Features
An Analysis Of The Constitutional Validity Of Freezing Governor Fayose’s Bank Account By Inibehe Effiong
On Monday 20th June 2016 the Governor of Ekiti State, Ayodele Peter Fayose, alerted the nation that his personal bank account domiciled with Zenith Bank of Nigeria Plc has been frozen by the Economic and Financial Crimes Commission (EFCC). Mr. Fayose excoriated the anti-graft agency and the Federal Government of Nigeria for taking such “illegal” and “criminal” action without reference or regard to the immunity clause in the Constitution which protects him during the currency and subsistence of his tenure as the Executive Governor of Ekiti State.
In his response, the Spokesman for the EFCC, Wilson Uwujaren told Vanguard Newspaper that the anti-graft agency has the right to investigate any governor whose account is being used to move funds. “Immunity does not prevent EFCC from investigating suspicious accounts of those enjoying immunity, and Fayose cannot be an exception, “Mr. Uwujaren said.
Before delving into the substance of this legal controversy, it should be noted from the beginning that this essay is strictly aimed at dissecting the constitutionality or otherwise of the freezing of the bank account of a sitting governor by the EFCC. The temptation to meddle into any alleged, conceivable or ostensible political undertone in the matter will be resisted. I also need to caution that this piece requires patience and clarity of thoughts, devoid of emotions and sentiments for proper digestion and comprehension. The issue at stake deserves a detailed examination.
In resolving this controversy, I have formulated two relevant questions or issues for determination, namely:
- Whether the EFCC have the powers under the law to freeze the bank account(s) of persons who are under criminal investigation by the commission?
-
Whether a sitting governor of a State in Nigeria can be investigated for alleged crimes, and his bank account(s) frozen by the EFCC in the course or under the pretext of criminal investigation?
The answer to issue 1 supra (above) is found in the Economic and Financial Crimes Commission (Establishment) Act 2004 (subsequently referred to as the EFCC Act). In recognition of the serious nature of economic and financial crimes, the National Assembly vested the EFCC with far reaching powers to enable the Commission to discharge its mandate of ridding the country of corruption. Among the powers conferred on the Commission as part of its general investigative powers, is the power to freeze the bank account of persons who are subject of an investigation by the commission.
Specifically, Section 34 (1) of the EFCC Act with the heading: “Freezing order on banks or other, other financial institutions”, provides as follows:
“Notwithstanding anything contained in any other enactment or law, the Chairman of the Commission or any officer authorised by him may, if satisfied that the money in the account of a person is made through the commission of an offence under this Act and or any of the enactments specified under section 7 (2) (a)-(f) of this Act, apply to the Court ex-parte for power to issue an order as specified in Form B of the Schedule to this Act, addressed to the manager of the bank or any person in control of the financial institution or designated non-financial institution where the account is or believed by him to be or the head office of the bank, other financial institution or designated non-financial institution to freeze the account.”
The above provision is self-explanatory. For emphasis, I will elucidate on two principles arising from the provision.
Firstly, the EFCC Chairman or any other officer of the commission authorised by him can order any financial institution (including Zenith Bank of Nigeria Plc where Governor Fayose’s account is domiciled) to freeze any account with money which he is satisfied is made through the commission of an offence under the EFCC Act, the Money Laundering (Prohibition) Act, etc. Satisfaction within the contemplation of this section is entirely a matter of opinion which may be formed based on the existence of certain facts and circumstances that are within the knowledge of the chairman of the commission. The Act has not set out any condition that should guide the chairman in determining which account to freeze. In other words, it is a matter of discretion whether any account should be frozen or not. All that is required of the chairman is for him to be satisfied that the money in the account is a product of crime and corruption.
The second principle that deserves reiteration is that before the chairman of the commission can order a financial institution to freeze any account, he must first apply to the Court ex-parte (without the attendance of the owner of the account or the financial institution in court) for power to issue the order. Simply put, an application to the court for power to freeze an account and the granting of same, are conditions precedent to the issuance of an order to freeze under Section 34 (1) of the EFCC Act. At the risk of repetition, I submit that the EFCC has no power to order any financial institution or designated non-financial institution to freeze any account without obtaining the consent of the Court.
