The Insecurity Within: Some Nigerian Security Agencies Are Failing on their Mandate
Nigeria remains in a state of insecurity, with issues prevalent across all its geopolitical zones. This situation has required a more active security presence to preserve law and order. Yet even these security agencies appear to have brought a new form of insecurity – overhanded officials taking their role to an extreme. These instances include abuse of authority, extreme prejudice and, where applicable, the absence of proper justice for victims at the hands of security and law enforcement agencies.
Repeated incidents have led to public distrust of security forces and law enforcement agencies and have fostered a belief that these agencies, rather than ensuring safety, are perpetuating insecurity. Sometimes this miscommunication has often led to questions of the operational limits of security agencies, especially when certain human rights appear to be ignored in these roles. A larger question is – do security agencies understand the limits of their authority, or does the end justify the means regardless of who is affected?
A MILITARISED STATE
Security agencies in Nigeria have undergone significant evolution, shaped by colonial rule, military regimes, and, since 1999, continuous democratic governance. Initially, during the colonial and military eras, security forces were primarily focused on regime protection and maintaining order, often leading to a legacy of indiscriminate attacks and a lack of public trust. Since the return to civilian rule, there has been a gradual shift towards a more comprehensive national security approach, addressing both internal and external threats. This evolution has necessitated the expansion of the security framework beyond traditional military and police forces to include specialised units and agencies such as the Economic and Financial Crimes Commission (EFCC), the National Drug Law Enforcement Agency (NDLEA), and the Department of State Services (DSS). These agencies focus on specific areas like financial crimes, drug enforcement, and intelligence gathering. However, the challenge for the democratic government has been to shift the public perception of security forces from their legacy of regime protection to a role of genuine public service. Efforts to achieve this shift have been inconsistent and largely insufficient.
Another dimension is the proliferation of intelligence and security agencies in the country. Despite Nigeria’s well-documented large population, and the challenges in actually determining an exact number, there are security personnel in almost every sector – and in some cases with overlapping mandates. An easy example includes the number of checkpoints a citizen might encounter while driving. Some security agencies that established checkpoints include the police force, directorate of motor vehicle administration (formerly known as VIO) and road safety corps. But even these agencies are not consistent and are not often relied upon where insecurity is more rampant. It is why there is a growing number of armed militias or community vigilante groups that are often unchecked and are only accountable to those who live or employ them but can still carry out arbitrary actions to ensure safety.
Despite this proliferation of security agencies, there is still a clear concern on how these structures act within the ambit of their jurisdictions – even when poorly defined and thus poorly acted out. The fact that most citizens are also unaware of the limits of these structures adds to the problem as this lacuna creates confusion about the appropriate channels for reporting crimes or seeking assistance. This lack of awareness can lead to misdirected complaints or expectations, which in turn overwhelm agencies with tasks outside their remit, further straining their limited resources.
MISSION CREEP
In Nigeria’s extensive security framework, the overlapping responsibilities among various agencies often leads to an intermingling of roles. For example, while the National Drug Law Enforcement Agency (NDLEA) is tasked with addressing drug-related crimes, there have been instances where the agency has engaged in the investigation of financial crimes. In such cases, the NDLEA has pursued financial crime investigations before attempting to align the evidence with its primary mandate of addressing drug offences. This overlap not only complicates the legal and procedural due processes but also blurs the lines of accountability, making it difficult to hold agencies responsible for their actions.
Similarly, the EFCC has gained notoriety for its night-time raids, leading to its characterisation as a "thief in the night" agency. In such incidents in Ondo and Lagos states, EFCC operatives raided a nightclub based on intelligence about suspected fraudsters. However, videos and pictures from the scene showed operatives allegedly assaulting individuals during the raid. In another incident in Lagos, surveillance footage captured an EFCC operative physically assaulting a female staff member at a hotel. In response to the raid in Ondo, the EFCC released a statement asserting that the officers involved in the arrests did not bring tear gas canisters or whips to inflict bodily harm on suspects. The statement also indicated that forensic analysis would be conducted on the videos and pictures released to establish their falsehood and prepare a case against those spreading what the EFCC termed as a "distasteful stunt." However, the commission is yet to produce the promised forensic analysis. Regarding the assault on the female staff member in Lagos, the commission stated that a disciplinary team would be convened to investigate the case and recommend appropriate disciplinary measures to be taken against them.
EFCC’s Chair, Ola Olukoyede, ordered a halt to these sting operations in 2023, but these operations continue. According to the EFCC's official guidelines, arrests should be made by inviting suspects for questioning, with a warrant only issued if a suspect fails to appear and there is incontrovertible evidence. Yet, while this is often applied to government officials, ordinary citizens are frequently arrested before being questioned and treated differently.
Another agency which is failing its mandate is the Department of State Security (DSS), which was established to focus on internal security, counterterrorism, and protecting senior government officials. In 2022 it arrested a student for making a comment about the former First Lady of Nigeria, Aisha Buhari, on social media. Another curious incident occurred at the Ogun State High Court in Ilaro, where DSS operatives invaded the court and arrested two defendants despite the judge’s warning. Similarly, former Central Bank Governor, Dr. Godwin Emefiele, was illegally detained by the DSS. Officials of the service have not been sanctioned and the agency’s director-general has remained in post under successive presidents.
