Law as a Tool for National Security: Assessing the Legal Framework and National & Regional Security Mechanisms in Nigeria.

Authored By: Randle Eldad Ayomikun

University Of Lagos(Unilag)

ABSTRACT

National security in Nigeria has definitely become much more complicated recently.The issues the country faces are broad addressing issues such as terrorism,insurgency and cyber crime.When it comes to tackling these issues,the law plays an important role in shaping the security agencies,defining their powers and ensuring accountability.This essay seeks to explore how legal frameworks at the National and regional areas promote security in Nigeria.It delves into things like the constitution of Nigeria,specific laws,how different institutions operate and co-operation with other countries.It also examines the challenges that hinders effectiveness of the law in achieving National security.Ultimately,the essay argues for stronger implementation of laws,co-operation between different security agencies and the protection of the human rights of the people as Nigeria seeks to balance National security with the Rule of law.

In any country where people govern themselves, the law is the foundation of society and the crucial element that maintains order. This role becomes even more vital when it comes to protecting the nation, because safeguarding the people, their institutions, and the land from harm requires both strength and the support of legal authority. Nigeria is currently facing issues such as terrorism, banditry, ethnic conflicts, oil theft, and cybercrime. To effectively combat these problems, the country depends significantly on its legal system. This system not only grants the government the authority to use force when needed, but it also sets clear boundaries, encourages responsibility among its citizens, and protects essential freedoms.

The 1999 Constitution of the Federal Republic of Nigeria, along with its later amendments, lays out the legal foundation for the country’s security initiatives. Section 14(2)(b) clearly states that “the security and welfare of the people shall be the main aim of the government,” highlighting that security measures must be legally grounded and beneficial to the public. This document establishes the framework for our key security bodies, like the Armed Forces, mentioned in Section 217, and the Nigeria Police Force, outlined in Section 214. However, while the Constitution recognizes these organizations, it falls short of providing explicit instructions on their collaboration, the chain of command overseeing them, or the precise extent of their powers and limitations. This lack of clear direction has resulted in instances where these agencies sometimes conflict, and their responsibilities intertwine. Such uncertainty ultimately weakens their capacity to protect us effectively.

In addition to the already existing laws,Nigeria has passed multiple laws to address the evolving security threats and risks.An important law is the 2022 Act for prevention and prohibition of terrorism.This is a major step towards curbing terrorism and extreme violence within the country especially in the north Eastern region.The law forbids any involvement in terrorist activities including financing,recruiting,planning and carrying out attacks.The office of the National security Adviser(ONSA) had been given the authority to reorganize intelligence collection and action.Even so,the prosecution of terrorism remains difficult mainly due to shortcomings in investigations and the slow court decisions.In 2015,The cybercrimes Act addressed online threats like hacking,fraud and cyber bullying.As we become more dependent on the internet,there is the need for laws which are essential for protecting both the government and private entities from online attacks.However,it’s not being enforced effectively.Law enforcement agencies often lack the technical skills to investigate thoroughly and the courts find it difficult to handle the complexities of cybercrime cases.Another crucial piece of legislation is the National security Agencies Act of 1986.This Act serves as a foundation for Intelligence bodies in Nigeria such as The state security service(SSS),The national intelligence Agency(NIA),and the defence intelligence Agency(DIA).These agencies play major roles in collecting intelligence and Fighting against terrorism.However their operations often lack transparency and weak legal framework for checking their activities,There is high risk of abuse.

The Armed forces act which governs the Nigerian Army,Navy and Airforce spells out how the military is organized and how it should operate.Though the primary role of the military to protect the country against external aggression,it has become largely involved in security matters in Nigeria due to the inability of the police to handle things effectively.This leads to concerns that too much involvement of the military in internal issues can lead to the limitation of the rights and freedoms of the people.The deployment of the military into civilian areas has to be done legally and must be in line with the constitution and international human rights rules.Nigeria’s system for keeping everyone safe includes several parts like the Armed forces,police,The department of state services responsible for handling intelligence and other security groups.These bodies have the authority to maintain order and protect the nation.The possession of Legal authority alone doesn’t necessarily mean that these bodies will do their job well.For example the Nigerian police force have the duty to stop crime and investigate it as vested in the constitution.However,they struggle with things like lack of adequate money,poor training,loss of trust in them by the people.Due to this challenges,the military are relied upon to step in and handle situations that should be managed by the police force.

