By Hussein Yahaya, Dalhatu Liman, Abuja & Salim Umar Ibrahim, Kano

The long-debated state police gained fresh impetus yesterday, following the passage of the bill by the Senate.

The House of Representatives had earlier passed a bill, titled “A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 to Provide for the Establishment of State Police and for Related Matters (Sixth Alteration) Bill, 2026.” But Daily Trust gathered that the House will still have to harmonise the content of the bill with that of the executive bill sent by President Bola Ahmed Tinubu and thereafter forward it to the Senate for further action.

The president had on Tuesday sent a letter to the Senate requesting speedy consideration of the legislation. Consequently, the bill was presented for its first, second, and third readings by the Leader of the Senate, Opeyemi Bamidele (APC, Ekiti Central).

Before the debate on the bill, Senate President Godswill Akpabio, who presided over the plenary, said when passed, it would be forwarded to the state Houses of Assembly for further legislative action.

Leading the debate on the bill, the senate leader noted that the piece of legislation had already undergone extensive consultations and legislative scrutiny across both chambers.

He stated that debate on the bill had been ongoing across the country for the past two years through the Senate Committee on Constitution Amendment, incorporating vital stakeholder inputs.

According to Bamidele, the bill seeks to retain the Federal Police Service (FPS) for federal policing responsibilities, establish State Police Services (SPS) for states that choose to create them, provide constitutional safeguards against abuse and political manipulation, create independent State Police Service Commissions and establish national minimum policing standards.

The lawmaker noted that the bill would promote cooperation between federal and state policing institutions, protect fundamental human rights and civil liberties, and create mechanisms for federal intervention in exceptional circumstances where public safety or national security is threatened.

Our correspondent reports that before the bill passed the third reading, a majority of the lawmakers voted in support of the alterations to all the 26 clauses slated for amendment when Akpabio put them to consecutive voice votes.

From left: Inspector General of Police, Olatunji Disu; Deputy President of the Senate, Barau I Jibrin; Chief of Staff to the President, Femi Gbajabiamila; Deputy Speaker Benjamin Kalu and Minister of Justice and Attorney General of the Federation, Lateef Fagbemi after a meeting of the committee on state police, at the State House, Abuja recently.

Provisions of the bill

According to Bamidele, the bill replaces the existing constitutional provision establishing the Nigeria Police Force. In its place, it creates an FPS for the federation, alongside an SPS for any state that chooses to establish one through legislation passed by its House of Assembly.

He noted that no SPS can commence operations unless it has been duly established by state law and certified as meeting the national minimum standards prescribed by an Act of the National Assembly.

He emphasized that the bill did not abolish or weaken federal policing; rather, it clearly assigned federal policing responsibilities to the FPS.

The senate leader further outlined a clear jurisdiction for the state police. This includes the enforcement of state laws, the maintenance of public safety and public order, the prevention and detection of crimes within their jurisdiction, the protection of lives and property, and other local policing responsibilities.

Based on a request from the executive, Section 214 of the Constitution will be amended to formally establish both police formations. The National Assembly will be empowered to prescribe the structure, administration and powers of the federal police, while simultaneously setting minimum standards for the establishment and operation of state police services.

Under the proposal, no state police formation may commence operations unless it is established through a law passed by the relevant State House of Assembly and certified as complying with the national standards prescribed by the National Assembly. Furthermore, the federal police will continue to exercise policing powers in any state until that state’s police service becomes fully operational.

The bill also defines strict limits on federal intervention in the affairs of state police formations. The federal police may only intervene if there is an outright breakdown of law and order, upon the request of a governor, or if a state police service becomes incapable of functioning due to administrative, financial or operational challenges.

Significant changes are also proposed for the appointment and command structures which include appointment of the Inspector-General of Police by the President on the advice of the Nigeria Police Council (NPC) from among serving members of the federal police, subject to confirmation by the National Assembly and the appointment of the State Commissioner of Police by the governor on the advice of the NPC from among serving officers of the state police, subject to confirmation by the respective state house of assembly.

The proposal empowers governors to issue lawful directives to state Commissioners of Police on matters relating to public safety and the maintenance of law and order. However, if a commissioner considers a directive unlawful or inconsistent with policing standards, the matter may be referred to the NPC for a final decision.

