Emerging details of the proposed State Police bill transmitted by President Bola Tinubu to the House of Representatives seek to create constitutional pathway for the establishment of State Police services and prescription of national minimum policing standards in Nigeria.
According to the 26 clauses proposed by the Presidency, the Executive bill seeks to amend Sections 84(4), 89(2), 121(3b) by inserting a new subsection (3c), 124(4), 129(2), 153(1), 157(2), 158(1), 160 by inserting immediately after subsection (2) a new subsection (3), 197(1), 201(2) and 204.
It further seeks to amend Chapter VI Part III of the 1999 Constitution, deletion and substitution of Section 214, 215, 216, Second Schedule of the 1999 Constitution, Part I of the Third Schedule of the 1999 Constitution, Part III of the 1999 Constitution, Part III of the Fifth Schedule of the 1999 Constitution, Section 318(1), respectively.
As indicated in the explanatory memorandum of the legislative framework, the bill seeks to “preserve the Federal Police Service as the default police service in any State until a State Police Service is lawfully established and certified operational, and preserves the continuing federal policing role in every State and in the Federal Capital Territory, Abuja.
“The Bill establishes constitutional guardrails for civilian control, human rights, national minimum standards, independent police service commissions, intergovernmental cooperation, criminal information systems, firearms control, and exceptional federal intervention in State policing in cases of breakdown, serious incapacity, national security threat, or egregious abuse.”
The Bill, however, leaves the detailed organisation, procedures, operational control, certification, complaints mechanisms, grants, and implementation arrangements to subsequent Acts of the National Assembly and, where applicable, to the Laws of the Houses of Assembly of States.”
Clause 4 of the bill seeks to amend Section 121 of the Constitution by inserting immediately after subsection (3b) a new subsection (3c) as follows: “Any amount standing to the credit of a State Police Service Commission established for a State shall be paid directly to the Commission.”
Clause 5 of the bill also seeks to amend Section 124(4) of the Constitution by inserting immediately after the words “State Judicial Service Commission” the words “the State Police Service Commission, where established.”
Clause 6 of the Constitution also seeks to alter Section 129(2) by deleting the 20 words “any member of the Nigeria Police Force or by any person authorised” and substituting the words “any member of the Federal Police Service, any member of a state police service established for the State where that service has commenced operational policing, or by any person authorised.
Clause 7 of the bill also seeks to alter Section 153(1) of the Principal Act by-(a) in paragraph (l), deleting the word “Nigeria” and substituting the word “National”; and (b) in paragraph (m), inserting the word “Federal” immediately before the words “Police Service Commission”.
Clause 8 of the bill also seeks to alter Section 157(2) of the Constitution by deleting the words “Nigeria Police Council” and substituting the words “National Police Council”, and by deleting the words “Police Service Commission” and substituting the words “Federal Police Service Commission”.
Clause 9 further seeks to alter Section 158(1) of the Constitution by inserting immediately after the words “Federal Character Commission” the words “, the Federal Police Service Commission”.
Clause 10 also seeks to alert Section 160 by inserting immediately after subsection (2) a new subsection (3) as follows: “(3) Notwithstanding subsection (1) of this section, the Federal Police 19 Service Commission may, without the approval of the President, make rules regulating its own procedure or conferring powers and imposing duties on any officer or authority for the purpose of discharging its functions under this Constitution or an Act of the National Assembly.”
Clause 11 seeks to alter Section 197(1) of the Constitution by inserting immediately after paragraph (c) a new paragraph (d) as follows: “(d) where a State Police Service is established for the State pursuant to section 214 of this Constitution, a State Police Service Commission.”
Clause 12 also seeks to amend Section 201(2) of the Principal Act by inserting immediately after the words “State Judicial Service Commission” the words “the State Police Service Commission”.
Clause 13 also seeks to alter Section 202 by inserting immediately after the words “State Judicial Service Commission” the words “the State Police Service Commission”.
Clause 14 seeks to alter Section 204 by inserting immediately after subsection (1) a new subsection (1A) as follows: “Notwithstanding subsection (1) of this section, the State Police Service Commission may, without the approval or control of the Governor, make rules regulating its own procedure or conferring powers and imposing duties on any officer or authority for the purpose of discharging its functions under this Constitution, an Act of the National Assembly or a Law of the House of Assembly.”
Clause 15 also seeks to amend Chapter VI, Part III of the Constitution by deleting the sub-heading “B – Nigeria Police Force” and substituting the sub-heading “B- Federal and State Police Services”.
Clause 16 also seeks to delete Section 214 and substitute it with the following new section: “214. Federal and State Police Services: (1) There shall be a police service for the Federation to be known as the Federal Police Service; (2) There shall be established for each State of the Federation a State Police Service subject to this Constitution and an Act of the National Assembly. (3) No State Police Service shall commence operational policing unless it has been established by a Law of the House of Assembly of the State and certified as meeting national minimum standards in the manner prescribed by an Act of the National Assembly.
