State Police Debate Intensifies as Falana Raises Legal, Financial Concerns Over Constitutional Amendment

 Senior Advocate of Nigeria (SAN) and human rights lawyer Femi Falana has urged caution over the Federal Government's proposed constitutional amendment to establish state police, warning that the initiative could create fresh political and constitutional challenges if not properly structured.

Falana made the remarks during a television interview while reacting to President Bola Tinubu's transmission of the Constitution (Sixth Alteration) Bill to the National Assembly, seeking to decentralize policing and empower states to establish their own police services.

According to the senior lawyer, the proposal is not a new concept in Nigeria's constitutional history, noting that the country operated a decentralized policing system during the First Republic between 1960 and 1966.

Falana explained that under the First Republic, Nigeria maintained both federal and regional police forces, with local policing structures operating effectively in various parts of the country.

"In the North, policemen were known as Yan Doka, while in the Western Region they were called Olopa. So there is actually nothing entirely new about the present proposal," he said.

However, he recalled that the regional policing arrangement was eventually abolished after widespread allegations that regional governments used their police forces to intimidate political opponents and manipulate elections.

He noted that these concerns prompted extensive constitutional debates between 1975 and 1979, eventually leading to the establishment of a centralized Nigeria Police Force under the 1979 Constitution.

Falana questioned whether the same political abuses that led to the abolition of regional police have been adequately addressed.

"If we are returning to the previous arrangement, we must first answer why it failed. Have those fears disappeared? Have adequate safeguards been introduced? I have not seen them," he stated.

He argued that while the National Assembly has passed aspects of the constitutional amendment, the current proposals remain "very sketchy" and fail to answer critical questions regarding accountability.

One of Falana's major concerns centers on the appointment of state commissioners of police.

He questioned the process through which commissioners would be selected and protected from political interference.

"Other than stating that governors will appoint commissioners, where do we go from there? What checks and balances exist? How do we ensure they serve the people rather than the political elite?" he asked.

According to him, any new policing system must guarantee fairness, professionalism and operational independence.

Falana also expressed concern over the financial implications of creating state police, noting that many state governments already struggle to meet basic obligations such as salary and pension payments.

"How will some states that cannot regularly pay workers' salaries or pensions fund modern policing, purchase equipment and provide adequate welfare for officers?" he queried.

He warned that establishing state police without sustainable funding mechanisms could weaken security rather than improve it.

The legal expert pointed out that despite legislative progress at the federal level, the constitutional amendment still faces another significant hurdle.

He explained that approval from at least 24 state Houses of Assembly is required before the amendment can become law.

According to him, the constitutional process should not be rushed without broader consultations on operational structures, funding arrangements and accountability mechanisms.

Falana acknowledged that some Nigerians have questioned the timing of the proposal, with the country gradually approaching the 2027 general elections.

Some critics fear that empowering governors with state-controlled police could increase the risk of political intimidation during elections.

However, Falana cautioned against assuming sinister motives solely because the proposal is coming from politicians.

"I don't think we should criminalize politicians or deny them the opportunity to initiate reforms. The conversation about restructuring and state police has existed for many years," he said.

Nevertheless, he stressed that unresolved legal and institutional issues continue to fuel public skepticism.

While recognizing Nigeria's worsening insecurity including kidnappings, banditry and violent crimes Falana argued that creating additional police institutions alone would not solve the country's security challenges.

He maintained that insecurity must be addressed from both security and socio-economic perspectives.

"We often reduce insecurity to policing structures alone. We ask whether we need more police stations or more officers, but we neglect the underlying social problems."

According to him, unemployment, poverty and lack of opportunities continue to push many young Nigerians toward criminal activities.

Falana urged the government to complement security reforms with investments in employment creation, social protection programmes and poverty reduction.

He argued that unless government addresses the root causes of crime, insecurity would persist regardless of whether policing remains centralized or becomes decentralized.

"Creating state police without addressing unemployment, extreme poverty and social welfare will not resolve the crisis. The solution must be holistic," he said.

Falana's comments come amid criticism from the Peoples Redemption Party (PRP), which has urged the Federal Government to prioritize strengthening existing security institutions before creating new policing structures.

The party argued that the government should focus on tackling insecurity directly rather than embarking on what it described as an expensive institutional expansion.

With the constitutional amendment now progressing through Nigeria's legislative process, the proposal is expected to generate intense national debate among lawmakers, civil society organizations, security experts and state governments.

Supporters argue that state police would improve intelligence gathering and community policing, while critics insist that without strong constitutional safeguards, financial sustainability and political neutrality, the reform could recreate the abuses that led to the abolition of regional police over five decades ago.