State Police: 28 state assemblies approve constitutional amendment, NASS says

Screenshot of Senate at plenary

The National Assembly has said 28 State Houses of Assembly have approved the proposed constitutional amendment seeking to establish state police services across Nigeria, exceeding the minimum number required to alter the 1999 Constitution by four.

The Clerk to the National Assembly, Kamoru Ogunlana, said this in a statement on Tuesday, adding that the approvals exceed the constitutionally prescribed threshold of two-thirds of the 36 state legislatures.

Under Section 9(2) of the 1999 Constitution, a bill seeking to alter the Constitution must be approved by resolutions of at least two-thirds of all State Houses of Assembly. This means that at least 24 states must endorse the proposed amendment before the process can advance.

With 28 approvals now formally received and verified, the proposed amendment has secured the required support from the state legislatures, bringing the country closer to adopting a decentralised policing structure.

Mr Ogunlana said the Office of the Clerk had received reports from the 28 assemblies and examined their accompanying Votes and Proceedings to establish their authenticity and confirm that the records accurately reflected the decisions taken by the respective legislatures.

“Following the receipt and verification of the reports, the Office confirms that 28 State Houses of Assembly have approved the Bill.

“This represents more than the constitutionally prescribed threshold of not less than two-thirds of the 36 State Houses of Assembly, equivalent to 24 States, as required under Section 9 of the Constitution of the Federal Republic of Nigeria, 1999,” the statement read.

He said the National Assembly had also begun the administrative processes required to transmit the bill to President Bola Tinubu for assent.

The amendment is contained in the Constitution of the Federal Republic of Nigeria, 1999 (Sixth Alteration) Bill, 2026, which seeks to provide a constitutional framework for establishing State Police Services and related matters.

The bill was transmitted to the 36 State Houses of Assembly on 16 September for consideration and approval.

According to Mr Ogunlana, the Clerk’s office asked the state legislatures to communicate their decisions to the National Assembly within 30 days of receiving the bill.

The stipulated period expired on 15 October. However, he said the office would continue to receive reports from the state assemblies until the bill is transmitted for assent.

The 30-day period was an administrative timeframe set by the National Assembly and not a constitutional deadline.

The development follows the passage of the proposed constitutional amendment by both chambers of the National Assembly.

The Senate passed the State Police Constitution Alteration Bill on 24 June, while the House of Representatives approved it on 23 July after considering the report of its Committee on Constitution Review, chaired by Deputy Speaker Benjamin Kalu.

The House’s consideration of the proposal followed a decision to rescind its earlier version of the bill and adopt the executive proposal transmitted by President Bola Tinubu.

The House’s passage, however, was accompanied by controversy, as members of the Minority Caucus staged a walkout over concerns about the voting process.

Despite the disagreement, the House proceeded to consider and pass the proposal, completing the National Assembly’s initial legislative stage.

After both chambers passed it, the Clerk to the National Assembly transmitted the bill to the state legislatures in September for the constitutionally required ratification.

The approvals received from the states have now satisfied the two-thirds requirement under Section 9(2) of the Constitution.

The proposed amendment seeks to move Nigeria away from its existing centralised policing arrangement towards a dual structure comprising Federal Police Services and State Police Services.

Under the current constitutional framework, the federal government largely controls policing through the Nigeria Police Force, with the Inspector-General of Police exercising overall command.

The proposed arrangement would allow individual states to establish their own police services under a constitutional framework, while retaining the Federal Police Service.

A key provision of the proposal empowers state governors to appoint commissioners of police for their respective states, subject to recommendations by the appropriate police service commission and confirmation by the State House of Assembly.

The proposal also provides for a framework governing the relationship between state governors and their police commands, including the issuance of lawful directives on matters relating to public safety and public order.

It is intended to allow policing institutions to respond more effectively to security threats within their respective jurisdictions, taking into account local circumstances, intelligence and community needs.

Although the required number of state approvals has been secured, establishing state police services is not automatic.

The National Assembly must complete the remaining processes associated with the constitutional alteration and formally authenticate the approved amendment.

In his statement, Mr Ogunlana said the Office of the Clerk was undertaking the necessary administrative processes to facilitate the transmission of the bill to Mr Tinubu for assent in accordance with the Acts Authentication Act, CAP A2, Laws of the Federation of Nigeria, 2004.

Meanwhile, Senate Leader Opeyemi Bamidele said the National Assembly intended to complete the remaining legislative processes and transmit the amendment to President Tinubu before December 2026.

Mr Bamidele said the two chambers would collate and consider the resolutions received from the state legislatures before passing the necessary resolution.