BEYOND INTERNATIONAL LAW: REASSESSING THE MUNICIPAL REGULATION OF ESPIONAGE IN NIGERIA

Abstract

Espionage is commonly analysed within the framework of international law and the law of armed conflict where it is often treated as an inevitable but legally indeterminate aspect of inter-state relations. This focus has tended to obscure the fact that espionage, particularly in peacetime, is predominantly regulated and experienced at the domestic level. This article moves beyond the international law paradigm to examine espionage as a municipal and constitutional issue within the Nigerian legal system. It argues that while international law maintains a position of strategic silence on espionage, Nigeria‘s response to espionage-related activities is shaped by domestic criminal legislation, constitutional norms, and the operational practices of security and intelligence institutions. Drawing on comparative insights from the United Kingdom and Canada, the article highlights how statutory clarity, intent thresholds, and public-interest safeguards can protect national security without undermining constitutional rights. It finds, with normative proposals for recognising espionage within Nigerian law while safeguarding fundamental freedoms and public accountability. The article contends that a clearer municipal and constitutional articulation of espionage is necessary to align intelligence practices with the rule of law and to prevent the erosion of constitutional safeguards under the guise of national security.