The Senate has passed the State Police Bill, introducing a new policing structure across the country, but with strict provisions preventing existing local and regional security outfits from automatically transforming into state police agencies or bearing firearms.
The bill, which is part of the ongoing constitutional amendment process, stipulates that security outfits such as Amotekun in the South-West, Ebube Agu in the South-East, Hisbah in parts of the North and other community-based security groups will not automatically assume the status of state police services once the law takes effect.
Under Section 25(5) of the proposed legislation, no existing state, local, community, vigilante, neighbourhood, traffic or other security outfit shall become a State Police Service merely by virtue of the constitutional amendment.
The provision further states that such organisations will not be permitted to exercise police powers or carry firearms unless specifically authorised under the Constitution and an Act of the National Assembly.
The clause is designed to ensure that any future state police formation follows a formal constitutional and legal process rather than evolving from existing regional security structures.
The Senate also included safeguards against abuse of the proposed state police system.
Under the bill, each state police service will be headed by a Commissioner of Police, appointed by the governor and confirmed by the State House of Assembly. Governors may issue lawful policy directives on matters relating to public safety and order.
However, the legislation expressly prohibits a state police commissioner from arresting, detaining, investigating or deploying force against any individual, political party or group merely for criticising the government, except in accordance with the law.
To strengthen accountability, the bill allows either the Inspector-General of Police or a State Commissioner of Police to seek a review of any directive considered unlawful or inconsistent with national policing standards. Such disputes may also be challenged in court.
The proposed law further provides that a state police commissioner cannot be suspended or removed arbitrarily. Removal must be based on stated grounds, follow the principles of fair hearing, receive a recommendation from the National Police Council and secure the approval of at least two-thirds of members of the State House of Assembly.
The legislation also outlines circumstances under which the Federal Police Service may intervene in the operations of a state police service. These include situations where public order has broken down, where a state police service becomes incapable of performing its duties, or where there is evidence of systematic abuse of powers, partisan intimidation, ethnic or religious persecution, or threats to national security.
Any federal intervention must be temporary, proportionate and authorised by the President, with the action remaining subject to judicial review.
The bill additionally proposes the establishment of a State Police Service Commission in every state to oversee recruitment, promotions, discipline and accountability within state police services.
Having secured Senate approval, the bill will now proceed to the House of Representatives for concurrence before being transmitted to the 36 State Houses of Assembly for ratification. For the constitutional amendment to take effect, it must be approved by at least 24 state assemblies.
