Agbakoba seeks constitutional safeguards for proposed state police

Olisa Agbakoba, a prominent constitutional lawyer and former president of the Nigerian Bar Association, has called on the Federal Government to ensure that key national institutions remain insulated from executive influence. In a detailed letter dated June 26, 2026, addressed to the Secretary to the Government of the Federation, George Akume, Agbakoba expressed concerns about the potential risks associated with recent proposals to reform the country's policing structure. While he acknowledged the merits of President Bola Tinubu’s initiative to introduce an executive bill aimed at amending Section 214 of the 1999 Constitution to establish state police, he emphasized the need for robust constitutional safeguards to protect these new structures from political manipulation.

Agbakoba highlighted that past attempts at institutional reform, such as the creation of State Independent Electoral Commissions (SIECs) and the restructuring of local governments, had initially been driven by well-intentioned goals. However, over time, these entities often fell under the sway of executive authority within various states. This trend, according to Agbakoba, underscores the importance of learning from historical experiences when designing future reforms.

Drawing inspiration from South Africa’s constitutional framework, particularly Chapter 9, Agbakoba advocated for a model that ensures the independence of crucial institutions. Under this model, bodies such as the Public Protector, Human Rights Commission, and Electoral Commission derive their autonomy directly from the Constitution. These institutions benefit from secure tenure, assured financial support, and accountability mechanisms that focus on legislative oversight rather than executive control.

Agbakoba proposed extending similar constitutional protections to several vital Nigerian institutions, including the Nigeria Police Force, Independent National Electoral Commission (INEC), Economic and Financial Crimes Commission (EFCC), and others. His recommendations included ensuring that these organizations receive guaranteed funding from the Consolidated Revenue Fund, have their leadership appointed through a transparent process involving both the executive and legislative branches, and maintain oversight by the National Assembly or respective State Houses of Assembly.

To further safeguard against political interference, Agbakoba suggested implementing a tripartite appointment and removal process akin to that used for judicial appointments. For instance, in the case of state police, the Police Service Commission would be responsible for nominating candidates, who would then be appointed by the governor and confirmed by the State House of Assembly. The same mechanism would apply to the removal of officials, thereby preventing unilateral decisions by either the executive or legislature.

Beyond the realm of law enforcement, Agbakoba also called for a broader devolution of powers to states and local governments. He suggested that responsibilities such as the administration of driver’s licenses, prison management, marriage registration, arbitration, trade regulation, and business name registration be transferred to lower levels of governance. This shift, he argued, would alleviate pressure on the federal government and enhance the efficiency of public services.

Grounding his proposals in the concept of "limited government," Agbakoba referenced the ideas of the late constitutional scholar Prof. Ben Nwabueze. This principle emphasizes the necessity of strong, independent institutions that can effectively check and balance executive power. By advocating for constitutional reforms that align with these principles, Agbakoba hopes to foster a more resilient democratic framework in Nigeria.

As the debate around constitutional amendments continues, the Federal Government faces mounting pressure to consider Agbakoba’s suggestions seriously. With the nation poised to implement significant structural changes, the challenge lies in ensuring that these reforms not only address immediate concerns but also lay a foundation for long-term stability and accountability.