New State Police Bill Defines Limits of Federal and State Policing Powers

Nigeria’s proposed State Police reform may finally redraw the boundaries between federal and state security powers after decades of constitutional restriction.

For 25 years, Section 214 of the 1999 Constitution prevented the establishment of any police force outside the Nigeria Police Force by stating that “no other police force shall be established for the Federation or any part thereof.”

The Constitution (Sixth Alteration) Bill, 2026, currently before the National Assembly, seeks to repeal that restriction and replace it with a dual-policing framework involving both Federal and State Police.

Two Separate Police Institutions

The proposed amendment creates the Federal Police and State Police as separate constitutional entities.

Under the new arrangement, the Federal Police would continue nationwide operations but mainly within areas covered by the Exclusive Legislative List.

Section 214(5) states that the Federal Police would maintain public security and order “to the extent provided for under this Constitution or by an Act of the National Assembly.”

State Police would handle security matters falling within state constitutional authority, including concurrent and residual matters.

The bill also gives exclusive jurisdiction over the Federal Capital Territory to the Federal Police, effectively barring State Police from operating in Abuja.

Certification Before State Police Operations

The amendment introduces strict conditions before any state can establish an operational police force.

Under Section 214(3), a state must pass enabling legislation through its House of Assembly and obtain certification confirming compliance with “national minimum standards.”

Until those standards are met, the Federal Police would continue policing the state.

The bill leaves details of those standards to a future Police Act to be passed by the National Assembly.

Deputy Speaker Benjamin Kalu described the provision as a “guardrail” against weak or substandard policing systems.

Federal Intervention Limited

One of the bill’s most significant provisions is its restriction on federal interference in state policing operations.

Section 214(6) states that once a State Police becomes operational, the Federal Police “shall not interfere with the operations of any State Police of the internal security affairs of a State.”

However, the bill permits federal intervention in three situations:

• breakdown of law and order beyond state control;
• request for intervention by a governor;
• or failure of a State Police due to administrative or financial difficulties.

Any such intervention would require approval from the National Police Council.

Distinct Chains of Command

The proposal establishes separate command systems for both forces.

The Federal Police would be headed by an Inspector-General appointed by the President based on the recommendation of the National Police Council and confirmation by the National Assembly.

State Police would be led by Commissioners of Police appointed by governors with confirmation from State Houses of Assembly.

Governors would have authority to issue directives to state commissioners, although commissioners may challenge directives considered “unlawful or contradicts general policing standards or practice” before the National Police Council.

The Council’s decision would be final.

Funding Structure Raises Questions

Despite the broad constitutional changes, the bill provides limited details on how State Police would be funded.

States would bear primary responsibility for financing their police forces, while federal support would depend on grants approved by the National Assembly following recommendations from the National Police Council.

The amendment offers no guaranteed revenue structure or funding formula.

Deputy Speaker Benjamin Kalu acknowledged concerns over the financial sustainability of State Police.

“We are looking at how to make sure that funding will not be a problem with regard to state policing,” he said.

Kalu further stated: “We’ll figure it out in the coming days.”

He argued that increased federal allocations to states under the current administration could support policing costs.

Risk of Unequal Policing Capacity

Observers have raised concerns that richer states may establish stronger State Police systems faster than financially weaker states.

States with limited resources could remain reliant on the Federal Police, creating uneven security structures across the country.

Although the bill guarantees continued federal policing where State Police are not yet operational, many implementation details are expected to be addressed in a separate Police Act once the constitutional amendment is passed.

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