Clause 16(4) also provides that Unless and until a State Police Service commences operational policing under subsection (3) of this section, the Federal Police Service shall continue to perform policing functions in that State; and after such commencement, the Federal Police Service shall continue to perform federal policing functions and may provide assistance to the State Police; (5) The Federal Police Service shall be responsible for rede policing functions, including the enforcement of laws of the Federation, policing of the Federal Capital Territory, Abuja, protection of federal institutions and assets, and policing matters with inter-State, international, organised-crime, terrorism, cybercrime, arms-trafficking, border-security, national-security or other federal dimensions as may be prescribed by an Act of the National Assembly.
(6) A State Police Service shall, within the State for which it is established, be responsible for the enforcement of laws of the State, the maintenance of public safety and public order, the prevention and detection of offences within its policing competence, the protection of life and property, and such local policing functions as may be prescribed by a Law of the House of Assembly of the State, subject to this Constitution and national minimum standards prescribed by an Act of the National Assembly.
(7) A State Police Service shall not exercise police powers outside the State for which it is established except as authorised by an Act of the National Assembly.
(8) No police service, police organisation or armed body exercising police powers shall be established for the Federation, a State, a Local Government Area or any part thereof except in accordance with this Constitution and laws made pursuant to it; but nothing in this subsection shall prevent the establishment by law of unarmed traffic, emergency management, environmental, neighbourhood safety or community support services that do not exercise police powers.
(9) The Federal Police Service and every State Police Service shall cooperate, exchange information and provide mutual assistance in the manner prescribed by an Act of the National Assembly.
(10) The Federal Police Service may temporarily intervene in the internal security affairs of a State and may, to the extent necessary, assume specified operational responsibility, including temporary operational command of a State Police Service or any part thereof, only where – (a) there is an actual or imminent breakdown of public order or public safety which the State Police Service is unable or unwilling to contain; (b) the Governor of the State requests federal intervention; (c) the State Police Service is unable to function by reason of serious administrative, financial, operational or other incapacity and that incapacity creates an actual or imminent threat to public safety, public order, the enforcement of this Constitution or the protection of life and property; (d) there is substantial evidence that the State Police Service is being used for egregious or systematic violation of fundamental rights, partisan or electoral intimidation, ethnic, religious or sectional persecution, or unlawful obstruction of this Constitution, an Act of the National Assembly, a Law of the House of Assembly or an order of a court; or (e) the situation presents a substantial threat to national security, the sovereignty or integrity of the Federation, or public safety across State boundaries.
(11) An intervention under subsection (10) of this section shall be temporary, necessary, proportionate and limited to the territory, functions and period required to address the breakdown, incapacity, abuse or threat.
(12) An intervention under subsection (10) of this section shall be authorised in writing by the President and shall state the grounds, territory, functions and duration of the intervention; and notice of the intervention shall be given to the Governor of the State, the Speaker of the House of Assembly of the State, the National Police Council and the National Assembly within forty-eight hours of the start of any intervention.
(13) No intervention under subsection (10) of this section shall continue beyond such period as may be prescribed by an Act of the National Assembly unless approved by resolution of the Senate in the manner prescribed by that Act.
(14) The legality, scope, duration and conduct of an intervention under this section shall be subject to judicial review; and no intervention shall dissolve a State Police Service or suspend the elected institutions of a State except in accordance with this Constitution.”
Clause 17 further seeks to delete Section 215 of the Constitution and substitute it with the following new section: “215. Appointment, command, directions and tenure: (1) The Federal Police Service shall be headed by an Inspector-General of Police appointed by the President on the advice of the National Police Council, subject to confirmation by the Senate and to such qualifications as may be prescribed by an Act of the National Assembly.
(2) The Federal Police Service shall be under the command of the Inspector-General of Police, including contingents of the Federal Police Service stationed in a State subject to this Constitution and any Act of the National Assembly.
(3) The President, or such Minister of the Government of the Federation as the President may authorise, may give lawful directions in writing, being directions of general policy, to the Inspector-General of Police with respect to the maintenance and securing of public safety and public order.
(4) A State Police Service shall be headed by a Commissioner of Police of the State appointed by the Governor of the State on the recommendation of the National Police Council, subject to confirmation by the House of Assembly of the State and to such qualifications and national minimum standards as may be prescribed by an Act of the National Assembly.
(5) A State Police Service shall be under the command of the Commissioner of Police of the State, subject to this Constitution, an Act of the National Assembly, a Law of the House of Assembly of the State and any lawful federal intervention under section 214 of this Constitution.
(6) The Governor of a State, or such Commissioner of the Government of the State as the Governor may authorise, may give lawful directions in writing, being directions of general policy, to the Commissioner of Police of the State with respect to the maintenance and securing of public safety and public order in the State.
