Former President of the Nigerian Bar Association, Olisa Agbakoba, has urged the Federal Government to provide constitutional safeguards for the proposed state police system, warning that without institutional independence, it could become a tool for political oppression.
In a letter dated June 26, 2026, addressed to the Secretary to the Government of the Federation, George Akume, Agbakoba welcomed President Bola Ahmed Tinubu’s Executive Bill seeking to amend Section 214 of the 1999 Constitution to establish state police.
Describing the proposed decentralisation of policing as a positive step, the Senior Advocate cautioned that devolving policing powers without constitutional guarantees for institutional independence would merely replicate the shortcomings experienced with State Independent Electoral Commissions and local governments.
“Devolution without institutional protection is reform in name only,” Agbakoba stated, adding that institutions lacking constitutional safeguards inevitably become instruments of executive control rather than independent public bodies.
He warned that handing state police powers directly to governors without adequate checks and balances would expose the new policing structure to political manipulation.
“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 said.
Agbakoba proposed that Nigeria adopt a constitutional framework similar to that of South Africa, where critical democratic institutions derive their independence directly from the Constitution rather than the executive.
According to him, Chapter 9 of South Africa’s Constitution guarantees the independence of institutions such as the Public Protector, Human Rights Commission, Electoral Commission and Auditor-General through security of tenure, guaranteed funding and accountability to Parliament instead of the executive.
He argued that Nigeria should similarly grant constitutional protection to key institutions, including the Nigeria Police Force, Independent National Electoral Commission, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission, Central Bank of Nigeria, National Judicial Council, the offices of the Attorney-General and Accountant-General, the National Human Rights Commission and the Code of Conduct Bureau.
He recommended that these institutions be granted security of tenure, direct funding from the Consolidated Revenue Fund and oversight by the National Assembly or state Houses of Assembly, rather than remaining subject to executive control.
Agbakoba also proposed a constitutional appointment process for state police commissioners, suggesting that the Police Service Commission should recommend qualified candidates to state governors, with appointments subject to confirmation by the relevant state House of Assembly. He further recommended that the same process should apply to their removal to prevent political interference.
According to him, such a framework would provide an effective safeguard against executive capture and the politicisation of law enforcement.
Beyond policing, Agbakoba urged the Federal Government to use the ongoing constitutional amendment process to devolve additional responsibilities to state and local governments, including driver’s licence issuance, prison administration, marriage registration, arbitration, trade regulation and business name registration.
While commending President Tinubu for initiating the state police bill, Agbakoba maintained that meaningful constitutional reform requires not only decentralisation but also the creation of strong, independent institutions capable of operating without political interference, regardless of who occupies executive office.