Special Reports

State Police: Lawyers Split Over Security Gains, Political Abuse

…Activists, Experts Outline Blueprint For Success
…PRP Opposes Tinubu’s State Police Plan, Cites Lack Of Trust

LAGOS – The passage of the State Po­lice Bill by the National Assem­bly has elicited mixed reactions from legal practitioners, with some describing it as a historic step towards addressing Nige­ria’s worsening insecurity, while others fear it could become a dan­gerous instrument of political oppression in the hands of state governors.

Leading the supporters is Se­nior Advocate of Nigeria (SAN) and policy analyst, Dr. Monday Ubani, who described the legis­lation as a major milestone in Nigeria’s constitutional and se­curity evolution, saying it aligns with the principles of federalism and brings policing closer to the people.

Ubani, who said he had long advocated state policing, argued that the country’s growing se­curity challenges, including terrorism, banditry, kidnapping, communal conflicts and armed robbery have exposed the lim­itations of an over-centralised policing system.

According to him, the passage of the bill represents a recogni­tion that local security problems require local solutions driven by those who understand the lan­guage, culture, terrain and pecu­liarities of affected communities.

“The passage of the State Po­lice Bill represents a major mile­stone in Nigeria’s quest to create a more responsive, efficient and community-oriented security framework,” he said.

The senior lawyer, however, cautioned against excessive celebration, warning that the success of the reform would de­pend largely on implementation rather than legislation.

He noted that one of the major fears surrounding state policing is the possibility that governors may deploy the outfit as an in­strument of political intimida­tion, electoral manipulation and suppression of opposition voices.

“Whether the safeguards con­tained in the bill are sufficient to achieve that objective remains an issue that can only be tested by ex­perience and implementation,” he stated.

Ubani further argued that re­cruitment, promotion, discipline and operational control of state police must be insulated from partisan political interference, while oversight institutions and the judiciary must remain vigi­lant.

Beyond concerns over po­litical abuse, the senior lawyer identified another challenge he believes could undermine the effectiveness of state policing, stating that the weakness of lo­cal government administration is one of them.

According to him, security is most effective when rooted in local communities, making intelligence gathering, conflict prevention and crime detection easier.

He maintained that state police may struggle to achieve their objectives if local govern­ments remain weak and unable to function as genuine grassroots institutions.

“A truly effective federal se­curity structure should mirror Nigeria’s three-tier system of government,” he said.

In his view, Lagos-based law­yer, Kabir Akingbolu, urged that there is need for caution while we yet jubilate over the new bill.

Akingbolu described state policing as a good innovation, but expressed fears that state governments could abuse the system once operational.

“I am one of the people that believe that the state govern­ments are going to mess it up,” he said.

According to him, state police could easily become “a weapon of destruction, a weapon of op­pression, a weapon of vendetta against political opponents or perceived enemies.”

The lawyer cited the opera­tions of State Independent Elec­toral Commissions as an exam­ple of how institutions under the control of state governments are often manipulated for partisan advantage.

“The governors are too power­ful. They are likely going to mess it up. Look at the State Indepen­dent Electoral Commissions. They will return all the mem­bers of their party as winners and never allow the opposition to win one single seat,” he argued.

Akingbolu also questioned how state police would coexist with the Nigeria Police Force, warning that jurisdictional con­flicts and operational clashes could emerge if adequate struc­tures are not put in place.

“There are a lot of challenges in a federal system like Nigeria and a pluralistic society like Nige­ria. I just hope it will not be some­thing we will regret,” he added.

Similarly, human rights law­yer, Femi Aborisade, welcomed the passage of the bill but warned against simply reproducing the existing structure and operation­al culture of the Nigeria Police Force at the state level.

“The passage of the bill on state policing by the National Assembly is a welcome develop­ment,” he said.

Aborisade argued that dem­ocratic control and community participation must be central to the new policing framework.

According to him, committees comprising elected representa­tives of communities, youths, students and professional bodies should be involved in oversight at the grassroots level.

“There should be measures for democratic control at the grassroots level by committees of elected representatives of com­munities, the youth, students and professional bodies,” he said.

The lawyer maintained that such mechanisms would help prevent abuse and ensure ac­countability.

Activists, Experts Outline Blueprint For Success

Meanwhile, Liborous Osho­ma, a lawyer and an advocate for good governance, Comrade Yinka Folarin, national pres­ident, Committee for Defence of Human Rights (CDHR), and Engr. Martin Onovo, former pres­idential candidate, have suggest­ed measures that can be adopted for effective implementation of state police.

Recall that to address fears of political abuse of state police, the bill includes provisions for independent State Police Service Commissions as well as national oversight mechanisms intended to guarantee professionalism, accountability and adherence to established policing standards.

Speaking with Daily Indepen­dent, Oshoma noted that state police will greatly improve local response time to the myriad of se­curity challenges in the country.

According to him, the fear, most times, has always been weak implementation of the rule of law culture in most of Nigeria agencies.

He stressed that a dual-layer accountability system is needed. “While you have the state manag­ing the day-to-day operational lo­gistics, we must also not remove the powers from our national par­liament. An independent judicial commission should be constitut­ed to remove absolute veto pow­ers from the police. There must be what we call the independent police service commission.

