Agbakoba urges FG to shield key institutions from executive control

…Says state police alone won’t guarantee reforms

By Olasunkanmi Akoni

Constitutional lawyer and former Nigerian Bar Association (NBA) President, Olisa Agbakoba (SAN), has urged the Federal Government to complement its proposed state police reforms by constitutionally insulating key national institutions from executive interference.

In a letter dated June 26, 2026, addressed to the Secretary to the Government of the Federation (SGF), George Akume, and made available to journalists on Monday, Agbakoba commended President Bola Tinubu for forwarding an executive bill to the National Assembly seeking to amend Section 214 of the 1999 Constitution to establish state police.

He described the proposal as a welcome step that could bring policing closer to the people if properly implemented. However, he cautioned that decentralising policing without adequate constitutional safeguards could expose state police to political manipulation.

According to him, previous reforms such as State Independent Electoral Commissions (SIECs) and local governments were conceived with noble intentions but eventually became subject to executive control in many states.

Recommends South African model

Agbakoba urged Nigeria to adopt constitutional safeguards similar to those contained in Chapter 9 of South Africa’s Constitution, where institutions such as the Public Protector, Human Rights Commission and Electoral Commission derive their independence directly from the Constitution.

He noted that such institutions enjoy security of tenure, guaranteed funding and accountability to Parliament rather than the executive.

According to him, Nigeria should extend similar constitutional protection to critical institutions, including 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), Attorney-General’s office,

Accountant-General’s office, National Human Rights Commission, Code of Conduct Bureau and the Office of the Public Defender.

He proposed that these agencies should enjoy guaranteed tenure for their leadership, funding charged directly to the Consolidated Revenue Fund and oversight by the National Assembly or State Houses of Assembly instead of the President or state governors.

To prevent political interference, Agbakoba recommended a tripartite appointment and removal process similar to that of the judiciary.

Using state police as an example, he suggested that the Police Service Commission should nominate candidates, governors appoint them, while State Houses of Assembly confirm the appointments. He said the same process should apply to removals.

“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 warned.

Seeks broader devolution of powers

The senior advocate also called for the devolution of additional responsibilities to states and local governments, including the administration of driver’s licences, prisons, marriage registration, arbitration, trade regulation and business name registration.

He argued that decentralising these functions would reduce the burden on the Federal Government and improve service delivery.

Agbakoba anchored his proposals on the principle of “limited government,” popularised by the late constitutional scholar, Prof. Ben Nwabueze, which advocates strong, independent institutions capable of checking executive power.

“I trust the Federal Government will give serious consideration to the constitutional reforms proposed herein,” he stated.