By MELVIN KOFFA

State Police Bill Reaches Final Constitutional Stage as Focus Shifts to 36 State Assemblies

A Historic Milestone in Nigeria’s Security Reform

NIGERIA’S decades-long debate over the creation of state police has entered what may be its most decisive stage. Following the passage of identical versions of the State Police Bill by both the Senate and the House of Representatives, attention has shifted to the country’s 36 State Houses of Assembly, whose approval will determine whether one of the most significant constitutional reforms since 1999 becomes reality.

The proposal seeks to fundamentally reshape Nigeria’s policing architecture by introducing State Police Services that will operate alongside the existing Federal Police. Supporters describe the measure as a major step toward strengthening internal security, deepening federalism and improving grassroots policing. Critics, however, continue to caution against the possibility of political interference and abuse by state governments.

Unlike ordinary legislation, the bill cannot become law through presidential assent alone. As a constitutional amendment, it requires approval by no fewer than 24 State Houses of Assembly before the amendment process can be completed.

National Assembly Clears a Major Constitutional Hurdle

The Senate approved the executive bill on 24 June 2026, after considering the report of its Constitution Review Committee. More than the constitutionally required two-thirds of senators voted in support.

Weeks later, the House of Representatives also passed the bill with overwhelming support. A total of 311 lawmakers voted in favour, comfortably exceeding the constitutional threshold required for constitutional amendments.

Because both chambers passed identical versions of the legislation, there will be no need for a conference committee to harmonise differences between the two chambers. According to the House of Representatives spokesman, Hon. Akin Rotimi, the bill is now being prepared for transmission directly to the state legislatures.

The development shortens the legislative process and places the future of the proposal squarely in the hands of state lawmakers.

How the Proposed State Police Structure Will Operate

The proposed constitutional amendment establishes a dual policing system in which both federal and state police services operate simultaneously.

Under the proposal, the Inspector-General of Police will continue to lead the Federal Police Service, while each state will have its own Commissioner of Police.

Governors will nominate State Commissioners of Police, subject to confirmation by their respective State Houses of Assembly.

The bill also grants governors authority to issue lawful policy directives relating to public safety and public order.

However, the legislation introduces safeguards intended to prevent governors from using state police as political instruments. Commissioners would be prohibited from using police powers against political opponents, critics or groups except where authorised by law.

The proposal also provides due process for removing state police commissioners. Their suspension or removal would require recommendations from the National Police Council and approval by two-thirds of the relevant State House of Assembly.

Checks, Balances & Constitutional Safeguards

One of the central features of the proposed law is the extensive oversight framework designed to address long-standing fears about political abuse.

The bill establishes State Police Service Commissions responsible for recruitment, promotion, discipline, transfers and oversight of officers.

If disputes arise over directives issued by governors, either the Inspector-General or a State Commissioner may request a review by the appropriate Police Service Commission.

Judicial review also remains available, ensuring that courts retain the authority to determine whether directives or interventions violate constitutional provisions.

Legal analysts view these mechanisms as deliberate attempts to balance state autonomy with institutional accountability.

Existing Regional Security Outfits Face New Constitutional Limits

The bill also settles a longstanding question regarding existing regional security organisations.

Community security outfits such as Amotekun, Ebube Agu and Hisbah will not automatically become State Police Services.

Neither will they possess constitutional policing powers or carry firearms unless authorised under the Constitution and an Act of the National Assembly.

This provision preserves a clear legal distinction between community security organisations and constitutionally recognised police institutions.

Federal Government Retains Emergency Powers

Although states will gain greater policing authority, the Federal Government will continue to exercise oversight under clearly defined circumstances.

Federal intervention will be permitted where a State Police Service becomes unable or unwilling to maintain public order, where governors request assistance, where security threats cross state boundaries or where evidence of widespread human rights abuses emerges.

Such intervention must remain temporary, proportionate and subject to judicial review.

The President will also be required to notify affected governors, state legislatures, the National Police Council and the National Assembly within 48 hours whenever intervention occurs.

These provisions seek to preserve national security while preventing arbitrary federal interference in state policing.

State Assemblies Become the Decisive Constitutional Gatekeepers

With federal legislative approval completed, political attention has shifted to the 36 State Houses of Assembly.

The Conference of Speakers of State Legislatures has already endorsed the proposal, describing it as an important milestone in Nigeria’s constitutional evolution.

Its Chairman, Delta State House of Assembly Speaker Hon. Emomotimi Dennis Guwor, argued that community-based policing would strengthen intelligence gathering, improve crime prevention and allow security personnel to better understand local languages, cultures and terrain.

The Conference also pledged to subject the proposal to detailed scrutiny through stakeholder engagements, legislative debates and public consultations where necessary.

The coming weeks are therefore expected to determine whether Nigeria finally adopts one of its most debated constitutional reforms after decades of national discussion.