Agbakoba Urges FG to Shield State Police, Key Institutions from Executive Control
Senior Advocate of Nigeria (SAN), Dr. Olisa Agbakoba, has called on the Federal Government to go beyond the proposed establishment of state police by introducing constitutional safeguards that would insulate critical public institutions from executive interference.
In a letter addressed to the Secretary to the Government of the Federation (SGF), Dr. George Akume, Agbakoba commended President Bola Tinubu for transmitting to the National Assembly a bill seeking to amend Section 214 of the 1999 Constitution to provide for the creation of state police.
He described the move as a significant step towards improving public security and bringing law enforcement closer to local communities, but warned that the reform could fail if state police are not protected from political manipulation by state governors.
Agbakoba argued that the proposed constitutional amendment should also pave the way for broader devolution of powers, including responsibilities such as the issuance of driver’s licences, prison administration, marriage registration, arbitration, trade regulation and business name registration, which he said could be more effectively managed by states and local governments.
He noted that concerns over state police becoming instruments of political control were justified, citing the experience of State Independent Electoral Commissions and local governments, which he said had largely been subjected to executive influence.
Drawing inspiration from South Africa’s constitutional framework, Agbakoba urged Nigeria to establish constitutionally protected institutions similar to those created under Chapter 9 of the South African Constitution.
According to him, institutions such as the Nigeria Police Force, the Independent National Electoral Commission (INEC), the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Central Bank of Nigeria (CBN), the National Judicial Council (NJC), the Attorney General’s Office, the Accountant General’s Office, the National Human Rights Commission and the Code of Conduct Bureau should enjoy constitutional independence.
He proposed that these institutions be granted security of tenure for their leadership, guaranteed funding through direct charges on the Consolidated Revenue Fund, and accountability to the National Assembly or State Houses of Assembly rather than the executive arm of government.
The senior lawyer also recommended a shared appointment and removal process for state police leadership, similar to the judicial model.
Under his proposal, the Police Service Commission would nominate qualified candidates, governors would appoint them, while State Houses of Assembly would confirm the appointments. The same process, he said, should apply to removals to prevent unilateral executive action.
Agbakoba maintained that only a constitutional framework built on checks and balances, institutional independence and shared responsibility among the three arms of government would prevent state police from becoming tools of oppression and strengthen Nigeria’s democratic governance.
