Politics

Senate passes state police bill, adopts measures to prevent abuse by govs

The Senate, on Wednesday, passed the State Police Bill after abandoning its electronic voting system and adopting a manual roll-call procedure following a technical glitch that threatened to disenfranchise some lawmakers.

The chamber switched to manual voting after senators raised concerns that faulty devices could prevent participation in the crucial constitutional amendment. Under the new arrangement, each senator stood, identified themselves, and publicly stated “aye” or “nay” on the bill.

Senate Leader, Opeyemi Bamidele, moved the motion, arguing that the manual process would guarantee fairness and openness. He said the Senate must maintain a transparent process on a matter of national importance like state police.

Minority Leader Abba Moro seconded the motion. Both leaders stressed that proceeding with the faulty electronic system could exclude senators whose devices were not functioning.

The proceedings attracted top government officials including Governors Uba Sani of Kaduna, Dapo Abiodun of Ogun, Lucky Aiyedatiwa of Ondo, and Chief of Staff to the President, Femi Gbajabiamila.

As part of the move to accommodate decentralised police structure in the ongoing amendment of the 1999 Constitution, the Senate adopted clearly defined measures to constrain and prohibit state governors from using such powers for partisan, ethnic, religious, sectional, or personal purposes.

The Red Chamber also pointed out that when eventually amended, the new constitution will authorise the National Assembly to prescribe national minimum standards relating to recruitment, training, vetting, promotions, discipline, use of force, firearms, complaints procedures, accountability, data management, and professional conduct.

Leader of the Senate, Senator Opeyemi Bamidele reeled out these measures while leading debate on the Constitution of the Federal Republic of Nigeria Alteration (State Police) Bill, 2026.

Canvassing support for the bill, Bamidele first highlighted the objectives of the bill on the establishment of state police submitted to the National Assembly by President Bola Tinubu.

The Leader, who is also the Vice Chairman, Senate Ad-hoc Committee on the Review of the 1999 Constitution, pointed out that the proposal mainly sought to balance local policing autonomy with national cohesion, accountability with operational effectiveness and federal oversight with state responsibility.

He said the bill is intended to retain the Nigeria Police Force for federal policing duties while providing for the establishment of state police services in states that choose to adopt them.

Bamidele further broke down the details of the proposed police decentralised structure, noting that the state police would be responsible only for enforcing state laws, maintaining public safety and public order, preventing and detecting crimes within their jurisdiction, protecting lives and property, and other local policing responsibility.

On the responsibilities of the federal police, Bamidele noted that the federal police would be in charge of protecting federal institutions, counter-terrorism, organised crime, cybercrime, border security, arms trafficking, interstate criminal activities, and other national security matters.”

The Senate Leader clarified further circumstances in which the federal police could intervene in security situations or conditions at the sub-national level.

He explained that the interventionary powers of the federal police could only be activated when there “is outright breakdown of public order at a specific subnational entity; when a state police are incapable of functioning; when there is serious violation of fundamental rights; when there is an established record of electoral intimidation and when national security is under threat.”

Bamidele added that such intervention could only come after the President and Commander-in-Chief of the Armed Forces authorised it in writing, saying it would be limited in scope and duration, subject to Senate oversight and open to judicial review.

He further explained that the bill generally sought “to balance local policing autonomy with national cohesion, accountability with operational effectiveness and federal oversight with state responsibility.

“The bill provides robust safeguards against abuse, preserves federal authority where necessary, protects constitutional rights and creates a modern policing framework capable of addressing contemporary security challenges.

Seconding the bill, Chairman, Senate Committee on Power, Senator Eyinnaya Abaribe said that he was among those who were against the establishment of state Police at the initial stage.

However, he pointed out that the prevailing security situation across the federation necessitated the establishment of state police in order to tackle security problems.

Abaribe also urged the Senate to provide sufficient safety nets in the State Police bill to forestall a situation whereby the President of the nation might see loopholes to usurp the powers of the governor and meddle in the affairs of the state.

Also speaking in support of the bill, former Sokoto State Governor and Chairman, Senate Committee on Housing, Senator Waziri Tambuwal observed that he had remained consistent on the need for the establishment of state police .

The Chief Chip of the Senate, Senator Tahir Monguno further solicited broader support for the alteration of the 1999 Constitution to accommodate the establishment of state police in order to help respond decisively to security challenges with the subnational territories.

With passage in the Senate, the bill becomes one of the major constitutional amendments before the National Assembly. The bill was already passed in the House of Representatives.

The bill, amending Section 214 of the 1999 Constitution, establishes two police services: a Federal Police Service for the Federation and a State Police Service for each of the 36 states.

The amendment provides that no State Police Service can commence operational policing until it is established by a Law of the State House of Assembly and certified as meeting national minimum standards prescribed by an Act of the National Assembly.

It states that until a state service becomes operational, the Federal Police Service will continue policing that state. After commencement, the federal force will retain responsibility for federal functions and may assist the state service in accordance with law.

According to the legislation, the Federal Police Service will enforce laws of the Federation, police the Federal Capital Territory Abuja, protect federal institutions and assets, and handle inter-state, international, organised crime, terrorism, cybercrime, arms-trafficking, and other matters with national security dimensions.

It provides that each State Police Service will enforce state laws, maintain public safety and order, prevent and detect offences, protect life and property, and perform local policing functions prescribed by state law, all subject to national minimum standards.

By the new law, a state service cannot exercise police powers outside its state except as authorised by the National Assembly. The bill also prohibits any other armed body from exercising police powers except unarmed traffic, emergency, environmental, or community support services.

The Federal Police Service and every State Police Service must cooperate, exchange information and provide mutual assistance under rules to be set by the National Assembly.

The bill allows temporary federal intervention in a state’s internal security only where there is breakdown of order, the governor requests help, the state service is incapacitated, it is abusing rights for partisan/ethnic reasons, or there is a threat to national security across state boundaries.

Any intervention must be temporary, necessary and proportionate. The President must authorise it in writing, state grounds, territory, functions and duration, and notify the governor, state assembly speaker, National Police Council and National Assembly within 48 hours.

No intervention can continue beyond the period prescribed by an Act of the National Assembly or by the Senate. The legality, scope, duration and conduct of any intervention will be subject to judicial review.

Section 215 provides that the Federal Police Service will be headed by an Inspector-General of Police appointed by the President on the advice of the National Police Council and confirmed by the Senate.

Each State Police Service will be headed by a Commissioner of Police appointed by the governor on the council’s recommendation and confirmed by the state assembly. Both will operate under the constitution, national laws and lawful federal intervention.

The President and governors may give only lawful, general policy directions in writing. No direction can target named persons, parties or groups, or require unlawful action, rights violations, or partisan enforcement.

The IGP cannot be suspended or removed except for stated cause, after fair hearing, on council recommendation, and with approval by two-thirds of the Senate. State commissioners enjoy the same protection from their state assemblies.

Section 216 mandates the National Assembly to prescribe national minimum standards on recruitment, training, use of force, firearms and accountability. States may set higher standards but cannot go below the national baseline. An independent body will handle inspection and complaints.

The existing Nigeria Police Force will continue as the Federal Police Service until restructured. Current officers retain their posts. Existing vigilante or community outfits cannot become state police or bear arms unless authorised. The amendment is cited as the Constitution of the Federal Republic of Nigeria, 1999 (Sixth Alteration) Act, 2026.

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