The potential introduction of state police in Nigeria could significantly complicate its unique federal system. A bill in the House of Representatives aims to establish state police forces, granting governors constitutional authority as the primary security and law enforcement officials within their respective states. In principle, this move aligns with the idea of states enjoying constitutional autonomy in governance and internal affairs within a federation,leadership reports.
However, an investigation by LEADERSHIP Sunday has revealed a notable absence: not a single state in Nigeria possesses its own constitution, a fundamental document that would confer legal authority upon governors as chief law enforcement officers. Consequently, the absence of state constitutions underscores the reliance on colonial-era laws, highlighting the enduring influence of federal legislation in shaping Nigeria’s legal framework, particularly in criminal justice and public safety matters.
The discrepancy in criminal laws among states, with some still relying on outdated statutes, underscores the need for legal reform and harmonization. While some states have recently adopted the Administration of Criminal Justice Act, others lag behind, relying on laws enacted in the 1960s or earlier. This disparity raises concerns about legal consistency and effectiveness in combating crime across the country.
Senior Advocates of Nigeria, Mike Ozekhome and Femi Falana, attribute the absence of state constitutions to historical factors, political expediency, and the legacy of military rule. They highlight the need for constitutional reform to decentralize power and empower governors in ensuring security and law enforcement within their jurisdictions.
The current constitutional framework presents challenges regarding the delineation of authority between federal and state governments, particularly in criminal matters. While governors possess executive powers, constraints imposed by federal law limit their authority, resulting in a centralized approach to law enforcement.
The existing setup creates an intricate web of responsibilities, often leaving state governors and police commissioners with overlapping and conflicting powers. Despite efforts by state police commands to address criminal activities, the lack of clear-cut authority and oversight poses challenges to effective law enforcement.
The coexistence of the Nigeria Police Force and state-controlled bodies like the Hisbah Board in Kano exemplifies the complex dynamics of law enforcement in Nigeria. While the Hisbah Board operates within the framework of Islamic law, its powers are limited compared to those of the Nigeria Police Force, reflecting the broader challenges of decentralization and legal harmonization.
In summary, the introduction of state police in Nigeria has the potential to reshape law enforcement and security dynamics. However, addressing the underlying issues of legal reform, constitutional autonomy, and effective governance is essential to ensuring the success and effectiveness of such a transition.
