CIVIL MILITARY RELATIONS AND LEGISLATIVE OVERSIGHT IN NIGERIA: A STUDY OF FOURTH REPUBLIC NIGERIAN SENATE.

CHAPTER ONE

Introduction : Eric Hoffer once noted that, “there are similarities between absolute power and absolute faith; a demand for absolute obedience, a readiness to attempt the impossible, bias for simple solutions – to cut the knot rather than unravel it, the viewing of compromise as surrender. Both absolute power and absolute faith are instruments of dehumanization. Hence, absolute faith corrupts as absolutely as absolute power” (Nigerian Tribune, Monday, March 29th, 2010). This is very true when situated in the realities of life; man by nature is selfish and violent thereby making the Hobbesian state of nature possible outside the democratic state. Inculcating good civil orientation on the military and a good civil – military relation has been recognized by scholars as the only panacea to political instability and under-development (Abubakar, et al, 2017; Arjana, 2002; Hitrov, 2004; Wogu & Ibietan, 2014). Having gone through a decades of military regimes, and considering the pivotal roles which both the legislature and the military play in the survival of democracy and development of any country, there is need for regular civil – military interface in Nigeria. This study underscores the need for the two important institutions – the Legislature and Military – to interact adequately on the areas of common interest, challenges facing Nigeria’s young and wobbling democracy and possible ways forward all in a bid to deepen civil-military relations in and Nigeria and reduce cases of human rights abuse and military interference in politics.

The military as a critical element of national defence has ensured the defence of the territorial integrity of the Nigerian State and indeed, assured internal security in the country (Abubakar, et al, 2017). Nigeria has survived a civil war and series of ethnoreligious and political crises and is currently faced with the Boko Haram insurgency, armed-banditry, militancy, kidnapping, etc. that pose a huge challenge to the nation (Wogu & Ibietan, 2014). The Nigerian Military has also done well in maintaining peace and security in the West African sub-region, Africa and some other parts of the world through peace-keeping operations. Ogah (undated) however, opined that inherent internal contradictions of politics, economics, religion, ethnicity, corruption and other social ills have all combined to exert pressure on the national psyche (including the nation’s military) and these have adversely impinged on the potentialities of the Nigerian nation.

Nigeria has witnessed myriad of conflicts and ethno-religious crises since the return to democracy in 1999 after long years of military rule pervaded by violent/nonviolent coup de’tats (Akindola & Ehinomen, 2017). These crises range from the activities of the Niger Delta militants in the South South, the Fulani herdsmen-crop farmers conflicts in some parts of the North West and North Central zones and the activities of the dreaded Boko Haram insurgents across states in the North East of Nigeria (Osabiya, 2015). The reaction of the government to these conflicts and heightened insecurity situation is a deployment of military personnel over troubled civilian-dominated areas.

Sequel to the long years of military rule preceding the Fourth Republic, the continued deployment of military personnel to crisis-prone areas and an underresourced police manpower, poor civil-military relations and infractions and a general lack of cooperation between members of the public and the military personnel, civilmilitary relations seem to be at its lowest ebb (Abubakar, et al, 2017).  

On the other hand the National Assembly is among other functions saddled with the mandate of oversighting Ministries, Departments and Agencies (all government institutions) including the Military and its adjoining agencies (Hamalai, 2015). In Nigeria, the legislature remains the first arm of government charged with the traditional law –making function. However, its functions go far beyond law – making to encompass power of appropriation, public petition, conflict mediation and resolution, ensuring accountability in government, protection of public interest and over-sight on every other government institution or establishment, thereby making it indispensable in the nation’s democratic governance. In a paper presented at a public lecture organized by the Department of Political Science, University of Lagos Rt. Hon. Emeka Ihedioha, Deputy Speaker of the Federal House of Representatives opined that the Legislature occupies a central role in any democratic framework. While there can be government without the legislature, there can be no democracy without the legislature. Therefore, for Nigeria’s democracy to thrive, the legislature as a major institution of representative governance must be strengthened (Vanguard, July 8th, 2012). The National Assembly of Nigeria plays pivotal role in the formulation of national security/ defense policies and determining military engagements. Mbachu (2009) argues that, security is all about national interest and involves “the sum total of actions and measures, including legislative and operational procedures, adopted to ensure peace, stability and the general wellbeing of a nation and its citizens”.

Discernible from the foregoing is that there is more to military operations than just obeying command from the superior authorities. It goes to show that issues of defense, security and external peace-keeping operation are also within the domain of the legislature who passes resolutions, Acts, and laws relating to military affairs and operations as well as oversight them. In like manner many military officers have proved to be astute law – makers on retirement. That is to say that some members of the National Assembly are actually former military officers who served Nigeria meritoriously in their service years.  

