The House of Representatives has unveiled key provisions of the proposed State Police Constitution Alteration Bill, introducing far-reaching reforms aimed at establishing state police services while safeguarding them from political interference.
The bill, passed on Thursday, seeks to amend the 1999 Constitution to create a dual policing structure comprising a Federal Police Service and State Police Services, with clearly defined operational, financial and oversight responsibilities.
One of the major highlights of the legislation is the provision for direct funding of State Police Services. Under the proposal, funds allocated to a state police service will be paid directly to the institution, a move designed to prevent political manipulation through financial control.
The bill also strengthens the independence of police oversight bodies by removing the President and state governors from exercising control over the National Police Council, Federal Police Service Commission and State Police Service Commissions. It further empowers these institutions to regulate their internal procedures without executive approval.
In a significant restructuring of the National Police Council, the proposed law removes the President as chairman and excludes the 36 state governors from its membership. Instead, the council will be chaired by a presidential appointee confirmed by the National Assembly, while state Attorneys-General will represent their respective states.
The reconstituted council will also include representatives of the Federal Police Service, retired police officers from the six geopolitical zones, the National Human Rights Commission, Public Complaints Commission, Nigeria Labour Congress and the Nigerian Bar Association.
The legislation clearly outlines the responsibilities of both police structures. While the Federal Police Service will retain jurisdiction over terrorism, organised crime, cybercrime, border security, the Federal Capital Territory and other offences with interstate or international implications, State Police Services will focus on enforcing state laws, maintaining public order and protecting lives and property within their jurisdictions.
To prevent jurisdictional conflicts, state police officers will be prohibited from exercising policing powers outside their states except where permitted by an Act of the National Assembly or under reciprocal policing arrangements.
The bill also sets strict conditions for federal intervention in state policing. It provides that the Federal Police Service may only intervene after exhausting all operational support available to the state and only where there is a breakdown of public order beyond the state’s capacity, at the governor’s request, in cases of administrative collapse, serious human rights violations, partisan intimidation or threats to national security.
Any intervention must be authorised in writing by the President, with details submitted to the Governor, the State House of Assembly, the National Police Council and the National Assembly within 48 hours. Such intervention will also be subject to judicial review and cannot be used to dissolve state police services or suspend elected state institutions.
To promote grassroots security, the bill mandates the establishment of Community Policing Committees in all 774 local government areas. These committees, made up of traditional rulers, women, youth groups, persons with disabilities, civil society organisations and professional bodies, will serve only advisory roles and will not possess policing powers.
The legislation further empowers the National Assembly to set minimum national standards on recruitment, training, promotion, discipline, use of force, accountability and cooperation between the Federal and State Police Services. States may adopt higher standards but cannot operate below the national benchmark.
The proposed law also provides a transition framework, retaining the Nigeria Police Force as the Federal Police Service until individual states establish and certify their own police services in line with national standards.
Serving police officers, including the Inspector-General of Police, will automatically transition into the Federal Police Service, while the Police Service Commission and Nigeria Police Council will be redesignated as the Federal Police Service Commission and National Police Council, respectively.
The bill also bars existing vigilante groups, neighbourhood watch organisations and other local security outfits from automatically becoming State Police Services or bearing firearms unless authorised under the Constitution and an Act of the National Assembly.
The proposed constitutional amendment is expected to undergo further legislative processes before becoming law.
Credit: Guardian newspaper except headline
