State Police Bill: The Powers and Limits of Federal and State Police
Nigeria has taken a historic step toward overhauling its policing system after both chambers of the National Assembly approved the Constitution (Sixth Alteration) Bill, 2026, which seeks to establish State Police alongside the existing Federal Police.
The landmark constitutional amendment is one of the most significant security reforms since the return to democratic rule in 1999.
However, the proposal has not yet become law. In line with Section 9 of the 1999 Constitution, it must still receive the approval of at least two-thirds (24) of the 36 State Houses of Assembly before it is transmitted to President Bola Ahmed Tinubu for presidential assent.
If eventually enacted, the amendment will fundamentally redefine policing responsibilities across Nigeria by creating two constitutionally recognised police institutions with clearly defined jurisdictions, powers and limitations.
Why the State Police Bill Matters
For more than two decades, Section 214 of Nigeria’s Constitution recognised only one police force for the entire federation, effectively preventing states from establishing their own police organisations.
The new constitutional amendment removes that restriction and introduces a dual policing structure aimed at improving internal security, strengthening community policing and allowing states to respond more effectively to local security challenges.
Supporters believe decentralising policing will improve intelligence gathering, faster emergency response and greater accountability, while critics continue to express concerns over funding, political interference and unequal implementation across states.
Federal Police: What Will Be Its Powers?
Under the proposed amendment, the Federal Police will remain Nigeria’s national law enforcement agency.
Its primary responsibilities will include the following:
1) Protecting national security.
2) Investigating and combating crimes that cross state boundaries.
3) Policing matters under the Exclusive Legislative List.
4) Safeguarding federal institutions and assets.
5) Maintaining law and order within the Federal Capital Territory (FCT), Abuja and
6) Coordinating policing activities with state police where constitutionally required.
The Federal Police will continue to be headed by the Inspector-General of Police (IGP), appointed through constitutional procedures.
State Police: What Powers Will States Have?
Each state will be empowered to establish its own police service through legislation passed by its House of Assembly.
However, no State Police can begin operations until the following conditions are met:
1) The state enacts its own enabling law and
2) The proposed police service is certified as meeting national minimum policing standards prescribed under federal legislation.
Once certified, State Police will primarily be responsible for maintaining law and order within their respective states, policing local crimes and supporting community-based security operations.
Abuja Remains Under Federal Control
Unlike the 36 states, the Federal Capital Territory will remain exclusively under the jurisdiction of the Federal Police.
The amendment empowers the Federal Police to establish commands, formations and operational units throughout Abuja, with no provision for a State Police structure within the FCT.
Where Federal Police Powers End
One of the most significant provisions of the amendment is the limitation it places on Federal Police intervention in states operating certified State Police services.
Once a State Police becomes operational, the Federal Police will generally not interfere in the internal security affairs of that state except under specific constitutional circumstances.
This marks a major shift from the existing system where the Inspector-General of Police exercises nationwide operational authority.
When Can the Federal Police Intervene?
The proposed amendment allows Federal Police intervention only under limited conditions, including:
Where there is a complete breakdown of law and order beyond the capacity of the State Police.
Where the governor formally requests federal assistance.
Where the State Police becomes unable to function because of financial, administrative or operational challenges.
In such situations, intervention would require approval through the National Police Council as provided in the proposed constitutional framework.
Separate Command Structures
The amendment establishes independent leadership structures for both policing institutions.
The Federal Police will remain under the command of the Inspector-General of Police.
Each State Police will be headed by a Commissioner of Police appointed by the governor, subject to constitutional procedures and confirmation by the State House of Assembly.
The proposal also provides safeguards allowing disputes over unlawful directives to be referred to the National Police Council.
Funding Remains a Major Challenge
One of the biggest questions surrounding State Police is funding.
The constitutional amendment places the primary responsibility for financing State Police on individual state governments.
Although the Federal Government may provide grants or financial assistance, such support would depend on recommendations by the National Police Council and approval by the National Assembly.
The amendment leaves detailed funding arrangements to a new Police Act expected to be enacted after the constitutional amendment process is completed.
What Happens Next?
Although the National Assembly has passed the bill, the constitutional amendment process is not yet complete.
The proposal must now secure approval from at least 24 State Houses of Assembly, representing two-thirds of Nigeria’s 36 states.
If that constitutional threshold is achieved, the bill will then be transmitted to President Bola Ahmed Tinubu for assent before becoming part of the Constitution.
Only after that process, and following the enactment of supporting legislation such as a new Police Act, can states begin establishing constitutionally recognised State Police services.
What This Means for Nigerians
If eventually implemented, the State Police reform could significantly change how security is managed across Nigeria.
Supporters argue that local policing will improve intelligence gathering, crime prevention and rapid response to insecurity.
However, experts also caution that the success of the reform will depend on adequate funding, operational independence, professional standards and safeguards against political abuse.
As the constitutional amendment moves to the State Houses of Assembly, Nigerians will be watching closely to see whether the long-debated State Police system finally becomes a reality.
This report is based on the Constitution (Sixth Alteration) Bill, 2026, as passed by both the Senate and the House of Representatives.
The bill is currently awaiting approval by at least two-thirds of the State Houses of Assembly before it can be presented to the President for assent, as required by the Constitution.
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