The National Assembly has taken a historic step toward overhauling Nigeria’s security architecture by passing the Constitution of the Federal Republic of Nigeria (Alteration) (State Police) Bill, 2026, paving the way for the establishment of state police while introducing strict constitutional safeguards to prevent abuse by state governors.
The Senate passed the landmark bill on Wednesday after the House of Representatives had earlier approved the executive proposal on June 11 with an overwhelming vote of 289 to 4. Despite a temporary failure of the electronic voting system, senators adopted a manual show-of-hands process, with more than the required two-thirds majority voting in favour of the legislation.
The bill seeks to amend Sections 214, 215 and 216 of the 1999 Constitution, ending the Federal Government’s exclusive control of policing by creating a dual policing structure comprising the Federal Police Service and separate State Police Services.
A major concern that delayed state policing for decades was the fear that governors could use state police to intimidate political opponents, suppress journalists, and manipulate elections. To address these concerns, lawmakers incorporated multiple constitutional safeguards, described as “firewalls,” to prevent political misuse of the new security outfit.
Leading the debate, Senate Leader Opeyemi Bamidele said the legislation expressly prohibits governors from directing state police to target individuals, political parties, groups or associations unlawfully. The bill also bans the use of police powers for partisan, ethnic, religious, sectional or personal interests.
Under Clause 17(6), governors are permitted to issue lawful written directives of a general policy nature to the State Commissioner of Police on matters relating to public safety and public order.
However, Clause 17(7) immediately limits that authority by providing that a State Commissioner of Police cannot arrest, detain, investigate or deploy force against any individual, political party or group merely for criticising the government unless such action is carried out in accordance with the law. The provision is intended to protect opposition figures, activists, journalists and other citizens from political persecution.
The legislation also empowers a State Commissioner of Police to reject any directive considered unlawful, unconstitutional or inconsistent with accepted policing standards. In such cases, the commissioner may refer the matter to the National Police Council, whose decision will be final and binding.
The bill further shields State Commissioners of Police from arbitrary removal by governors. Appointments will be made based on recommendations from the National Police Council and must be confirmed by the State House of Assembly.
Similarly, a governor cannot suspend or remove a commissioner without first obtaining an investigative recommendation for a stated cause from the National Police Council and securing the approval of not less than two-thirds of all members of the State House of Assembly.
Lawmakers said these measures are designed to ensure that commissioners cannot be dismissed for refusing unlawful directives or resisting political pressure, thereby guaranteeing operational independence and accountability within the proposed state police system.
The legislation also extends similar protections to the office of the Inspector-General of Police, ensuring a balanced framework for both federal and state policing under the new constitutional arrangement.