The proposal seeks to amend the 1999 Constitution to permit the creation of state police alongside the existing Nigeria Police Force, which operates under federal control.
Under Section 9(2) of the Constitution, constitutional amendments require approval by at least two-thirds of the members of both chambers of the National Assembly and resolutions supporting the proposal from at least two-thirds of the 36 state Houses of Assembly.
The Senate and the House of Representatives approved the proposed amendment in June and July, respectively. Following their approval, the Clerk to the National Assembly, Kamoru Ogunlana, transmitted the bill to the state legislatures for consideration.
The 25 states that have approved the proposal are Ogun, Delta, Plateau, Kwara, Adamawa, Edo, Osun, Oyo, Rivers, Zamfara, Abia, Akwa Ibom, Anambra, Bayelsa, Benue, Cross River, Ekiti, Enugu, Gombe, Imo, Kaduna, Nasarawa, Taraba, Yobe and Kebbi.
With 25 state assemblies backing the proposal, the bill has exceeded the constitutional requirement of 24 state assemblies, representing two-thirds of the 36 states.
Proposed Changes to Nigeria’s Policing Structure
Nigeria currently operates a centralised policing system under which the Nigeria Police Force is controlled by the Federal Government. Policing is also placed on the Exclusive Legislative List, limiting the ability of state legislatures to establish independent police forces.
If the proposed amendment becomes law, policing would be moved to the Concurrent Legislative List, allowing both the National Assembly and state legislatures to enact laws on policing and related security matters within their respective areas of responsibility.
The proposed framework would establish separate federal and state police structures, with each operating under defined jurisdictions and responsibilities.
Under the arrangement outlined in the proposal, the Nigeria Police Force would continue to provide policing services in a state until that state establishes its own police formation.
Once operational, the state police would assume responsibility for policing within its jurisdiction, while the federal police would retain duties assigned to it under federal law.
The proposal also envisages limited federal intervention in the administration and internal security operations of state police formations under specified circumstances.
These circumstances could include a serious breakdown of law and order that exceeds the capacity of a state police force, a formal request for federal assistance by a state governor, or situations in which a state police formation becomes unable to function because of administrative, financial or other challenges.
The proposed provisions are intended to define the relationship between federal and state police authorities while retaining a mechanism for federal support during exceptional security situations.
Next Steps in the Amendment Process
With the required number of state assemblies having endorsed the proposal, the National Assembly is expected to complete the remaining legislative procedures before transmitting the constitutional amendment to President Bola Tinubu for assent, in accordance with the constitutional process.
The development follows years of debate over the merits and risks of decentralising policing in Nigeria. Supporters have argued that state police could improve local intelligence gathering, strengthen responses to community-level security threats and enable law enforcement to respond more quickly to local needs.
However, concerns about possible political interference, inadequate funding, human rights violations and the potential misuse of state police by governors have also featured in discussions on the reform.
The proposed framework’s implementation would therefore require clear operational rules, effective oversight and safeguards to protect the independence and professionalism of law enforcement personnel.
Meanwhile, the Presidential Working Group on Police Reform has disclosed that the National Policing Bill would soon be sent to the National Assembly. The proposed legislation is expected to support the Federal Government’s broader plans to reform Nigeria’s policing system.
Although the endorsement by 25 state assemblies represents a major milestone, the final legal steps and subsequent implementation arrangements remain essential to determining how the proposed state police system would operate.
If completed, the reform would mark a significant change in Nigeria’s security structure, giving states a constitutional basis to establish their own police forces while retaining a federal policing institution.
