Dr Olisa Agbakoba (SAN) says it is time to consider further technical devolution including drivers’ licences, prisons, marriage registration, arbitration, trade regulation, registration of business names and all other matters best suited for states and local government areas, following passage of state police bill.
This is contained in a letter by Agbakoba to Secretary of the Government of the Federation, Dr George Akume, titled: “Beyond State Police: Why Nigeria Must Constitutionally Insulate Its Institutions From Executive Interference”, on Monday.
Agbakoba said devolution is to relieve the Federal Government of responsibilities that could be more efficiently managed at the sub – national level, adding that those were reforms worth serious consideration.
He, however, noted the well-founded concerns that state police might go the way of State Independent Electoral Commissions and local government areas, institutions established with good intentions but ultimately captured by state executives and rendered ineffective.
Agbakoba said devolution without institutional protection was reform in name only, and history had shown that where institutions lacked genuine constitutional protection, they inevitably became instruments of executive power rather than servants of the people and the constitution.
“I commend the President for transmitting to the National Assembly, an executive Bill proposing the amendment of Section 214 of the 1999 Constitution to introduce the long-awaited state police.
“This is a welcome development that will, if properly implemented, enhance public security and bring law enforcement closer to the communities it serves.
“Nigeria need not look far for a tested solution. The Constitution of South Africa offers an instructive model Chapter 9, titled: “Institutions Supporting Constitutional Democracy.
“This establishes and protects a range of independent state institutions including the Public Protector, the Human Rights Commission, the Electoral Commission, and the Auditor General, and crucially insulates them from executive interference.
“These institutions are not merely created by statute. They derive their independence directly from the constitution itself, with security of tenure for their heads, guaranteed funding, and accountability to parliament rather than to the executive.
‘The result is that in South Africa, neither the President nor any provincial governor can dictate to or manipulate these critical institutions,” he said.
Agbakoba said Nigeria should adopt this model as critical institutions such as the Nigeria Police Force, INEC, the EFCC, the ICPC, the CBN, the National Judicial Council, the Attorney General, the Accountant General, the National Human Rights Commission, the Code of Conduct Bureau, and the Office of the Public Defender.
He added that these institutions, which were currently listed under Section 153 of the 1999 Constitution as executive institutions, should be insulated from executive control and established as constitutionally protected institutions that consolidated democracy.
Agbakoba said these institutions should enjoy security of tenure, their funding should be a direct charge on the Consolidated Revenue Fund, and their accountability should be under the supervision of the National Assembly or the State Houses of Assembly and not the President or any governor.
According to him, this process has been described by Prof. Ben Nwabueze as the concept of limited government, which is the principle that executive power is not at large but is constrained by independent institutions guaranteed by the constitution.
Agbakoba said if the proposed state police framework was built on this constitutional architecture of independence and accountability, it is a welcome and progressive development.
He said if state police were simply handed to governors without these protections, they would inevitably become tools of oppression, and Nigeria would have traded one problem for a far worse one.
“What we recommend is an interlocking appointment, funding, and removal process like that, which governs the judiciary, in which all three arms of government play a defined and balancing role.
“Taking the state police as an example: the Police Service Commission would identify and recommend suitably qualified candidates to the governor; the governor would exercise the power of appointment; and the state house of assembly would confirm the appointment.
“The same tripartite structure should govern removal, so that no single arm of government can unilaterally install or dislodge the head of the police.
“This architecture of shared constitutional responsibility is the surest guarantee against executive capture and the politicisation of law enforcement.”
Agbakoba prayed that the submission would receive the attention it deserved and that the Federal Government would give serious consideration to the constitutional reforms proposed therein.
