State Police Bill: Key Constitutional Amendments Reshape Nigeria’s Security Architecture

The Proposed Constitutional Amendments for the Establishment of State Police and Federal Police

1. Establishment of Federal Police and State Police (New Section 214)

• Two distinct police bodies are constitutionally established:
• (a) the Federal Police
• (b) State Police (one per State, established by State law)

The National Assembly must pass an Act prescribing:

• Structure, organisation, administration, and powers of the Federal Police
• Framework and guidelines for the establishment of State Police
• State Police cannot commence operational policing until:
• Established by a Law of the State House of Assembly, and
• Certified as meeting national minimum standards (prescribed by an Act of the National Assembly)
• Transitional provision: Until a State Police becomes operational, the Federal Police continues all policing functions in that State. After commencement, the Federal Police handles federal policing functions and may provide assistance to the State Police.

1. Responsibilities and Non-Interference (Section 214)

Federal Police is responsible for:

• Maintenance of public security, public order, and security of persons/property throughout the Federation (to the extent provided by the Constitution or National Assembly Act).
• Similar functions within a State to the extent the State has legislative power under the Constitution.

Key safeguard against federal overreach (Section 214(6)):

The Federal Police shall not interfere with State Police operations or a State’s internal security affairs except in these limited cases:

• To contain serious threats where there is a complete breakdown of law and order and the State Police is unable to respond.
• When the Governor requests intervention.
• When a State Police is unable to function due to administrative, financial, or other problems.

Any such intervention requires prior approval by the National Police Council.

Federal Capital Territory (FCT): Fully under the jurisdiction and operational control of the Federal Police.

3. Leadership and Command (New Section 215)

• Federal Police: Headed by the Inspector-General of Police (IGP).
• Appointed by the President on the advice of the National Police Council, from serving members of the Federal Police.
• Subject to confirmation by the National Assembly.
• The IGP has command over the entire Federal Police, including contingents in States.
• The President (or authorised Minister) may give lawful directions on public safety and order; the IGP must comply.
• State Police: Headed by a Commissioner of Police (CP).
• Appointed by the Governor on the advice of the National Police Council, from serving members of the State Police.
• Subject to confirmation by the State House of Assembly.
• The Governor (or authorised Commissioner) may give lawful directions on public safety and order; the CP must comply.
• If the CP believes a direction is unlawful or contradicts general policing standards, the matter can be referred to the National Police Council (whose decision is final).

3. Removal of Top Officers (New Section 216)

• IGP: Removed only by the President on the recommendation of the National Police Council for specified grounds (grave misconduct, breach of Police Act/Regulations/Code of Conduct, conviction for fraud/dishonesty, bankruptcy, or mental incapacity). Requires two-thirds majority approval of the National Assembly.
• State Commissioner of Police: Removed only by the Governor on the recommendation of the National Police Council for similar grounds. Requires two-thirds majority approval of the State House of Assembly.

3. Funding Support (New Section 216A)
   The Federal Government shall provide grants or aids to State Police on the recommendation of the National Police Council, subject to approval by the National Assembly.
4. Oversight Bodies
   National Police Council (restructured and renamed from the old Nigeria Police Council; new composition and expanded functions in Third Schedule):

• Broad membership including: Chairman (Presidential appointee confirmed by NA), Attorney-General of the Federation, serving senior Federal Police officer, Attorneys-General of all States, retired Commissioners of Police (one per geo-political zone), representatives of NHRC, Public Complaints Commission, NLC, NBA, NUJ, and Traditional Rulers’ Councils.
• Key functions: Appointment and discipline of Federal Police officers (except IGP); recommending State top officers (CP, DCP, ACP) to Governors based on State PSC lists; supervising Federal and State Police activities (within constitutional limits); setting standards for training, intelligence, forensics; assisting State Police on request.

State Police Service Commission (new body established for each State in Third Schedule, Part II):

• Composition: Chairman (appointed by Governor, confirmed by State HA), representatives of NHRC, Public Complaints Commission, NLC, NBA, NUJ, retired Assistant Commissioners of Police (one per senatorial district), and Traditional Rulers’ Council.
• Functions: Recommending three qualified candidates for CP/DCP/ACP to the National Police Council; appointment, discipline, and removal of State Police officers below the rank of Assistant Commissioner of Police; other functions as prescribed by Constitution or National Assembly Act.

1. Legislative Framework (Second Schedule – Concurrent Legislative List)

• National Assembly may make laws on: establishment/organisation/administration/powers/duties of Federal Police; powers/duties of State Police; national minimum standards for both; policing standards, inspection, certification, complaints mechanisms, criminal information systems, inter-governmental cooperation, federal intervention, use of force, firearms, grants, and accountability.
• State Houses of Assembly may make laws for the establishment, organisation, administration, funding, and oversight of their State Police — but must comply with the Constitution and valid National Assembly Acts.
• States may set higher standards than national minimums but not lower.
• National Assembly laws cannot give federal authorities routine command, deployment, appointment, promotion, transfer, discipline, or control over State Police personnel (except for explicitly authorised federal intervention).

1. Other Related Changes

• Updates to various constitutional provisions (e.g., Sections 34, 35, 39, 42, 84, 89, 129, 153) to replace references to “Nigeria Police Force” with appropriate “Police”, “Federal Police”, or “State Police” terminology.
• Exclusive Legislative List adjustments (e.g., light arms for policing purposes; fingerprints/biometrics/forensics shared with State Police; Federal Police listed separately).
• Consequential amendments to the Third Schedule for the new bodies and their compositions/powers.

