This report highlights the main points of the proposed constitutional amendments that aim to reshape policing in Nigeria by creating distinct Federal and State Police Services. The goal of these amendments is to establish a decentralised policing system while ensuring that national standards, accountability measures, and coordinated security efforts are upheld throughout the Federation.
Establishment of Federal and State Police Services
Constitutional Recognition
The suggested change to Section 214 of the Constitution sets up two separate policing bodies:
- The Federal and State Police Services will be set up by individual States through legislation passed by their respective State Houses of Assembly.
Legislative Framework
The National Assembly is empowered to enact legislation prescribing:
- Let’s take a look at the structure, organisation, administration, powers, and functions of the Federal Police. We also need to consider the framework and guidelines that dictate how State Police Services are established and operate. Lastly, we should discuss the national minimum standards that apply to policing throughout the Federation.
Conditions for Operationalisation of State Police
A State Police Service may commence operations only after:
- Enactment of an enabling law by the relevant State House of Assembly; and
- Certification that the State Police Service satisfies the national minimum standards prescribed by an Act of the National Assembly.
Transitional Arrangements
Until a State Police Service is set up and fully operational, the Federal Police will continue to handle all policing duties within the State. Once the State Police Service is up and running, the Federal Police will still be in charge of federal policing tasks and can lend a hand to the State Police when needed.
Responsibilities and Jurisdiction
Federal Police Functions
The Federal Police are tasked with ensuring public safety, maintaining order, and safeguarding individuals and property across the Federation, all in accordance with the Constitution and relevant laws passed by the National Assembly.
Additionally, the Federal Police can carry out duties within a State in areas where the State has legislative authority as outlined in the Constitution.
Protection Against Federal Encroachment
To protect the autonomy of the states, the suggested Section 214(6) clearly restricts the Federal Police from interfering in the operations of State Police and their internal security matters.
Federal intervention is only allowed in the following situations:
- where there’s a serious threat that leads to a total breakdown of law and order, and the State Police can’t respond effectively;
- or when the Governor of the State makes a request; or
- if the State Police Service is struggling to operate due to administrative, financial, or other challenges, action is needed.
In these situations, it’s essential to get the National Police Council’s approval before any action can be taken.
Federal Capital Territory
The Federal Capital Territory will be solely governed and managed by the Federal Police.
Leadership and Command Structure
Inspector-General of Police
The Federal Police will be led by an Inspector-General of Police (IGP), who will:
- be appointed by the President based on the recommendations of the National Police Council,
- be chosen from the current members of the Federal Police and also
- receive confirmation from the National Assembly.
The Inspector-General is in charge of overseeing and managing the Federal Police across the country, including any Federal Police units that are stationed in the States.
The President, or a designated Minister, has the authority to issue lawful orders related to public safety and order, and the Inspector-General is obligated to carry them out.
State Commissioners of Police
Every State Police Service will be led by a Commissioner of Police (CP), who will:
- be appointed by the Governor based on the recommendations of the National Police Council.
- be selected from the current members of the State Police Service and finally,
- you must receive confirmation from the State House of Assembly.
The Governor, or a designated Commissioner, has the authority to issue lawful directives concerning public safety and order, which the Commissioner of Police is responsible for carrying out.
If a Commissioner feels that a directive is unlawful or goes against established policing standards, they can bring the issue to the National Police Council, and their decision will be final.
Removal of Senior Police Officers
Inspector-General of Police
The President can only remove the Inspector-General if the National Police Council recommends it and the National Assembly approves it with a two-thirds majority.
Grounds for removal include:
- Grave misconduct;
- Violation of applicable laws, regulations, or codes of conduct;
- Conviction for fraud or dishonesty;
- Bankruptcy; or
- Mental incapacity.
State Commissioners of Police
A State Commissioner of Police can only be removed by the Governor, and this requires a recommendation from the National Police Council along with the approval of a two-thirds majority from the State House of Assembly.
The reasons for removal are the same as those for the Inspector-General of Police.
Funding and Financial Support
The new Section 216A gives the Federal Government the green light to offer grants and financial support to State Police Services.
Such support shall be:
- Based on recommendations of the National Police Council; and
- Subject to approval by the National Assembly.
