State Police Bill: Litigants challenge House of Reps’ passage procedure in court
Four litigants—comprising two civil society groups and two individuals—have dragged the House of Representatives and its Speaker before the Federal High Court in Abuja, challenging the legislative procedure adopted in passing the constitutional amendment bill seeking to establish State Police in Nigeria.
The plaintiffs, under suit number FHC/ABJ/CS/2191/2026, are the Abuja School of Social and Political Thought, Speak-Out Africa, Ushakashe Agwa, and Abdullahi A. Sani.
Filed pursuant to Order 3, Rules 2 and 9 of the Federal High Court (Civil Procedure) Rules 2019 by their counsel, Dr. Sam Amadi of Logosphere Attorneys, the suit seeks to declare the passage of the State Police Bill unconstitutional, null, and void.
The core grievance: Procedure over merits
The plaintiffs emphasise that their challenge targets the legislative process, not the merits of establishing state police.
Anchored on Sections 9(1), 9(2), and 56(1) of the 1999 Constitution, the suit contends that altering any constitutional provision requires: Approval by at least two-thirds of members present and voting, actual physical or electronic voting by individual members, rather than a voice vote, a mandatory clause-by-clause reading, and consideration of the amendment bill.
Specifically, the plaintiffs are challenging the passage of the Constitution (Sixth Alteration) Bill, 2026, on 23rd July, 2026, which aims to amend numerous sections of the constitution (including Sections 84, 89, 121, 124, 129, 153, 157, 158, 160, 197, 201, 202, 204, 214, 215, and 216).
They are also asking the court to void Order 11, Rule 2 of the House Standing Rules, which permits voice votes, arguing it conflicts with supreme law.
In a 14-paragraph supporting affidavit deposed by Ushakashe Agwa, the plaintiffs noted they grew concerned after reviewing media reports and video footage of the plenary.
They allege that Speaker Abbas Tajudeen merely read the long title of the bill and subjected it to an uncounted voice vote without individual tracking.
Flashback: Minority caucus opposition
The lawsuit echoes earlier tensions from the National Assembly. On 23rd July, 2026, the Minority Caucus in the House staged a walkout during plenary. Minority Leader Fredrick Agbedi accused the leadership of flouting Section 9(2) by bypassing clause-by-clause scrutiny and failing to conduct a proper two-thirds headcount.
Conversely, the House leadership maintained that the bill scaled through with the backing of 311 lawmakers (276 voting physically and 35 virtually).
House Reacts
When contacted, the Deputy Spokesperson of the House of Representatives, Philip Agbese, stated that the lower chamber had yet to be officially served.
”The House is not aware of any such suit and has not been served with any court processes…. The principle of separation of powers is fundamental to our democracy. The courts cannot properly be used to stop the National Assembly from performing its constitutional functions. The allegation that the House failed to follow its own rules is completely without foundation,” Agbese said.
As of Friday, court registers indicate that the suit has yet to be formally assigned to a judge.
