Nigerians clamouring for state police may have to wait a little longer as the process of amending the 1999 constitution to make the initiative possible may take two years.
The constitution amendment process is expected to run from January 2024 to December 2025, according to the work plan unveiled by the committee on constitution review chaired by the Deputy Speaker, House of Representatives, Benjamin Kalu.
The Chairman of the House Committee on Rules and Business, Francis Waive, in an interview with The According on Monday, said like other issues relating to review of the constitution, amendment of the Nigeria Police Act to accommodate state police would take two years.
Waive also said the House of Representatives Committee on Constitution Review planned to meet with state governors, traditional rulers, and leaders of faith-based organisations in June on the state police bill.
In a demonstration of its seriousness, the Federal Government had on February 15 constituted a committee which included governors, to explore the possibility of creating state police to address the worsening security situation in the country which had defied various measures, including troop deployment across the country.
The police bill, sponsored by Kalu and 14 others, passed the second reading on February 20, 2024.
It seeks among others, to alter the relevant sections of the 1999 constitution to pave the way for states to establish their policing outfits.
State police
Titled, ‘A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999 to Provide for Establishment of State Police and Related Matters,’ the bill puts the police on the concurrent list.
In the 1999 constitution, policing is on the Exclusive Legislative List and therefore, under the direct control of the Federal Government.
The bill comprises 18 clauses and aims to amend sections 34, 35, 39, 42, 84, 89, 129, 153, 197, 214, 215 and 216 of the constitution.
According to the work plan obtained by The According on Monday, the engagement in June will involve “Meeting with all 36 state governors to solicit their support for the amendment when the bill gets to the states assembly.”
The engagement with the governors was also meant to seek their support for the passage of the controversial local government autonomy bill.
Before then, the committee will meet with civil society groups, citizens and marginalized groups and this would be coordinated by the Constitution Review Committee and the Policy and Legal Advocacy Centre.
While highlighting key issues for amendment at the inauguration of the committee, Kalu had solicited memoranda from the executive and judicial bodies, state governments, women groups, academics, civil society organisations, labour unions, professional bodies, ethnic nationalities, Nigerians in the diaspora, diplomats and the general public on the federal structure and power devolution; local government/local government autonomy; public revenue, fiscal federalism, and revenue allocation; Nigeria police and Nigerian security architecture; comprehensive judicial and electoral reforms, among other areas.
Two-year work plan
Speaking with our correspondent on the police bill on Monday, Chairman of the House Committee on Rules and Business, Waive, explained that being a constitutional matter, it would be difficult to put a date of passage to the state police bill, adding, however, that the Constitution Review Committee had rolled out its two year-work plan.
He said, “That (state police) is a constitutional matter. After the second reading, the bill was referred to the Constitution Review Committee like all other constitutional amendment issues. The committee has rolled out its two-year work plan.
“The entire constitution amendment process has a two-year life span from January 2024 to December 2025.”
On the expected input from the National Economic Council chaired by Vice President Kashim Shettima, a source in the Office of the Deputy Speaker, who craved anonymity because he was not authorised to speak to the media on any constitutional amendment issues, said, “The NEC may have already submitted input to the committee. You know that the invitation for memoranda covers key government functionaries and the entire public.”
Although more state governments have submitted their reports on the establishment of state police, it could not be confirmed if the NEC would meet this Thursday, April 18.
At its 140th meeting held at the Aso Rock Villa on March 21, the Council received reports from 16 state governors expressing their support for establishing the state police.
They also recommended changes to the constitution to allow for the creation of state police.
The spokesperson for the Vice President, Mr Stanley Nkwocha, had revealed that NEC was still awaiting reports from 20 states, expressing confidence that others would support it.
However, no details were given about the specific states.
Nkwocha at the time affirmed that the total number of states would be presented at the next NEC meeting even as “the compilation is still going on.”
Although the next meeting was scheduled to be held on April 18, the council Secretary, Mr Nebeolisa Anako, earlier told The According that a date for the April session would be confirmed after the Easter holidays.
“Yes, more states have submitted. NEC meeting will be confirmed when work resumes,” he said at the time.
However, Anako did not respond to questions about the date for the NEC meeting when contacted on Monday.
Also, findings from the Office of the Vice President showed that the usual correspondence preceding NEC meetings had not been received as of Monday night.
Giving an update on the state policing initiative, a presidency official who spoke on condition of anonymity because he was not authorised to speak on the issue, said, “The President told the state governors to discuss it further at the state level.
“A committee was set up for that. We have not heard from the committee yet. Don’t also forget that simultaneously, the national assembly is considering inserting state policing in the constitution. So, there is a consensus around state policing.
“As for the forest guards, work is going on with it. There are existing forest guards in several states, but they are under the states’ ministries of agriculture. The goal now is to strengthen their capacity by arming them properly and recruiting more people.’’
But reacting to the long time it would take for the state policing initiative to take shape, a former Assistant Inspector-General of Police, Ali Amodu, faulted the planned two-year constitutional amendment, noting that the issue of state policing was an urgent need of the country.
He suggested that the Reps committee ought to do its job with speed.
“It’s unfortunate that an important issue like this, the legislators will drag it on for this number of years; it’s most unfortunate. It is not good for the security situation of the country.
“Two years before it can be actualised, what are they doing then? Is it because they do not go to their constituencies all the time? If they do, they will know the issue of the state policing is one of the urgent needs of the country for now,’’ the retired police chief said.
Continuing, he stated, ‘’They set up a committee for that, let the committee step up and do the job with speed. We appeal to the legislature, this thing is urgent, it is important to deal with the situation at hand.
“I’m quite aware that they would need to amend the Constitution, but that doesn’t need to take two years. I know that the 36 State Houses of Assembly will have to adopt that, it’s a process, and I know it’s not a month or two. But two years is quite long.”
Similarly, Afolabi Solanke, a security expert, argued that the whole process of debating the bill and passing it into law could take a month, if members of the legislature wanted the idea of state policing to fly, adding that the issue was an emergency.
He noted, “For me, it is a no. The two years is too much of a time for such a bill to be passed or adopted by both the House of Reps and the Senate. We do not need up to that. I do not think that is proper, two years is too much time, I disagree with that. This is an emergency.
“If they are going to allow it to fly, if they want it, then why do we need two years for it to be implemented? If they do not want it, they should stop playing politics with people’s lives, stop playing politics with issues that are as sensitive as such.’’
Meanwhile, a security risk consultant and the Managing Director of Beacon Security and Intelligence Limited, Dr Kabir Adamu, stated that while he was in support of a thorough process for the amendment of the constitution, he was not in support of wasting resources, pointing out that state policing was “a significant issue for Nigeria.”
He said, “Perhaps, one of the first things that should be done is to get a sense of the direction of the states, even before the processes of spending this kind of money.
“I mean, we have seen it in the past where the full process, either of constitutional change or even the law, or rather the bill will now be submitted to the President for assent, and then that assent will not be given until the end of the lifespan of that administration. While I am supportive of going through a thorough process, I am not supportive of wasting resources, not to achieve any tangible results.’’
