House of Reps passes state police bill

The House of Representatives has passed the state police bill, effectively making way for the decentralisation of the Nigerian policing architecture.

The resolution followed voting by 289 lawmakers in favour of state police during Thursday’s plenary session presided over by the Speaker, Tajudeen Abbas.

Recall that the House committed Thursday’s plenary to voting on the State Police Bill following the spike in killings, kidnappings, and banditry in the past few months.

The session was not without its fair share of drama, as shortly after the lawmakers settled down for the business of the day, Kaduna lawmaker, Bashir Zubairu, moved a point of order, explaining that the document on the proposed state police put together by the House Committee on Constitution Review got to the lawmakers only on Thursday afternoon.

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Recognised to speak by the speaker, Zubairu said, “Mr Speaker, this document was only made available to lawmakers in the chambers, and we are yet to go through it. We cannot do justice to it because we have not gone through it.”

Zubairu, a member of the African Democratic Congress, was ruled out of order, allowing the process to proceed.

While the Speaker took members through the clauses, voices shouting “Point of Order” could be heard, but the presiding officer ignored them.

Before the voting began, Abbas announced that the electronic voting system was faulty, noting that the exercise would be conducted based on attendance.

Out of the 290 members in attendance, 289 voted in favour of state police while one voted against. The Speaker abstained from voting.

The proposed amendment seeks to create a dual policing system comprising the Federal Police and State Police, as part of efforts to address the country’s growing security challenges through a more decentralised framework.

Under the proposal, Section 214 of the Constitution will be amended to formally establish both policing formations. The National Assembly will be empowered to prescribe the structure, administration and powers of the Federal Police, while also setting minimum standards for the establishment and operation of state police services.

The bill provides that no state police formation shall commence operations unless it is established through a law passed by the relevant State House of Assembly and certified as complying with national standards to be prescribed by the National Assembly.

It also states that the Federal Police will continue to exercise policing powers in any state until its police service becomes fully operational.

To guard against abuse and undue interference, the bill limits federal intervention in the affairs of state police formations. Under the proposal, the Federal Police may only intervene where there is a breakdown of law and order, upon the request of a governor, or where a state police force becomes unable to function due to administrative, financial or operational challenges.

The amendment further proposes changes to the appointment and command structure of the police.

Under the new arrangement, the Inspector-General of Police will be appointed by the President on the advice of the Nigeria Police Council from among serving members of the Federal Police, subject to confirmation by the National Assembly.

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Similarly, a State Commissioner of Police will be appointed by a governor on the advice of the Nigeria Police Council from among serving officers of the State Police, subject to confirmation by the respective State House of Assembly.

The proposal empowers governors to issue lawful directives to State Commissioners of Police on matters relating to public safety and maintenance of law and order. However, where a commissioner considers such directives unlawful or inconsistent with policing standards, the matter may be referred to the Nigeria Police Council for a final decision.

The bill also seeks to amend Section 84 of the Constitution by replacing references to the National Police Council and the Federal Police Service Commission with the Nigeria Police Council and the Police Service Commission.

The passage of the bill marks a major step in the ongoing constitutional review process and revives a long-standing national debate over the desirability of state policing as a solution to insecurity.

For the amendment to become law, it must secure concurrence from the Senate, be approved by at least two-thirds of the state Houses of Assembly and subsequently receive presidential assent.

If eventually enacted, the legislation is expected to introduce a multi-layered policing system aimed at improving responses to banditry, kidnapping, terrorism and other security threats through greater local participation in policing.