“For me, there should be provisions in the appointment of this commission from repre­sentative from the human rights community, the civil society, the members of the retired judges, the Nigerian Bar Association (NBA), Nigerian Medical Asso­ciation (MBA), and the Nigerian Union of Journalists (NUJ), so that it won’t be captured. These people shouldn’t be nominated by the governor. They would be recommended from different independent bodies. That way, they’ll ensure that safeguards are not abused.

He added that, just like the removal of a governor, a police commissioner should require at least two-third majority vote from the state House of Assembly to be appointed or removed.

“After an investigation of mis­conduct is conducted by a state judicial service commission. The power to remove will be tak­en away from the governor. The state police commissioner must also be guaranteed a non-renew­able, legally protected fixed term to insulate them from leadership and political circle. So whether the new governor is coming or an old governor, if you’re appointed as commissioner, if it’s six years, you’re guaranteed that six years, you cannot be removed.

“They shouldn’t interfere in electoral matters, political rallies and peaceful protests.”

He also suggested that the National Assembly can create an independent body that will oversight, not members of the National Assembly now. “An in­dependent body created by the National Assembly to investigate public complaints against police brutality from the state. The judg­es of the various states can cre­ate special divisions to fast track abuse against arbitrary order.”

Oshoma also advocated for finance to be properly han­dled. “The finance for the state shouldn’t come from a security vote. The state should have a legally protected percentage of funds from the consolidated reve­nue accounts and then donations for security votes. People who are to superintend and manage these funds should be drawn from cor­porate bodies to manage the secu­rity trust fund.”

Folarin suggested that the re­cruitment process of the police at the state level shouldn’t be done by the state governors but an independent body. He also advo­cated effective oversight from the national level.

He said, “I think the major concerns of Nigerians should be how effective the implementa­tion of state police can be. There shouldn’t be any form of bias or manipulation by the state gover­nors and politicians.”

According to him, the consti­tution amendment should put in place strict measures that will prevent politicians and the gov­ernors from abusing state police.

“I’ve read that there’ll be some safeguards, at the level of the state, the governors shouldn’t be given the power to appoint the state police commissioners. That should be handled by an indepen­dent body. I think at the national level, there should be more mea­sures beyond the independent police service commission, there must be provision for effective oversight at the national level.

“There should be an avenue for the citizens to be able to seek judicial redress should any ques­tionable situation arise. The re­cruitment process of these people should be vital. It’s important to know who will handle the recruit­ment and the caliber of people to be recruited, not recruiting polit­ical thugs.”

Onovo told Daily Independent that funding is very crucial and if the state police is established without proper funding, there’s no way they can tackle insecurity.

He said, “The rubber-stamp ‘Senate’ is on its usual rub­ber-stamp assignment. We don’t agree with them. State police is not an appropriate remedy for the insecurity in Nigeria today. A state police that is not funded can never be more effective than the combined strength of the Nige­ria Police Force and military that are better funded, better trained, better equipped and more expe­rienced. If we want more men, then we should recruit them for the Nigeria Police Force.

“The root cause of insecurity and terrorism in Nigeria is the importation and sponsorship of the terrorists by the ruling party. That makes the ruling party un­willing to crush these terrorists.”

PRP Opposes Tinubu’s State Police Plan, Cites Lack Of Public Trust

Meanwhile, the Peoples Re­demption Party (PRP), on Thurs­day, opposed plans by President Bola Tinubu’s administration to establish state police through a constitutional amendment, de­claring that the Federal Govern­ment lacks the moral authority and public trust needed to under­take such a far-reaching reform of Nigeria’s policing structure.

The party maintained that while Nigeria urgently needs re­forms to strengthen its security architecture, the current admin­istration lacks the level of public confidence required to drive such a fundamental change.

In a statement by its Na­tional Chairman, Dr. Hakeem Baba-Ahmed, the PRP said the push for state police was coming at a time of dwindling public confidence in government insti­tutions.

“The Peoples Redemption Party (PRP) is deeply concerned about plans by President Tinu­bu’s administration to procure state police through constitution­al amendment at a time when its credibility and competence are at an unprecedented low level in our democratic history.

“Going by precedent and re­cord, this administration will almost certainly secure what is needed to amend the constitution and actualise its desire to estab­lish state police.

“While Nigeria needs a major review and overhaul of its securi­ty and law and order institutions to address national security and create an environment that should raise citizens’ confidence and faith in leaders and critical institutions, this administration lacks the moral assets and the trust of Nigerians to undertake a major shift in the policing structure of the country,” Ba­ba-Ahmed said.

The PRP further faulted the ruling All Progressives Congress (APC) administration’s handling of security, saying its proposal for state police should be rejected.

“The APC administration has failed to manage our security structure and institutions. Its plan to engineer the emergence of state police is suspicious, and it should be rejected,” Baba-Ahmed added.

The party also urged Nige­rians to treat the next general election as a crucial democratic test before the country embarks on major constitutional and in­stitutional reforms.

“The forthcoming election should be a threshold which should be crossed with credibil­ity and popular acclaim before the nation decides on important issues such as state police struc­tures,” Baba-Ahmed said.

The PRP said the current administration should instead focus on improving security and protecting citizens nationwide.

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