State Police Bill builds safeguards against Governors' abuse, passes Senate

By Johnson Arua

The Senate on Wednesday passed the long-awaited constitutional alteration bill seeking the establishment of State Police across Nigeria, with strong legal safeguards aimed at preventing governors and other political actors from abusing the proposed security outfit.

The 25-clause bill, which provides the constitutional framework for the creation of State Police Services, was approved after a clause-by-clause consideration.

Lawmakers said the legislation would strengthen internal security while promoting true federalism.

Leading debate on the bill, Senate Leader Opeyemi Bamidele said the proposed law was deliberately drafted to address concerns that governors could misuse state police to intimidate political opponents, suppress dissent, or persecute opposition parties.

To prevent such abuse, the bill expressly prohibits any governor from directing a State Police Service to unlawfully target any individual, political party, group, or association. It also forbids the use of state police for partisan, ethnic, religious, sectional, or personal interests.

The legislation further provides for federal intervention in exceptional circumstances, including a breakdown of public order, inability of a State Police Service to function effectively, serious violations of fundamental rights, partisan or electoral intimidation, and threats to national security.

Under the bill, any federal intervention must be authorised in writing by the President, stating the reasons, scope, affected territory, functions, and duration of the intervention.

The President is also required to notify the state governor, the Speaker of the State House of Assembly, the National Police Council, and the National Assembly within 48 hours.

To ensure uniformity and professionalism, the National Assembly is empowered to establish minimum national standards for both federal and state police institutions.

These standards will cover recruitment, training, vetting, promotion, discipline, use of force, and firearms management.

The bill replaces the current constitutional provision establishing only the Nigeria Police Force with a dual policing structure comprising a Federal Police Service and State Police Services for states that choose to establish them.

However, senators stressed that State Police would not come into existence automatically. Any state intending to establish its own police service must first enact the necessary legislation through its House of Assembly, while the proposed force must meet the national minimum standards prescribed by the National Assembly.

The bill also defines the responsibilities of the Federal Police Service, including the protection of federal institutions, policing the Federal Capital Territory, counter-terrorism operations, investigations into organised crime and cybercrime, border security, arms trafficking, inter-state criminal activities, and other matters affecting national security.

According to the Senate, the proposed law is expected to improve community policing, enhance rapid response to security threats, and enable the Federal Police Service to concentrate on terrorism, organised criminal networks, and other cross-border crimes.

The passage of the bill follows increasing calls for the decentralisation of policing powers as part of broader efforts to tackle Nigeria's security challenges.

Having been passed by the Senate in the form transmitted by President Bola Tinubu, the bill will now be harmonised with the version passed by the House of Representatives before being transmitted to the State Houses of Assembly for consideration in line with the constitutional amendment process.