This provision aims to help States build and sustain effective policing institutions, all while making sure there’s accountability in how federal resources are used.
Oversight and Accountability Institutions
National Police Council
The current Nigeria Police Council is set to undergo a transformation, being restructured and rebranded as the National Police Council. This new council will feature a broader membership and enhanced responsibilities.
Composition
Membership shall include:
- A Chairman appointed by the President and confirmed by the National Assembly;
- The Attorney-General of the Federation;
- A serving senior Federal Police officer;
- Attorneys-General of all States;
- Retired Commissioners of Police representing each geopolitical zone;
- Representatives of the National Human Rights Commission, Public Complaints Commission, Nigeria Labour Congress, Nigerian Bar Association, and Nigerian Union of Journalists; and
- Representatives of Traditional Rulers’ Councils.
Functions
The National Police Council shall:
- Oversee appointments, promotions, and discipline within the Federal Police (excluding the Inspector-General);
- Recommend appointments of senior State Police officers, including Commissioners, Deputy Commissioners, and Assistant Commissioners of Police;
- Supervise Federal and State Police activities within constitutional limits;
- Establish national standards for training, intelligence gathering, forensic services, and operational procedures; and
- Provide assistance and advisory support to State Police Services upon request.
State Police Service Commissions
Each State shall establish a State Police Service Commission.
Composition
Membership shall include:
- A Chairman appointed by the Governor and confirmed by the State House of Assembly;
- Representatives of the National Human Rights Commission, Public Complaints Commission, Nigeria Labour Congress, Nigerian Bar Association, and Nigerian Union of Journalists;
- Retired Assistant Commissioners of Police representing each senatorial district; and
- Representatives of the State Traditional Rulers’ Council.
Functions
The Commission shall:
- Recommend qualified candidates for appointment as Commissioner, Deputy Commissioner, and Assistant Commissioner of Police;
- Appoint, discipline, and remove State Police personnel below the rank of Assistant Commissioner of Police; and
- Perform additional functions prescribed by the Constitution or legislation.
Legislative Powers and Regulatory Framework
Powers of the National Assembly
The National Assembly shall have authority to enact laws relating to:
- The establishment, organization, administration, powers, and duties of the Federal Police;
- The powers and duties of State Police Services;
- National minimum policing standards;
- Inspection, certification, and compliance mechanisms;
- Complaints and accountability systems;
- Criminal information and intelligence-sharing systems;
- Inter-governmental cooperation;
- Federal intervention procedures;
- Regulation of firearms and use of force; and
- Federal grants and financial assistance.
Powers of State Houses of Assembly
State legislatures shall have authority to enact laws governing:
- The establishment and organization of State Police Services;
- Administration, funding, and operational oversight; and
- Other matters relating to State policing.
It’s important that these laws align with the Constitution and the valid Acts of the National Assembly.
States have the flexibility to set standards that go beyond the national minimum requirements, but they can’t create standards that fall below those basic thresholds.
Additionally, federal legislation won’t allow for regular federal oversight of State Police matters like appointments, deployments, promotions, transfers, discipline, or operational command, unless there’s a situation that constitutionally justifies such intervention.
Consequential Constitutional Amendments
The suggested reforms also bring about significant changes across the Constitution, which include:
- Replacement of references to the “Nigeria Police Force” with appropriate references to the “Federal Police,” “State Police,” or “Police,” as applicable;
- Amendments to relevant constitutional provisions, including Sections 34, 35, 39, 42, 84, 89, 129, and 153;
- Revisions to the Exclusive Legislative List concerning policing-related matters such as light arms, forensic services, biometric systems, and criminal intelligence sharing; and
- Amendments to the Third Schedule to provide for the composition, powers, and functions of the National Police Council and State Police Service Commissions.
Conclusion
The suggested constitutional amendments mark a major shift in how policing is organised in Nigeria. These reforms are designed to strike a balance between decentralised policing and State-level security management while ensuring there’s national oversight, accountability, and consistent operational standards.
By creating Federal and State Police Services, bolstering oversight institutions, and setting clear jurisdictional boundaries, the amendments aim to boost public safety, enhance responsiveness to local security issues, and foster effective law enforcement throughout the Federation.
