Insulate state police from governors’ control, Agbakoba tells National Assembly

Senior Advocate of Nigeria (SAN) and former President of the Nigerian Bar Association (NBA), Olisa Agbakoba, has backed the proposed establishment of state police but warned that the initiative could become a tool for political oppression unless it is insulated from the influence of state governors.

In a memorandum addressed to the Secretary to the Government of the Federation (SGF), Senator George Akume, Agbakoba commended President Bola Tinubu for transmitting an executive bill to the National Assembly seeking to amend Section 214 of the 1999 Constitution to pave the way for state police.

He described the move as a significant step toward improving community policing and strengthening security at the grassroots. However, he cautioned that without robust constitutional safeguards, decentralizing policing could simply transfer existing challenges from the federal level to the states.

Agbakoba argued that several state institutions expected to operate independently have gradually come under the influence of governors, citing State Independent Electoral Commissions (SIECs) and local government councils as examples.

“Devolution without institutional protection is reform in name only,” Agbakoba said. “History has shown that where institutions lack genuine constitutional protection, they inevitably become instruments of executive power rather than servants of the people. If state police are simply handed to governors without these protections, Nigeria will have traded one problem for a far worse one.”

To prevent state police from being used against political opponents, journalists or civil rights groups, the senior lawyer proposed a constitutional framework that would guarantee operational independence.

Under his proposal, the Police Service Commission would be responsible for identifying and vetting qualified candidates for the office of state police commissioner before forwarding a shortlist to the governor. The governor would then nominate one candidate from the list, subject to confirmation by the State House of Assembly through a public screening process.

Agbakoba also recommended that the same multi-layered procedure should apply to the removal of a state police commissioner, ensuring that officers cannot be dismissed for refusing unlawful or politically motivated directives.

In addition, he urged lawmakers to guarantee the financial autonomy of state police by making their funding a direct charge on the Consolidated Revenue Fund rather than leaving it at the discretion of state executives.

Beyond policing, Agbakoba called on the National Assembly to use the ongoing constitutional amendment process to devolve additional responsibilities from the federal government to the states. He listed correctional services, marriage registration, driver’s licence issuance, vehicle registration, regional trade regulation and business name registration among functions that could be transferred to subnational governments.

The memorandum comes as lawmakers continue deliberations on the Constitution Alteration Bill, with stakeholders expressing divergent views on the proposed state policing framework. While supporters argue that decentralized policing will improve security and emergency response, critics have called for strong safeguards to prevent political interference and abuse of power.