A Former President of the Nigerian Bar Association and Senior Advocate of Nigeria (SAN), Dr. Olisa Agbakoba, has urged the Federal Government to pursue broader constitutional reforms alongside its proposed introduction of state police, warning that decentralization without institutional safeguards could worsen executive interference.

In a letter dated June 26, 2026, to the Secretary to the Government of the Federation, Dr. George Akume, Agbakoba welcomed President Bola Tinubu’s transmission of an executive bill to the National Assembly seeking to amend Section 214 of the 1999 Constitution to establish state police.

He described the move as long overdue and said devolved policing could strengthen public security by bringing law enforcement closer to local communities.

But Agbakoba argued that the initiative should form part of a wider restructuring agenda that transfers more responsibilities from the Federal Government to states and local governments.

He listed functions such as drivers’ licences, prison administration, marriage registration, arbitration, trade regulation and business registration as areas that could be more efficiently managed at subnational levels.

According to him, devolution alone would not guarantee better governance unless institutions are protected from political control.

He cited the experience of State Independent Electoral Commissions and local governments, which he said had largely fallen under the influence of state executives despite being created to deepen democracy.

“Devolution without institutional protection is reform in name only,” he argued, warning that state police could become instruments of political control if constitutional safeguards are not built into the framework.

Agbakoba urged Nigeria to draw lessons from South Africa’s constitutional system, particularly Chapter 9 of its Constitution, which establishes independent institutions protected from executive interference.

He noted that bodies such as South Africa’s Electoral Commission and Human Rights Commission derive their independence directly from the constitution through secured tenure, protected funding and accountability to Parliament rather than the executive.

Applying that principle to Nigeria, Agbakoba proposed that key public institutions be reclassified as constitutionally protected bodies insulated from executive influence.

Among the institutions he identified were the Nigeria Police Force, Independent National Electoral Commission (INEC), Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC), Central Bank of Nigeria (CBN), National Judicial Council (NJC), Office of the Attorney-General, Office of the Accountant-General, National Human Rights Commission and the Code of Conduct Bureau.

He said these institutions should enjoy guaranteed tenure for their leadership, direct funding from the Consolidated Revenue Fund and legislative oversight rather than executive control.

The senior lawyer linked the proposal to the constitutional principle of limited government, championed by late constitutional scholar Prof. Ben Nwabueze, under which executive authority is restrained by independent institutions established by the constitution.

On state policing, Agbakoba recommended a shared appointment and removal process involving multiple arms of government.

Under his proposal, the Police Service Commission would nominate candidates, governors would appoint them and State Houses of Assembly would confirm the appointments. The same structure, he argued, should apply to removals.

According to him, such an arrangement would prevent governors from exercising unilateral control over state police and reduce the risk of politicising law enforcement.

Agbakoba expressed hope that the Federal Government would consider the recommendations as constitutional amendment discussions continue, stressing that state police can succeed only if backed by strong guarantees of independence and accountability.

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