On issue 2, so much has been said about the immunity clause enshrined in Section 308 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (subsequently referred to as the Constitution). For ease of comprehension, the said provisions are reproduced verbatim below:
- (1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section –
(a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;
(b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and
(c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued:
Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.
(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.
(3) This section applies to a person holding the office of President or Vice President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.
In view of the above constitutional provisions, can Mr. Fayose be investigated by the EFCC for the commission of an offence under the EFCC Act, the Money Laundering (Prohibition) Act or any other law that is within the investigative or prosecutorial authority of the commission while he is still the governor of Ekiti State?
This question was answered emphatically in the affirmative by the Supreme Court of Nigeria in the celebrated case of Fawehinmi v. Inspector General of Police (2002) 7 NWLR (Pt.767) 606. The brief facts were that the late renowned human rights lawyer, Chief Gani Fawehinmi SAM SAN, by a letter dated 21st September, 1999 brought a criminal complaint against the former governor of Lagos State, Senator Bola Ahmed Tinubu, alleging grave criminal infractions and asked the police to investigate the allegations. Following the refusal by the police to accede to his request, Chief Gani filed an originating summons on the 7th of October, 1999 at the Federal High Court, Lagos wherein he sought among others, an order of mandamus compelling the Inspector General of Police, the Commissioner of Police Lagos State and the Nigeria Police Force (respondents) to investigate his allegations. The suit was dismissed by the Federal High Court following a preliminary objection by the respondents on the ground that by virtue of the immunity provisions of Section 308 of the Constitution, Tinubu who had assumed office as the governor of Lagos State could not be investigated on the said allegations.
Dissatisfied, the appellant challenged the judgment at the Court of Appeal. In its judgment, the Appeal Court held that Section 308 of the Constitution does not protect a governor and the other persons covered by it from criminal investigation. However, an order of mandamus was refused. Still dissatisfied, Gani approached the Supreme Court on the issue of mandamus. The respondents (the police) on their part filed a cross-appeal on the part of the judgment of the Court of Appeal, which declared that immunity does not cover investigation.
Delivering the leading judgment of the seven-man panel of the Supreme Court on Friday 10th day of May, 2002 on whether a governor can be investigated, Justice S.O. Uwaifo, J.S.C (as he then was), held inter alia:
“That a person protected under section 308 of the 1999 constitution, going by its provisions, can be investigated by the police for an alleged crime or offence is, in my view, beyond dispute. To hold otherwise is to create a monstrous situation whose manifestation may not be fully appreciated until illustrated. I shall give three possible instances. Suppose it is alleged that a Governor, in the course of driving his personal car, recklessly ran over a man, killing him; he sends the car to a workshop for the repairs of the dented or damaged part or parts. Or that he used a pistol to shoot a man dead and threw the gun into a nearby bush. OR THAT HE STOLE PUBLIC MONEY AND KEPT IT IN A PARTICULAR BANK or used it to acquire property. Now, if the police became aware, could it be suggested in an open and democratic society like ours that they would be precluded by section 308 from investigating to know the identity of the man killed, the cause of death from autopsy report, the owner of the car taken to the workshop and if there is any evidence from the inspection of the car that it hit an object recently, more particularly a human being; or to take steps to recover the gun and test for ballistic evidence; and generally to take statements from eye witnesses of either incident of killing. OR TO FIND OUT (IF POSSIBLE) ABOUT THE MONEY LODGED IN THE BANK or for acquiring property, AND TO GET PARTICULARS OF THE ACCOUNT AND THE SOURCE OF THE MONEY; or of the property acquired? The police clearly have a duty under section 4 of the Police Act to do all they can to investigate and preserve whatever evidence is available. The evidence or some aspect of it may be the type which might be lost forever if not preserved while it is available…” (Emphasis mine).
In the instant case, does the freezing of the account of Governor Fayose fall within the investigative powers of the EFCC or is it illegal as declared by Fayose?
