State Police vs Police State, By Olufunke Baruwa

Nigeria may finally be on the verge of one of the most consequential constitutional reforms since the return to democratic rule in 1999. Last week, the Senate passed the Constitution Alteration Bill establishing State Police, moving the country closer to abandoning one of the world’s most centralised policing systems. The proposal, which still requires approval by at least 24 State Houses of Assembly before it becomes law, seeks to create state police services operating alongside the federal police, with governors empowered to appoint Commissioners of Police, subject to legislative confirmation. It also contains safeguards intended to prevent political abuse.

The development has predictably reopened one of Nigeria’s oldest constitutional debates. Should policing remain exclusively under federal control, or should states be trusted with their own police services?

For every Nigerian who believes state police is long overdue, another fears it could become nothing more than an instrument of political intimidation. The question before us is therefore not simply whether Nigeria needs state police. It is whether Nigeria can build state police without becoming a police state.

The Case for State Police

Few would argue that Nigeria’s current policing architecture, as it is currently structured, is working.

A country of over 230 million people, spread across vastly different geographical, cultural and security environments, relies largely on a single centrally controlled police force headquartered in Abuja. The result is painfully obvious. Response times are slow. Intelligence gathering is weak. Officers are frequently deployed to communities they neither understand nor speak the local language. Governors are constitutionally designated as the chief security officers of their states, yet they possess little operational authority over the police officers expected to secure those states.

Meanwhile, insecurity has become frighteningly diverse. The North-East continues to battle insurgency. The North-West grapples with banditry and mass kidnappings. The North-Central experiences recurring farmer-herder conflicts. The South-East faces separatist violence. The South-South contends with oil theft, while urban centres across the country battle armed robbery, cultism and organised crime.

Expecting one central command to effectively manage these vastly different threats has become increasingly unrealistic. Analysts argue that decentralised policing could improve response times, strengthen intelligence gathering and allow officers with local knowledge to respond more effectively to emerging threats.

Indeed, Nigeria has already experimented with decentralisation, albeit informally. Regional security outfits such as Amotekun, Ebube Agu and Hisbah emerged largely because states were searching for solutions that the federal policing structure could not adequately provide. State police merely formalise what insecurity has already forced upon the federation.

Federalism, after all, is built upon the principle that power should be exercised as close to the people as possible. If states can manage education, healthcare, transportation and taxation, why should security remain almost entirely centralised?

The Fear of a Police State

Yet, the strongest argument against state police is not about security. It is about power. Nigeria’s democratic history offers little comfort to those who fear abuse.

Many governors already wield enormous influence over state institutions. State assemblies are frequently accused of acting as extensions of executive power rather than independent legislatures. Local governments often operate with limited autonomy. In several states, political opposition struggles to function freely, while journalists, activists and civil society organisations sometimes face intimidation.

Against that backdrop, giving governors operational influence over armed police formations understandably raises alarm. Critics worry that state police could become tools for election manipulation, harassment of opposition figures, suppression of peaceful protests and persecution of political critics. Rather than protecting citizens, state police could end up protecting incumbents.

These fears are not imaginary. Nigeria’s political history is filled with examples of security agencies being used for partisan purposes, even under federal control. Those who oppose state police therefore ask a simple question: if existing institutions have sometimes been politicised, why should citizens believe that state-controlled police will behave differently?

Perhaps recognising these concerns, the Senate included several safeguards in the proposed legislation. Among them is a provision prohibiting state police from arresting, detaining or deploying force against individuals merely for criticising government. The bill also envisages continued federal oversight and intervention where state police engage in serious abuses or where public order breaks down.

These provisions are encouraging. But laws alone do not prevent abuse. Nigeria already possesses numerous constitutional guarantees protecting freedom of expression, due process and fundamental rights. Their existence has not always prevented violations. Institutions matter far more than legislation.

Reforming Institutions, Not Just Structures

The debate, therefore, should not become a simplistic choice between federal police and state police. Both systems can fail. Federal police have often been criticised for delayed responses, poor intelligence coordination, inadequate manpower, corruption and limited community trust. State police, if poorly designed, could simply replace one set of problems with another.

The real challenge is institutional design. How should recruitment occur? Who investigates complaints against officers? Who disciplines misconduct? How are operational standards maintained? How are poorer states expected to finance professional police services without compromising salaries, equipment and training? What mechanisms prevent governors from arbitrarily dismissing commissioners or directing politically motivated operations? These questions matter far more than the constitutional label.

Successful federal countries such as the United States, Canada, Germany and Australia all operate decentralised policing systems. But they also possess strong independent courts, active legislatures, professional oversight bodies, transparent recruitment systems and vibrant civil societies capable of holding police accountable.

Nigeria cannot simply copy the structure while neglecting the institutions that make the structure work. State police should never mean fifty different policing philosophies operating without national standards. Training, forensic standards, human rights compliance, intelligence-sharing and disciplinary procedures must remain nationally coordinated even if operational control becomes decentralised. Otherwise, insecurity may simply become decentralised as well.

Beyond Politics

Perhaps the greatest mistake Nigerians could make is reducing this conversation to partisan politics. Supporters are not necessarily enemies of democracy and opponents are not necessarily enemies of security; both sides raise legitimate concerns. Nigerians wear the shoe and know where it pinches; from SARS to MOPOL, abuse of policing powers is the lived reality of many Nigerians, especially the youth.

Nigeria desperately needs a policing system that is faster, smarter and closer to communities. But Nigerians also deserve protection from political intimidation regardless of who occupies Government House. Security without liberty becomes oppression and liberty without security becomes an illusion.

The challenge before Nigeria is therefore not choosing one over the other but designing institutions capable of protecting both simultaneously. History will not judge this reform merely by whether state police was established; it will judge whether ordinary Nigerians became safer without becoming less free.

That is the true constitutional test. If state police becomes an instrument for protecting citizens, history will remember this reform as a bold step towards genuine federalism. If it becomes another weapon in the hands of powerful politicians, then Nigeria would have achieved something far more dangerous than decentralised policing – decentralised authoritarianism. And that is the difference between state police and a police state.

The views expressed by contributors are strictly personal and not of Law & Society Magazine.

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