NATIONAL SECURITY AND HUMAN RIGHTS PROTECTION IN NIGERIA: THE NEED TO STRIKE A BALANCE
Keywords:
National Security, Human Rights, Constitutional Law, Rule of Law, Security, GovernanceAbstract
Abstract
Nigeria faces persistent national security challenges, including terrorism, banditry, separatist
agitations, cybercrime, and communal violence. In addressing these threats, state authorities
have adopted measures that often encroach upon constitutionally guaranteed human rights,
thereby raising concerns about arbitrariness, impunity, and democratic erosion. This article
examines the legal and constitutional relationship between national security and human rights
protection in Nigeria, with particular reference to the tensions arising from their interaction. The
study aims to analyse the conceptual and legal foundations of both principles, assess the extent
of compliance of security measures with constitutional safeguards, and propose a balanced
framework for their coexistence. Adopting a doctrinal methodology, the article relies on statutes,
judicial authorities, particularly Asari Dokubo v Federal Republic of Nigeria and relevant
scholarly literature. It finds that the subordination of human rights to national security
undermines constitutionalism, weakens institutional legitimacy, and fosters public distrust. The
article argues that respect for human rights is indispensable to effective national security
governance. It recommends the integration of human rights standards into security policies,
strengthening of oversight mechanisms, and continuous human rights training for security
personnel, alongside strict adherence to the rule of law and transparency in security operations.
