive authority is restrained by constitutionally independent institutions.

He warned that State Police would become instruments of political oppression if they were placed solely under governors without adequate constitutional checks.

“If the proposed state police framework is built on this constitutional architecture of independence and accountability, it is a welcome and progressive development. If not, if state police are simply handed to governors without these protections, they will inevitably become tools of oppression, and Nigeria will have traded one problem for a far worse one,” he said.

As part of the reforms, Agbakoba proposed a tripartite appointment and removal process similar to that governing the judiciary to prevent executive dominance.

Under the proposal, the Police Service Commission would nominate qualified candidates for appointment as state police chiefs, governors would make the appointments, while State Houses of Assembly would confirm them. The same shared process, he argued, should apply to their removal.

“This architecture of shared constitutional responsibility is the surest guarantee against executive capture and the politicisation of law enforcement,” he said.

Agbakoba expressed optimism that the Federal Government would consider the recommendations as deliberations on the state police bill progress in the National Assembly.