Kunle Adelabu
A major step towards constitutional amendments to establish state police was achieved on Thursday, as the House of Representatives unanimously passed the State Police Bill.
It was gathered that a total of 289 lawmakers voted in favour of the bill.
A constitutional amendment bill requires two third of members (240) voting in favour of the amendment before it can pass.
Speaking on the bill, Deputy Speaker of the House and Chairman of the House Committee on Constitution Review, Benjamin Kalu said there was a national consensus on the need to have state police.
He said the creation of state police will reduce the response time to issue of insecurity while getting the people who understand the terrain in the various states involved in policing the communities. He appealed to the members to give maximum support to the creation of the state police.
The bill containing 18 clauses and cited as the Constitution of the Federal Republic of Nigeria (Sixth Alteration) Bill, 2026 seeks to provide for the alteration of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered) to provide for the establishment of State Police.
It seeks to alter the provisions of sections 34, 35, 39, 42, 84, 89, 129, 153, 197, 214, 215, 216 as well as the first, second and third schedules to the constitution, while “substituting the word Nigeria Police Force for the word Police”.
The Law makes provision for the appointment and discipline of the Commissioner of Police, the composition of the State Police Service Commission as well as the operational modalities of the state police.
It gives governors powers to give directives to the Commissioners of Police with respect to the maintenance and securing of public safety, and at the sane time, allows the Commissioner of Police to request that such directive be referred to the National Police Council for review when he feels that the direction given is unlawful or contradicts general policing standards or practice.
The bill also states that the decision of the National Police Council on an order to state Police Commissioners by their governors on such matters shall be final.
The bill passed by the House of Reps, also expressly stated in subsection 3 and 4 that:
(3) No State Police shall commence operational policing unless it has been established by a Law of the House of Assembly of the State and certified as meeting national minimum standards in the manner prescribed by an Act of the National Assembly.
(4) Unless and until a State Police commences operational policing under subsection (3) of this section, the Federal Police shall continue to perform policing functions in that State; and after such commencement, the Federal Police shall continue to perform federal policing functions and may provide assistance to the State Police in accordance with law.
It also provides that:
(5) The Federal Police shall – (a) be responsible for the maintenance of public security, preservation of public order and security of persons and property throughout the Federation to the extent provided for under this Constitution or by an Act of the National Assembly; and (b) be responsible for the maintenance of public security, preservation of public order and security of persons and property within a State to the extent that the State has power to make laws under this Constitution.
It also made provisions for the appointment of the Inspector General of Police by altering the provisions of Section 215 to provide that:
(1) The Federal Police shall be headed by an Inspector-General of Police who shall be appointed by the President on the advice of the National Police Council from among serving members of the Federal Police, subject to confirmation by the National Assembly.
(2) The Federal Police shall be under the command of the Inspector-General of Police, including contingents of the Federal Police stationed in a State.
(3) The President or such other Minister of the Government of the Federation as he may authorise in that behalf may give to the Inspector-General of Police such lawful directions with respect to the maintenance and securing of public safety and public order as he may consider necessary, and the Inspector-General of Police shall comply with those directions or cause them to be complied with.
(4) A State Police shall be headed by a Commissioner of Police who shall be appointed by the Governor of the State on the advice of the National Police Council from among serving members of the State Police subject to confirmation by the State House of Assembly.
(5) The Governor or such other Commissioner of the Government of the State as he may authorise in that behalf may give to the Commissioner of Police such lawful directions with respect to the maintenance and securing of public safety and order as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with
The bill providing for funding of the state police structure says that “the Federal Government shall provide grant or aids to State Police on the recommendation of the National Police Council subject to the approval of the National Assembly”
The law also makes substantial alteration of the second and third schedule to the constitution stating that “the National Assembly may make laws for the Federation or any part thereof with respect to – (a) the establishment, organisation, administration, powers and duties of the Federal Police; (a) the powers and duties of the State Police; (b) national minimum standards for Federal and State Police; (c) policing standards, inspection, certification, complaints, criminal information systems, inter – governmental cooperation, federal intervention, use of force, firearms, grants and accountability; and (d) any matter necessary to give effect to sections 214 to 216 of this Constitution.
Similarly, it provides that “A House of Assembly of a State may make laws for the establishment, organisation, administration, funding, and oversight of a State Police for that State, subject to this Constitution and to any Act of the National Assembly validly made under subparagraph (1) of this paragraph.”
It also provides that “A Law of a House of Assembly may prescribe standards higher than national minimum standards but shall not prescribe or apply standards lower than national minimum standards.
“No Act of the National Assembly made under this paragraph shall confer on any federal authority routine command, deployment, appointment, promotion, transfer, suspension, dismissal or disciplinary control over any member of a State Police, except to the extent expressly authorised by this Constitution for federal intervention under this Constitution or an Act of the National Assembly; and the enforcement of national minimum standards shall not amount to routine operational or personnel control over a State Police.”
Following the unanimous passage by the House of Representatives, the bill requires concurrent passage by the Senate after which it will be sent to the State Houses of Assembly.