The Supreme Court had correctly stated the position in Fawehinmi’s case supra that “criminal proceedings” as envisaged by Section 308 (1) (a) of the Constitution will only arise when a charge is brought. In rejecting the respondents’ argument that investigation was part of criminal proceedings, the Apex Court cited with approval the decision in the American case of Post v. United States (1896) 161. U.S. 583; 16 Court Reporter, page 611 at 613, in which it was held –
“Criminal proceedings cannot be said to be brought or instituted until a formal charge is openly made against the accused, either by indictment presented or information filed in court or at the least, by complaint before a magistrate…”
Since investigating a governor is permissible, does an application to the court for power to freeze the account of a governor under Section 34 (1) of the EFCC Act violate Section 308 (1) (c) of the Constitution which states that “no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued”?
The answer is indisputably in the negative (it is “Capital No”). This is because the law expressly states that the application should be made in the absence of the owner of the account, that is, ex-parte. If the EFCC seeks to freeze the account of a governor, there will be no process requiring or compelling the attendance of the governor since same is ex-parte and not on notice. Therefore, Section 308 (1) (c) is neither applicable nor violated in any way.
Freezing of accounts serves principally two purposes. First, by freezing a suspect’s account, the commission prevents the suspect from accessing, operating and drawing money from the account which may ultimately be forfeited to the government if the suspect is eventually prosecuted and convicted. Immunity clause cannot prevent the EFCC from securing and preserving monies found in the account of a governor provided the Chairman of the EFCC is satisfied that the money is proceeds of crime. Second, the money is frozen for preservation and use as evidence during a trial.
From the foregoing, it is clear that there is no provision in Section 308 of the Constitution that is offended by the freezing of the account of a governor. There is no argument about the fact that freezing of bank accounts of persons who are under criminal investigation is merely an interim, precautionary and necessary step preparatory to arraignment and prosecution. Interestingly, an illustration was given by Justice Uwaifo J.S.C. (as he then was) in Fawehinmi’s case of an instance where it is alleged that a governor “STOLE PUBLIC MONEY AND KEPT IT IN A PARTICULAR BANK”. His Lordship in his prophetic wisdom rightly stated that a “monstrous situation” will be created if the police (in this case the EFCC) is unable “TO FIND OUT (IF POSSIBLE) ABOUT THE MONEY LODGED IN THE BANK” or “AND TO GET PARTICULARS OF THE ACCOUNT AND THE SOURCE OF THE MONEY”.
According to an online newspaper, Sahara Reporters, “Sources at Nigeria’s premier anti-corruption agency, the Economic and Financial Crimes Commission (EFCC) have revealed that a personal account at the Zenith Bank of Nigeria of Ekiti State Governor, Ayodele Fayose, was frozen in connection with over N1.2billion he took in 2014 from the disgraced National Security Adviser (NSA), Sambo Dasuki, to prosecute his re-election as governor.” If this was the basis upon which the EFCC Chairman became satisfied that the money in Fayose’s bank account is/was made through the commission of an offence under the EFCC Act or other applicable laws, nobody could question him, except the court.
Governor Fayose has not been invited for interrogation by the EFCC; he has not been arrested or imprisoned; no criminal proceedings has been commenced against him, and clearly no process of a court requiring or compelling his attendance in court has been issued or applied for. These are the only things and actions that Section 308 of the Constitution forbids. The Supreme Court in Fawehinmi’s case supra declared that a governor can be investigated in any manner, provided it does not lead to any these limited situations. The Apex Court emphasised that these limited situations must not be extended under the guise of liberal interpretation of the Constitution.
The question then is? Has any of the protections given to Governor Fayose by Section 308 of the Constitution been taken away by the EFCC?
The answer is NO.
However, the EFCC must exhibit an order of the Court that empowered it to freeze Fayose’s account. In the absence of such authorisation, the action is illegal, ultra vires, oppressive, undemocratic, null and void and of no effect whatsoever. If the condition precedent was not complied with, the account should be de-freezed immediately without delay with an apology to the governor. Fayose has the right to seek legal redress in the absence of an order of the court. In the case of Mobil v. LASEPA (2003) 104 LRCN 240, the Supreme Court held that failure to comply with a condition precedent is fatal and renders an action a nullity.