The security situation in the country has assumed a worrisome terrorist dimension and has engendered the militarization of civilian environments. This calls for urgent policy aggregation and articulation in order to find a lasting solution to the situation. The legislators are the representatives of the people and together with the armed forces they have the responsibility of ensuring the security of lives and property of the people and provision of public goods to the Nigerian society. Reneging on this responsibility would mean a failure of the relevant institutions. This will unarguably result in mistrust and loss of faith in the leadership of the country. Therefore, there should be improved civil-military synergy on the areas of common interest.

Parliament/ legislative bodies play important role in democratic control of the Military (civil – military relation). However, Nigeria is faced with the challenge of developing an effective system for parliamentary oversight of defense policy and civilmilitary relation (cottey et al. undated). According to Arjana (2002), democratically elected legislature is the institutional expression of popular accountability. The elected officials examine and approve legislation and broad public policy and defense budget. The importance of the parliament in civil – military relations cannot be overemphasized. Laws and effective parliamentary oversight of the armed forces depends largely on both “the formal constitutional or legally defined powers of the legislature and the capacity of the legislature to exercise those powers in an effective and meaningful way in practice". However, inadequate parliament interest in defense and security matters; limited access to information; dearth of material support to facilitate the oversight function; and lack of academically sound/ qualified legislators (i.e. dearth of expertise) are some challenges facing National Assembly oversight function on the armed forces.

Oversighting the civil military relations ensures and fosters national security, cohesion, accountability, respect for the rules of engagement and human rights of civilian and the Military. Therefore, this study seeks to examine how well NASS has over-sighted civil military relations since the nation’s return to democracy in 1999.

1.2.  Research Problem and Question

The Nigerian Military consists of highly educated individuals. According to Oko (2015), prior to the return to civil rule in 1999, the Military was been seen as an organization made up of mean people that cannot be talked to. However, with the return to democratic government the situation has changed throwing up the civil military relations issue. And added that the choice is not between durable democracy and a strong military; a nation that cannot achieve both will have none. According to Oko (2015), the greatest challenges to civil military relations emanate from how the military should be deployed in rapidly developing societies simultaneously battling to deepen democracy and promote change and development.  

Section 217 & 218 of the constitution; section 8 of the Armed Forces Act listed civil control mechanisms of the military in Nigeria to include both the executive and the legislature. The democratic process has strong institutions – the executive and the legislature that systematically control the military. Designating the president, an elected civilian, the commander in chief, forcefully reinforces the notion of subordination to civilian authority. Granting the legislature, the peoples’ representatives, significant control over the military bolsters public confidence that the country truly operates a government based upon sovereignty and will of the people. Oko (2015), opined that the executive arm control the military through the appointment of military commanders. The Legislature through its law making powers, budget, ratification of the appointments of service chiefs and its oversight functions control the military. It appears that arrogance, self-righteousness, pride and ambition on the part of military personnels constitute impediment to smooth civil military relations in Nigeria.  

The perceived Nigerian military’s poor human rights record has a very negative impact on effective civil military relations in Nigeria. Grave abuse of the right of civilians in several parts of the country, from the Odi (1999) to Zaki Biam (2001), and more recent alleged extrajudicial killings, mostly in the context of countering militant and separatist groups from Boko Haram and the Islamic Movement of Nigeria (IMN) to the Indigenous People of Biafra (IPOB), have further alienated citizens, whose cooperation is crucial for successful internal security operations within these flashpoints (Crisis Group Africa Report No. 237, 6 June 2016).

This state of affairs have left in its trail a military greatly challenged in its primary function of defending the country and its citizens as civilians are scared of giving out information to the Military (Crisis Group Africa Report No. 237, 6 June 2016). Although, the Nigerian Military has been able to reverse Boko Haram’s advance greatly since early 2015 but only with help from the forces of Nigeria’s poorer neighbors and support from foreign technicians and mercenaries.  Since assuming office in June 2015, the National Assembly has passed several motions and resolutions regarding better ways of enhancing security leading to the executive relocating the military command centre dedicated to the fight against Boko Haram to the North East. These actions have had salutary effects on the fight against insurgency but did not translate to improved civilmilitary relations.

The need for Legislative oversight of the Military is hinged on the fact that the Executive arm of Government regards it as its own exclusive purview, just like the security agents themselves feel their loyalty goes to the Executive. This therefore implies that tension between the two arms of government over the effective supervision of the Military sector is inevitable in most countries. On the other hand, there is the need to ensure effective action by the executive in the activities of the sector, while at the same time balancing the democratic ideals of ensuring perfect checks by the legislature. Defence makes this establishment of such balance difficult because of certain reasons (Lunn, 2003):

1. Defence generally concerns the security of an entire country and involves a decision to commit lives of people and enormous resources. This decision of this nature must enjoy popular support.

