State police, withdrawal of VIP security, increased military recruitment: A legal perspective

President Bola Ahmed Tinubu’s recent push for the creation of state police, the withdrawal of police escorts from VIPs, and the recruitment of additional military personnel reflect an important shift toward addressing Nigeria’s deep-seated security challenges. However, from a constitutional and operational perspective, these measures, though commendable, are coming rather late, considering the alarming height […]

President Bola Ahmed Tinubu’s recent push for the creation of state police, the withdrawal of police escorts from VIPs, and the recruitment of additional military personnel reflect an important shift toward addressing Nigeria’s deep-seated security challenges. However, from a constitutional and operational perspective, these measures, though commendable, are coming rather late, considering the alarming height insecurity has reached across the country.

The establishment of state policing can not be implemented by the mere executive directive. It is a constitutional question. Under Section 214(1) of the 1999 Constitution, the Nigeria Police Force “shall be the only police force for the Federation.”

Similarly, Section 215(2) vests operational control of the Police in the President through the Inspector-General of Police (IGP). These provisions make it constitutionally impossible for states to independently create and control their own police forces without constitutional alteration.

Therefore, President Tinubu’s renewed advocacy for state police is, in law, a long-overdue proposal that must go through the rigorous process of constitutional amendment under Section 9(2), which requires approval by:

Two-thirds of both Houses of the National Assembly, and at least two-thirds of the State Houses of Assembly.

Because the constitutional hurdles are extensive, state policing can not be an emergency response. It is a medium-to-long-term reform, not an immediate solution.

Nigeria’s security crisis can not be solved by reactive measures. Globally accepted counter-terrorism practice requires short-term, medium-term, and long-term strategies.

A hasty implementation of state police risks infiltration by terrorists and violent non-state actors, especially when recruitment processes lack proper intelligence vetting. Such infiltration has been common in conflict-prone jurisdictions worldwide.

Thus, while long-term reforms are underway, the immediate priority should be the deployment of all trained uniformed personnel armed and non-armed into strategic security operations to stabilize the nation.

The President’s directive withdrawing police personnel from VIP protection duties is legally justified. Under Section 215(3), the President may issue lawful directives to the IGP on matters of internal security. VIP protection is not a constitutionally entrenched entitlement. At a time when terrorists are attacking the territorial integrity of Nigeria, redeploying officers from personal protection to national security operations is not only legal but necessary.

Indeed, securing the nation is the highest form of VIP protection because once the country collapses, no individual VIP or otherwise is safe.

The president’s call for robust recruitment into the armed forces aligns with Section 217(2)(a), which empowers the military to:

Defend Nigeria from external aggression and maintain its territorial integrity and security. Given the expanding operational demands, from counter-terrorism to anti-banditry, the armed forces must be strengthened numerically and technologically. But recruitment must be intelligence-driven to prevent the absorption of compromised individuals.

President Tinubu’s decision to cut short his foreign trip to attend the G20 Summit in South Africa demonstrates executive sensitivity to the urgency of Nigeria’s worsening insecurity. National security remains the primary constitutional obligation of the President under Section 14(2)(b), which states:

“The security and welfare of the people shall be the primary purpose of government.”

This underscores the foundational truth that sovereignty belongs to the people, and without the safety of the populace, the Nigerian state can not stand.

President Tinubu’s security directives are steps in the right direction, but they require structured implementation, constitutional compliance, and strategic coordination.

State policing is a constitutional long-term project; security redeployment and military reinforcement are immediate priorities.

Nigeria is at a precarious moment, and only a well-planned, constitutionally grounded strategy can restore national stability and protect the citizenry upon whom the nation’s sovereignty rests.

 

 Justice Osai Ahiakwo wrote from Calabar, Cross River State