One does not need to be a lawyer to know that law enforcement agencies, including the EFCC, in the course of an investigation of crime usually and are legally empowered to take possession of material evidence. Freezing of a suspect’s bank account is undoubtedly an integral part of the investigation process and procedure. If it were not so, Section 34 (1) of the EFCC Act would only be invokable when a charge or information has been filed. I submit however that the Court has the supervisory jurisdiction to examine, review and or revoke any freezing order issued by the EFCC chairman depending on the circumstances and the justice of each case. The order itself it interim in nature and not absolute or perpetual.
As a postscript, I further submit that any reference to the immunity clause in Section 308 of the Constitution that is outside the limited protection in the express provisions of that section is legally indefensible and baseless. The President, Vice President, Governors and Deputy Governors only enjoy limited immunity. There is nothing dictatorial, “illegal” or “criminal” in investigating a governor for alleged offences.
Let it be known that immunity is not a license to commit crimes or engage in wanton corruption. Section 308 of the Constitution only offers limited protection. It was never the intention of the framers of the 1999 Constitution for the clause to be exploited as a weapon for impunity, executive lawlessness, and self-enrichment.
Inibehe Effiong is a Legal Practitioner and Convener of the Coalition of Human Rights Defenders (COHRD) and can be reached at: inibehe.effiong@gmail.com
Source: SaharaReporters
Features
ANLCA Chieftain, Henry Njoku Debunks Purported Dissolution of Necom by Taiwo Mustapha
The Patron of Association of Nigerian Licensed Customs Agents ANLCA, chief Henry Njoku says the purported dissolution of the National Executive Committee NECOM of the Association as credited to one Dapo Olawumi who alleged that Alhaji Taiwo Mustapha a self acclaimed ANLCA board of Trustees Chairman has dissolved the NECOM was a ruse, malicious, misleading and inconsistent with ANLCA supreme constitution.
Addressing journalists in his office in Port Harcourt, the Rivers State Capital recently, Njoku said, ” My attention has been drawn to a publication credited to Dapo Olawumi that the National Executive Committee NECOM of the Association of Nigerian Licensed Customs Agents ANLCA has been dissolved by Taiwo Mustapha who was alleged to be the Chairman of the Board of Trustees of ANLCA and acted in that capacity to purport to have dissolved the NECOM”
The visibly angry ANLCA Patron and chief executive officer of Harritex group of companies, Chief Henry Njoku, said he would not have wasted his time replying to such hoax and garbage being dished out by those who did not mean well for the association but to put the record straight added , “I wish to state that such publication is misleading and such dissolution is inconsistent with ANLCA’s supreme constitution and only reflects the wish of those who do not mean well for ANLCA”, insisting that “all well-meaning members of ANLCA should disregard the said unconstitutional act and remain calm.”
Speaking further, Njoku said that Taiwo Mustapha who has been specifically restrained by a Federal high Court sitting in Lagos in 2018 in suit no FHC/L/CS/1274 /2018 from parading himself as Chairman of Board of Trustees of ANLCA is neither a member of Board of Trustees of ANLCA nor the Chairman of Board of Trustees of ANLCA registered and recognized by Corporate Affairs Commission Abuja, and wondered where such power to dissolve ANLCA NECOM was gotten even as he maintained that “Alhaji Taiwo Mustapha and his cohorts have no power under ANLCA’s supreme constitution to announce such dissolution and appointment as Taiwo Mustapha has been specifically restrained by the Federal High Court sitting in Lagos in suit no FHC/L/CS/1274 /2018 from parading himself as Chairman of Board of Trustees of ANLCA. ”
In a related development, the Eastern Zonal executive committee of ANLCA has rejected in its entirety the purported dissolution of ANLCA National Executive Committee ably led by the Acting National president, Dr Farinto Collins.
