Nigeria: Shield Key Institutions from Executive Control, Urges Lawyer

Constitutional lawyer Olisa Agbakoba has called on Nigeria's Federal Government to implement robust constitutional safeguards for key national institutions, arguing that proposed state police reforms alone are insufficient to guarantee genuine reform. Agbakoba, a former President of the Nigerian Bar Association (NBA), commended President Bola Tinubu's initiative to establish state police through an executive bill, acknowledging it as a positive step toward community policing.

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previous reforms such as State Independent Electoral Commissions (SIECs) and local governments were conceived with noble intentions but eventually became subject to executive control in many states.

However, Agbakoba cautioned that decentralizing policing without constitutional protections could leave state police vulnerable to political manipulation. He drew parallels with previous reforms, such as State Independent Electoral Commissions and local governments, which, despite noble intentions, often succumbed to executive control in various states. This history, he argued, necessitates stronger measures to prevent similar outcomes with state police.

To counter potential executive overreach, Agbakoba recommended Nigeria adopt constitutional provisions similar to South Africa's Chapter 9. This model grants independence to institutions like the Public Protector and Electoral Commission through security of tenure, guaranteed funding, and parliamentary oversight, rather than executive control. He specifically listed the Nigeria Police Force, INEC, EFCC, CBN, and NJC among institutions that should receive similar constitutional protection.

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institutions such as the Public Protector, Human Rights Commission and Electoral Commission derive their independence directly from the Constitution.

Agbakoba further proposed a tripartite appointment and removal process for leaders of these critical agencies, mirroring the judiciary's system. For state police, he suggested the Police Service Commission nominate candidates, governors appoint them, and State Houses of Assembly confirm these appointments and removals. "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," he warned.

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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.