As Nigeria moves closer to establishing state police, concerns over political interference, arbitrary arrests and custodial abuses are putting the proposed reform’s human-rights safeguards under scrutiny.

Nigeria’s proposed state police system must be designed to protect citizens from abuse of power, human rights advocates have warned, as the constitutional amendment moves towards implementation.

The concern is that transferring policing responsibilities to state governments could bring security closer to local communities but also expose police operations to political interference, particularly where governors or powerful politicians seek to use law enforcement against critics and opponents.

The debate has gained urgency following reports on November 5 that the State Police constitutional amendment had been forwarded to President Bola Tinubu for assent after securing the required support from state legislatures.

The development marks a major step towards decentralising Nigeria’s policing structure, which has traditionally been controlled by the Federal Government through the Nigeria Police Force.

Supporters argue that state police could improve intelligence gathering, strengthen community relations and enable faster responses to crimes such as kidnapping, banditry and armed robbery.

However, rights advocates say the success of the reform will depend not only on its ability to tackle insecurity but also on whether it can prevent arbitrary arrests, torture, unlawful detention and politically motivated investigations.

A report by The Guardian published on October 27 highlighted concerns from lawyers and civil society organisations that the proposed safeguards might prove ineffective if state police oversight institutions lack financial independence and protection from political influence.

The concerns reflect a wider question about whether Nigeria can decentralise policing without reproducing existing human-rights violations at the state level.

The danger of political control

Under the proposed arrangement, state governments would have greater responsibility for establishing and managing their police services, while the Federal Government would retain the Nigeria Police Force.

An explainer published by Premium Times in June outlined provisions in the proposed framework, including the involvement of the National Police Council in policing coordination and the establishment of State Police Service Commissions to handle recruitment, discipline and personnel matters.

The proposed framework also provides for checks on the appointment of state police commissioners and allows commissioners to challenge directives considered unlawful or inconsistent with policing standards.

These provisions are intended to prevent governors from exercising unchecked authority over police operations.

However, legal and human-rights concerns remain over how independent these institutions would be in practice, particularly in states where the ruling party controls both the executive and legislature.

If appointments, funding, promotions and disciplinary decisions are influenced by political considerations, oversight bodies could struggle to investigate misconduct involving powerful government officials.

The challenge, therefore, is to ensure that state police officers answer to the law rather than the political interests of those who control state governments.

Safeguards against arbitrary arrests and unlawful detention

One of the most important tests of the proposed system will be how officers exercise their powers of arrest and detention.

Nigeria’s Constitution already guarantees fundamental rights, including the right to dignity of the human person and personal liberty. The Constitution prohibits torture and inhuman or degrading treatment and provides protections for people arrested or detained.

The Administration of Criminal Justice Act 2015 and the Police Act 2020 also provide legal rules governing arrests, detention and police conduct, while the Anti-Torture Act 2017 criminalises torture.

These laws should apply to state police officers, just as they apply to other law enforcement personnel.

But the existence of legislation does not automatically prevent violations. Effective enforcement requires proper custody records, access to legal representation, prompt medical attention, notification of relatives and independent inspections of detention facilities.

Every state police formation should also be required to maintain transparent arrest and detention records, with clear procedures for monitoring how long suspects remain in custody.

Interrogations should be properly documented, while allegations of torture, extortion or unlawful detention should trigger independent investigations rather than being handled solely by officers within the same command.

Who investigates the police?

Another major issue is the independence of institutions responsible for receiving complaints and investigating misconduct.

The National Human Rights Commission, the Police Service Commission and existing police complaint mechanisms already have roles in promoting accountability and addressing violations involving law enforcement officers.

However, the creation of state police will require clear coordination between federal and state oversight institutions.

Each state should establish a complaints mechanism that citizens can access without fear of intimidation. Such a body should have the authority, resources and independence to investigate allegations against officers, including senior commanders.

There should also be public reporting on complaints received, investigations completed, officers disciplined or prosecuted and compensation awarded to victims.

Where an allegation involves torture, unlawful killing, extortion or other criminal conduct, it should be referred for criminal investigation and prosecution where the evidence supports such action.

Human-rights organisations have also called for independent oversight bodies with sufficient financial autonomy to prevent governors and political officeholders from controlling investigations into police misconduct.

Preventing the misuse of state police during elections

The timing of the reform also raises concerns about the potential use of state police for political purposes, particularly as Nigeria approaches the 2027 general elections.

Opposition politicians, journalists, activists and protesters could be vulnerable if police powers are used to intimidate critics, disrupt lawful gatherings or pursue politically motivated investigations.

To prevent such abuses, state police operations must be guided by clear national standards on political neutrality, public demonstrations, arrest procedures and the use of force.

Officers should not be permitted to act on verbal instructions from political officeholders where those directives violate the law. Any attempt to deploy police personnel for partisan purposes should attract disciplinary and, where appropriate, criminal consequences.

Independent monitoring of police conduct during elections will also be essential, alongside effective access to courts and legal assistance for people who believe their rights have been violated.

Decentralisation must come with accountability

The proposed state police system presents an opportunity to address weaknesses in Nigeria’s centralised security structure. But its success cannot be measured only by the number of arrests made, weapons recovered or criminal suspects apprehended.

It must also be judged by how safely citizens can exercise their rights, how officers treat people in custody and whether victims of police misconduct can obtain justice.

Nigeria already has laws prohibiting torture and protecting personal liberty. The challenge is to ensure that the new policing structure does not create another layer of authority beyond effective public scrutiny.

Before state police services become operational, governments must establish independent complaints bodies, transparent detention procedures, enforceable disciplinary rules and clear limits on political interference.

Without these protections, decentralisation could simply transfer existing policing abuses from the federal level to state governments.

The ultimate test of state police will be whether they make Nigerians safer without making them more vulnerable to the abuse of state power.