The Case for State Police in Nigeria

Nigeria stands at a constitutional crossroads, grappling with a federal structure that has never been allowed to fully mature. The core issue, according to Bashir Are, lies in the dangerous and costly mismatch between constitutional responsibility and operational authority, most acutely felt in the realm of policing. He argues that Nigeria needs to complete its unfinished project of true federalism by devolving policing powers, rather than adding bureaucratic layers.

Are contrasts the current system with the 1963 Republican Constitution, which established a genuine federation of four regions, each with significant control over its resources and distinct institutions, including its own police force. This federal architecture was systematically dismantled by military rule, starting with General Aguiyi-Ironsi's Unification Decree in 1966, which aimed to create a unitary republic.

Subsequent military governments, while restoring the outward appearance of federalism, maintained a centralized command structure. The 1979 and 1999 Constitutions, both drafted under military influence, consolidated this centralization. Numerous subjects that were once concurrent or regional became the exclusive domain of the federal government, creating a unitary foundation disguised in federal language.

The argument posits that Nigeria requires a return to the fundamental principles of federalism, where the federal government focuses on genuinely national functions, states exercise real authority over services affecting their residents, and local governments have genuine autonomy. The devolution of policing is presented as the critical step needed to rectify the current dangerous imbalance and move towards a more stable and effective federal democracy.