2. Also, the defence involves the maintenance of Armed Forces, who are a special groip, in view of the fact that they possess weapons and armament. The Military therefore is a group that can make a difference between life and death. Its loyalty is essential for any government, hence the need to maintain contact with it by the various arm of government.

Further complications are created by the major question as to whether there exists areas in the defnce sector that are strictly military in nature and should therefore enjoy non-interference both from the Executive and the Legislature. It is generally believed that such areas do indeed exist. The development of military doctrine, tactics and the training of the armed forces personnel should be left in the care and control of the military professional themselves (Lunn,2003). All other areas not falling within the above category will require that the military gives proper account to the civilian government, particularly the Legislature, as the representative of the people. This process and procedure of Military accounting their activities to the Parliament is captioned as the legislative oversight of the Military.

However, the law-makers are mostly people with little or no knowledge of the military field and find it difficult to get along when military matters are being discussed using military field experiences (terminologies). This constitutes serious impediment to effective oversight of civil-military relations by the relevant committees of National Assembly. The high turnover rate according to Hamalai (2014) has impacted adversely on the capacity of the mostly new (first term) legislators to discharge their law-making, oversight and representation functions. This informs the rationale behind this study being undertaken to establish the effect of legislative oversight on civil-military relations in Nigeria. This research takes a critical look at how the National Assembly has performed its mandate of oversighting the military for improved civil-military relations and the factors impeding the smooth execution of the oversight of the military by the National Assembly.

1.3.  Research Questions

Therefore, this study was guided by the following questions

1. What is the state of civil-military relations in Nigeria since 1999?

2. How has the Civil-Military relations impacted the fight against insurgency, militancy, and internal insurrection?

3. What are the factors impeding the smooth execution of the oversight of the Military by the National Assembly?

4. Has the National Assembly performed well its mandate of oversighting the Military for improved civil-military relations?

1.4. Research Objectives

The broad objective of this study was to examine the civil – military relations and legislative oversight in Nigeria’s Fourth Republic. Specifically, the study seeks to:

1. Examine the state of civil-military relations in Nigeria since 1999.

2. Ascertain how Civil-Military relations has impacted the fight against insurgency, militancy, and internal insurrection.

3. Ascertain how well the National Assembly has performed in its mandate of oversighting the Military for improved civil-military relations.

4. Scrutinize factors impeding the smooth execution of the oversight of the Military by the National Assembly

1.5.  Scope and Limitation of the Study

This study focuses on civil – military relations and legislative oversight in  Nigeria’s Fourth Republic Senate. This restriction to Senate (and Federal House of Representative) of the National Assembly became pertinent considering the dearth of data or information regarding civil – military relations and legislative oversight in Nigeria’s Fourth Republic and the limited time and resource available to the researcher to carry out this study. This scope will also foster clarity and a better understanding of the objectives and findings of this study.  

1.6.  Significance of the Study

This research work can provide helpful insight into the understanding of the legal provisions on legislative oversight of government institutions including the Military and how it has impacted the civil-military relations in Nigeria. This study is relevant and significant to the National Assembly, NILDS, Universities, the Academia and policy makers considering the role of civilians in helping the military with information on how to defeat any form of internal insurrection.   

By attempting to bring civil – military relations and legislative oversight in Nigeria’s Fourth Republic Senate to the fore, this study attempts to fills an important gap in the extant body of knowledge on the subject. Moreover, by focusing specifically Fourth Republic Senate, this study will aid policy of government.   

The study is, therefore, significant not only for advancing the frontiers of knowledge in civil-military relations and oversight but also for its specific focus on the National Assembly of the Fourth Republic and useful policy implications.

1.7.  Definition of Concepts

Civil – Military Relations: This is entails the relationship between civilian populace as a whole and the military institution or organizations established to protect and guard it.  This also underscores the civilian control of the military as well as keeping the military in the barrack to perform their constitutional/ traditional role.

Legislative Oversight: Legislative oversight according to Ndoma-Egba (2012), refers to the power of the legislature to review, monitor and supervise government agencies, programs, activities and policy implementation strategies of the Executive arm of government to remain responsive, transparent and accountable the people.

Military: This is the institution of the state saddled with the responsibility of defending the territorial integrity of the state to ward off aggression from other independent state and to quell internal aggression.

Fourth Republic: this is the period that begin from the time the Gen. Abdulsalami Abubakar regime disengaged from office and handed over power to an elected civilian government that is, from May 29th 1999.

Subordination to civilian authority: This entails that the civilian populace control the military through their elected representatives in the executive and legislative arms of government. Sequel to the fact that the Military is maintained from tax-payer money in public treasury, they are answerable to the civilian authority.