State Police Constitutional Amendment Advances After Approval by More Than 24 States
Nigeria’s move toward establishing state police has reached a key milestone: the Presidential Working Group on the National Policing Bill says the Constitution (Sixth Alteration) Bill, 2026, has been...
Nigeria’s move toward establishing state police has reached a key milestone: the Presidential Working Group on the National Policing Bill says the Constitution (Sixth Alteration) Bill, 2026, has been approved by more than 24 state Houses of Assembly, meeting the legally required two-thirds threshold.
Hon. Femi Gbajabiamila, Chief of Staff to the President and Chairman of the presidential committee on the state policing bill, announced this in a statement on Friday. He added that the amendment can now return to the National Assembly for transmission to the President for assent.
Among the states that approved the bill seeking to create the state police, the states that have endorsed the proposal are Ogun, Delta, Plateau, Kwara, Adamawa, Edo, Osun, Oyo, Rivers, Zamfara, Abia, Akwa Ibom, Anambra, Bayelsa, Benue, Cross River, Ekiti, Enugu, Gombe, Imo, Kaduna, Nasarawa, Taraba, Yobe and Kebbi.
With the achievement of the needed approval from the state legislators, Hon Gbajabiamila said it would fast-track the process, as it conforms with section 9(2) of the 1999 Nigerian Constitution, which stipulates that a constitutional amendment must secure the support of at least a two-thirds majority of members of each chamber of the National Assembly and be approved by resolutions of the houses of assembly of not fewer than two-thirds of 36 states.
“The Working Group commends the State Houses of Assembly for their decisive action on this reform of national importance and appreciates the National Assembly for passing the amendment in both chambers. In line with Section 9 of the Constitution, the amendment can now be returned to the National Assembly for transmission to the President for assent,” the statement partly reads.
“The approval gives constitutional backing to the policing framework that the Working Group’s draft National Policing Bill, 2026, is designed to implement. The Working Group’s efforts remain on track. The draft Bills are currently undergoing legislative drafting review and validation at the Federal Ministry of Justice and are expected to be returned on or before Friday, 30th October 2026.
“Thereafter, the Group will give them final consideration before presenting them to Mr President. The Working Group urges all stakeholders to support a smooth transition to a dual policing system that makes Nigerians safer.”
The proposed bill aims to improve public safety and strengthen law enforcement by allowing state police to operate alongside the federal police. It would create a constitutional framework for states that choose to establish and maintain their own police services, define the powers and responsibilities of federal and state forces, and provide for funding, oversight, and accountability.
The proposed legislation defines the Federal Police’s functions and authorises the National Assembly to legislate on its structure, organisation, administration, and powers. It also sets guidelines for states to establish, operate, and regulate their police forces.
The proposed amendment would prohibit the Federal Police from interfering in state police operations or a state’s internal security, except when law and order have completely broken down beyond the state police’s capacity or when the governor formally requests federal intervention to prevent or contain such a breakdown.
It also provides that any such intervention by the Federal Police shall only be effective with the approval of a two-thirds majority of the Senate, a move aimed at safeguarding the autonomy of state police forces and preventing undue federal interference in state security matters.
The bill would authorise governors to appoint State Commissioners of Police from serving State Police officers recommended by the Nigeria Police Council, subject to confirmation by the State House of Assembly. Likewise, the President would appoint the Inspector-General of Police from serving Federal Police officers on the Council’s advice, subject to National Assembly confirmation.
In addition, the proposal gives governors the authority to issue lawful directives to State Commissioners of Police on matters relating to public safety and the maintenance of law and order. However, where a commissioner considers any directive unlawful or inconsistent with accepted policing standards, the matter may be referred to the Nigeria Police Council, whose decision would be final.
The bill also proposes amendments to relevant sections of the Constitution, including the replacement of references to the “National Police Council and the Federal Police Service Commission” with “Nigeria Police Council and the Police Service Commission”, to align the constitutional provisions with the new policing structure being proposed.
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