Legality of deploying soldiers for civil duties

The deployment of soldiers in domestic security operations has generated mixed reactions from lawyers and members of the public.  Analysts agree that the military is the country’s second line of defence against aggression. Apart from the usual checkpoints and joint security domestic operations, it is not unusual to see military personnel engaged in crowd and […]

The deployment of soldiers in domestic security operations has generated mixed reactions from lawyers and members of the public. 

Analysts agree that the military is the country’s second line of defence against aggression.

Apart from the usual checkpoints and joint security domestic operations, it is not unusual to see military personnel engaged in crowd and traffic control and arrest of petty criminals in some states of the federation.

Some analysts are of the view that exposing the army to civil society when the security situation is not beyond the conventional law enforcement agencies will make them prone to the same ills that other law enforcement agencies are known for, such as human rights violations.

A human rights activist and constitutional lawyer, Edward Omaga, cited the Boko Haram insurgency, which the country has been facing for over six years, as a major reason for soldiers’ engagement with the civil populace.

 “If there are no civil unrests, the police are the competent security body vested with the responsibility of keeping lives and property secured and the investigation of crime, and they are now being complimented in this task by the Nigeria Security and Civil Defence Corps (NSCDC)” he said.

Narrating his experience on an incident of harassment by soldiers, which correspond to claims of human rights violations leveled against the Nigerian Army by Amnesty International (AI), Omaga called for the withdrawal of soldiers from locations without serious security threat.

“Two days ago, I was coming from Wuse II, around Banex junction, Abuja, and soldiers and officials of the Department of State Security Services barricaded everywhere that someone was arrested over one thing or the other. People had to resort to trekking. This is not what we bargained for.

“So, if the government will take our advice as lawyers, we are saying they should not allow the army to take over the roads where there is no civil unrest,” he said.

He added that even where there was civil unrest, the police should be able to contain such matters except where it went out of hand like the experience in Borno and Yobe states.

Corroborating this claim, Barrister E.M.D. Umukoro, insisted that the military, the army in particular, should be confined to the barracks, “except where the country is facing insurrection, they can then be called in to support the police.

“We have the police, road traffic and special marshals to manage traffic issues. It is not right for the army to be called into these duties when the country is not under threat,” he said.

However, some lawyers, among who is Abuja-based Nureni Suleiman, are in support of the deployment of soldiers in civil operations on the basis that the soldiers must be liberal in such operations.

“The society has changed from what it used to be. Unlike the previous years, these days, crimes have become the order of the day and these crimes have taken different dimensions: from terrorism to herdsmen attacks to kidnapping and others.

“In view of this reality, I am strongly in support of military deployment for civil operations in the sense that it will go a long way to curb crime. The most important thing is for the army to operate on a liberal level.  They should be civil in relating with civilians,” he said.

On whether the army is equipped enough for this civic responsibility, Suleiman said, “They are receiving training and re-training; and they are part and parcel of the community. Although constitutionally they are not saddled with such responsibility, but you can see that most of those perpetrating criminal activities in the cities move in from the suburbs; thus keeping the soldiers on the roads will go a long way to curb their activities. In addition, the army at road block also prevents arms smuggling.”

Speaking in the same vein, Barrister Hamid Ajibola Jimoh, said it was legal to deploy soldiers on domestic security operations at the prerogative of the president and the National Assembly.

Citing relevant sections of the Nigerian Constitution, he said both the Armed Forces (and in this case, the Nigerian Army) and the Police Force had the duties of the preservation and maintenance, as well as the security of law, public order and public safety.

 The President has the operational control of both the Armed Forces and the Police Force. The governor of a state also has control over the Police Force in his state only, he said.

The deployment of the Army to some parts of the country subject to a lawful order by the appropriate authority is lawful, he said.

The deployment can be challenged legally where it is made without any lawful purpose(s) and or where it is unlawful to carry out such deployment. Any violation of human rights or civilian rights can be challenged and redressed in court pursuant to Section 46 of the constitution and other human rights laws, both local and international.

“Section 217(2) of the constitution (supra) provides thus ‘(2) The Federation shall, subject to an Act of the National Assembly made in that behalf, equip and maintain the armed forces as may be considered adequate and effective for the purpose of-(a) defending Nigeria from external aggression; (b) maintaining its territorial integrity and securing its borders from violation on land, sea or air ; (c) suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly; and (d) performing such other functions as may be prescribed by an Act of the National Assembly. (Underlining is mine for emphasis),” Jimoh said.

“Section 8(1) and (3) of the Armed Forces Act further provides for the operational use of the Armed Forces thus ‘(1) The President shall determine the operational use of the Armed Forces… (3) In this section, ‘operational use of the Armed Forces’ includes the operational use of the Armed Forces in Nigeria for the purpose of maintaining and securing public safety and public order’,” he added.