Detailed Breakdown Of Proposed Constitutional Amendments for Creation of State Police Emerges

• The proposed Constitutional Amendments aim to establish both the State Police and the Federal Police in Nigeria
• The State Police will operate only after state legislation and national certification are completed
• The federal Police will oversee operations until the State Police is functional and maintain strict non-interference guidelines

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Legit.ng journalist Adekunle Dada has over 8 years of experience covering metro, government policy, and international issues

FCT, Abuja - The details of the Proposed Constitutional Amendments for the establishment of the State Police and the Federal Police have emerged.

Legit.ng reports that the Nigerian Senate disclosed that the bill for the establishment of state police will be passed this week once plenary resumes.The

According to the proposed Constitutional Amendments, State Police cannot commence operational policing until it is established by a Law of the State House of Assembly.

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The State Houses of Assembly may make laws for the establishment, organisation, administration, funding, and oversight of their State Police, but must comply with the Constitution and valid National Assembly Acts.

The State governments may set higher standards than national minimums, but not lower.

After commencement, the Federal Police handles federal policing functions and may assist the State Police.

In this article, Legit.ng highlights all the Constitutional changes for the State and Federal Police in Nigeria.

1. Establishment of Federal Police and State Police (New Section 214)

• Two distinct police bodies are constitutionally established:

• (a) the Federal Police

• (b) State established by State law)

The National Assembly must pass an Act prescribing:

• Structure, organisation, administration, and powers of the Federal Police

• Framework and guidelines for the establishment of State Police

• State Police cannot commence operational policing until:

• Established by a Law of the State House of Assembly, and

• Certified as meeting national minimum standards (prescribed by an Act of the National Assembly)

• Transitional provision: Until a State Police becomes operational, the Federal Police continues all policing functions in that State.

Key safeguard against federal overreach (Section 214(6)):

The Federal Police shall not interfere with State Police operations or a State’s internal security affairs except in these limited cases:

• To contain serious threats where there is a complete breakdown of law and order, and the State Police is unable to respond.

• When the Governor requests intervention.

• When a State Police is unable to function due to administrative, financial, or other problems.

Any such intervention requires prior approval by the National Police Council.

3. Leadership and Command (New Section 215)

• State Police: Headed by a Commissioner of Police (CP).

• Appointed by the Governor on the advice of the National Police Council, from serving members of the State Police.

• Subject to confirmation by the State House of Assembly.

• The Governor (or authorised Commissioner) may give lawful directions on public safety and order; the CP must comply.

4. Removal of Top Officers (New Section 216)

• State Commissioner of Police: Removed only by the Governor on the recommendation of the National Police Council for similar grounds. Requires two-thirds majority approval of the State House of Assembly.

5. Funding Support (New Section 216A)

The Federal Government shall provide grants or aid to State Police on the recommendation of the National Police Council, subject to approval by the National Assembly.

Presidency announces update on State Police

Recall that the Presidency said progress has been made on establishing state police as consultations advance toward constitutional amendment.

Gbajabiamila said discussions have moved to the legal framework stage, with the enabling law expected after constitutional changes.

Federal Government holds a high-level security meeting as Tinubu pushes decentralised policing to address insecurity across Nigeria.

Tinubu gives update on creation of State Police

Meanwhile, Legit.ng earlier reported that President Bola Ahmed Tinubu reaffirmed the police establishment to tackle insecurity without delays.

Nigeria's economic outlook improves as Tinubu declares the nation out of uncertainty.

Tinubu praised Borno Governor Zulum's Ramadan outreach for fostering unity among Muslims and Christians.