MEMORANDUM TO THE SENATE COMMITTEE ON THE REVIEW OF THE 1999 CONSTITUTION

BY: THE UNDERSIGNED CIVIL SOCIETY ORGANISATIONS IN NIGERIA

DATE: June 26, 2025

SUBJECT: POSITION ON THE PROPOSAL FOR THE ESTABLISHMENT OF STATE POLICE IN NIGERIA

1. Introduction

The undersigned civil society organisations (CSOs) spread across Nigeria welcome the opportunity to submit this memorandum to the Senate Committee on the Review of the 1999 Constitution. This contribution reflects our observations, concerns, and recommendations regarding the ongoing proposal to establish state police in Nigeria.

While the creation of state police is promoted as a solution to insecurity, a step toward federalism, and a means to enhance police responsiveness, we believe it is not a cure-all. Without addressing underlying structural and governance issues, state police may replicate the same problems that have plagued the Nigeria Police Force (NPF) and could even exacerbate them.

2. General Position

State police may offer certain benefits in principle—especially in aligning policing with federalism and enhancing community responsiveness. However, these benefits are conditional. Security and police effectiveness cannot be guaranteed simply by multiplying security agencies. The prerequisites for sustainable peace and safety are political inclusion, social justice, economic opportunity, and accountable governance.

If multi-layered policing alone solved insecurity, countries like the United States—with highly decentralized police structures—would be free of crime. However, the U.S. continues to battle high rates of violence and incarceration. Nigeria must draw the appropriate lessons and avoid assuming that structural change alone guarantees transformation.

3. Political Interference and Reform Sabotage

A critical factor undermining police effectiveness in Nigeria is the persistent political interference and lack of political will to implement reform recommendations that have accumulated since 2000.

Successive government committees and civil society-led panels—including the Danmadami Committee (2006), M.D. Yusuf Panel (2008), Parry Osayande Committee (2012), and the Presidential Panel on the Reform of SARS (2018), as well as the Civil Society Panel on Police Reform 2012—have offered comprehensive recommendations. These covered recruitment, funding, community policing, accountability, and operational independence. Unfortunately, these recommendations have either been ignored or only selectively implemented. As a result, the police remain weak, politicised, and disconnected from the communities they are meant to serve.

4. The Police Act, 2020: Reform Without Implementation

The Nigeria Police Act, 2020, which repealed the colonial-era Police Act of 1943, was a landmark reform intended to modernise and democratise the NPF. The Act provides for:

– Community-oriented policing;

– Establishment of State Security Boards and Local Government Security Forums;

– Transparent procedures for recruitment and discipline;

– Civilian oversight and accountability mechanisms.

However, the Act has remained largely unimplemented and flouted by both the Nigeria Police and the Presidency:

– Most state and local security forums required by law have not been constituted;

– Civilian oversight remains weak or non-existent;

– The appointment process for the Inspector General of Police and other senior officials still lacks the transparency and consultative procedures mandated by the Act;

– Community policing is yet to take root in a meaningful, institutionalised manner.

The failure to implement this foundational reform raises serious doubts about the viability of introducing state police structures that may similarly be undermined by political actors.

5. Conditions for Effective State or Local Police

For Nigeria to benefit from multi-level policing, such forces must be founded on:

– Effective democratic oversight and constitutional safeguards;

– Clear minimum standards for establishment, recruitment, training, operations, and accountability;

– Federal regulation akin to the National Judicial Council’s oversight over courts of record;

– Limits on armament, with federal authorisation required for the acquisition of arms and ammunition, though states may procure non-lethal equipment independently.

– State laws may then be permitted to set conditions of service and local regulations, provided they conform to these federal minimum standards.

6. Root Causes of Insecurity: Beyond Policing

Policing is a reactive function and does not address the root causes of insecurity. The conditions that foster crime and violence—poverty, unemployment, inequality, injustice, corruption, and weak governance—must be addressed through social and economic investments, not only force.

Sections 7 and 10 of Chapter II of the 1999 Constitution outline the obligations of government to provide social welfare, yet these provisions are often ignored. We urge greater attention from civil society and the National Assembly in enforcing these social rights.

Instead of investing in the proliferation of security agencies, we recommend greater commitment to:

– Access to education and healthcare;

– Affordable housing;

– Youth employment and livelihood opportunities.

7. Risks of Politicisation, Xenophobia and Discrimination

State control over police may empower governors to suppress dissent, harass opponents, and weaponise police forces for political and ethnic agendas—a risk made more real by the emasculation of state legislatures, judiciary, and local governments in many states.

There is a serious danger of xenophobic recruitment policies, in which only so-called “indigenes” are employed, leading to:

– Ethnic profiling;

– Denial of justice for minorities and migrants;

– Deepening of ethnic and religious bigotry.

We are already witnessing similar patterns under the current federal police structure:

In Northern Nigeria, non-Muslims are still charged under Sharia law in violation of legal safeguards.

