Former President of the Nigerian Bar Association, Olisa Agbakoba (SAN), has expressed support for the proposed establishment of state police, while warning that the initiative could be undermined if governors are given unchecked control over the new security structure.
In an open letter addressed to the Secretary to the Government of the Federation, George Akume, Agbakoba praised President Bola Tinubu for forwarding an executive bill to the National Assembly seeking an amendment to Section 214 of the 1999 Constitution to provide a legal framework for state policing.
He described the move as a significant step toward strengthening security and bringing law enforcement closer to local communities.
According to Agbakoba, however, the success of state police depends on broader constitutional reforms that guarantee the independence of public institutions from political influence.
He argued that the proposed decentralisation of policing should be accompanied by the transfer of additional responsibilities to state governments, including the administration of prisons, issuance of driver’s licences, marriage registration, arbitration, trade regulation and business name registration.
The senior advocate maintained that devolving such responsibilities would reduce the burden on the Federal Government and improve efficiency in governance.
Agbakoba cautioned that state police could become another instrument of political control if constitutional safeguards are not put in place, drawing parallels with the challenges facing State Independent Electoral Commissions and local governments.
He stressed that devolution without institutional independence would merely replace one form of executive dominance with another.
To prevent this, he urged Nigeria to adopt a constitutional model similar to that of South Africa, where key public institutions enjoy guaranteed independence, secure tenure for their leadership, protected funding and legislative oversight rather than executive control.
He listed agencies such as the Nigeria Police Force, Independent National Electoral Commission, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission, Central Bank of Nigeria, National Judicial Council, Office of the Attorney General, Office of the Accountant General, National Human Rights Commission and the Code of Conduct Bureau as institutions that should enjoy constitutional protection from political interference.
Agbakoba further proposed a multi-layered appointment process for state police leadership to prevent abuse of power.
Under his recommendation, the Police Service Commission would nominate qualified candidates, governors would make the appointments, while the State Houses of Assembly would confirm them. He said the same process should apply to the removal of state police chiefs.
He argued that such a framework would promote accountability and prevent state police from being used as political tools.
The former NBA president warned that creating state police without adequate constitutional safeguards could worsen the country’s governance challenges.
He said the reform would only achieve its objectives if the proposed police structure is built on a foundation of institutional independence and accountability, warning that handing control entirely to governors could result in widespread abuse.
Agbakoba called on the Federal Government and the National Assembly to consider his constitutional reform proposals as discussions on the state police bill continue.
The Senate approved the state police bill last week after securing the support of more than two-thirds of lawmakers. While the proposal has received backing from several stakeholders, including the Speakers of the 36 State Houses of Assembly, critics have continued to express fears that the creation of state police could be exploited by state governors for political purposes.