This position was disclosed to Newsmen in Port Harcourt by the Zonal Secretary Sir Joshua Ahuama on behalf of the Zonal Chairman Chief Uche Martins.
Rising from an emergency meeting weekend , Ahuama said, the zone having perused all the relevant provisions, sections and sub-sections of the ANLCA constitution has decided to solidly stand on the decisions of the National Executive council (NEC) held on Wednesday July 12, 2023 at RockView Hotel Abuja, extending the tenure of the current NECOM by three months in line with ANLCA supreme constitution and also upheld the NEC decision to grant one month extension request by the Association Electoral Commission (ASECO) to conduct free, fair and credible elections.
The zone insisted that NEC is the only organ of the Association saddled with such responsibilities and power for extension as contained in the ANLCA constitution and wondered why anybody or group of persons should announce the dissolution of the National Executive Committee and appoint an administrator without recourse to the ANLCA constitution.
He described such act as unconstitutional which violated the provisions of the Association’s constitution, even as the zone dissociated herself from the alleged dissolution of NECOM while pledging her unwavering loyalty to the Acting National president Dr Farinto Collins led administration.
Recall that ANLCA which is the oldest Maritime association in Nigeria has been engulfed in a lingering crisis for many years which has defied every effort to resolve it.
Industry watchers believed that the recent moves made by the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) would have solved the problem, but with the situation on ground one may wont to believe that the end to this lingering crisis might not be in sight after all.
Credit: Bon Peters
Features
TOPE ALABI AND HER SIXTH SENSE
By:Samuel Fasanmi
One of my pastors will always call me ‘Sanmi’ instead of Fasanmi. Fasanmi simply means Ifa oracle is profitable to me, and my pastor felt that in calling me Fasanmi, he was indulging in idolatry! Such is the level to which Pentecostalism has tied us to delirious treadmill of profanity in Nigeria.
The same pastor feels comfortable with names like Adeboye, Kumuyi, Ajibade, Aina, or Ilori. It simply showed his lack of depth in Yoruba language and literature. The suffix Ade, for example, which looks like a crown to adorn the king’s head, is usually more than a crown in Yoruba culture. The crown is also a symbol of worship in the Yoruba palace, and a lot of sacrifices comes with such worship. That is why a king can use his crown to place a curse on anyone, and it will come to pass.
Iku is also one of the orisas in Yoruba land. So, Kumuyi simply means the god of Iku has brought a special son. All the special children, like Taiwo and Kehinde, Aina, Ojo, and Ilori, have special panegyrics that portend their spiritual and physical talents.
In Ifa Corpus, specifically Odu Ifa 𝑂𝑔𝑢𝑛𝑑𝑎 𝑀𝑒𝑗𝑖, the stories of three women—Aboru, Aboye, and Abosise—who rendered special help to Òrúnmìlà were told. It was said that in a bid for Orunmila to consult Olodumare, these three women were like ombudsmen that must be appeased. Orunmila made sacrifices to appease these women, and he had an easy passage to see Olodumare. Just for their power and kindness, Orunmila proposed marriage to them, and the harmony of love ensued among them. In honouring these powerful women, Orunmila asserted that anyone who wants to see Iyanifa or Babalawo must first pay homage to 𝐴𝑏𝑜𝑟𝑢, 𝐴𝑏𝑜𝑦𝑒, 𝑎𝑛𝑑 𝐴𝑏𝑜𝑠𝑖𝑠𝑒!
Another version of the significance of Aboru, Aboye, and Abosise can as well be found in Odu Ifa 𝑂𝑔𝑢𝑛𝑑𝑎 𝑀𝑒𝑗𝑖, where it was said that anyone who could mention the names of the three pretty damsels would have the liberty of having them as wives. Only Tela Oko was able to mention their names after several other men had failed in their attempts to do so. The failed men who were kept on the gallows were released and showed their appreciation to Tela Oko. However, Tela Oko asked the men to thank Aboru, Aboye, and Abosise. Since then, those names have grown from gratitude to homage, and greetings among Ifa practitioners.
