State police: Governors demand greater powers

State governors are advocating for enhanced constitutional powers regarding security operations within their jurisdictions, as well as assured funding arrangements for the proposed State Police Services. This information comes from a report detailing a high-level strategic meeting that included state Attorneys-General, legal experts, and senior security officials, which was organized by the Nigeria Governors’ Forum Secretariat in Abuja last week.

The report, published in the NGF bulletin, offers one of the most comprehensive frameworks to date for the establishment of state police in Nigeria. It outlines proposals concerning operational authority, funding strategies, personnel management, oversight mechanisms, and the relationship between federal and state policing entities.

The meeting aimed to consolidate proposals for a constitutional and institutional framework to establish State Police Services nationwide.

The report characterized the discussions as “a significant milestone in ongoing efforts to enhance the country’s security architecture through a decentralized policing system that aligns local security requirements with constitutional protections and national unity.”

This recent initiative arises amidst escalating concerns regarding increasing insecurity in various regions of the country, including terrorism, banditry, kidnapping, communal strife, and violent crimes, which have continually challenged the effectiveness of Nigeria’s centrally managed policing system.

A key outcome of the meeting was the recommendation for enhanced constitutional acknowledgment of governors’ responsibilities in coordinating security operations within their states.

The report indicated that participants assessed legislative provisions currently under review, particularly those concerning governors’ authority in security affairs.

“The meeting also evaluated provisions presently under legislative consideration, especially clauses related to the authority of governors in directing security operations within their states,” the report noted.

It was emphasized that delegates highlighted "the significance of acknowledging the constitutional role of governors in overseeing security issues within their states while implementing measures for professionalism, accountability, and operational independence."

The proposal is anticipated to rekindle discussions regarding the authority of governors in security management, a topic that has been contentious since Nigeria transitioned to democratic governance in 1999.

While governors are often referred to as the chief security officers of their respective states, they currently possess limited direct authority over police operations, as the Nigeria Police Force is still under federal jurisdiction.

The recent recommendations from the governors arise at a pivotal time in the discourse on state police, following notable advancements made by the National Assembly concerning constitutional amendments aimed at decentralizing policing.

Earlier this month, the House of Representatives endorsed constitutional amendment proposals that seek to establish state police as part of broader initiatives to reform Nigeria’s security framework and tackle ongoing security issues nationwide.

The amendment aims to modify pertinent sections of the 1999 Constitution to create a dual policing system consisting of Federal Police Services and State Police Services, granting states the authority to form their own police units through legislation enacted by their respective Houses of Assembly.

This proposal is widely viewed as one of the most significant security reforms since Nigeria’s return to democratic governance in 1999, representing the furthest advancement toward constitutional acknowledgment of state police after numerous unsuccessful attempts over the years.

The push for state police has a long history but has gained traction amid successive waves of insecurity, including militancy in the Niger Delta, the Boko Haram insurgency in the North-East, banditry in the North-West, conflicts between farmers and herders in the North-Central, and increasing incidents of kidnapping throughout the nation.

The matter was a key topic at the 2014 National Conference, where delegates advocated for the creation of state police as part of a wider constitutional reform initiative.

Over time, governors, constitutional experts, former security leaders, traditional authorities, and civil society organizations have contended that Nigeria's federal system is not compatible with a policing framework that is solely managed from Abuja.

The momentum for this change increased with the rise of regional security forces such as Amotekun in the South-West, Ebube Agu in certain areas of the South-East, and various community-oriented security initiatives in northern regions.

Proponents argue that these developments reflect an increasing need for local security frameworks that can enhance federal law enforcement efforts and provide quicker responses to local threats.

Conversely, critics have consistently cautioned that state police may be susceptible to political interference and misuse by state administrations, especially during elections and times of political unrest.

Many of these apprehensions seem to have influenced the recommendations arising from the NGF meeting, which strongly emphasize accountability, oversight, and operational autonomy.

The report also proposed a policing model founded on cooperative federalism.

According to the document, discussions focused on "establishing a policing framework grounded in cooperative federalism, where federal and state police entities function within distinctly defined constitutional and statutory boundaries."

In this proposed structure, the Federal Police Service would maintain jurisdiction over crimes deemed national in nature.

The report indicated, "Under the suggested framework, the Federal Police Service would hold exclusive authority for offenses of national importance, including terrorism, treason, drug-related crimes, and interstate criminal activities."

State Police Services would be granted the authority to address offences that fall within their constitutional jurisdictions.

The report stated, "State Police Services would be authorized to prevent, investigate, and assist in the prosecution of offences within their constitutionally designated jurisdiction, particularly those established under state laws."

This proposal aims to create a constitutional division of responsibilities between federal and state policing agencies, reserving issues such as terrorism, treason, and interstate crimes for federal jurisdiction while delegating local law enforcement duties to state police entities.

Additionally, the report indicated that stakeholders evaluated the future of the current police infrastructure in light of the proposed reforms.

According to the document, "The framework considers mechanisms for the transfer or restructuring of certain existing policing assets, commands, and facilities to bolster State Police."

The proposal indicates that current federal policing frameworks may be adjusted to facilitate the establishment and effective functioning of state-controlled police services.

Participants also focused significantly on governance and accountability mechanisms intended to prevent the misuse of the proposed policing system.

The report highlighted that "participants engaged in extensive discussions regarding the governance and oversight mechanisms necessary to ensure accountability within the proposed policing framework."

One of the proposals discussed included the addition of a rotating representative from State Attorneys-General on the National Police Council.

This recommendation is anticipated to enhance state involvement in national policing oversight and policy development while ensuring broader representation in decisions impacting law enforcement.

Funding was identified as one of the most critical issues addressed during the meeting.

Participants contended that state police would need assured and predictable funding arrangements to operate effectively and independently.

According to the report, stakeholders highlighted the necessity for explicit constitutional provisions that ensure sustainable financial support for state policing structures.

Furthermore, the report indicated that stakeholders stressed the importance of predictable and sustainable funding mechanisms to avoid making security financing discretionary, while also underscoring the need for sufficient resources dedicated to personnel training, equipment, and operational efficiency.

The participants cautioned that without assured funding mechanisms, state police services might encounter operational challenges that could compromise their effectiveness.

To tackle these issues, the meeting examined various financing options.

The report noted that stakeholders investigated complementary funding arrangements, which include transitional federal support and the creation of State Security Trust Funds aimed at fostering partnerships with the private sector and other stakeholders.

This proposal reflects existing security trust fund models implemented by certain states to bolster law enforcement agencies and other security operations.

Another significant recommendation