Senate has said that the Federal Capital Territory was excluded from the proposed state police arrangement because it does not have a governor or a State House of Assembly.
According to the Senate, the FCT remains directly under the administration of the Federal Government.
The Chairman of the Senate Committee on Media and Publicity, Yemi Adaramodu, gave the explanation on Friday while answering questions over why the FCT was not included in the constitutional framework for the establishment of state police.
Adaramodu said the administrative structure of the FCT was fundamentally different from that of the 36 states, noting that the territory is headed by a minister who operates under the Federal Executive Council.
The Ekiti lawmaker added that the National Assembly exercises legislative powers over the FCT, unlike the states, which have governors and Houses of Assembly.
He said, “I have heard many people raise a lot of questions on why the Federal Capital Territory is not among the plan for state police. The FCT issue is different. It is under the Federal Government.
“Again, the FCT does not have a governor. It is run by a minister who subscribes to the Federal Executive Council. It is from this FEC that the FCT takes directives and its administrative relevance.
“So, the federal capital does not have an assembly. It is the National Assembly that legislates for the FCT. This is why it can’t be different from what the Federal Government does. Therefore, the federal police are in charge.”
The clarification comes as the Federal Government moves to establish a new policing architecture following growing calls for the decentralisation of policing and the constitutional backing of state police.
The Presidency had announced that President Bola Tinubu was expected to receive the draft Executive National Policing Bill on September 3 as part of efforts to overhaul the country’s policing system.
The Chief of Staff to the President and Chairman of the Presidential Working Group on the National Policing Bill, Femi Gbajabiamila, disclosed this after a meeting of the group at the Presidential Villa, Abuja.
He also unveiled a public information portal through which Nigerians can submit memoranda and position papers to shape the proposed legislation before its consideration by the President and eventual transmission to the National Assembly.
While the constitutional amendment provides the legal foundation for state police, the Executive Bill is expected to provide the operational framework for implementing the new policing architecture.
The proposed framework has, however, generated debate over the funding and administration of state police.
Under the constitutional amendments, state Houses of Assembly would have powers to make laws relating to the establishment, organisation, administration, funding and oversight of state police.
The proposed framework places the primary funding responsibility on the states, while also allowing for federal grants or assistance.
A new provision, Section 216A, states that the Federal Government shall provide grants or aid to state police on the recommendation of the National Police Council, subject to the approval of the National Assembly.
However, the provision does not specify a minimum federal contribution, funding formula or guaranteed revenue stream for state police.
The arrangement means that while states would be expected to shoulder the primary financial responsibility for their police forces, access to federal assistance would depend on a recommendation by the National Police Council and subsequent approval by the National Assembly.
The National Police Council is chaired by the President and includes other senior federal and state officials, meaning the proposed funding mechanism could become an important aspect of the relationship between state governments and the Federal Government once the new policing system becomes operational.
The FCT, however, would remain outside that arrangement under the existing constitutional structure, according to Adaramodu, because the territory is administered directly by the Federal Government and does not have the institutional structures of a state.
With the proposed state police framework expected to go through further harmonisation and legislative processes, the question of how policing will operate in the FCT is likely to remain tied to the territory’s unique constitutional and administrative status.
