Barau: President’ll Have Power to Suspend State Police that Violates the Law

Deputy President of the Senate and Chairman of the 10th Senate Committee on Constitution Review, Senator Jibrin Barau, in this interview speaks on the proposed constitutional amendment to establish state police. He explains why the National Assembly backed the bill, the safeguards against political abuse, funding, operational structure and the next legislative steps. Sunday Aborisade brings excerpts.

Why did the Senate overwhelmingly support the proposed State Police Bill?

The purpose of this interview is to enlighten Nigerians on what the Senate passed before we proceeded on recess. The bill was an Executive Bill sponsored by President Bola Tinubu after extensive consultations with key stakeholders across the country.

For years, Nigerians have agitated for the establishment of state police through constitutional amendment. During the constitutional review exercise in the Ninth Senate, similar proposals came up but failed to secure the required votes.

Since then, the agitation has intensified because many Nigerians believe that strengthening our security architecture requires introducing state police alongside the existing federal policing system.

As a democratic institution, we must listen to the people. Several constitutional amendment bills on state police were introduced in both the Senate and the House of Representatives. They were subjected to comprehensive public hearings across the six geopolitical zones and at the national level, where state governments, civil society organisations, security experts, professional bodies and individual citizens made presentations.

While that process was ongoing, President Tinubu also engaged extensively with the Inspector-General of Police, security experts and other stakeholders before forwarding a carefully drafted Executive Bill to the National Assembly.

The proposal reflects extensive consultations and takes into account the two major schools of thought on state policing.

One group believes state police will strengthen Nigeria’s security architecture and improve the fight against insecurity. The other supports the idea but fears it could be abused for political persecution, ethnic intimidation or human rights violations.

The President deserves commendation because the bill addresses both concerns. It creates state police while simultaneously providing strong constitutional safeguards against abuse.

That explains why the proposal received overwhelming bipartisan support in the Senate. Members across party lines recognised that the safeguards sufficiently addressed earlier concerns.

What are the safeguards against governors using state police to intimidate political opponents?

That has been one of the major concerns raised over the years. The bill ensures that no governor will have absolute control over the state police. Appointments into the leadership of the State Police Service will not be at the sole discretion of governors. The State Police Service Commission will make appointments based on recommendations from the National Police Council.

The National Police Council itself comprises the President, state governors, the Inspector-General of Police and other experienced policing professionals. That guarantees professionalism in the appointment process.

Those appointed will also enjoy legal protections that prevent political interference or intimidation while carrying out their constitutional responsibilities.

There are also operational safeguards. The standards for policing will be guided by both the Constitution and Acts of the National Assembly. State Houses of Assembly may enact additional laws, but such laws must not conflict with the Constitution or federal legislation.

Most importantly, if a state police service acts in a manner that threatens national security, violates constitutional provisions or undermines Nigeria’s sovereignty, there are constitutional provisions empowering the Federal Government to intervene.

In extreme circumstances, the President may suspend the operations of the affected state police service, while the Federal Police Service temporarily assumes responsibility for policing in that state. These safeguards make abuse extremely difficult.

Some Nigerians compare state police with the State Independent Electoral Commissions, which are often accused of lacking independence. Why should Nigerians believe this will be different?

We have learnt from those experiences, and that is precisely why this bill was carefully drafted. One major innovation is the introduction of a national minimum operational standard that every state police service must comply with. That minimum standard will be contained in an Act of the National Assembly. No state police service can operate below that national benchmark.

Although state legislatures may enact laws regulating their police services, such laws cannot contradict the Constitution or federal legislation. Any conflicting provision automatically becomes null and void.

This framework ensures uniform professional standards nationwide while allowing states sufficient flexibility to address local security challenges.

How will funding and operational jurisdiction be handled?

Those details will be contained in the implementing legislation after the constitutional amendment process is completed.

Generally speaking, the Federal Police Service will continue to handle national security, interstate crimes, cybercrime, organised crime, terrorism and offences with international implications.

State police services will focus primarily on maintaining law and order within their respective states, protecting lives and property, and enforcing state laws that are consistent with the Constitution and federal legislation. The implementing law will clearly define funding arrangements, operational responsibilities, intelligence sharing, command structures and other technical details.

We intend to eliminate institutional rivalry and intelligence gaps that could undermine effective policing.

Why are you confident state police will improve security?

Effective policing requires local knowledge. People who know the terrain, understand the language and are familiar with the communities are naturally better positioned to combat criminal activities.

The Federal Police Service will continue to exist and discharge its constitutional responsibilities.

However, complementing it with state police personnel who understand the local environment will significantly strengthen Nigeria’s overall security architecture.

Take Zamfara State, for example. Officers who know the forests, the communities and the terrain where bandits operate are better equipped to support security operations.

That local knowledge, working together with the resources and capabilities of the Federal Police Service, should produce better security outcomes.

Many federal systems around the world operate similar policing arrangements successfully. We are optimistic that Nigeria can also make it work.

What gives you confidence that the reform will succeed?

It is not merely optimism. It is based on political commitment and careful planning.

President Tinubu has demonstrated strong political will. The National Assembly is committed to making the reform successful. State governors have also shown considerable support, while security institutions have actively participated in the drafting process.

Everybody understands the urgency of strengthening Nigeria’s security architecture.

With that level of commitment, I believe this reform will significantly improve security across the country.

What are the next legislative steps?

The Senate has passed the bill.

Once the House of Representatives concludes its consideration, the proposal will be transmitted to the 36 State Houses of Assembly for concurrence, as required for constitutional amendments.

I cannot determine the exact timeline because each legislative institution operates independently, but I know there is strong commitment across all stakeholders to conclude the process as quickly as possible.

After the constitutional amendment is completed, the National Assembly will proceed to enact comprehensive implementing legislation that will address funding, administration, operational guidelines, command structures and every other practical aspect of the new policing system. That legislation will provide the detailed framework for implementing state police across the federation.