THE POTENCY OF EXTANT LAWS REGULATING SECURITY IN NIGERIA
Author: O. M. Atoyebi S.A.N FCIArb. (U.K.)., Contributor: IFEDIORA OBIORA
Nigeria, a nation rich in cultural diversity and economic potential, grapples with a multifaceted array of security challenges that span from insurgency and terrorism to cybercrime and communal conflicts. The efficacy of the legal framework governing security within the country is paramount in addressing these pressing issues.[1] [1] As the nation strives to maintain stability and foster development, a critical examination of the potency of extant laws regulating security becomes imperative. Among the multitude of challenges, insecurity stands out as the greatest threat to the integrity of the country. There is Boko Haram insurgency in the North-East, rampant militancy and kidnapping for ransom in the oil-producing areas of the south-south, especially the Niger Delta regions. Herdsmen/farmers clashes which originally began in the Middle Belt areas, are now a phenomenon in the whole territorial space. Additionally, there is a rising incidence of armed robbery.[2] [2] In short, the whole country is enveloped in an atmosphere of insecurity.[3] [3] This article addresses the potency of Extant Laws Regulating Security in Nigeria. CURRENT LEGAL FRAMEWORK FOR SECURITY IN NIGERIA
The Nigerian 1999 Constitution (as amended)
The Nigerian 1999 Constitution, as amended, outlines various provisions related to security and defence in the country. According to the provisions of Section 217 of the Nigerian Constitution, the President is empowered as the Commander-in-Chief of the Armed Forces of the Federation. It gives the President authority over the Army, Navy, and Air Force and the power to appoint service chiefs. Section 218 reinforces the President’s role as the Commander-in-Chief and specifies that the President can delegate authority over the operational use of the Armed Forces to other military officers. Section 219 establishes the National Defence Council, charged with advising the President on matters relating to defence and security.
Section 220 addresses the establishment of the Nigeria Police Force, defining its functions and powers. It emphasizes the role of the Police Force in maintaining law and order. In situations of emergency, section 305 empowers the President to declare a state of emergency, granting special powers to address the emergency. This includes the power to issue executive orders with the force of law. Section 216 provides the President with the authority to appoint service chiefs for the armed forces, specifying that the appointments are subject to confirmation by the National Assembly. These constitutional provisions lay the foundation for the organization, command, and use of the armed forces in Nigeria, as well as the establishment of structures such as the National Defence Council.
Police Act 2020
Section 1 establishes the Nigeria Police Force as the primary law enforcement agency in the country and outlines the organizational structure. Section 4 outlines the functions and duties of the Nigeria Police Force, including maintaining law and order, preventing and detecting crime, enforcing laws, protecting lives and property, and preserving public peace. The National Police Council is established under section 6, with responsibility for the organization and administration of the Nigeria Police Force. The council includes the President, the Governors of the states, the Chairman of the Police Service Commission, and the Inspector-General of Police. Under Section 7, the National Police Council is responsible for advising the President on matters relating to the organization and administration of the Nigeria Police Force.
Section 33 grants extensive powers to the Inspector-General of Police, including the power to issue lawful orders for the maintenance and securing of public safety and public order. Section 46 of the Act empowers the Inspector-General of Police to establish special units within the Force for specific purposes, such as combating terrorism, cybercrime, and other organized crimes.
Armed Forces Act 2004
The Nigerian Armed Forces Act provides the legal framework for the organization, discipline, and administration of the Armed Forces of the Federal Republic of Nigeria. The Act empowers the President as the Commander-in-Chief of the Armed Forces and establishes the structure and operations of the Army, Navy, and Air Force. Section 1 establishes the Armed Forces of the Federation and stipulates that they shall continue to exist under the authority of the President. Section 2 outlines the components of the Armed Forces, which include the Army, the Navy, and the Air Force. Section 7 grants the President the authority to appoint the Chief of Defence Staff, the Chief of Army Staff, the Chief of Naval Staff, and the Chief of Air Staff. Section 8 reiterates the President’s role as the Commander-in-Chief of the Armed Forces and empowers the President to issue directives for the operational use of the Armed Forces.
Section 9 provides for the determination of the conditions of service for members of the Armed Forces, including their pay, pensions, and allowances. Section 16 of the Act empowers the President to make regulations and orders, often in consultation with the National Defence Council, for the discipline, administration, and good government of the Armed Forces. These sections highlight the legal foundations of the Nigerian Armed Forces, emphasizing the authority of the President as the Commander-in-Chief, the structure of the Armed Forces, and the framework for command, discipline, and conditions of service.
Nigerian Security and Civil Defence Corps (NSCDC) Act 2003
The NSCDC is tasked with ensuring the protection of lives and property, especially in areas not covered by the Nigeria Police Force. Section 1 establishes the Nigeria Security and Civil Defence Corps as a paramilitary agency of the government with a mandate to provide measures against threats and any form of attack or disaster against the nation and its citizens. Section 3 outlines the functions of the NSCDC, emphasizing the protection of lives and property, as well as other responsibilities related to national security. Section 7 grants NSCDC officers the power to arrest and detain individuals reasonably suspected of committing offences against critical infrastructure and public utilities. Section 8 details the powers of NSCDC officers, including the power to carry firearms, enter premises for inspection, and take measures for the prevention and control of disasters. Section 9 encourages collaboration between the NSCDC and other security agencies for the effective performance of their functions. Section 12 grants immunity to NSCDC officers from legal proceedings for acts done in good faith in the course of their duty.
