Speaking on the proposed creation of state police, the former president of the Nigerian Bar Association acknowledged that the institutional framework would require further public engagement to produce the most effective model.
"Once we create that process—I may not be too clear in how the process will evolve—and if we had had a public forum to discuss this, I'm sure we would have come out with a very good format," Agbakoba said.
Despite acknowledging that the details remain open for discussion, the senior advocate maintained that one principle should be non-negotiable.
"The key point is let the state commander not be under the control of the governor," he said.
Agbakoba argued that Nigeria's current policing structure already demonstrates the risks of executive control over law enforcement, noting that the leadership of the national police is directly answerable to the President.
"Right now the police command—even at the head—the Inspector General is under the control of the President," he said.
He further observed that the President has the authority to remove the Inspector General of Police, a situation he believes should not be replicated at the state level.
"The President of Nigeria can fire the IG at will," Agbakoba stated.
Drawing a comparison with the judiciary, he pointed to the constitutional protections enjoyed by the Chief Justice of Nigeria as a model for safeguarding state police leadership from arbitrary removal.
"But the President cannot fire the Chief Justice of Nigeria at will," he said.
Agbakoba urged policymakers to adopt a similar constitutional framework for state police commands, saying judicial independence offers a useful template for balancing accountability with operational autonomy.
"The format by which the Nigerian Chief Justice is insulated is exactly what I'm recommending for the state police command," he added.
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