Gbajabiamila: Tinubu Will Get Draft of State Policing Amendment Bill Sept. 3
• Says a state must prove readiness before being al-lowed to commence policing operations
• National standards will prevent abuse, protect citi-zens, AGF explains
Deji Elumoye in Abuja
Chairman of the Presidential Working Group on the National Policing Bill, Hon. Femi Gbajabiamila, yester-day, disclosed that the group would submit an execu-tive bill package on state police to President Bola Tinubu on September 3, as part of efforts to establish the legal and operational framework for the proposed system.
Gbajabiamila emphasised that state police would only become operational across the 36 states of the federa-tion after the conclusion of the ongoing constitutional amendment.
Speaking with newsmen after a meeting of the working group at State House, Abuja, Gbajabiamila, who is also Chief of Staff to the President, explained that no state would be permitted to commence policing operations until it had demonstrated readiness in recruitment, training, equipment, pensions, complaints handling, financial sustainability, firearms control, and inde-pendent oversight.
“Operational commencement must be based on read-iness, not announcement,” he said, adding that alt-hough states could exceed national benchmarks, “No Nigerian should receive a lower standard of protection because of where they reside.”
He stressed that the federal government remained committed to ensuring that decentralised policing would not undermine national unity or the rule of law, saying, “State police cannot mean 36 state militias.”
The working group leader added that while states must have a legitimate role in public safety, “No politi-cal office holder should be able to direct the arrest of an opponent, the suppression of lawful political activi-ty, or the selective enforcement of the law.”
He further explained that federal intervention would remain “exceptional, evidence-based, proportionate, time-limited and reviewable”, while officers would remain accountable to the constitution rather than political interests.
Gbajabiamila added that the executive bill package to be submitted to the president would go beyond draft legislation, to provide the implementation blueprint required to operationalise a dual federal-state policing architecture once the constitutional amendment cre-ating it came into force.
He said following the completion of the draft, a na-tionwide consultation would be held before the presi-dent would grant final approval, after which the exec-utive bill would be transmitted to the National Assem-bly.
Gbajabiamila stated, “The resulting executive bill package is scheduled for presentation to the president on the 3rd of September. We have arranged the pro-cess so that the national consultation will come before the president’s final approval, after which the text and supporting materials will be revised and prepared for formal transmission to the National Assembly.”
Gbajabiamila described the exercise as one of the country’s most significant governance reforms, saying it is aimed at creating “a lawful, professional and sus-tainable federal and state policing system that placed greater capability closer to the people while preserv-ing national standards, national security and the rights of every Nigerian”.
He stressed that despite the progress made by the Na-tional Assembly, no state police service existed in Ni-geria because the constitutional amendment had not yet secured the approval of the required number of state Houses of Assembly.
He explained, “The constitutional amendment is not yet in force. Until that process is concluded and the necessary implementing laws are enacted, there is no operational state police service anywhere in Nigeria, and the Nigeria Police Force remains the constitution-ally recognised police institution.”
According to him, while the constitutional amendment would create the legal authority for state policing, it would not by itself resolve critical operational issues, such as recruitment, training, funding, command struc-tures, jurisdiction, pensions, firearms regulation, data management, complaints mechanisms and inter-agency cooperation.
The chief of staff explained that those issues would be addressed in the National Policing Bill and other con-sequential legislations being prepared by the working group.
He stated, “Our mandate is to produce a technically robust, implementation-ready draft National Policing Bill and supporting legislative package. We are build-ing the legal and operational framework required to move from one federal police institution to a workable dual policing architecture.”
Gbajabiamila said the assignment also included a re-view of the Police Act 2020, the Police Service Commis-sion framework, police regulations, and other laws af-fected by the reform, alongside provisions for mini-mum national policing standards, state certification, interstate cooperation, independent complaints insti-tutions, human rights safeguards, forensic systems, funding arrangements, and transition plans.
Gbajabiamila added that the president had also ap-proved a multidisciplinary Policy Advisory Committee, chaired by Justice Mohammed Abdullahi Liman, to provide technical oversight and validate the bill, fiscal framework, and implementation materials before ex-ecutive consideration.
He explained that the seven-week work programme, running from July 27 to September 14, would proceed through simultaneous legal drafting, policy research, data analysis, and implementation modelling.
