Constitutional Hurdles Remain as State Police Public Hearing Closes Today

By Eshioromeh Sebastian

The window for Nigerians to have their say on the proposed state police framework shuts at 5 pm today, even as the constitutional roadblocks that have long stalled the reform remain firmly in place.

Femi Gbajabiamila, Chief of Staff to the President and head of the Presidential Working Group on the National Policing Bill, announced the Wednesday deadline for public submissions, calling on citizens to channel their views on the proposed legislation before the cut-off.

He emphasised that the exercise is designed to enrich the bill with grassroots perspectives and professional insights, particularly on thorny issues such as political interference, oversight mechanisms, officer misconduct, and intelligence coordination between federal and state forces.

However, Gbajabiamila made it clear that the public hearing does not sidestep the National Assembly, which ultimately holds the authority to amend, reject, or pass the bill once transmitted.

He urged Nigerians to weigh in on crucial questions: how to insulate state police from gubernatorial overreach, who should handle probes into serious infractions, and how federal and state security apparatuses can share intelligence across borders without friction.

“For too long, the debate has been boxed into a false choice—either effective local policing or protection from political abuse. Nigeria requires both,” Gbajabiamila stated.

He argued that the country can achieve community-based policing while upholding national standards, independent oversight, and firm citizen protections. “The time to fix policing in Nigeria is now, and we must see the work through,” he added.

A key concern that Gbajabiamila repeatedly underscored was the potential for governors to weaponise state police against opponents, protesters, journalists, or minority communities. He insisted that any framework must embed robust safeguards to prevent such abuses.

“Proximity does not guarantee justice,” he remarked, acknowledging that while local policing has advantages, the risk of political manipulation is real and must be addressed in the legislation itself.

He outlined that state police services must operate within constitutional boundaries, adhere to human rights standards, and remain subject to the rule of law. Recruitment, training, equipping, and supervision must meet national benchmarks, while citizens should have accessible complaint and oversight channels.

The proposed reform, he said, aims to deliver policing that is “closer, faster and better informed by local conditions,” enabling officers who understand community languages, terrains, and crime trends to gather intelligence and respond swiftly to threats.

Yet he reiterated that no political affiliation should determine who gets protection. “The law must protect citizens regardless of who holds office. It must protect opposition parties, peaceful protesters, journalists and minority communities. It must make unlawful orders easier to resist, misconduct easier to investigate and political interference harder to hide,” he declared.

Turning to the legislative journey ahead, Gbajabiamila noted that Section 214 of the constitution currently recognises only the Nigeria Police Force, meaning a constitutional amendment is non-negotiable for state police to materialise.

He disclosed that while both legislative chambers have given initial approval to constitutional changes that would create separate Federal and State Police Services, the process remains incomplete.

The amendment must still pass through remaining legislative stages, secure ratification by at least 24 state assemblies, and finally receive presidential assent—a sequence of hurdles that keeps state police firmly in the realm of proposal for now.

Gbajabiamila added that the Presidential Working Group is simultaneously drafting the National Policing Bill, which will set national benchmarks for recruitment, vetting, training, pay, pensions, equipment, conduct rules, use of force, discipline, independent oversight, and inter-agency cooperation.

Even if the constitutional amendment and the bill eventually become law, he clarified that state police would not appear automatically across all states.

“Each state that chooses to establish a service will still need its own enabling law, institutions and funding. It must also meet the national conditions for operation before its officers can begin policing,” Gbajabiamila explained.

He concluded that states unprepared to establish their own forces would continue to rely on the Nigeria Police Force.