Education
Agbakoba urges govt to shield key institutions from executive control as Nigeria moves toward state policing – EnviroNews
– Advertisement –
A former President of the Nigerian Bar Association, Dr. Olisa Agbakoba (SAN), has called on the Federal Government to accompany the proposed creation of state police with far‑reaching constitutional reforms that protect national institutions from executive interference.
In an open letter dated June 26, 2026, and addressed to the Secretary to the Government of the Federation, Dr. George Akume (CON), Agbakoba commended President Bola Tinubu for transmitting a bill to the National Assembly seeking amendment of Section 214 of the 1999 Constitution to introduce state policing. He described the move as “a welcome development” capable of improving public safety and strengthening community‑level law enforcement.
But the senior advocate warned that without strong constitutional safeguards, state police could be vulnerable to the same political capture that has weakened State Independent Electoral Commissions and local governments across the country.
Call for broader devolution
Agbakoba argued that the introduction of state police should trigger a wider conversation about devolving additional responsibilities to states and local governments. He listed drivers’ licences, prisons, marriage registration, arbitration, trade regulation, and business name registration as functions that could be more efficiently handled at the subnational level.
“These are reforms worth serious consideration,” he wrote, noting that devolving such functions would reduce the burden on the federal government and improve service delivery.
Warning against executive capture
The SAN expressed concern that without constitutional protection, state police could become tools of oppression in the hands of governors.
“Devolution without institutional protection is reform in name only,” he cautioned. “Where institutions lack genuine constitutional protection, they inevitably become instruments of executive power rather than servants of the people and the Constitution.”
South Africa as a model
Agbakoba urged Nigeria to adopt a constitutional framework similar to South Africa’s Chapter 9 institutions, which include the Public Protector, Human Rights Commission, Electoral Commission, and Auditor General. These bodies, he noted, enjoy security of tenure, guaranteed funding, and independence from executive control.
“In South Africa, neither the President nor any provincial governor can dictate to or manipulate these critical institutions,” he said.
Proposed reforms for Nigeria
He recommended that several Nigerian institutions currently listed under Section 153 of the Constitution – including the Nigeria Police Force, INEC, EFCC, ICPC, CBN, National Judicial Council, Attorney General, Accountant General, National Human Rights Commission, Code of Conduct Bureau, and Office of the Public Defender – be reclassified as constitutionally protected bodies insulated from executive influence.
According to him, these institutions should have:
- Security of tenure for their leadership
- Funding charged directly to the Consolidated Revenue Fund
- Accountability to the National Assembly or State Houses of Assembly, not the President or Governors
He cited Professor Ben Nwabueze’s concept of limited government, stressing that executive power must be constrained by independent institutions guaranteed by the Constitution.
Tripartite appointment structure
Using state police as an example, Agbakoba proposed an interlocking appointment and removal process involving all three arms of government:
- The Police Service Commission would identify and recommend candidates.
- The Governor would appoint.
- The State House of Assembly would confirm.
The same structure, he said, should apply to removal, ensuring no single arm of government can unilaterally hire or fire the head of the police.
“This architecture of shared constitutional responsibility is the surest guarantee against executive capture and the politicisation of law enforcement,” he wrote.
A call for serious consideration
Agbakoba concluded by urging the Federal Government to give “serious consideration” to the proposed reforms, expressing confidence that the SGF would accord the submission the attention it deserves.
He warned that without constitutional insulation, the introduction of state police could worsen Nigeria’s governance challenges rather than solve them.
“If state police are simply handed to governors without these protections, they will inevitably become tools of oppression, and Nigeria will have traded one problem for a far worse one,” he said.