Tope Alabi is a gospel singer who is fond of using Yoruba words in praising God (Olodumare). Psychologist Rhine has Tope Alabi in mind in his description of extrasensory perception, also called the sixth sense. Rhine defined the sixth sense as ‘a claimed paranormal ability pertaining to the reception of information not gained through the recognized physical senses but sensed with the mind.’
Tope Alabi’s songs are tonics for the soul. She weaves Yoruba literature around biblical stories and conveys them in narratives, leaving one in unimaginable awe and unspeakable joy. She is rich in words, deep in thoughts, philosophical in composition, and beautiful to behold.
Tope’s lyrics are deep, and the recent controversies brewing about her word usage are reflections of a society suffering from cultural diffusion, pretentious religious dogma, and a poor understanding of Yoruba language and culture. Firstly, it was Oniduro’s saga. She succinctly answered the Oniduro question in Igbowo Eda through Alagbawi Mi by differentiating Oniduro from Alagbawi. This time around, she went to the spiritual field to fetch the names Aboru, Aboye, and Abosise, and as is her wont, she gospelized them! That is her new offence!
The three names, as explained in Odu Ifa Ogunda Meji, are actually more than names. No doubt, the Babalawos and Iyanifas use them as routine greetings. So also, any of the words can be used to pay homage to the elders in Yorubaland—I am sure this will jolt some of the Yorubas reading this! We have actually demonized some of the symbols of our culture, language, names, and even gods!
Till now, some Pentecostalists have believed that Satan is Esu which is not true! Aboru, Aboye, and Abosise are names; and nothing is wrong with using anything created by Olodumare in praising him! Sheep, Lamb, Rock, etc. were used in the Bible to denote God or Jesus and to compare His greatness.
Let Tope Alabi be! Allow her to vent her tentacle of praising God to anything that filters through her sixth sense. Allow her antennae of praise to roam every religious space in Yoruba land and the world. Allow her to spread the lurch embedded in Yoruba literature with her cheery creativity and talents. Tope is changing our world with her songs. She is truly a reincarnation of Olodumare’s ombudsman, who helps us access the things of God through her uncommon praises.
Samuel Fasanmi
Features
NISS: Driving Change Agenda in Security Agencies
By Afakriya Gadzama
One of the major achievements of the President Muhammadu Buhari Government is upgrading of the National Institute for Security Studies (NISS) to enhance its role in enhancing inter-agency cooperation, building the capacity of security organizations and eliminating practices that are incompatible with the rights of the citizenry.
The decision was apparently informed by glaring inadequacies and rivalry among security organizations that undermined collective efforts to have seamless cooperation and effective coordination between stakeholders in the national security system. It was very critical to have an Institute where the intelligence, security, military and paramilitary organizations could interface and share ideas towards common operational culture.
The National Institute for Security Studies was also to address the diverse and often conflicting doctrines, approaches and understanding in security practice by providing a medium for interaction and forging better formal and informal understanding in handling security and related challenges. When the Institute came on board through the 2019 Establishment Act, inadequacies and anomalies in the security architecture and practices could subvert a unified approach for tackling security challenges in the country. It was considered imperative to have an institutional framework that will bridge the gaps and divergent positions on dealing with common security challenges. There could not have been a better time to have such an Institute than now when the country faces myriads of security challenges. The need to have an institute that will address lack of capacity among those being prepared to hold command appointments was a matter of urgency. The core mandates of the Institute include addressing perceived leadership inadequacies among those holding command appointments.
A major inadequacy in the security, defense, law enforcement and paramilitary organizations in the security sector is lack of sufficient grooming of those aspiring to hold command appointments. The National Institute for Security Studies was charged with addressing leadership inadequacies and ineptitude in those heading security and related organizations. The Institute was without doubt a child of necessity with responsibilities similar to those of the National Defense College and the National Institute for Policy and Strategic Studies, Kuru Jos. The NISS is also charged with preparing commanders and directors to fit leadership models suitable for effective response to contemporary security challenges. The upgrade of the Institute for Security Studies to a National Institute was informed by the importance of a well-informed perspective, mindset and knowledge supportive of the nation’s nascent democracy and operational effectiveness in emerging security commanders.