These cases raise critical questions about the authority of security agencies to detain citizens. Section 148 of the Administration of Criminal Justice Act (ACJA) 2015 stipulates that law enforcement agencies can arrest suspects at any time with a search warrant. However, the constitutionality of prolonged detentions remains under debate. This issue extends to the Nigeria Police Force, which frequently arrests and detains citizens for prolonged periods, often treating them inhumanely and violating their human rights. Moreover, detaining suspects for more than 48 hours without charging them in court contravenes these constitutional provisions. Nevertheless, there have been numerous violations, such as the case of investigative journalist Daniel Ojukwu, who reported on corruption and was detained by the police without charge for over a week.
WHO WATCHES THE WATCHMEN?
Sadly, beyond complicit political appointees and a conditioned citizenry, the biggest challenge is the prevalence of weak institutions that appear to lack the capacity to enforce accountability and transparency. Corruption, inadequate training, and poor oversight mean that abuses are not only possible but often go unchecked. For instance, corruption within the police force is a well-documented issue. Officers often demand bribes at checkpoints, engage in extortion, and misuse their power for personal gain. This corruption undermines the rule of law and allows officers to act with impunity, knowing that their superiors are likely to overlook or even partake in such behaviour. Inadequate training further exacerbates these issues, with a study highlighting that police personnel are not adequately trained and, even those who receive training, are often not deployed in accordance with their skills and competencies.
This has driven many Nigerians to resort to jungle justice, taking the law into their own hands and acting as judge, jury, and executioner. This extrajudicial approach to justice frequently leads to severe human rights abuses, including torture and extrajudicial killings. This form of vigilantism is particularly detrimental in a diverse society like Nigeria, where attacks can be motivated by religious or political affiliations, exacerbating social tensions.
This misuse contributes to the perception, and lived reality, that these agencies operate above the law, exacerbating the mistrust between the public and security forces. This deep-seated mistrust between citizens and law enforcement agencies has led to numerous protests, most notably the #EndSARS movement from 8 October, 2020, to 20 October, 2020, in response to widespread police brutality and human rights violations. The protest itself was also curtailed after a massacre at the Lekki Toll Gate in Lagos on 20 October 2020, an incident the government and military still refuse to acknowledge. However, three years after the violent suppression of the #EndSARS protests, at least fifteen protesters arrested in 2020 remain arbitrarily detained—most without trial—in Kirikiri Medium Correctional Centre and Ikoyi Medium Security Correctional Centre in Lagos. Despite numerous calls for accountability regarding abuses committed against protesters, no members of the security forces or police have been arrested or tried for their roles in the crackdown. Additionally, the Lagos State Judicial Panel of Inquiry and Restitution for Victims of SARS-Related Abuses has yet to deliver justice to the victims. This highlights the paradox where law enforcement agencies tasked with upholding the law are often the ones violating it, primarily due to a deficient justice system.
This raises the critical question of how law enforcement agencies can carry out their duties without infringing on the rights of the public. Enhancing the training and professionalism of security personnel is essential. This encompasses not only technical skills but also education in human rights and community relations. Additionally, implementing rigorous mental health evaluations for all law enforcement personnel, both prior to and during their service, is crucial.
Building robust institutions capable of enforcing accountability and transparency is also vital. This includes establishing independent oversight bodies to ensure that complaints of abuse are thoroughly investigated and addressed and that perpetrators are brought to justice. There is a pressing need for an independent body tasked with ensuring that the actions of the “few bad apples” in agencies are thoroughly vetted and that justice is truly served. Currently, when personnel within these agencies violate the rule of law, there are often claims of internal discipline, but true justice is rarely achieved. Instead, these incidents are frequently brushed aside, leaving the affected citizens without proper recourse, and undermining public trust in the system.
Additionally, legal reforms are necessary to address laws such as Section 148 of the Administration of Criminal Justice Act (ACJA) 2015, which allows law enforcement to search residences and arrest individuals at any time. This provision has often been misused to justify arrests without proper warrants, highlighting the need for clear legal guidelines and safeguards against abuse. While some progress has been made in holding those who abuse their authority accountable, significant challenges persist. Nigeria remains ranked 21st among countries with the most severe human rights and rule of law violations globally, highlighting the urgent need for further reforms and continued efforts to address these systemic issues.
It is important to note that oppressed people cannot remain oppressed forever. If effective systems are not established to regulate these agencies and prevent them from exceeding their mandates and violating human rights, the result could be a widespread breakdown of the rule of law. Addressing this issue requires a comprehensive approach that includes institutional reforms, community engagement, and broader socio-economic policies. By tackling these root causes, Nigeria can work towards restoring trust and ensuring that its security agencies fulfil their true purpose of serving and protecting the public. Only through such a holistic strategy can the country hope to foster a just and equitable society where the rights and dignity of all citizens are upheld.
Valeria Ogide is a Fact-checker and Communications Officer at the Centre for Democracy and Development (CDD-West Africa)