State Police: The Bill and the Fear

Nigeria is finally close to what many have been demanding for since the return of democratic rule 25 years ago. That is State Police.

Last month, the Senate approved the constitutional amendment on June 24. The House of Representatives followed on July 23 with the Executive State Police Bill. And last week in Abuja, the Presidential Working Group led by Chief of Staff, Femi Gbajabiamila, kicked off a 7-week sprint to deliver the National Policing Bill by September 3.

No doubt, the goal is to have a Nigeria Police Force for national duties, and State Police Services for local policing, under common national standards. That is what the Bill seeks.

However, the announcement by the Working Group has rekindled the simple and old Fear. Thirty-six governors with thirty-six police commands. The fear of partisan arrests before elections. The fear of governors using state forces against opponents, against protesters, against communities that vote “wrong.” The fear that poor states will have glorified vigilantes while rich states build proper forces. In short, the fear of fragmentation, not federalism.

We reckon that both the Bill and the Fear are valid. And that is why the next 7 weeks will define Nigerian policing for a generation.

This newspaper has argued on this page that Nigeria must get the framework right for State Police to produce the desired outcome. That is still our standpoint.

It is clear that the constitutional amendment only creates the authority. It does not answer the hard questions. The National Policing Bill must provide the answers.

Recruitment, vetting, training, pay, equipment, and weapons control cannot be left to each state. There must be a national certification before any State Police takes off. As Gbajabiamila put it, “State Police cannot mean thirty-six state militias.”

So the questions are: Who investigates abuses? Who pays pensions? What is the complaint mechanism? How do we guarantee human rights and rules on use of force? Without this, in our opinion,   public trust will collapse on day one.

More questions: What happens when crime crosses state lines? When can the Federal Government intervene? The Bill says intervention must be “exceptional, evidence-based, proportionate, time-limited and reviewable.” We insist that that language must be cast in law, not goodwill.

Also, it is our considered opinion that if states cannot pay salaries, they cannot police. The Bill must link fiscal capacity to operational readiness.

For us, the Fear will not be cured by speeches. It will be cured by design. Each state must have an independent Police Service Commission and Complaints Board, with civil society and judicial representation. Recruitment, firearms, and incidents must be tracked in a national database to prevent abuse and duplication.

Again, we strongly suggest that not all 36 states should start at once. Let 6-10 states that meet readiness benchmarks pilot it. Learn, correct, then scale. We also need tenure for State Commissioners of Police, security of tenure, and clear removal processes to insulate them from governors. These must be clearly ingrained.

The Nigeria Governors’ Forum, NBA, Police, NSA and civil society are all at the table, according to Gbajabiamila. That is good. But the public must also be heard. It is note worthy that the Working Group has called for memoranda. Nigerians should submit them.

It is trite that no law will end insecurity tomorrow. Kidnapping, banditry, and terrorism will not vanish over night because we passed a Bill. But continuing with one centralized police for 230 million people has also not worked.

The choice before the National Assembly is not between State Police and no State Police. It is between a well-regulated State Police system, and a rushed one that confirms everyone’s worst fears.

Accordingly, the Bill must be technically sound in a manner that the Fear must be legislated out.

If we get the safeguards right, State Police can deliver what Nigerians need most: police that are closer, faster, and more accountable to the communities they serve.

Nigerians should be aware that the window closes on September 3.