We Cannot Address Today's Complex Security Threats Alone, Says Army Chief

The Chief of Army Staff (COAS), Lieutenant General Waidi Shaibu, recently underscored the critical need for enhanced collaboration among Nigeria's security agencies, government institutions, local communities, and other stakeholders to effectively address the nation's complex security threats. This statement highlights a long-standing challenge within Nigeria's security architecture, where inter-agency rivalry and insufficient coordination often impede effective responses to multifaceted threats like insurgency, banditry, and kidnapping. This article examines the legal and institutional frameworks governing national security in Nigeria, analyzing how existing statutes and policies mandate or encourage collaboration, while also identifying the persistent legal and operational hurdles that necessitate a more integrated approach to national security.

Nigeria continues to grapple with an evolving landscape of complex security threats, ranging from insurgency and terrorism to banditry, kidnapping, and communal conflicts. In light of these persistent challenges, the recent assertion by the Chief of Army Staff (COAS), Lieutenant General Waidi Shaibu, that the Nigerian Army cannot tackle these issues in isolation, resonates deeply within the nation's security discourse. His emphasis on stronger collaboration among security agencies, government institutions, local communities, and other critical stakeholders is not merely a call for operational synergy but a recognition of a fundamental legal and strategic imperative.

This statement underscores a crucial shift towards a more integrated and holistic approach to national security, moving away from siloed operations that have historically proven inadequate. The article will explore the legal underpinnings that both enable and complicate such collaboration, examining the constitutional provisions and statutory frameworks that define the roles of various security actors. It will argue that while the legal framework provides a basis for cooperation, institutional rigidities, jurisdictional ambiguities, and a lack of enforcement mechanisms have often hindered effective inter-agency synergy, necessitating a renewed focus on legal and policy reforms to foster a truly collaborative security environment.

The legal framework for national security in Nigeria is primarily enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended) and various enabling statutes. Section 14(2)(b) of the Constitution unequivocally states that the security and welfare of the people shall be the primary purpose of government. This foundational principle guides the establishment and functions of all security agencies. The Constitution, in Section 217, establishes the Armed Forces of the Federation, comprising an Army, Navy, and Air Force, with primary duties including defending Nigeria from external aggression, maintaining its territorial integrity, and, crucially, suppressing insurrection and acting in aid of civil authorities to restore order when called upon by the President, subject to conditions prescribed by an Act of the National Assembly.

Complementing the military's role, the Nigeria Police Force is established under Section 214(1) of the Constitution, with the primary responsibility for internal security, law enforcement, and maintaining public order. Further, the National Security Agencies Act, Cap N74 LFN 2004, established the Defence Intelligence Agency (DIA), National Intelligence Agency (NIA), and State Security Service (SSS), delineating their respective intelligence-gathering and security responsibilities. The National Security Strategy (NSS) 2019 further articulates a comprehensive vision for national security, emphasizing the need for multi-sectoral, domestic, and international cooperation to address diverse threats. Despite these provisions, historical challenges such as inter-agency rivalry, perceived superiority complexes, and a lack of effective coordination have often undermined the collective efficacy of these institutions.

While the legal framework in Nigeria provides a basis for inter-agency collaboration, its implementation has been fraught with challenges. The Police Act, 2020, a significant reform, explicitly mandates "partnership with other security agencies" as one of its core objectives, alongside accountability, transparency, and human rights protection. Section 5 of the Police Act, 2020, further requires the Police Force to collaborate and maintain close working relationships with any government agency or relevant private initiatives in promoting and protecting fundamental rights. Similarly, the National Security Strategy 2019 advocates for citizen involvement and collaboration between public and private sectors, recognizing that complex threats demand an integrated approach.

However, the operational reality often diverges from these legal and policy aspirations. A key challenge lies in the absence of a formalized, legally binding framework that compels collaboration and intelligence sharing among all security agencies. Studies indicate that Nigeria is yet to formalize collaboration, and there is often a lack of legal obligation on individual agencies to share information. This contributes to institutional rivalries, jurisdictional disputes, and duplication of efforts, as agencies may operate with differing mandates and priorities. For instance, while the Armed Forces Act, Cap A20 LFN 2004, outlines the functions and operational use of the military, the extent and conditions of military aid to civil authorities, as prescribed by Section 217(2)(c) of the Constitution, have often been broadly interpreted, leading to the military's extensive involvement in internal security operations without adequate legislative regulation on its use as a measure of last resort.

This over-reliance on military intervention in civil matters, often without seamless integration with police and other civil authorities, can lead to human rights concerns, as military personnel are not primarily trained for civil policing. While the Armed Forces Act provides for the trial of military personnel for civil offences, ensuring accountability in joint operations remains a critical legal and practical hurdle. Furthermore, challenges such as inadequate coordination mechanisms, poor communication channels, lack of trust, and political interference continue to undermine the effectiveness of collaborative efforts. The ongoing legislative efforts, such as the proposed amendment to the Armed Forces Act, 2004, to strengthen command structure, improve operational efficiency, and enhance accountability, indicate a recognition of these gaps. Effective collaboration requires not just legal mandates but also a cultural shift towards mutual trust, streamlined operational protocols, and robust mechanisms for intelligence sharing and joint planning, as highlighted by the Minister of Defence's call for unified surveillance architecture.

Lieutenant General Shaibu's call for enhanced collaboration serves as a timely reminder of the evolving nature of security threats in Nigeria and the indispensable role of a unified response. The existing legal and policy frameworks, including the 1999 Constitution, the Armed Forces Act, the Police Act 2020, and the National Security Strategy, lay a foundational expectation for inter-agency cooperation. However, the persistent challenges of institutional rivalry, jurisdictional ambiguities, and the absence of robust, legally enforceable coordination mechanisms continue to impede optimal performance.

For legal practitioners, this highlights a critical area for engagement in advocating for and drafting clearer legislative instruments that formalize inter-agency collaboration, define precise rules of engagement for joint operations, and establish transparent accountability mechanisms. There is a pressing need for legal reforms that not only mandate cooperation but also provide incentives and sanctions to ensure compliance, foster a culture of intelligence sharing, and delineate the roles of various security actors more precisely, particularly concerning military aid to civil authorities. Moving forward, the effectiveness of Nigeria's national security response will hinge on its ability to translate the rhetoric of collaboration into a legally entrenched and operationally seamless reality, ensuring that all stakeholders work in concert to protect the lives and welfare of its citizens.