By Ebun-Olu Adegboruwa, SAN
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(Constitutional Principles and Institutional Safeguards for State Policing in Nigeria)
FOREWORD
Going by the express provisions of Section 14(2)(b) of the Constitution of the Federal Republic of Nigeria, 1999, which states that the security and welfare of the people shall be the primary purpose of government, the Federal Government of Nigeria revived the debate over state police. This was one of the major campaign promises of President Bola Ahmed Tinubu, as reflected in the now-famous APC Manifesto. An Executive Bill submitted to the National Assembly has since been harmonised in apparent readiness for its consideration and passage by the Houses of Assembly of the states.
Many Nigerians support community policing when it is meant to involve the people at the grassroots in intelligence gathering and processing, working under established procedures and guidelines that are well structured and where roles, responsibilities and powers are properly defined and understood. Given the rising state of insecurity across the length and breadth of the land, a Presidential Working Group on the National Policing Bill has since been constituted to facilitate the passage of the much-awaited state police bill, consisting of eminent personalities, experts and professionals.
Civil Society Organisations and Governance Experts working on governance, human rights, security sector reform, democratic accountability and constitutional development in Nigeria have now submitted a Memorandum to the Presidential Working Group containing very insightful comments, accompanied by a Draft Bill on National Policing, the main message being that the decentralisation of policing must not become the decentralisation of impunity. Please permit me to share highlights of the said Memorandum with you all.
Executive Summary
Nigeria stands at a defining constitutional moment. The proposed establishment of State Police represents the most significant restructuring of Nigeria’s internal security architecture since the return to democratic governance in 1999. The passage of the Constitution Alteration (State Police) Bill and the inauguration of the Presidential Working Group on the National Policing Bill have moved the debate beyond the question of whether State Police should exist. The more pressing question now is how State Police should be designed, governed and regulated to strengthen public safety while preserving constitutional democracy, national cohesion and the rule of law. The Presidency has indicated that the forthcoming National Policing Bill will address issues including minimum policing standards, state readiness certification, federal-state coordination, accountability, human rights safeguards and fiscal conditions.
This memorandum argues that the State Police debate is fundamentally a governance debate rather than merely a federalism debate.
Nigeria’s security challenges are not solely the result of excessive centralisation. They are equally the product of weak institutions, inadequate accountability, poor police welfare, insufficient training, weak investigative capacity, ineffective oversight, corruption, declining public trust and political interference. Unless these underlying governance deficits are addressed, State Police may simply decentralise existing institutional weaknesses.
The success of State Police will therefore depend less on where policing powers are located and more on the quality of institutions that govern the exercise of those powers.
This memorandum proposes a constitutional and institutional framework for State Policing built around nine pillars:
- Constitutional and Federal Design.
- Guiding Principles for State Policing Reform.
- Protection Against Political, Ethnic, Religious and Sectional Capture.
- Governance, Oversight and Accountability.
- Professional Recruitment, Vetting, Training and Doctrine.
- Community-Centred Policing.
- Human Rights and Democratic Safeguards.
- Fiscal Sustainability, Weapons Management and State Readiness Certification.
- Transition and Implementation Framework.
Our central recommendation is straightforward:
Nigeria should not merely create State Police. Nigeria should create constitutional institutions capable of governing State Police.
Introduction: The State Police Debate Is Really a Governance Debate
For decades, discussions about State Police in Nigeria have been framed primarily as debates about federalism. Proponents argue that a country as large and diverse as Nigeria requires policing institutions that are closer to communities and better able to address local security challenges. Opponents caution that State Police could become instruments of political repression in the hands of governors, particularly where institutional checks and balances remain weak. They fear that decentralising policing powers without adequate safeguards could deepen political intimidation, electoral manipulation and human rights abuses.
Both positions contain important truths. Yet, the central issue is not whether policing authority should reside in Abuja or in state capitals. The more fundamental question is whether Nigeria can design institutions capable of governing policing power responsibly, effectively and constitutionally wherever that power is located. The success of State Police will depend less on decentralisation itself and more on the constitutional safeguards, accountability mechanisms and professional standards established to govern it.
