MONDAY X-RAY: National security and Sowore

OMOYELE Sowore, owner of USA-based Sahara Reporters is reported to be in conflict or having infraction with national security. He is alleged to be leading a group called #RevolutionNow, an act which by government’s interpretation amounts to treasonable felony. Since the end of the World War I, national security had been used and still is being used by many national governments to decimate citizens and abuse human rights including denial of freedom.

National Security is a nebulous (vague, omnibus, amorphous) concept. As long as the power that-be says “it is to defend the territorial integrity”, “pursuant to the fundamental objectives and directive principles of the state” or “to protect lives and property”, one will not be a position to go beyond what the government of the day says it is, albeit, government’s position is subject to the pronouncement of the court. However, because of the amphibious nature of security, it often attracts criticisms as governments the world over perpetrate atrocities including denial of human rights under the guise of national security.

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The measures adopted to maintain national security in the face of ‘threats to society or government’ has led to unending discussions, particularly in liberal democracies, on the scale and role of authority in matters of civil and human rights.

Tension sometimes exists between the preservation of the state (by maintaining self-determination and sovereignty) and the rights and freedom of individuals. Although national security measures are imposed to protect society as a whole, such measures necessarily or unnecessarily, tend to restrict the rights and freedoms of individuals.

The concern is that where in the exercise of national security, laws and powers are not subject to good governance, the rule of law and strict checks and balances, there is a risk that ‘national security’ may simply serve as a pretext for suppressing unfavourable political and social views. Taken to its logical conclusion, this view contends that measures which may ostensibly serve a national security purpose (such as mass surveillance, prevention of demonstration or protest, harassment and censorship of mass media), could ultimately lead to a police state.

In Section 26 of the 1999 Constitution (as amended) there is a provision for the establishment of a National Security Council. The Council has power to advise the President on matters relating to public security including matters relating to any organization or agency established by law for ensuring the security of the Federation.

Other provisions in the Constitution dealing with security and media issues include Section 13 that deals with the duty and responsibility of all organs of government, and of all authorities and persons, exercising, legislative, executive or judicial powers to conform to, observe and apply the provisions of the Constitution. Section 14 states that the Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice including the security and welfare of the people as the primary purpose of government; while Section 20 says the State shall protect and improve the environment and safeguard the water, air and land, forest and wild life of Nigeria.

However, Section 22 empowers the press, radio, television and other agencies of the mass media to at all times be free to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the Government to the people; while Section 39 discloses that every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

Regrettably, Section 45 negates media responsibility when it discloses that nothing in Sections 37, 38, 39, 40 and 41 of the Constitution shall invalidate any law that is reasonably justifiable in a democratic society in the interest of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom of other persons.

That said, what are our national security issues? They include: Sustenance of democracy, Terrorism especially the Boko Haram nightmare, Niger-Delta implosion, Elections & Electoral malpractices, Insecurity of lives & property, Unemployment, Religious bigotry, Insurgence/Insurrection, Espionage, Refugees from neighbouring countries and Internally displaced people, Injustice, Inequity & Lawlessness, Kidnapping, Robbery, Cybercrimes, economy and the ever-growing population.

While government has the task of ensuring and managing national security, it sometimes breaches the Constitution and its own laws under the guise of ‘national security’. This is the current case of Sowore. Government by its inertia and ineptitude is making a hero out of Sowore. Must a citizen be detained indefinitely before he faces justice if he has a case to answer? Why not conduct discreet surveillance and investigation before arrest and prosecution?

The excesses of overzealous security operatives and government officials should be curtailed, if not eliminated for our democracy to flourish. In words and deed, government must adhere to the doctrine of Rule of Law to institutionalise good governance. In order for Nigeria not to be seen as a pariah state, disobedience to court orders must be eschewed like the plague. If government flagrantly or wittingly disobeys court orders, it is unwittingly creating a state of anomie.

The tardy and unprofessional manners of investigation, arrest, detention, prosecution, etc. in the country have led many to lampoon the situation of justice administration in the country. It creates a lacuna that often leads to a miscarriage of justice. Whereas, justice must only be seen to have been done, but it must manifestly be seen to have been done.

The case of Sowore should have been better handled and the judiciary should therefore, not be the whipping boy.

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