NASS builds ‘firewalls’ against governors in new State Police Bill

The National Assembly has taken a major step toward restructuring Nigeria’s security system after approving legislation to establish state police while placing strict limits on governors’ control over the new forces.

On Wednesday, the Senate passed the Constitution of the Federal Republic of Nigeria (Alteration) (State Police) Bill, 2026 (SB. 1055), weeks after the House of Representatives approved the measure by a decisive 289-4 vote.

The Senate vote came after a temporary disruption caused by a malfunction in the electronic voting system, prompting lawmakers to switch to a manual show-of-hands procedure.

With the approval, lawmakers endorsed constitutional amendments to Sections 214, 215 and 216, paving the way for a dual policing structure consisting of a Federal Police Service and individual State Police Services.

Longstanding fears addressed

For nearly 30 years, critics of state policing have argued that governors could misuse local police commands as private political forces to intimidate opponents, influence elections and silence critics.

Senate Leader Opeyemi Bamidele said the new bill directly addresses those fears through multiple constitutional checks designed to prevent abuse.

According to Bamidele, governors are specifically barred from using state police to target political parties, individuals or groups unlawfully.

The legislation also bans the use of policing powers for “partisan, ethnic, religious, sectional or personal purposes.”

Governors’ powers restricted

Clause 17 of the bill gives governors limited authority to issue lawful written policy directives to State Commissioners of Police on matters concerning public safety and order.

But Section 17(7) restricts those powers by prohibiting commissioners from arresting, detaining or deploying force against citizens simply for criticising the government unless such actions are backed by law.

The provision is intended to shield journalists, activists, opposition figures and other critics from politically motivated harassment.

The bill also creates what lawmakers describe as an “escape hatch” for police commissioners.

If a commissioner believes a governor’s directive is unlawful or politically motivated, the matter can be escalated to the National Police Council, whose ruling becomes final and binding.

Tough conditions for removal

The legislation further limits governors’ influence by introducing strict procedures for the appointment and removal of police commissioners.

Governors cannot independently appoint or dismiss a commissioner. Appointments must first be recommended by the National Police Council before being confirmed by the State House of Assembly.

To remove or suspend a commissioner, a governor must obtain an investigative recommendation from the National Police Council and secure the backing of at least two-thirds of all lawmakers in the State House of Assembly.

Lawmakers say the process was deliberately designed to stop governors from removing police chiefs who refuse unlawful orders or resist political interference.

The bill also extends similar protections to the office of the Inspector-General of Police to ensure balance between federal and state policing authorities.

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