Nigeria’s policing challenges are not solely products of excessive centralisation. They also reflect deeper governance weaknesses, including poor police welfare, inadequate training, weak investigative capacity, corruption, political interference, ineffective oversight and declining public trust. Establishing thirty-six additional police services without addressing these underlying weaknesses risks decentralising institutional dysfunction rather than improving public safety.
International experience reinforces this lesson. Federal democracies such as Canada, Germany and Australia operate decentralised policing systems within constitutional frameworks that provide clear jurisdictional boundaries, independent oversight institutions and professional standards. Decentralisation succeeds because it is supported by strong governance institutions. Where such safeguards are weak, decentralised policing can become vulnerable to political capture, corruption and abuse of power.
This reality is particularly important in Nigeria because police institutions exercise significant coercive powers, including arrest, detention, investigation and the lawful use of force. In a federation characterised by diversity and intense political competition, the State Police debate must extend beyond questions of constitutional restructuring to broader issues of accountability, inclusion, political neutrality and democratic governance.
The National Policing Bill should therefore be viewed not merely as a security-sector reform but as a state-building initiative with profound implications for federalism, democracy, human rights and national cohesion. The objective is not simply to create State Police, but to establish a constitutional policing system that strengthens security, deepens democracy and ensures that the decentralisation of policing does not become the decentralisation of impunity. Ultimately, success will depend on the constitutional and institutional architecture established to govern policing power.
I. Guiding Principles for State Policing Reform
The debate on State Police has often focused on institutional structures, constitutional powers and operational arrangements. While these issues are important, institutional design alone cannot guarantee effective, accountable or democratic policing. The success of State Police will depend on the principles that guide its establishment, governance and operation. These principles should provide the normative foundation for constitutional provisions, legislation and administrative practice, ensuring that policing reform remains focused not merely on institutional form but on the public purposes policing is intended to serve.
Subsidiarity
Public responsibilities should be exercised at the lowest level capable of performing them effectively. Applied to policing, this means that security functions should be discharged as close as possible to affected communities, consistent with efficiency, accountability and national security. Local institutions are often better positioned to understand community dynamics, gather intelligence and respond to emerging threats. However, subsidiarity does not imply complete decentralisation. Threats such as terrorism, organised crime and transnational criminal activity require national coordination and capabilities. The objective should therefore be a policing architecture that allocates responsibilities to the most effective level while preserving federal coordination.
Constitutionalism
State Police must be firmly anchored in constitutionalism. Because policing institutions exercise significant coercive powers, including arrest, detention, investigation and the lawful use of force, they must remain subject to constitutional limits, judicial oversight and the rule of law. The objective is not merely to create new policing institutions but to ensure that policing authority is exercised within clearly defined legal boundaries and remains accountable to constitutional norms rather than political interests.
Accountability
The decentralisation of policing authority must be accompanied by the decentralisation of accountability. State Police cannot command public trust without effective oversight and redress mechanisms. Accountability should operate through legislative oversight, judicial review, independent complaints bodies, internal disciplinary systems, public reporting and citizen engagement. These mechanisms are essential not only for addressing misconduct but also for strengthening institutional performance and legitimacy.
Inclusion
Nigeria’s diversity requires inclusion to be a foundational principle of State Police reform. The legitimacy of policing institutions depends on whether citizens perceive them as fair, representative and impartial. Inclusion requires equitable opportunities in recruitment, promotion, deployment and leadership appointments, together with safeguards against ethnic, religious and other forms of discrimination. State Police should reflect the populations they serve and provide equal protection under the law to all communities.
Professionalism
The effectiveness of State Police will ultimately depend on the competence and integrity of its personnel. Recruitment, training, promotion and operational decision-making should be based on merit, professional standards and objective criteria rather than political patronage or sectional interests. Professional policing requires continuous investment in training, leadership development, technology and ethics, supported by a common doctrine that promotes impartiality, discipline and public service.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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