The bill seeks to amend Section 84 of the Constitution by replacing references to the National Police Council and the Federal Police Service Commission with the Nigeria Police Council and the Police Service Commission.

How we’ll prevent governors from abusing state police – Senate

The senate leader noted that one of the major concerns over the establishment of state police is the potential for political abuse by state governments. The bill, he added, directly addressed that concern by prohibiting any governor from directing a state police service to unlawfully target specific persons, political parties, groups or associations.

Bamidele further explained that the bill expressly prohibited the use of police powers for partisan, ethnic, religious, sectional or personal purposes. Additionally, it empowered the National Assembly to prescribe national minimum standards relating to recruitment, training, vetting, promotions, discipline, use of force, firearms, complaints procedures, accountability, data management and professional conduct.

These minimum standards, the lawmaker said, would ensure that state police services remain professional, accountable and compliant with national standards.

Highlighting the circumstances under which the federal police could intervene in state security matters, Bamidele explained: “The interventionary powers of the federal police could only be activated when there is an outright breakdown of public order in a specific subnational entity; when a state police service is incapable of functioning; when there is a serious violation of fundamental rights; when there is an established record of electoral intimidation; and when national security is under threat.”

He added that “such intervention could only come after the President and Commander-in-Chief of the Armed Forces authorizes it in writing. It would be limited in scope and duration, subject to Senate oversight, and open to judicial review.

“The bill generally seeks to balance local policing autonomy with national cohesion, accountability with operational effectiveness, and federal oversight with state responsibility. The bill provides robust safeguards against abuse, preserves federal authority where necessary, protects constitutional rights, and creates a modern policing framework capable of addressing contemporary security challenges.”

Speaking in support of the legislation, Senator Enyinnaya Abaribe, Chairman of the Senate Committee on Power, noted that he had initially opposed the creation of state police but now believed prevailing security challenges made it necessary.

Also backing the proposal, former Sokoto State Governor, Aminu Tambuwal, said he had consistently supported the establishment of state police.

The Senate Chief Whip, Senator Tahir Monguno, urged lawmakers to support the constitutional amendment, arguing that it would strengthen efforts to address security challenges at the subnational level.

Benefits of the bill

The senate leader said when passed into law, the bill would improve community policing, explaining that security is most effective when law enforcement personnel understand local communities, languages, customs and terrains.

He maintained that SPS would strengthen intelligence gathering and community engagement, ensure faster response to security threats, saying local policing institutions would respond more rapidly to emergencies, criminal activities and public safety concerns.

Bamidele also said the SPS would decongest federal security responsibilities, noting that the FPS would be better positioned to focus on complex federal crimes and national security challenges. He also said the bill advanced the principles of true federalism by aligning policing responsibilities with the constitutional distribution of governmental powers.

How bill will become law

With the passage of the bill by the Senate, the House of the Representatives, upon resumption will harmonise the content of the state police bill it earlier passed with that of the executive bill after which it will forward it to the Senate. The Red Chamber will then send it to the constitution amendment committee for further legislative action. When a concurrence of the bill as passed by both chambers occurs, it will be sent to the state houses of assembly. The bill must also be approved by a two-thirds majority—at least 24 of 36 state houses of assembly.

Upon securing the required approval from the states, the bill will be returned to the National Assembly for transmission to the president for assent.

Unlike other legislation, constitutional amendment bills require a broad consensus across the federation before they can take effect.

Should it eventually receive presidential assent, the amendment will pave the way for states interested in establishing their own police services to enact enabling laws through their respective houses of assembly.

However, even after the constitutional amendment comes into force, individual states will still be required to pass state police laws and meet national standards to be prescribed by the National Assembly before their police formations can commence operations.

Rowdy session at plenary

A rowdy session ensued at the commencement of the debate on the State Police Bill when Akpabio notified lawmakers of the presence of high-profile visitors. Among them were the Chief of Staff to the President, Femi Gbajabiamila, alongside the governors of Ogun, Ondo and Kaduna states.

A motion previously moved by the senate leader to suspend Order 12 of the Senate Standing Rules—which would have allowed the visitors into the chamber to observe the debate—was initially rejected by the senators.

