Can Nigerian governors be restrained by law?

Concerns are mounting in Nigeria over the potential for state governors to misuse the proposed state police system, a concept once viewed as a vital tool to combat escalating insecurity.

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Our position was influenced by the unending attacks on citizens particularly in rural communities. We had imagined that state police will bring in more hands into the fight against insecurity as the concept of state police will necessarily make each state see the need to protect its own boundaries.

While the idea of empowering states to protect their own borders initially seemed promising, experienced analysts like Hakeem Baba Ahmed are now sounding alarms. Ahmed, speaking on national television, cautioned against the timing of the state police rollout, suggesting it should occur after the next general election. This advice stems from fears that governors could leverage state police to incite political unrest during election periods.

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Now that experienced analysts like my friend Hakeem Baba Ahmed is highlighting a greater danger that may befall the nation from a misuse of state police by the ruling political class, let’s not hang on rigidly to the federalist ideals without joining to sound a note of warning.

History offers a stark warning: Nigerian governors have a track record of disregarding laws and rules to achieve specific goals. Examples cited include defying Supreme Court judgments on financial and local government autonomy by withholding funds and ordering building demolitions without court orders. These instances fuel the argument that governors are often too comfortable to adhere strictly to the rule of law.

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His recommendation that state police in Nigeria should start after the next general election is instructive considering that the elections are only a few months away.

Senate leader Opeyemi Bamidele holds a different view, believing the senate has implemented sufficient measures to curb gubernatorial impunity. However, a recent debate highlighted widespread executive lawlessness, leaving many skeptical. The core issue remains whether the proposed state police, despite its potential benefits, can be implemented without derailing Nigeria's democracy, especially as long as elections are perceived as a zero-sum game.

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In other words, even if several provisions are put in the enabling law of state police, governors can decide to be lawless without consequences.