Houses of Assembly to begin consideration of state police bill this week

The 36 State Houses of Assembly are expected to begin deliberations this week on the Constitution Alteration Bill seeking to establish State Police services, moving Nigeria’s most ambitious policing reform in decades into the final stage of the constitutional amendment process.

The bill, which was passed by both the Senate and June 24, has already been transmitted to the state legislatures, where it must secure the approval of at least 24 of the 36 Houses of Assembly before it can be returned to the National Assembly and subsequently transmitted to the President for assent.

Speaking to BusinessDay, Yemi Adaramodu, the Senate spokesperson, said all administrative processes for transmitting the legislation were concluded immediately after the National Assembly adopted the Votes and Proceedings following its passage.

“Immediately after we adopted the Votes and Proceedings, the management of the National Assembly put everything together, and the leadership of the National Assembly transmitted the Bill to the State Houses of Assembly,” Adaramodu said.

“The speakers of the 36 State Houses of Assembly have met over it a few days after the bill was passed.

“From the meeting they had, they should start discussing it in their various Houses of Assembly this week.”

According to him, the state legislatures and governors had already been carried along during consultations preceding the passage of the bill.

“The state governors are also with us on this; you could tell with their presence in the Senate chamber when the bill was being considered and passed,” he said.

Adaramodu explained that the constitutional amendment process does not end with passage by the state legislatures.

“It is until the State Houses of Assembly make their returns that all of us, both at the Senate and the House of Representatives, will sit and then jointly present the approved clause to the executive,” he added.

Under Section 9 of the 1999 Constitution (as amended), any constitutional amendment requires the endorsement of at least two-thirds of the state legislatures before it can be presented to the President for assent.

The proposed State Police Bill is regarded as one of the most consequential constitutional amendments since Nigeria returned to democratic rule in 1999.

It comes against the backdrop of persistent insecurity across the country, including terrorism, banditry, kidnapping, communal clashes and farmer-herder conflicts, which have fuelled longstanding calls for decentralised policing.

For decades, Nigeria has maintained a centrally controlled police system under the Nigeria Police Force despite repeated demands by governors, security experts, traditional rulers and civil society organisations for state-controlled policing that can better respond to local security challenges.

The bill seeks to create a State Police Service in each state while retaining the Nigeria Police Force as the federal policing institution. Although governors would appoint state commissioners of police, such appointments must be based on the recommendation of the State Police Service Commission and confirmed by the State House of Assembly.

To address concerns over abuse, the legislation also establishes independent State Police Service Commissions to oversee recruitment, promotions and discipline, while preserving federal jurisdiction over terrorism, treason, cybercrime and other offences with national or transnational implications.

It further empowers the Federal Government to intervene where a state’s policing capacity is overwhelmed, or national security is threatened.

However, following the Senate’s passage of the State Police Bill, the debate has become more political, with supporters arguing that the reform is overdue and critics warning about its implementation under the current administration rather than opposing state police itself.

The proposal has received broad support from governors across party lines.

The Nigeria Governors’ Forum has consistently backed the creation of state police, arguing that the current centralised policing structure has become overstretched in addressing increasingly localised security threats.

Bode George, an elder statesman and PDP chieftain, a long-time critic of President Bola Tinubu, lauded the passage of the bill for the establishment of state police, describing the move as a bold and timely step towards addressing Nigeria’s growing security challenges.

The Labour Party also threw its weight behind the proposal, describing the Senate’s action as a significant milestone in the quest to strengthen internal security through community-based policing.

Though it acknowledged concerns over possible abuse by governors, the party expressed confidence in the constitutional safeguards embedded in the amendment.

Peter Obi, the National Democratic Congress’ Presidential candidate, said he supports decentralised policing in principle but argued that implementation should be deferred until after the 2027 elections because of fears it could be politically abused.

He said, “There is a widespread, justifiable fear that state police forces could become instruments in the hands of governors.”

“Going by what Nigerians have seen so far, there is no guarantee that this administration can resist the temptation to take advantage of state policing to influence the 2027 general election by proxy.”

The ADC said it supports state police but criticised what it described as the rushed manner in which the bill was passed.

“What we are witnessing is a hurried response to a worsening security crisis, not the careful institutional planning required to build a functional, accountable, and effective policing system.”

The party also warned that the law must be accompanied by robust recruitment, funding, command and oversight structures before implementation.

Hakeem Baba-Ahmed, the national chairman of the Peoples Redemption Party, opposed implementation under the current administration.

“This is the worst possible time” to implement state police because the current government lacks the credibility required to manage such a sensitive reform.

If at least 24 State Houses of Assembly approve the measure, it will be transmitted to the President for assent, paving the way for Nigeria’s first constitutionally recognised system of State Police.

However, opposition to the proposal has remained strong among some civil society groups and political stakeholders who fear that governors may weaponise state police against political opponents.

The Human Rights Writers Association of Nigeria (HURIWA) has repeatedly warned that without stronger institutional checks, state police could become instruments of political persecution.

The Civil Society Legislative Advocacy Centre (CISLAC) has similarly argued that creating state police without strengthening accountability institutions could merely decentralise existing problems within the policing system.

Former President Olusegun Obasanjo has also, at different times, cautioned that State Police could be abused by governors unless adequate constitutional safeguards are put in place.

The debate has therefore shifted from whether Nigeria needs state police to how the proposed institutions should be insulated from political interference.

Mindful of these concerns, the National Assembly incorporated multiple safeguards into the Constitution Alteration Bill. Beyond requiring legislative confirmation of commissioners of police, the bill establishes independent oversight bodies, prescribes standards for recruitment and discipline, retains exclusive federal control over national security offences and provides mechanisms for federal intervention where state police services fail to maintain public order.

The consideration of the legislation by the 36 State Houses of Assembly is expected to generate intense political and public debate in the coming weeks.

If at least 24 state legislatures approve the amendment, the National Assembly will harmonise the resolutions of the states before forwarding the final constitutional alteration to the President for assent.

The outcome of the state legislatures’ deliberations is expected to determine whether Nigeria finally adopts a constitutionally recognised state policing system after decades of debate and several unsuccessful attempts at reform.