The Nigerian Senate approved a bill on Wednesday, 24th June, that will allow states to set up their own police forces alongside the federal police.
The bill scaled through after senators studied the report from the Committee on the Review of the Constitution, led by Deputy Senate President Barau Jibrin. Senate President Godswill Akpabio called for a vote by raising of hands and more than two-thirds of the lawmakers backed it. On the day of the debate, 87 senators were present, which is more than the 73 required to pass a change to the constitution. Senate Leader Opeyemi Bamidele opened the debate before the chamber went through each part of the bill line by line.
If the law takes effect, states will run a State Police Service while the Federal Police Service continues to operate at the national level. The Inspector-General of Police will still head the federal force, but governors will be able to appoint commissioners to lead police in their states. Those appointments must be approved by the state House of Assembly.
Governors will also be allowed to give written instructions of a general nature to their state police commissioners on issues of public safety and order. Still, the bill puts a firm limit on that power. A state commissioner cannot arrest, detain, investigate or use force against any person, political party or group just because they criticized the government. The aim is to prevent governors from using state police to target opponents.
To check abuse, the bill says the Inspector-General or any state commissioner can ask the Police Service Commission to review a directive that looks illegal or goes against national standards. The courts will have the final say. It also protects state commissioners from being removed without cause. Any suspension or sack must follow fair hearing, come on the advice of the National Police Council, and get approval from at least two-thirds of members of the state House of Assembly.
The federal police will be able to step in and take temporary control of a state police force under certain conditions. That can happen if there is a breakdown of law and order the state police cannot handle, if the governor asks for help, if the state police cannot function because of money or operational problems, if there is proof the state police is being used to violate rights or intimidate voters, or if the situation threatens national security. Any such takeover must be approved by the president, limited in time and location, and reported within 48 hours to the governor, the Speaker of the state Assembly, the National Police Council and the National Assembly. Courts can also review the decision.
The bill also requires every state to set up a State Police Service Commission. The commission will be led by a chairman and will recommend people for the job of state police commissioner to the National Police Council. It will hire other officers, handle promotions, transfers and discipline, and deal with complaints about how the state police works.
Regional security groups like Amotekun in the South-west, Ebube Agu in the South-east and Hisbah in the North will not automatically become state police. The bill says no existing local, community, vigilante or traffic outfit can turn into a state police service or carry guns unless the constitution and a future law from the National Assembly allow it.
With the Senate’s approval, the bill now moves to the House of Representatives. If the House agrees, it will be sent to all 36 state assemblies. At least 24 of them must approve it before it becomes part of the constitution.
Many top officials were in the Senate chamber to watch the vote. They included Ogun State Governor Dapo Abiodun, Ondo State Governor Lucky Aiyedatiwa, Kaduna State Governor Uba Sani, Chief of Staff to the President Femi Gbajabiamila, Director-General of the Nigeria Governors’ Forum Lateef Shittu, and some state attorneys-general. The bill will now face debate in the House of Representatives as the next step.