State Police: Agbakoba Writes Akume, Says Nigeria Must Learn From South Africa
Former President of the Nigerian Bar Association, Dr. Olisa Agbakoba, SAN, has urged the Federal Government to draw lessons from South Africa in designing Nigeria’s proposed state police system, warning that. . .
Former President of the Nigerian Bar Association, Dr. Olisa Agbakoba, SAN, has urged the Federal Government to draw lessons from South Africa in designing Nigeria’s proposed state police system, warning that without strong constitutional safeguards, the reform could be captured by governors and turned into an instrument of political oppression. Agbakoba made the call in a letter dated June 26, 2026, and addressed to the Secretary to the Government of the Federation, Senator George Akume. The senior lawyer commended President Bola Tinubu for transmitting to the National Assembly an executive bill seeking to amend Section 214 of the 1999 Constitution to introduce state police. He described the move as a welcome development that could enhance public security and bring law enforcement closer to communities if properly implemented. The National Assembly has already advanced the state police proposal as part of the ongoing constitutional amendment process. Recent reports said the reform would allow Nigeria’s 36 states to establish their own police services alongside a federal police structure, although the amendment still requires approval by at least two-thirds of state Houses of Assembly before it can become law. However, Agbakoba warned that the proposed state police structure must not be handed over to state executives without institutional protection. According to him, Nigeria’s experience with State Independent Electoral Commissions and local governments shows that institutions created with noble intentions can be captured by governors and rendered ineffective. “Devolution without institutional protection is reform in name only,” Agbakoba said, adding that where institutions lack genuine constitutional protection, they eventually become instruments of executive power rather than servants of the people and the Constitution. Agbakoba said Nigeria should look to South Africa’s constitutional model, particularly Chapter 9 of the South African Constitution, which creates “Institutions Supporting Constitutional Democracy. ”These institutions include the Public Protector, the South African Human Rights Commission, the Electoral Commission and the Auditor-General, all of which derive their independence directly from the Constitution. He noted that South Africa’s Constitution also provides that the national police service must be structured to function in national, provincial and, where appropriate, local spheres of government. Agbakoba argued that Nigeria should apply similar constitutional safeguards not only to state police but also to other critical institutions. He listed the Nigeria Police Force, INEC, EFCC, ICPC, CBN, National Judicial Council, Attorney General, Accountant General, National Human Rights Commission, Code of Conduct Bureau and Office of the Public Defender as institutions that should be insulated from executive control. According to him, such bodies should enjoy security of tenure, guaranteed funding as a direct charge on the Consolidated Revenue Fund and accountability to the National Assembly or state Houses of Assembly, rather than to the President or any governor. The former NBA president linked his proposal to the principle of limited government, which he said Professor Ben Nwabueze described as the idea that executive power must be constrained by independent institutions guaranteed by the Constitution. He warned that if state police are simply placed under governors without safeguards, Nigeria may trade one security challenge for a worse political danger. “If the proposed state police framework is built on this constitutional architecture of independence and accountability, it is a welcome and progressive development. If not, if state police are simply handed to governors without these protections, they will inevitably become tools of oppression,” he said. Agbakoba proposed what he called an interlocking appointment, funding and removal process similar to the structure governing the judiciary, where the three arms of government play defined and balancing roles. Using state police as an example, he recommended that the Police Service Commission should identify and recommend qualified candidates to the governor, the governor should make the appointment, while the State House of Assembly should confirm it. He said the same tripartite arrangement should apply to removal, so that no single arm of government can unilaterally appoint or remove the head of a state police command. Agbakoba also said the state police debate should open the door to broader technical devolution in Nigeria. He urged the Federal Government to consider devolving other functions such as drivers’ licences, prisons, marriage registration, arbitration, trade regulation, registration of business names and other matters that states and local governments can manage more efficiently. According to him, such reforms would relieve the Federal Government of responsibilities that are better handled at subnational levels. The letter comes amid renewed debate over whether state police will solve Nigeria’s worsening insecurity or create new centres of abuse at the state level. While supporters argue that local policing will improve intelligence gathering and response time, critics warn that governors may misuse the structure against political opponents, minorities and dissenting voices. For Agbakoba, the answer is not to abandon state police, but to build it on a constitutional framework that prevents executive capture. He urged the Federal Government to give serious consideration to the proposal, saying the success of the reform will depend not merely on creating state police commands, but on protecting them from political manipulation. SendUs A Press StatementAdvertise With UsContact UsAnd For More Nigerian News Visit GWG. NG