Despite Akpabio’s appeal to lawmakers to grant the request, several senators fiercely maintained their opposition. However, the Senate President ultimately overruled the dissenting lawmakers when the motion was put to a voice vote.

The session faced further delays as the senate president spent nearly half an hour guiding lawmakers on how to cast their votes electronically for the bill.

No sooner had the explanation concluded than the senate leader announced that not all the electronic voting machines were functional. He consequently moved for the voting to be conducted manually. The motion was approved by the senators when put to a vote by Akpabio.

Analyst warns against ‘rushed’ constitutional amendment

Speaking on the debates over the proposed establishment of state police, a political analyst, Hassan Hussain, cautioned lawmakers against what he described as a hurried constitutional amendment process, arguing that history, fiscal realities and governance concerns must not be ignored.

In a series of open letters addressed to members of the National Assembly and state legislatures, Hussain, a columnist, said the push for state police appeared to be moving under a “legislative emergency,” warning that a decision of such magnitude should not be taken without broad consultation and adequate safeguards.

“The decisions you make in the coming days will shape Nigeria for generations,” he wrote, urging lawmakers to first answer what he called a fundamental question: “What exactly is the problem for which state police is the solution?”

According to him, Nigeria’s security challenges stem largely from an underfunded and understaffed police force, arguing that “the failure of one system does not automatically justify the creation of 36 new systems.”

Hussain anchored much of his argument on Nigeria’s First Republic experience, recalling how regional police forces were allegedly used by political leaders against opponents. Citing the Western Region crisis of 1962–1965, he argued that regional policing became a tool for political intimidation and repression.

Drawing from a 2026 lecture by human rights lawyer Femi Falana (SAN), Hussain noted that abuses associated with regional police were among the reasons the framers of later constitutions embraced a centralised police structure.

The analyst also questioned whether present-day political conditions offered sufficient guarantees against a repeat of such abuses.

Referring to allegations previously made against several former and serving governors, he argued that if elected officials could allegedly influence federal security institutions, concerns about direct control of state police could not be dismissed.

Beyond politics, Hussain raised concerns about funding, noting that establishing state police nationwide could cost between N589 billion and N813 billion over five years.

“Where will these funds come from? Many states still struggle with salary obligations and basic service delivery,” he added.

He warned that poorly funded state police formations could become vulnerable to corruption and misconduct if officers experienced salary delays.

“State police officers may find themselves unpaid for months, turning them into desperate men and women with arms and uniforms, a recipe for disaster,” he wrote.

Hussain further argued that ethnic diversity in many states presents another challenge. In states with multiple ethnic groups, he said, recruitment patterns could fuel perceptions of bias and deepen communal tensions.

He also highlighted emerging concerns around technology and policing, warning that artificial intelligence-driven surveillance systems and facial recognition tools might reproduce existing biases if deployed without strict oversight.

While acknowledging the need for police reform, Hussain maintained that any move toward state policing must be gradual, transparent and backed by strong constitutional safeguards.

“This is not alarmism,” he wrote. “It is a sober projection based on the historical record.”

State police will strengthen security – Retired DIG

A retired Deputy Inspector-General of Police, Muhammed Usaini Gumel, urged Nigerians to support the implementation of state police, describing it as a necessary step towards addressing the country’s security challenges.

Gumel said public hearings, contributions from opinion leaders, civil society organisations and deliberations by state governors had consistently supported the establishment of state police.

“The common position is that state police is good and will be beneficial to the country, especially considering the security challenges being experienced across Nigeria,” he said.

The retired senior officer noted that conventional security institutions such as the police, the military and the Nigeria Security and Civil Defence Corps alone could not provide all the security needs of the country without active public participation.

He stressed the need for a “whole-of-society” and “whole-of-government” approach to security, arguing that communities must work closely with government agencies to improve safety.

“When communities come together and support government efforts, it becomes easier to enhance security,” he said.

The retired DIG said the passage of the state police bill into law would mark a significant milestone, adding that Nigerians should allow the new system to operate before passing judgment on its effectiveness.

“The only thing now is to give it a try. Members of the public should support the government in implementing the policy,” he said.

He acknowledged that people often express concerns whenever major reforms are introduced, but maintained that such apprehension should not prevent the country from pursuing measures aimed at improving security.