The proposed constitutional amendments seeking to establish State Police alongside the Federal Police represent one of the most significant security reforms in Nigeria’s democratic history. The amendments aim to decentralize policing, strengthen local security management, and create a framework for improved coordination between federal and state law enforcement agencies.

If approved, the reforms will fundamentally alter Nigeria’s policing structure by creating two constitutionally recognized police institutions—the Federal Police and separate State Police services for each state.

Creation of Federal and State Police
Under the proposed amendment to Section 214 of the Constitution, Nigeria will operate two distinct policing systems: the Federal Police and State Police. While the Federal Police will continue to serve national security interests, individual states will be empowered to establish their own police organizations through legislation passed by their respective State Houses of Assembly.

However, State Police services will not become operational immediately upon enactment. Each state must first establish its police force through state legislation and obtain certification confirming compliance with nationally prescribed minimum standards.

Until a State Police service becomes fully operational, the Federal Police will continue carrying out all policing responsibilities within that state. Once operational, policing duties will be shared according to constitutional provisions, with the Federal Police focusing on federal responsibilities while providing assistance to State Police when necessary.

Defined Responsibilities and Limits of Authority
A major feature of the proposal is the clear separation of powers between the Federal Police and State Police.

The Federal Police will maintain responsibility for public security, public order, and the protection of lives and property across Nigeria. However, the amendment introduces safeguards aimed at preventing undue federal interference in state security matters.

Under the proposed framework, the Federal Police may only intervene in State Police operations under specific circumstances, including situations involving a complete breakdown of law and order, requests made by a state governor, or instances where a State Police service becomes unable to function effectively due to administrative or financial challenges.

Importantly, such interventions would require prior approval from the National Police Council.
The Federal Capital Territory (FCT) will remain exclusively under the operational control of the Federal Police.

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New Leadership Structure
The amendment also introduces separate leadership systems for both police organizations.
The Federal Police will be headed by an Inspector-General of Police (IGP), appointed by the President based on the recommendation of the National Police Council and subject to confirmation by the National Assembly.

Similarly, each State Police service will be led by a Commissioner of Police (CP), appointed by the Governor upon the recommendation of the National Police Council and confirmed by the State House of Assembly.

Governors and the President will retain authority to issue lawful directives relating to public safety and order. However, where a police chief believes a directive violates legal standards or established policing principles, the matter may be referred to the National Police Council, whose decision will be binding.

Strict Conditions for Removal of Police Chiefs
The proposed amendments seek to protect police leadership from arbitrary dismissal.
The Inspector-General of Police may only be removed by the President following a recommendation from the National Police Council and with the approval of a two-thirds majority of the National Assembly.

Likewise, a State Commissioner of Police may only be removed by a Governor based on a recommendation from the National Police Council and approval by a two-thirds majority of the State House of Assembly.

Grounds for removal include serious misconduct, violations of policing regulations, fraud-related convictions, bankruptcy, and mental incapacity.
Federal Support for State Police Funding
Recognizing the financial burden of maintaining state policing institutions, the proposal includes provisions for federal financial support.

Under the new Section 216A, the Federal Government may provide grants and financial assistance to State Police organizations based on recommendations from the National Police Council and approval by the National Assembly.

Expanded Oversight and Accountability Mechanisms
The constitutional amendment significantly strengthens oversight through the restructuring of the National Police Council.

The reconstituted council will include representatives from federal and state governments, legal institutions, labor organizations, media bodies, traditional rulers, and human rights agencies. Its responsibilities will include setting national policing standards, supervising police activities, recommending senior appointments, and promoting coordination between federal and state law enforcement agencies.

The proposal also creates a State Police Service Commission in every state. These commissions will oversee recruitment, discipline, and personnel management within State Police organizations while recommending qualified candidates for top leadership positions.

Legislative Powers and Operational Standards
The amendments place policing matters on the Concurrent Legislative List, allowing both the National Assembly and State Houses of Assembly to legislate on policing issues.

The National Assembly will establish national standards covering training, intelligence gathering, use of force, accountability mechanisms, forensic procedures, firearms regulation, and intergovernmental cooperation.

States, meanwhile, will be permitted to create laws governing the administration, funding, and operation of their police services, provided such laws meet or exceed national standards.

Importantly, the proposal prohibits federal authorities from exercising routine control over State Police personnel, except in constitutionally authorized intervention situations.

Broader Constitutional Adjustments
The proposed reform package also includes consequential amendments across several sections of the Constitution. References to the Nigeria Police Force will be updated to reflect the new Federal Police and State Police structure.

Additional changes cover areas such as policing powers, biometric and forensic data sharing, arms regulation, and the establishment of new oversight institutions designed to ensure accountability and professionalism across all levels of law enforcement.

What the Proposal Means for Nigeria
Supporters argue that State Police will improve grassroots security, enhance intelligence gathering, and enable quicker responses to local security challenges. They also believe the reforms will strengthen federalism by giving states greater control over internal security.

Critics, however, have expressed concerns about potential political abuse, funding challenges, and the risk of uneven policing standards across states.

If adopted, the constitutional amendments would mark a historic shift in Nigeria’s security framework, creating a decentralized policing system intended to balance national security interests with state-level law enforcement autonomy.