Nigeria's Proposed State Police Bill: Unpacking 10 Key Provisions for a Policing Overhaul

As a pivotal State Police Bill progresses towards ratification by at least twenty-four state Houses of Assembly, Mr. Dada Olusegun, the Special Assistant to the President on Social Media, has shed light on ten significant provisions poised to transform policing across Nigeria should the legislation ultimately become law. PUNCH Online reported that the proposed bill, which is still subject to further constitutional procedures, aims to decentralize law enforcement to more effectively address the nation's security challenges. Here are the ten major highlights of this groundbreaking legislative proposal:

Firstly, the existing Nigeria Police Force is slated for a name change, becoming the Nigeria Police Service. This alteration, substituting 'Force' with 'Service,' is intended to signify a move towards a more community-centric and civilian-focused policing model.

Secondly, the bill provides for the official establishment of state police. For the very first time, each of Nigeria’s thirty-six states, including the Federal Capital Territory, would gain the authority to create and manage its own police service, operating in parallel with the Federal Police Service.

Thirdly, the Nigeria Police Council is set to be restructured. Its new composition would include the President, all state governors, the Chairman of the Police Service Commission, and the Inspector-General of Police. This council would be responsible for overseeing the Federal Police Service, advising on the Inspector-General's appointment, reviewing national policing policies, and fostering cooperation between federal and state police units.

Fourthly, individual State Police Service Councils would be established. Each state would form its own council, chaired by the governor, tasked with overseeing policy, administration, and accountability for the respective state’s police service.

Fifthly, a distinct funding structure is introduced for both federal and state police services. The Federal Police Service would draw its funding from the Federation’s Consolidated Revenue Fund, while state governments would bear the financial responsibility for their individual police services.

Sixthly, new processes for appointing police leadership are outlined. The Inspector-General of Police would serve a single, non-renewable four-year term, appointed from the rank of Deputy Inspector-General or higher. Similarly, State Commissioners of Police would also serve a single four-year term, appointed by governors based on recommendations from the State Police Service Council and confirmed by the State House of Assembly.

Seventhly, the Police Service Commission will be restructured. The current commission would exclusively oversee the Federal Police Service, while each state would establish its own commission to handle appointments, promotions, disciplinary actions, and dismissals of state police officers.

Eighthly, the bill incorporates safeguards against potential abuse of power. It grants operational independence to both the Inspector-General and state Commissioners of Police, stipulating that neither governors nor the President can issue unlawful operational directives, and all executive orders must be issued in writing. Furthermore, officers would retain the right to decline unlawful instructions. A Complaints Response Unit is also proposed for every state to handle public petitions against police officers.

Ninthly, a two-year transition period is planned. Existing personnel of the Nigeria Police Force would be redeployed to either the Federal Police Service or the relevant State Police Service based on their current assignments. Their ranks, pensions, and service conditions would remain protected, with a Joint Transition Committee supervising this process over a twenty-four-month duration.

Finally, constitutional amendments are a prerequisite. Mr. Olusegun emphasized that the legislation can only come into effect alongside necessary amendments to pertinent sections of the 1999 Constitution, including modifications to the Exclusive Legislative List and the Third Schedule to accommodate the framework for state policing. The Senate recently passed the Constitution Alteration Bill on Wednesday, following a manual voting process where more than two-thirds of lawmakers voted in favor.