Former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba, SAN, has urged the Federal Government to go beyond the proposed establishment of state police by undertaking far-reaching constitutional reforms that would shield critical public institutions from executive interference.
In an Open Letter addressed to the Secretary to the Government of the Federation, Dr. George Akume, Agbakoba applauded President Bola Ahmed Tinubu for forwarding an Executive Bill to the National Assembly seeking an amendment to Section 214 of the 1999 Constitution to pave the way for the establishment of state police.
He described the proposal as “a welcome development” that would, if properly implemented, “enhance public security and bring law enforcement closer to the communities it serves.”
However, the senior advocate warned that the creation of state police without strong constitutional safeguards would merely transfer the problem of political interference from the federal level to the states.
“Devolution without institutional protection is reform in name only,” Agbakoba stated. “History has shown that where institutions lack genuine constitutional protection, they inevitably become instruments of executive power rather than servants of the people and the Constitution.”
He argued that the current debate on state police should also open the door to broader constitutional devolution, asking whether the country should not also transfer responsibilities such as drivers’ licence administration, prisons, marriage registration, arbitration, trade regulation and business name registration to states and local governments.
“These are reforms worth serious consideration,” he noted, adding that such changes would relieve the Federal Government of responsibilities that could be more efficiently managed at sub-national levels.
Agbakoba expressed concern that state police could suffer the same fate as State Independent Electoral Commissions and local governments, which, according to him, have largely become subject to the control of state governors.
To avoid such a scenario, he recommended that Nigeria adopt the constitutional model used in South Africa, where key democratic institutions derive their independence directly from the Constitution rather than from executive authority.
He pointed to Chapter 9 of the South African Constitution, which establishes independent institutions such as the Public Protector, the Human Rights Commission, the Electoral Commission and the Auditor-General, with constitutional guarantees protecting them from political interference.
“The result is that in South Africa, neither the President nor any provincial governor can dictate to or manipulate these critical institutions,” he said.
According to Agbakoba, Nigeria should similarly restructure critical institutions, including 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, by granting them constitutional independence.
He proposed that these institutions should enjoy security of tenure for their leadership, have funding charged directly to the Consolidated Revenue Fund, and be accountable to the National Assembly or State Houses of Assembly rather than to the President or state governors.
Agbakoba anchored his recommendation on the constitutional philosophy advanced by renowned constitutional scholar, Ben Nwabueze.
“This process has been described by Professor Ben Nwabueze as the concept of limited government, which is the principle that executive power is not at large but is constrained by independent institutions guaranteed by the Constitution,” he stated.
He maintained that the proposed state police framework should be built on this architecture of constitutional independence.
“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, and Nigeria will have traded one problem for a far worse one.”
As part of the reforms, Agbakoba recommended an interlocking appointment and removal process modelled after the judiciary, where all three arms of government exercise balancing roles.
Using state police as an example, he proposed that the Police Service Commission should identify and recommend qualified candidates, the governor should appoint from the recommended list, while the State House of Assembly should confirm the appointment. The same collaborative process, he said, should apply to the removal of police chiefs.
“This architecture of shared constitutional responsibility is the surest guarantee against executive capture and the politicisation of law enforcement,” he said.
Agbakoba expressed confidence that the Federal Government would give serious consideration to his proposals as deliberations on constitutional reforms continue, stressing that institutional independence remains essential to strengthening Nigeria’s democracy and ensuring that the benefits of devolution are not undermined by political control.
