Former President of the Nigerian Bar Association, Olisa Agbakoba, SAN, has backed the Federal Government’s move to establish state police but stressed that the proposed system would only succeed if law enforcement institutions are shielded from political influence through constitutional safeguards.
In an open letter dated June 26 and addressed to the Secretary to the Government of the Federation, George Akume, Agbakoba praised President Bola Tinubu for forwarding an executive bill to the National Assembly seeking an amendment to Section 214 of the 1999 Constitution to allow the creation of state police.
“I commend the President for transmitting to the National Assembly an executive Bill proposing the amendment of Section 214 of the 1999 Constitution to introduce the long-awaited state police.
“This is a welcome development that will, if properly implemented, enhance public security and bring law enforcement closer to the communities it serves,” he said in the letter shared on his X handle on Tuesday.
While supporting the initiative, the senior advocate argued that the constitutional amendment should go beyond policing by strengthening the independence of public institutions from executive control.
According to him, the planned decentralisation of policing should also pave the way for additional powers to be transferred to state governments.
He listed responsibilities such as issuing driver’s licences, managing prisons, registering marriages, overseeing arbitration, regulating trade, registering business names, and other functions that could be more effectively handled at the state and local government levels.
“Having devolved policing, is it not time to consider further technical devolutions such as drivers’ licences, prisons, marriage registration, arbitration, trade regulation, registration of business names, and all other matters best suited for states and local governments, so as to relieve the federal government of responsibilities that can be more efficiently managed at the subnational level?” he asked.
Agbakoba warned that the proposed state police could face the same challenges experienced by State Independent Electoral Commissions and local governments if governors are allowed excessive control over the new security structure.
“Devolution without institutional protection is reform in name only, and history has shown that where institutions lack genuine constitutional protection, they inevitably become instruments of executive power rather than servants of the people and the Constitution,” he stated.
Drawing a comparison with South Africa’s constitutional framework, Agbakoba urged Nigeria to establish institutions whose independence is guaranteed by the Constitution, with secure tenure, protected funding, and accountability to the legislature rather than the executive.
He specifically identified the Nigeria Police Force, the Independent National Electoral Commission, the Economic and Financial Crimes Commission, the Independent Corrupt Practices and Other Related Offences Commission, the Central Bank of Nigeria, the National Judicial Council, the Attorney General, the Accountant General, the National Human Rights Commission, and the Code of Conduct Bureau as agencies that should be insulated from executive interference.
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“These institutions should enjoy security of tenure, their funding should be a direct charge on the Consolidated Revenue Fund, and their accountability should be under the supervision of the National Assembly or the State Houses of Assembly and not the President or any Governor,” he said.
The legal practitioner also proposed a multi-layered appointment process for state policestate police leadership to reduce political influence.
Under his recommendation, the Police Service Commission would nominate qualified candidates, governors would make the appointments, while the State Houses of Assembly would confirm them. He said the same arrangement should apply when removing state police chiefs.
“This architecture of shared constitutional responsibility is the surest guarantee against executive capture and the politicisation of law enforcement,” he said.
Agbakoba maintained that introducing state police without constitutional guarantees for independence would defeat the purpose of the reform.
“If the proposed state police framework is built on this constitutional architecture of independence and accountability, it is a welcome and progressive development.
If not, if state police are simply handed to governors without these protections, they will inevitably become tools of oppression, and Nigeria will have traded one problem for a far worse one,” Agbakoba said.
He called on the Federal Government to carefully consider the constitutional reforms he proposed as lawmakers continue deliberations on the state police bill.
The Senate last Wednesday approved the bill after it secured the support of more than two-thirds of senators.
Although the legislation has received backing from several stakeholders, including the speakers of the 36 State Houses of Assembly, critics have expressed concerns that the creation of state police could deepen insecurity and expose the system to abuse by state governors.