CHALLENGES IN ENFORCEMENT AND THE POTENCY OF THE EXTANT LAWS IN REGULATING SECURITY IN NIGERIA
The enforcement of security laws in Nigeria faces various challenges, impacting the effectiveness of these laws in maintaining public safety and order. Security agencies often face limitations in terms of manpower, equipment, and funding. Insufficient resources can hamper the ability of security forces to respond promptly and effectively to security threats.[4] [1] Corruption within security agencies undermines the enforcement of laws and erodes public trust. It leads to compromised investigations, lack of accountability, and the protection of criminal interests within the security apparatus.[5] [2]
Inadequate coordination among different security agencies has resulted in a disjointed approach to law enforcement. Also, lack of synergy has led to gaps in intelligence-sharing and hinders a comprehensive response to security challenges. Political interference in law enforcement processes also undermines the independence and impartiality of security agencies.[6] [3] The manipulation of security agencies for political purposes can compromise the rule of law and hinder the fair enforcement of security laws. Insufficient training and capacity-building programs for security personnel can limit their effectiveness in dealing with modern security challenges.[7] [4] Unprepared security personnel struggle to adapt to evolving threats, such as cybercrime and terrorism.[8] [5] Violations of human rights by security forces during enforcement actions have led to public mistrust and legal challenges. Also, allegations of abuse tarnish the reputation of security agencies and lead to legal consequences, impacting the overall effectiveness of law enforcement efforts. Ongoing insurgency and terrorism in certain regions pose unique challenges to law enforcement. The need for counterinsurgency measures can strain resources, divert attention, and require specialized training, impacting overall law enforcement efforts.[9] [6]
Proposed Reforms and Enhancements
Reforming and enhancing security laws in Nigeria is a multifaceted process that requires collaboration among government agencies, legal experts, civil society, and the public. The following are ways of reforming and enhancing the legal Security Laws in Nigeria.
- Comprehensive Legislative Review: Conducting a thorough review of existing security laws, identifying areas that require clarification, amendment, or new legislation. A comprehensive legislative review ensures that the legal framework is up-to-date and aligned with contemporary security challenges.[10] [1]
- Stakeholder Consultation: Engage stakeholders, including legal experts, law enforcement agencies, human rights organizations, and the public, in the reform process through consultations, workshops, and public forums. Including diverse perspectives ensures that the reformed laws are comprehensive, fair, and enjoy broad public support.[11] [2]
- Community Policing Legislation: Enact legislation that supports and institutionalizes community policing initiatives, fostering collaboration between law enforcement agencies and local communities. Community policing enhances intelligence gathering, builds trust, and facilitates a more proactive approach to crime prevention.[12] [3]
- Human Rights Protections: Integrate stronger human rights safeguards into security laws to prevent abuses and ensure accountability for violations. Upholding human rights is essential for building public trust and maintaining the legitimacy of law enforcement efforts.
CONCLUSION
The effectiveness of extant laws regulating security in Nigeria is a critical aspect of the nation’s ability to safeguard its citizens, protect property, and maintain social order. While existing legal frameworks provide a foundation for addressing security challenges, there is an imperative need for continuous review, adaptation, and enhancement. The multifaceted nature of contemporary security threats, including terrorism, cybercrime, and insurgency, necessitates a dynamic and comprehensive legal landscape. To fortify the potency of security laws, it is essential to address challenges such as inadequate resources, coordination gaps, and the evolving nature of criminal activities. Legislative reforms, supported by stakeholder engagement and public participation, can contribute to the creation of a robust legal framework capable of effectively countering both traditional and emerging threats. Reforms should consider the integration of specialized legislation, community policing initiatives, and human rights protections. The role of technology in law enforcement and the importance of international collaboration cannot be overstated. Furthermore, empowering security agencies with sufficient resources, training, and capacity building is crucial for enhancing their ability to respond to modern security challenges. In navigating the path forward, a holistic and collaborative approach is key, involving government agencies, legal experts, civil society, and the public.
[1] Emmanuel M, ‘National Security Policy in Nigeria’, www.iacspsea.com. [7]
[2] Mamman E, ‘Case Study of Boko Haram Insurgency in Nigeria’ https://scholarworks.waldenu.edu/cgi/viewcontent.cgi?article=10671&context=dissertations [8]
[3] Ibid
[4] Benson Omoleye, ‘Law, Security and Development in Nigeria – A Legal Perspective’ International Journal of Economics, Commerce and Management [2019] (34) 2 pp143-156
[5] Ibid
[6] Tosin Omoniyi, ‘Analysis of Intelligence failure compounding insecurity in Nigeria’ https://www.premiumtimesng.com/news/headlines/456057-analysis-intelligence-failure-compounding-insecurity-in-nigeria.html [9]
[7] Ibid
[8] Emmanuel Uzuegbu, ‘The Challenges of Safe School in Nigeria: The Role of Security Agencies’ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3431777 [10] accessed 22nd November, 2023
[9] Ibid
[10] Chris Aluta , ‘Security Challenges in Nigeria and the Implications’ https://nsacc.org.ng/security-challenges-in-nigeria-and-the-implications-for-business-activities-and-sustainable-development/ [11]
[11] Ibid
[12] Austin Iwar, ‘Implementing Community Policing in Nigeria’ https://www.academia.edu/19609068/IMPLEMENTING_COMMUNITY_POLICING_IN_NIGERIA [12]