From David Onuoja, Abuja
In a serious and concerned moved, especially with the ongoing Nigeria’s security architecture and situation, the Senate on Wednesday passed the long-awaited Constitution Alteration Bill seeking the establishment of ‘State Police’, while introducing stringent safeguards to prevent governors and other political actors from abusing the new security structure.
The 25-clause legislation, approved after clause-by-clause consideration, provides a constitutional framework for states to establish and operate their own police services alongside the Federal Police Service, marking one of the most significant constitutional reforms in recent time.
Presenting this bill, the Senate Leader, Opeyemi Bamidele, said, the proposed law was deliberately crafted to address widespread concerns that state governors could weaponized state police to intimidate political opponents, suppress dissent voices and influence elections.
According to the bill, “no governor will be permitted to direct a State Police Service to unlawfully target any individual, political party, group or association, while the use of police powers for partisan, ethnic, religious, sectional or personal interests is expressly prohibited”, the amendment said.
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The legislation also establishes a robust federal oversight mechanism, empowering the Federal Government to intervene in exceptional situations, including a breakdown of public order, operational failure of a State Police Service, widespread violations of fundamental rights, partisan or electoral intimidation, or threats to national security.
Under the proposed framework, any such intervention must be authorised in writing by the President, clearly stating the reasons, affected territory, scope of operations and duration of the intervention.
The President will also be 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 of invoking the emergency powers.
To also ensure uniformity and professionalism nationwide, the bill authorises the National Assembly to prescribe minimum standards for both federal and state police institutions, covering recruitment, training, promotion, discipline, vetting procedures, the use of force and firearms management.
The legislation replaces the existing constitutional provision that recognises 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, lawmakers clarified that the passage of the bill does not automatically create state police formations across the country.
Instead, any state seeking to establish its own police service must first enact enabling laws through its House of Assembly and obtain certification that the proposed force complies with national standards set by the National Assembly.
The bill also clearly defines the responsibilities of the Federal Police Service, assigning it exclusive jurisdiction over the protection of federal institutions, policing the Federal Capital Territory, counter-terrorism operations, organised crime investigations, cybercrime, border security, arms trafficking and other offences with interstate or national security implications.
The passage of the bill comes amid growing nationwide calls for the decentralization of policing powers as a solution to persistent insecurity across the country.
Having secured Senate approval, the constitutional amendment will proceed to harmonisation with the version passed by the House of Representatives before being transmitted to the 36 State Houses of Assembly, whose approval is required for it to become part of the Constitution.
