By Pekky Legal
There is huge news flying everywhere that the National Assembly has passed the Constitutional Amendment Bill for State Police. Both the House of Representatives and the Senate have voted overwhelmingly to change how policing works in Nigeria.
But before you think Governors can start recruiting state police tomorrow morning, you need to understand the true legal position. Here is exactly what the bill changes, what the effects will be, and why it is NOT a working law just yet.
1. The New Dual Police Structure (What the Bill Changes)
Right now, under Section 214 of the 1999 Constitution, Nigeria is only allowed to have one single, centrally controlled police force (the Nigeria Police Force).
The newly passed State Police Bill fundamentally changes this by moving policing from the “Exclusive List” to the “Concurrent List”. This creates a Dual Policing Structure:
Federal Police: Will continue to handle national security, federal crimes, and interstate policing. They will also manage national minimum security standards.
State Police: Individual states can now establish, fund, and control their own local police forces to tackle community-level crimes, kidnapping, and local banditry.
The Major Legal Effects
If this bill successfully crosses the finish line, here is how the power dynamics will shift:
Governors Get Power: State Governors will have the power to appoint their own Commissioners of Police (subject to confirmation by their State House of Assembly). They won’t have to wait for orders from Abuja to deploy local security.
🔸 Federal Safeguards: To stop Governors from using state police to bully political enemies, the bill blocks state police from targeting citizens for criticizing the government.
🔸 Federal Intervention: The Federal Police can still take over a state’s security if there is a total breakdown of law and order, or if the state police force fails administratively or financially.
3. Why It Does Not Apply Right Now (The Remaining Hurdles)
This bill is not yet a law and nobody can form a state police force today. Because it alters the 1999 Constitution, passing at the National Assembly is only step one.
Before it becomes an active law, it must pass through these mandatory legal processes:
1. The 36 State Assemblies: The bill will now be transmitted to all 36 states. At least two-thirds (24 out of 36) of the State Houses of Assembly must vote and approve it.
2. Presidential Assent: After 24 states pass it, it goes to President Bola Tinubu for his final signature (Assent).
3. State Laws: Even after the President signs it, an individual state cannot just start policing. That state’s House of Assembly must pass a local law establishing its force, which must then be certified as meeting national minimum standards.
Until all of these happen, the centralized Federal Police remains the only legal police force across Nigeria
Do you think State Police will cure or worsen insecurity in Nigeria?
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