President Bola Tinubu has added his voice to growing calls for the creation of state police, declaring that the move is no longer optional but a “national imperative” in the face of worsening insecurity in parts of Nigeria.
Although the demand for decentralised policing has grown louder over the years, from vice presidents to state governors, traditional rulers and civil society, the road to actualising it is paved with legal and political hurdles.
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To decentralise policing, there is a need for a constitutional amendment, which involves a rigid process. This process requires the input of a supermajority of lawmakers in both chambers of the National Assembly and the state legislatures.
In this explainer, EKO HOT BLOG breaks down the process.
What Tinubu Said About Necessity of State Police
At a high-level legislative dialogue on constitutional review and national security held in Abuja on Monday, President Tinubu (represented by Defence Minister Mohammed Badaru) said Nigeria’s centralised policing model has “outlived its usefulness”.
He called for bold constitutional amendments to allow states with the capacity and political will to establish their own police forces, arguing that Nigeria’s 1999 Constitution no longer meets the needs of a nation grappling with terrorism, cybercrime, piracy, separatism, and farmer-herder violence.
His remarks came just days after over 200 people were killed in Benue State by suspected bandits, once again underlining the urgency of more responsive and localised security mechanisms.
Step-by-Step: Amending the Constitution to Create State Police
Under the 1999 Constitution, policing is on the Exclusive Legislative List, meaning only the Federal Government has the legal power to establish and control police forces. To create state police, policing must be moved to the Concurrent List, where both the federal and state governments can legislate and operate independently within their jurisdictions.
That change, however, is easier said than done. Here is a step-by-step process for getting to the creation of state police:
1. Proposal Stage
A constitutional amendment usually begins as a bill. This can originate from the Executive (the President, Chief Justice, or government officials) or be sponsored by a member of the National Assembly as a Private Member’s Bill.
2. Legislative Review
The bill is read and debated in both chambers of the National Assembly (Senate and House of Representatives). It is then sent to the Committee on Constitution Review, which may hold public hearings and invite written submissions from stakeholders to refine or expand the proposals.
3. Voting in the National Assembly
The final draft returns to plenary, where each clause is voted on individually. To pass, each clause must be approved by at least two-thirds of all members in both chambers, not just those present.
4. State Assembly Approval
If passed by the National Assembly, the bill is sent to all 36 State Houses of Assembly. To proceed, at least 24 states must approve each clause by a simple majority. Notably, a “no” vote or even a deferred vote by a state assembly can stall progress, as only “yes” votes count towards the required 24.
5. Final Adoption and Presidential Assent
Once approved by two-thirds of the states, the amendment is returned to the National Assembly for formal adoption. The President then gives final assent, although some experts argue that amendments do not legally require presidential signature.
If the process is defeated at any stage, it must start afresh.
Why Past Attempts Have Failed
The call for state police is not new. Over the years, former Vice President Yemi Osinbajo, as well as various reform committees, governors’ forums and security summits, have recommended decentralising Nigeria’s police system.
However, these efforts have repeatedly stalled due to a lack of consensus in the National Assembly, political fears that state police may be abused by governors for repression, and concerns over funding, recruitment, and oversight mechanisms.
FURTHER READING
With Tinubu now openly endorsing the idea, backers of state policing will hope the President has the political will to push the process through and finally decentralise the Nigeria Police Force.
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