In Lagos, unequal treatment persists—as seen in the case of Frederick Nwajagu, the “Eze Igbo” of Ajao Estate, who was arrested and prosecuted for comments perceived as threatening, while well-documented aggressors who incited and committed violence against Igbos remain free. The police spokesperson’s dismissal of their threats as “jokes” highlights selective enforcement of the law.

If these abuses occur under federal oversight, one can only imagine the magnitude if left to the unchecked authority of state political actors.

8. Recommendations

Civil society recommends the following safeguards and reform actions:

1. Full Implementation of the Police Act, 2020

– Ensure the activation of all oversight bodies mandated by the Act.

– Enforce provisions on community policing and transparent leadership appointments.

1. Minimum Constitutional Standards for Subnational Policing

Define clear constitutional standards for:

– Recruitment and appointments;

– Command and control;

– Accountability mechanisms;

– Operational guidelines.

1. Establishment of Federal Oversight Mechanism

Strengthen the PSC or restructure it into an independent National Policing Oversight Commission to regulate both federal and state police, akin to the NJC in the judiciary.

1. Limit Police Weaponisation

– Set constitutional limits on arms calibre for state/local police;

– Require federal authorisation for arms acquisition;

– Permit autonomous procurement of non-lethal devices.

1. Safeguard Institutional Independence

Guarantee financial, operational, and administrative autonomy of State legislatures, State judiciaries and Local governments.

9. Conclusion

We, the undersigned CSOs, urge the Senate Committee to proceed with caution and wisdom. While the decentralization of police could bring potential benefits, these will only materialise within a governance environment that is committed to the rule of law, equity, and accountability.

Unless the root causes of insecurity are addressed, unless political interference is curtailed, and unless existing laws—like the Police Act 2020—are implemented in full, state police may not resolve Nigeria’s security problems. Worse, they could entrench authoritarianism and deepen national divisions.

Signed:

1. Rule of Law and Accountability Advocacy Centre (RULAAC)

2. Spaces for Change

3. Community Policing Partners – COMPPART

4. Life and Peace Development Organization (LAPDO)

5. Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS)

6. Solidarity for the paradigm shift initiative

7. Elixir Trust Foundation

8. Center for Peace Education and Community Development

9. Open Society on Justice Reform Project

10. Centre For Community Empowerment in Conflict and Peacebuiding

11. Restorative Justice for Africa

12. Vision Spring Initiatives

13. (Human Right Advocacy and Monitoring Group HURAMG).

14. Committee for the Defence of Human Right Lagos Branch

15. Nchekwa Ndi Ogbenye Foundation

16. Center for Peace Education and Community Development.

17. WAKE – WOMEN AND YOUTH EMPOWERMENT AND DEVELOPMENT INITIATIVE.(Wake -WAYED) JALINGO TARABA STATE.

18. Women and Youth Made to Impact (WAYOMTI)

19. I Have Conscience foundation

20. Benbrian Support Mission (BSM)

21. CENTRE FOR COUNSELLING, ADVOCACY AND SOCIAL INCLUSION

22. Initiative for Climate Change and Renewable Energy Advocacy

23. FAITH-ALIVE VULNERABLE FOUNDATION (FAVF)

24. Taraba Youths Transformation Initiative

25. Taraba Youth Round Table initiative

26. Mikailu Peculiar Foudation.

27. Community Education Development Initiative Center (CEDIC)

28. CENTER FOR HEALTH AND DEVELOPMENT IN AFRICA (CHEDA)

29. Alheri Centre for Women and Child Care Development (ACWCCD)

30. The Reformed Drug and Substance Abuse Initiative

31. Dephee peace and community development Initiative DPCDI

32. Justice Human Development and Peace Initiative.
33. Jotima Foundation
34. Fedmaf Care initiative.
35. Council for Affirmative Action (COFAA) Bauchi State
36. Adamu Abdullazeez Bako: 3.Centre for citizens Rights
37. Neighbourhood Initiative for Women Advancement (NIWA)
38. Centre for citizens Rights
39. Neighbourhood Initiative for Women Advancement (NIWA)
40. Initiative for Research, Innovation, and Advocacy in Development (IRIAD)
41. Foundation for Environmental Rights Advocacy & Development FENRAD Nigeria
42. Jotima Foundation
43. Fedmaf Care initiative.
44. Angee life worth foundation ( ALIF)
45. Advocacy for Integrity and Rule of Law Initiative (AIRLIN)
46. Eneme Women Progressive Initiative,
47. Abdulshafa’at m Dame
48. North East peace Struggle initiative
49. Hope For Future Generation Initiative Taraba
50. North East peace Struggle initiative
51. Aminchi Care Initiative
52. Women of Valour Initiative for Development and Empowerment ( WOVAIDE)
53. Under-Privileged Grassroot Foundation (UGF)
54. New Moon Charity Foundation (NMCF)
55. Democracy and Human Rights Network (DHRN)