House Deputy Speaker, Benjamin Kalu while giving the synopsis of the bill canvassed support from lawmakers, stressing the need for a more decentralised policing framework to effectively address the country’s growing security challenges.
The exercise was conducted manually, with members raising their hands to indicate their positions. At the end of the voting, 289 lawmakers voted in support of the bill, one member abstained, while none voted against it, reflecting overwhelming bipartisan backing for the far-reaching reform.
The proposed amendment seeks to fundamentally restructure Nigeria’s policing architecture by creating both Federal and State Police formations.
One of the key provisions of the bill alters Section 214 of the 1999 Constitution to formally establish the Federal Police and State Police. Under the proposal, the National Assembly would be empowered to prescribe the structure, organisation, administration and powers of the Federal Police, while also providing the legal framework and minimum standards for the establishment and operation of state police services.
The bill stipulates that no state police formation shall commence operations unless it is established through a law enacted by the relevant State House of Assembly and certified as complying with national minimum standards to be prescribed by an Act of the National Assembly.
The bill further provides that until a state police force becomes operational, the Federal Police shall continue to exercise policing powers and responsibilities within such states but in a bid to preserve the autonomy of state police formations and prevent undue interference, the bill limits federal intervention in the internal security affairs of states.
Under the proposed legislation, the Federal Police may only intervene where there is a complete 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 other operational challenges.
The amendment also proposes significant changes to the appointment and command structure of the police.
Under the amended Section 215 of the Constitution, the Inspector-General of Police would 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.
Similarly, a State Commissioner of Police would 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 bill empowers governors to issue lawful directives to State Commissioners of Police on matters relating to public safety and the maintenance of law and order. However, where a commissioner considers such directives unlawful or inconsistent with accepted policing standards, the matter may be referred to the Nigeria Police Council, whose decision shall be final.
The proposal also amends 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.”
With the House’s approval, the constitutional amendment bill will now proceed to the Senate for concurrence before it is transmitted to State Houses of Assembly, where it must secure the endorsement of at least two-thirds of lawmakers and thereafter receive presidential assent before becoming part of the Constitution