Senior Advocate of Nigeria (SAN), Olisa Agbakoba, has endorsed the proposed establishment of state police but warned that the initiative could become a “tool of oppression” if it is not protected from political interference through strong constitutional safeguards.
His comments come amid growing debate following the National Assembly’s passage of the Constitution of the Federal Republic of Nigeria (Alteration) (State Police) Bill, 2026.
The House of Representatives passed the bill on June 11, while the Senate approved it on June 24. The proposed legislation seeks to amend Section 214 of the 1999 Constitution to create a dual policing system comprising the Federal Police Service and State Police Services.
In a letter dated June 26 and addressed to the Secretary to the Government of the Federation, George Akume, titled “Beyond State Police: Why Nigeria Must Constitutionally Insulate Its Institutions from Executive Interference,” Agbakoba welcomed the reform, describing it as a significant step toward improving security and bringing policing closer to local communities.
“I commend the President for transmitting to the National Assembly an Executive Bill proposing the amendment of Section 214 of the 1999 Constitution to introduce the long-awaited state police. This is a welcome development that will, if properly implemented, enhance public security and bring law enforcement closer to the communities it serves,” he wrote.
While supporting the proposal, the former President of the Nigerian Bar Association argued that the devolution of policing powers should form part of broader constitutional reforms that transfer additional responsibilities—including the issuance of driver’s licences, prison administration, marriage registration and business name registration—to states and local governments.
Agbakoba cautioned that without constitutional guarantees protecting the operational independence of state police, governors could misuse the institutions for political purposes.
“If state police are simply handed to governors without these protections, they will inevitably become tools of oppression, and Nigeria will have traded one problem for a far worse one,” he warned.
Drawing lessons from South Africa’s constitutional framework, Agbakoba urged the Federal Government to grant critical institutions—including the police, electoral commissions and anti-corruption agencies—greater constitutional independence through secure tenure, guaranteed funding and legislative oversight rather than executive control.
He also proposed a shared appointment process for state police leadership, recommending that the Police Service Commission nominate candidates, governors appoint them, and State Houses of Assembly confirm the appointments to ensure accountability and reduce political influence.
Meanwhile, the Senate has defended the passage of the bill, maintaining that the proposal is aimed at addressing Nigeria’s worsening security challenges rather than advancing political interests.
The legislation also provides safeguards, including legislative confirmation of state police commissioners and oversight by State Police Service Commissions.
The constitutional amendment has now been transmitted to the 36 State Houses of Assembly for ratification. It requires approval by at least 24 state legislatures before it can be forwarded to President Bola Tinubu for presidential assent.
If approved, the amendment will formally establish a dual policing structure in Nigeria, allowing both the Federal Government and state governments to operate separate police services.
