LEGAL IMPEDIMENTS TO NIGERIA’S NATIONAL SECURITY

Abstract

Nigeria as a state is a creation of the law; the Constitution of the Federal Republic of Nigeria 1999 (as amended). By the Constitution, Nigeria is a Federal State with the government at the centre and other states and the Federal Capital Territory Abuja. As it is customary, authority within Nigeria is divided between these tiers of government. It does appear that with several years of military rule, the ideals of federalism have been eroded, beginning with General Irons Unification Decree No. 34 of 1966 and subsequent military governments, Nigeria is operating what is referred to by critics as ‘Unitary federation’. Under this arrangement, the national government in Abuja has taken over the function and duties of the federating states. All laws promulgated or enacted by the National or States Houses of Assemblies must not be in conflict with the Constitution. Where they are, they are to the extent of such inconsistency null and void. Be that as it may, the National Security architecture is most affected as all the security forces and institutions are listed on the exclusive legislative list in the second schedule of the Constitution. The National Security Council, a body created by the Constitution, is more or less an organ of the central government. It is no longer news that Nigeria is labouring under the yoke of insecurity, the lopsided nature of laws enabling security as the major impediment in the realisation of national security. This article examines the legal regimes put in place to enhance national security and it is concluded that unless the Nigerian state gives the full meaning of federalism, the issue of insecurity shall continue to be with us.