OLISA AGBAKOBA (SAN)
BY FRONTLINE REPORTERS
Senior Advocate of Nigeria (SAN), Olisa Agbakoba, has endorsed the proposed establishment of state police but warned that the initiative could become a “tool of oppression” if adequate constitutional safeguards are not put in place to insulate it from political interference.
Agbakoba’s position follows the recent passage of the Constitution of the Federal Republic of Nigeria (Alteration) (State Police) Bill, 2026, by the National Assembly.
The bill, approved by the House of Representatives on June 11 and the Senate on June 24, seeks to amend Section 214 of the 1999 Constitution to create a dual policing system comprising the Federal Police Service and State Police Services.
In a letter dated June 26 and addressed to the Secretary to the Government of the Federation, George Akume, titled “Beyond State Police: Why Nigeria Must Constitutionally Insulate Its Institutions from Executive Interference,” Agbakoba described the proposed reform as a significant step toward improving security across the country.
He commended President Bola Tinubu for transmitting the executive bill to the National Assembly, saying the initiative would bring law enforcement closer to the people and strengthen public safety if properly implemented.
“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 stated.
However, the former President of the Nigerian Bar Association argued that the devolution of policing powers should be accompanied by broader constitutional reforms transferring additional responsibilities to states and local governments.
According to him, functions such as the issuance of driver’s licences, prison administration, marriage registration and business name registration should also be devolved to sub-national governments as part of a comprehensive restructuring of governance.
Agbakoba cautioned that without constitutional protections guaranteeing operational independence, state police could suffer the same fate as State Independent Electoral Commissions (SIECs) and local governments, which he said had become vulnerable to executive influence.
“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,” he warned.
Drawing lessons from South Africa’s constitutional model, Agbakoba urged the Federal Government to grant key public institutions—including the police, electoral bodies and anti-corruption agencies—constitutional independence through secure tenure, guaranteed funding and accountability to the legislature rather than the executive.
He also proposed a collaborative process for appointing and removing state police commissioners, recommending that the Police Service Commission nominate candidates, governors appoint them, and State Houses of Assembly confirm the appointments.
Meanwhile, the Senate has defended the passage of the bill, maintaining that the proposal is aimed at addressing Nigeria’s growing security challenges rather than advancing any political agenda.
The legislation includes safeguards such as legislative confirmation of state police commissioners and oversight by State Police Service Commissions.
The proposed constitutional amendment has been transmitted to the 36 State Houses of Assembly for ratification. It requires approval by at least 24 state legislatures before it can be forwarded to President Bola Tinubu for presidential assent.
If approved, the amendment will formally establish a dual policing structure comprising federal and state police services across the country.
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2026-06-29