ABUJA — Nigeria is moving toward a monumental constitutional restructuring of its internal security architecture. The proposed amendments introduce a dual-policing system, establishing distinct Federal Police and State Police forces to address the nation’s evolving security challenges.

This framework seeks to balance local autonomy with national standards, aiming to enhance grassroots security while curbing the potential for political abuse.

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

• Establishment: Constitutionally creates two distinct police bodies: (a) Federal Police and (b) State Police (one per State, established by State law).

• National Assembly Act: Must prescribe the structure, organization, administration, and powers of the Federal Police, as well as guidelines for State Police.

  

• Operational Readiness: State Police cannot commence operations until established by a State Law and certified as meeting national minimum standards.

• Transitional Provision: The Federal Police retains all functions until a State Police is operational. Afterward, the Federal Police handles federal functions and assists State Police as needed.

2. Responsibilities and Non-Interference (Section 214)

• Federal Police: Maintains security throughout the Federation.

• Non-Interference Safeguard (Section 214(6)): Federal Police cannot interfere with State Police/internal security affairs except for:

  • Containing serious threats/breakdown of order where the State Police cannot respond.

  • Requests from the Governor.

  • Incapacity of State Police due to administrative or financial issues.

• Intervention Requirement: Any intervention needs prior National Police Council approval.

• FCT: Remains under the exclusive control of the Federal Police.

3. Leadership and Command (New Section 215)

• Federal Police: Headed by an IGP appointed by the President, advised by the National Police Council, and confirmed by the National Assembly. President may give lawful directions.

• State Police: Headed by a Commissioner of Police (CP) appointed by the Governor, advised by the National Police Council, and confirmed by the State House of Assembly. Governor may give lawful directions.

• Dispute Mechanism: If a CP finds a direction unlawful, they can refer it to the National Police Council for a final decision.

4. Removal of Top Officers (New Section 216)

• IGP: Removed by the President on National Police Council recommendation for grave misconduct/incapacity, requiring a 2/3 majority approval from the National Assembly.

• CP: Removed by the Governor on National Police Council recommendation for similar grounds, requiring a 2/3 majority approval from the State House of Assembly.

5. Funding Support (New Section 216A)

• The Federal Government provides grants/aids to State Police based on National Police Council recommendations, subject to National Assembly approval.

6. Oversight Bodies

• National Police Council (Restructured): Includes the President, AGF, senior police officers, all State AGs, retired officers, and representatives from civil society (NBA, NLC, NUJ, etc.). Functions: Appointment/discipline of Federal officers, supervising standards, and assisting State Police.

• State Police Service Commission (New): Established in each state to handle recruitment and discipline of officers below the rank of Assistant Commissioner of Police.

7. Legislative Framework (Second Schedule)

• National Assembly: Laws regarding federal organization, national minimum standards, forensics, intelligence, and use-of-force protocols.

• State Houses of Assembly: Laws regarding the establishment, funding, and oversight of their State Police, provided they meet national minimums.

• Protection: Federal authorities cannot have routine control over State Police personnel deployment or promotion.

8. Other Related Changes

• Consequential updates to Sections 34, 35, 39, 42, 84, 89, 129, and 153.

• Amendments to the Exclusive Legislative List regarding shared forensics and distinct jurisdiction for arms/biometrics.