After a long period of military rule, it was necessary to initiate significant changes in security management that are in consonance with democratic practices. The Institute promoted a new orientation and best practices in security management by continuously urging participants to avoid attitudes and practices of the past in order to fit into the change agenda and discard the use of unbridled force, abuse of human rights and corruption. The NISS has been a major driving force in the change and democratization processes in the country by adopting re-orientation of mindset of security operatives and related professionals as core areas of study. The NISS also inculcates in course participants the importance of intelligence, integrity and civility in security and crime management by exposing them to best practices in security and intelligence management, drawing extensively from the experiences of other countries and this has been valuable in the change process promoted in the Institute. The Institute also enhances the knowledge of course participants by taking them on foreign studies tours and giving them lectures in comparative studies. The NISS has dedicated lecturers who are very determined to take it to world class level and this has worked in its favour, although much still needs to be done to recruit experienced scholars conversant with contemporary security practice.
The vision of the management of the Institute is to draw from the knowledge and experiences of experienced academia and security intelligence officers especially those who have held top positions. Ministers, governors and heads of government agencies and departments who are interrogated on challenges undermining efforts to address security and development challenges deliver lectures at the NISS. Studies by course participants and interactions with governors have drawn attention to nagging security and development challenges. The Institute focuses on challenges of governance as core areas of study and participants and their study tour coordinators make recommendations to state governments and organizations. The Institute is emerging as a source of valuable contributions in policy decisions that could help stabilize the polity and achieve development objectives.
The NISS also conducts research into topical security challenges facing the country and the sub-region during which participants get lectures and conduct research into major security challenges and why they persist at national and global levels. The research covers challenges of poor leadership, governance and extremism in the country, complemented with studies on institutional and leadership failures. Lectures and research papers also cover proliferation of dangerous weapons, drug addiction, illegal migration, sub-regional challenges and threats that undermine development and change. The Institute provides avenues for exchange of ideas on harmonization of divergent operational approaches in managing security threats and critical intelligence in security practice, avoiding intelligence failures in crises and failure to appreciate intelligence in conflicts. Terrorism, armed banditry, militancy and religious extremism are other important areas of research in view of prevailing situations in the country, as well as sabotage and attempts to delegitimize leadership and governance interest, negative consequences of sectionalism, religious bigotry and promotion of sundry parochial interests and sentiments.
The Institute has recently hosted seminars and lectures on challenges of governance, leadership, and support for the country’s quest for stable democracy. It has also been at the forefront of promoting a paradigm shift predicated on the centrality of respect for human rights and good governance because effective security is only obtainable where the interests of the citizenry and those who lead are in harmony. The perspective of security as the aggregation of all interests is given prominence in lectures and the shift in emphasis from regime protection and preference for the use of force to meeting the aspirations of the citizenry are considered fundamental in understanding critical components of national security. In addition, the Institute frowns at the incursion of deception, playing to the gallery and sycophancy in security practice. Participants are encouraged to cultivate the culture of being frank, truthful and honest to those in the position of authority. The challenges of elections and democracy in a changing environment with emphasis on attitudes, factors and tendencies that undermine the growth of democracy and development also come under focus in the Institute’s concerns for stable democracy, credible election processes and patriotic leadership.
Major stakeholders in the conduct of elections including the Independent National Electoral Commission (INEC), the security organizations and political parties are invited to deliver lectures. The Institute has facilitated exchange of ideas on corruption in recognition of the fact that corruption has socio-economic and political implications on and national growth and progress. The mandate of the National Institute for Security Studies is well thought out to meet security, development and leadership demands and overcome challenges of our time with particular focus on reorientation, remodeling and changing the mindset of personnel especially those holding Command appointments. Going by its achievements so far, the Institute remains on course despite disruptions of its programme by the Covid-19 pandemic and lack of funds for the successful take-off of some of its programmes and qualified manpower. Afakriya .A. GADZAMA OFR, mni Chairman, Governing Board of the National Institute for Security Studies.
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