Why I Still Worry About State Police in Nigeria

I believe many Nigerians think we need state police to tackle the growing insecurity in our country. After years of discussions, the Senate passed a bill on Wednesday to create state police in Nigeria. This law will set up a state police system to work alongside the federal police. Clause 17 of the bill talks about who will be in charge. It states that the Federal Police will be led by the Inspector-General of Police, while the State Police will be led by a Commissioner of Police chosen by the state governor. This appointment needs to be approved by the state’s House of Assembly. According to Section 17(6), a state governor can give written orders to the State Police Commissioner on how to maintain public safety and order.

Many people worry that state governors might misuse state police against their political rivals. To address this, Section 17(7) says the State Police Commissioner cannot arrest, detain, or use force against anyone criticizing the government unless they follow the law. This part aims to stop state police from being used against political critics or opponents. It makes sure any actions taken must follow the law and due process.

Section 17(8) allows the Inspector-General of Police or a state Commissioner of Police to ask the Police Service Commission to review any orders that seem unlawful or against national standards. This section also states that the courts still have the power to intervene. Section 17(10) explains that a state Commissioner of Police cannot be suspended or removed without a valid reason. This must follow fair hearing practices and get the National Police Council's recommendation and approval from two-thirds of the state’s House of Assembly.

After the Senate passes this bill, it will go to the House of Representatives for approval. If the lower chamber agrees, it will then be sent to the 36 State Houses of Assembly for ratification. For this change to take place, at least two-thirds of the states, which means 24 state assemblies, must approve it.

The bill states: “No existing state, local, community, vigilante, neighbourhood, traffic or other security outfits shall, by reason only of this Act, become a State Police Service or exercise police powers or bear firearms unless authorised in accordance with this Constitution and an Act of the National Assembly.” This means that current security groups like Amotekun, Ebube Agu, and Hisbah cannot automatically become state police agencies and cannot carry guns under this new law.

Section 15(10) mentions that the Federal Police can step in temporarily in a state's internal security matters. This includes taking charge of a State Police Service if there is a breakdown of public order that the State Police cannot handle. As someone who believes in federalism, I have always supported the idea that police should be controlled by states. In the past, I have pushed for state police. Now, I am worried because there is a lot of evidence that it could be misused despite the safeguards mentioned. Still, many Nigerians support state police because they think it can better deal with local security issues. They believe local police would know their communities well and be more effective against crime and terrorism. The idea is that local officers would easily identify troublemakers and deal with them. But I worry about who gets to define these troublemakers.

State police will be set up based on the wishes of governors, even with some limits in the proposed law. For governors, troublemakers are often clear. They include politicians who challenge them for power and those who criticize them. Over the years, many critics, including journalists and activists, have faced unjust detention for speaking out against their governors. Governors often use law enforcement to target their enemies. I believe most governors would jail their perceived enemies if they had a police force they could control.

In 2018, during discussions about establishing state police, the late Abubakar Tsav, a retired police commissioner, argued that creating state police would lead to the country’s disintegration. He said governors would use state police against their political opponents. He also pointed out that state and federal police could end up working against each other.

Another concern I have is the deep ethnic and religious divides in Nigeria today. Many governors think they can use their police to deal with others. For instance, the conflicts between herders and farmers are worsening, and some governors seem to want to either protect or remove herders in their states. This could create more identity conflicts and deepen the problems Nigeria faces today. As Commissioner Tsav warned in 2018: “Our politicians are not civilised enough and tolerant of opposing views and cannot preside over a competent and impartial police force.”

Some argue that the Nigerian Police Force acts like puppets for the president, doing his bidding against his enemies. They say state police could balance this out. I think it’s unfair to say the Nigeria Police are fully biased. Federal institutions generally manage issues more fairly than state ones. The federal system allows for better checks and balances between the executive, legislature, and judiciary. The National Assembly can hold the Inspector General of Police accountable in ways a state assembly cannot.

I know the police system has flaws, as a large part of the police budget goes to the headquarters while state commands get little. This makes the state police dependent on governors for funding, which leads them to follow the governor's orders. But improving this situation is easier than having a fully state-controlled police force.

The real issue is that the police are not as effective as they should be. We need to make them better. One core problem is that about 150,000 of the 350,000 police officers are tied up with VIP protection instead of regular policing. Every Police IG has promised to stop using police officers for VIPs but has not delivered. Past presidential orders to withdraw police officers from unauthorized persons and VIPs have been ignored. The police struggle with effectiveness because too many officers are busy serving a few privileged Nigerians. President Tinubu should start by tackling this problem.