Agbakoba seeks constitutional safeguards for proposed state police

Dr. Olisa Agbakoba, a former President of the Nigerian Bar Association, has called for robust constitutional safeguards to protect the proposed state police system from executive interference. He emphasized that without such protections, the initiative could devolve into another instrument of political oppression, mirroring the failures observed with institutions like State Independent Electoral Commissions and local governments.

Agbakoba, in a letter dated June 26, 2026, addressed to the Secretary to the Government of the Federation, Dr. George Akume, welcomed President Bola Tinubu's executive bill to amend Section 214 of the 1999 Constitution to establish state police. However, he cautioned that "devolution without institutional protection is reform in name only."

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Devolution without institutional protection is reform in name only.

"History has shown that where institutions lack genuine constitutional protection, they inevitably become instruments of executive power rather than servants of the people and the Constitution," Agbakoba stated. He warned that simply transferring policing powers to state governors without constitutional checks would leave state police vulnerable to manipulation, potentially leading Nigeria to "trade one problem for a far worse one."

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History has shown that where institutions lack genuine constitutional protection, they inevitably become instruments of executive power rather than servants of the people and the Constitution.

To prevent this, Agbakoba suggested Nigeria emulate the South African constitutional model. In South Africa, key democratic institutions, such as the Public Protector and the Human Rights Commission, derive their independence directly from the Constitution. These bodies are guaranteed security of tenure, secure funding, and accountability to Parliament, rather than the executive. This structure, Agbakoba noted, prevents the President or provincial governors from dictating to or manipulating these critical institutions.

Agbakoba argued that Nigeria should similarly restructure several key institutions, including the Nigeria Police Force, the Independent National Electoral Commission, the Economic and Financial Crimes Commission, and the Central Bank of Nigeria. He proposed transforming these bodies, currently listed under Section 153 of the Constitution, into constitutionally protected institutions with guaranteed tenure and financial autonomy through direct funding.

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If state police are simply handed to governors without these protections, they will inevitably become tools of oppression, and Nigeria will have traded one problem for a far worse one.