Human Rights Activist and Senior Advocate of Nigeria (SAN), Femi Falana, said on Tuesday that the Nigerian Army has abandoned its constitutional duty to take over the role of the Police Force.
He stated that national security was different from government security, stressing that for security and human rights to be achieved under the law, each section of the force must act within the confines of the constitution.
He spoke as the Executive Secretary of the National Human Rights Commission, Tony Ojukwu, tasked security agencies with the need to respect the rights of citizens during enforcement functions.
Both men spoke on Tuesday during a panel discussion on Citizens’ Rights at the ongoing 2025 annual general meeting of the Nigerian Bar Association (NBA).
Falana, who was worried about the level of encroachment of the Nigerian Army into internal security of the country, told representatives of the Chief of Army Staff, the Director of DSS and the Inspector General of Police that their actions had seriously breached the constitution of the country.
“The army has abandoned its constitutional duty. Under section 217 of the constitution, the Armed Forces shall be in charge of protecting the territorial integrity of Nigeria. Under section 215, Police shall be in charge of law and order. Section 200 says, if there is infraction, mutiny, the armed forces may aid the duties of the police. But the Army is no longer aiding, they have hijacked the powers of Police,” he said.
He said the involvement of the Army in election duties was a breach of the constitution of the country, stressing that the court had long reaffirmed this and urged the Army authority to respect the law.
He lamented the level of detention in the Police, EFCC and DSS cells and urged members of the NBA to rise up to duty by ensuring that those unjustly held are charged accordingly.
Falana also tasked the NBA on the rights of over 18.3 million children who are out of school, urging them to leverage the various empowerment programmes of the government to get them back to school.
Also speaking, Ojukwu stressed that both security and human rights are mutually compatible, adding that they are not incompatible.
Ojukwu noted that the fact that the law enforcement agencies report to the president is clear evidence that the enforcement functions must definitely include respect of the citizens’ rights during operations.
He pointed out that human security has gone beyond personal security, adding that the 1999 constitution states that sovereignty belongs to the people.
Ojukwu stressed the need for families of suspects to be informed before arrests and cautioned against practices that were being carried out during the colonial period.
He queried the way security is practised in the country, that while those in power are adequately protected, the common masses are without protection.
“What are we talking about as security? Is it the protection of the people in power or the citizens? If a politician is travelling, he goes with two Hiluxes of security men, but if you go to the streets, there is no security for the people,” he said.
He added that security had gone beyond personal security, noting that we were now talking about human security.
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