The office of the National security adviser is key to co-ordinating national security efforts but it operates without a clear legal definition.Although it plays a strategic role,it’s effectiveness is limited by bureaucracy and the lack of legal mandate to ensure that all the different security agencies work together.In 2019,The Nigerian government introduced a revised National security strategy(NSS)This new strategy is built around five main areas namely good governance,economic development,national unity,security sector reform and strategic communication.This represents an important step towards seeing security in a more complete way,including stringent security measures and things that contribute to human security such as education and job opportunities.However practicalizing these policies continues ti be a major challenge as a result of weak institutions and political interference.

Nigeria works with other countries in its region to fight against threats such as terrorism by joining legal and security agreements.As a member of the Economic Community Of West African states(ECOWAS),Nigeria has signed the protocol on mutual defence assistance.This agreement means that Nigeria and other Ecowas countries will help each other whenever threats like terrorism or conflict arise.Nigeria also plays a major role in the Multinational Joint Task Force(MNJTF).This group brings soldiers together from Chad,Niger,Cameroon and Nigeria to fight against terrorist groups like Boko haram and Islamic state’s West Africa province (ISWAP) around the lake Chad area.These regional acts of working together are backed by legal documents but these partnerships only thrive when there is political support and adequate funding.Nigeria also follows international laws and agreements including those Set by the African union and the United Nations.These laws seek to fight against terrorism,cybercrime and drug trafficking.However making these laws match with Nigerian law is still a process because their enforcement is not always consistent.

Even though Nigeria has laws and official structures in place,its security situation still faces major challenges.One of these numerous challenges is the ongoing problem of human rights violation by the security agencies.Things like Arbitrary Arrests,killing innocent people,and unlawful detention have become increasingly common.While the law gives security agencies certain powers,there are also limitations to ensure that the freedom of the people are protected.The sad reality however is that these limits are ignored.Another major challenge is the weakness of the judicial arm of government.Many cases related to security collapse due to poor investigations,lack of evidence and unnecessarily long trials.When the judicial system is ineffective,the strongest and best laws cannot guarantee security.In addition,issues such as poor communication and teamwork between the different security agencies lead to unorganized activities.Legal reforms are needed to clearly define the role of each agency and promote co-operation between them.Corruption and excessive political interference also significantly weaken the effectiveness of the law as a tool for national security.Funds allocated for security operations are often mismanaged and diverted.sometimes,political leaders use security agencies for their own selfish gains resulting in loss of trust.

In conclusion,The law is absolutely essential in keeping Nigeria safe and secure.It provides legitimacy to government actions,defines roles and responsibilities and protects the rights of citizens.However,the effectiveness of the law depends on implementation.Nigeria must enact better laws,ensure co-operation among the different security agencies and prioritize the rights of the citizens.Only then can there be peace and stability under the rule of law.

Bibliography

Primary Sources

– Cases

John Andy Sons & Co Ltd v N.C.R.I. [1997] 3 NWLR (Pt 491) 1

– Legislation (Nigeria)

Constitution of the Federal Republic of Nigeria 1999 (as amended) ss 14(2)(b), 214, 217
Terrorism (Prevention and Prohibition) Act 2022
Cybercrimes (Prohibition, Prevention, etc.) Act 2015
National Security Agencies Act, Cap N74, Laws of the Federation of Nigeria 2004
Armed Forces Act, Cap A20, Laws of the Federation of Nigeria 2004

– International Treaties and Regional Instruments

Economic Community of West African States (ECOWAS), Protocol on Mutual Defence Assistance (1981)
Multinational Joint Task Force (MNJTF) Framework Agreement (2015)
African Union, Convention on Cyber Security and Personal Data Protection (2014)
United Nations, Global Counter-Terrorism Strategy (2006)

Secondary Sources

– Books

I.E. Sagay, Nigerian Law of Contract (Spectrum, Ibadan 1994) 45
F. Odita, Legal Aspects of Receivables Financing (Sweet & Maxwell, London 1991) 122

– Journal Articles

I.O. Bolodeoku, ‘The War against Corruption in Nigeria: A New Role for the Federal Inland Revenue Service?’ (2009) 12 Journal of Money Laundering Control 417

– Government and NGO Reports / Policy Documents