The final submission, Gbajabiamila said, would include schedules, an explanatory memorandum, legal audit, consequential amendments matrix, clause-by-clause analysis, state readiness framework, fiscal and imple-mentation notes, validation report, risk register and a digital archive.
The committee draws membership from the judiciary, academia, security agencies, the National Assembly, the Office of the National Security Adviser, Nigeria Po-lice, Nigerian Bar Association, Nigeria Governors’ Fo-rum, and state Attorneys-General representing the six geopolitical zones.
To encourage public participation, Gbajabiamila an-nounced an open call for memoranda and position papers from Nigerians, civil society organisations, pro-fessional bodies, security institutions, and other stakeholders.
He disclosed that a dedicated por-tal, nationalpolicingbill.com, had gone live to receive submissions, with plans for migration to a government domain.
He said, “The whole idea behind state policing is for you and I and everybody out there to take ownership. No matter your station in life, you have an opportunity to contribute meaningfully.”
Answering questions on the financial implications of the reform, Gbajabiamila said it was premature to es-timate costs, stating that expenditure would be de-termined through empirical research conducted on a state-by-state basis.
He stated, “There is no cost that will be too much to secure life and property. But giving you a figure now would be pulling something out of thin air. The cost will be evidence-based and based on thorough re-search.”
He also allayed fears that some states might lack the capacity to establish police services, insisting that eve-ry state possessed some level of capability.
Gbajabiamila explained that where a state was genu-inely unable to meet the prescribed standards, the Ni-geria Police would continue to provide policing ser-vices until the state became operationally ready.
“The federal police remains in place until such a time when the state is able to come on board with the state police,” he said.
Nigeria Governors’ Forum (NGF) reaffirmed its support for the proposed National Policing Bill, describing the establishment of state police as one of the most con-sequential reforms of the Tinubu government.
NGF also dismissed concerns that the initiative was de-signed to retain federal control over state policing.
Speaking on behalf of his colleagues at the briefing, Governor Dapo Abiodun of Ogun State said the pro-posed legislation was intended to provide the legal and operational framework required for the effective implementation of state police rather than centralise policing powers.
On concerns over possible federal overreach, Abiodun said the working group was focused on translating the constitutional amendment into an implementable law that clearly defined the responsibilities of both federal and state police services.
He said, “That is not actually so. Someone has to be re-sponsible for ensuring that the amendment now re-flects in a bill that can be operated, and that’s what we’re working on.”
The governor explained that the proposed National Policing Bill would address key implementation issues, including consequential amendments to existing laws, delineation of the powers of the federal and state po-lice services, funding arrangements, and other opera-tional matters critical to the successful implementa-tion of state policing.
He stated, “This bill has to do with different conse-quential amendments… Where do the powers of the federal police stop? Where do the powers of the state police start?”
Abiodun also acknowledged disparity in the financial capacities of states, disclosing that the working group is considering recommending federal grants to support states in establishing their police services.
“Part of what we are doing also will recommend some form of grant from the federal to ensure a start-up,” he said.
On his part, Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, said the pri-mary objective of the proposed legislation was to strengthen the protection of life and property, while ensuring that state police could never become instru-ments of political persecution.
Fagbemi explained that where any state was not yet prepared to establish its own police service, the Nige-ria Police would continue to provide policing until such capacity was developed.
“Law abhors a vacuum, so the federal presence will continue to dominate in that area,” Fagbemi said.
The AGF defended the proposed minimum national policing standards, saying they are essential to guaran-tee equal protection for Nigerians irrespective of where they reside.
He stated, “The main thrust of this bill is to ensure se-curity of life and property, and it is also important that we do not make state policing a weapon of political persecution or oppression.
“There must be standards. There must be the mini-mum threshold to guarantee the continued existence and operation of society.”
The standards, he said, would be aligned with globally recognised policing practices and ensure that officers moving between the federal and state police services would not lose their benefits.
Fagbemi explained, “If you are on-boarding from the federal to the state police, it is important that the same benefit you derive must not be any less.
“The only difference will be that one is by the federal and the other by the state. If you leave the door open, then all sorts of situations will come in, and this will not be good enough for society.”
