Introduction
A nation’s security
we are often told, rest on the availability of many resources which include
human, natural, technological, political to name but a few. But Nigeria does
not seem to lack too much of these, yet the current level of internal
insecurity appears to be tasking the strength of our security forces far beyond
their capability. It is equally testing the resolve of the president as
commander-in-chief of the armed forces in taking decisive action to arrest the
situation that is gradually developing to snowballing into full scale gorilla
warfare. What most observers believe we seem to lack, particularly to confront
the escapade of our homegrown terrorists, is our inability to organise the
available resources, arrange and focus them within a coherent intelligent pattern.
This organisational capacity which we lack is a prime factor in the management
of the national security. This capacity depends on the individuals and the
leadership in the national security structure and organisation.
Probably sensitive
to the danger of militarism and domestic militancy, the makers of our
constitution fashioning it with that of US, designed the highest elected government
official, the President, as the Chief Executive and Commander-in-Chief of the
Armed Forces, and endowed him with the powers
to issue proclamation of war, declaration of state of emergency, suppression of
insurrection, determining the operational use of the Police and the Armed
Forces, but all these can come to pass
only with a National Assembly resolution and approval. These precepts
have remained unchanged in the last 12 years, as the President and the national
legislature have developed distinctive patterns of relationships in their
concern for the national security. At the same time, there are other factors
profoundly influencing the shaping of our national security structure. One is
the absence of powerful nations on our borders. This confidence, couple with a
persistent distrust of our security forces and our aversion to war, restricted
the tangible evidence of our might to just a token military establishment.
Our security
forces, particularly the Armed Forces
and the Police are distinct and separate entities, established , organized,
funded by separate legislation, and yet carrying out their assigned or implied mission as best
as they could with limited means and capabilities. Moreover, in their joint efforts
in conducting internal security, their operations are most times marred by acrimonious
controversies, confrontation, confusion, makeshift administrative expedients
and organisation improvisation. The most glaring weakness often, is the lack of
coordinate intelligence, adequate monitoring or the coordination of efforts
among the internal security forces for the development of policies for
strategic planning and for the mobilization of the human and logistic resources
for the national security.
Executive Power of the President
As the Chief
Executive and Commander-in-Chief of the Armed Forces, the President has the
central role in the formulation, direction and execution of the national
security policy and this primacy makes him predominant in national security affairs. Unfortunately, our constitution
appears not to have adequately addressed national security as a separate
matter, but simply granted powers to both the National Assembly and the
president to “ensure peace and security
of public safety and public order” and leaves the course of events to
determine which of the two arms of the government have the decisive voice. In
most cases constitutionally, that voice in matter of internal security has
always been that of the president.
For an
executive president to fulfill his national security responsibilities, he must
be knowledgeable about it, and must make vital and often swift decisions, not
only about the national security, but also on foreign and domestic policies,
economic and social questions and myriad of other problems. All these are integrated
into the framework of the overall national policy and he, ultimately he alone, can
conceive and understand it. However, he still cannot achieve it effectively alone
in a vacuum.
Several
years ago, President Truman of USA, underlined three conditions that must be met
for a president to act effectively.
First, he said the president has to be on top of situations, getting the
facts, and all the facts take hard work. The president, he also stated, cannot
make decisions if he does not know what the alternatives are. Likewise he
cannot know what the alternatives are if he does not have all the facts. Second, the president has to find the
best men he can to be in his staff and his cabinet. Third, the president needs an organisation that can and will give
full effort to his decisions.
To get the
job done and make achievable decisions the president as the chief executive and
the commander-in-chief, is constitutionally empowered to appoint all the heads
and members of the entire Executive Offices in the government. These executive
offices are structured into the
Presidency, in the inner ring and two others in concentric circles namely
the President Cabinet and some
autonomous Federal Executive and
Advisory Bodies consisting of Commissions, Councils and Boards. All of
these are responsible for social, economic and political matters.
The Executive Office of the President in general
terms, is meant to provide him with
a ready flow of information on top-level problems; help him in anticipating and
planning for future programme; protect him from minor and time consuming
details and ensure the implementation and coordination of policies. The most
prominent institution in the president executive office is the President’s Cabinet which is wholly
political in its makeup and has never been capable of providing the needed
assistance to him. Very often, the interests of members of the cabinet are
disparate if not conflicting since they align with the interest of their
various political parties’ programme and to some extent the departments they
head. The Cabinet was never intended to be working staff for the president, but
they are prescribed by statue and thus are accountable in some respect to the
National Assembly. However, they are all directly responsible to the president
as the chief executive and their primary function is to assist him.
The Presidency is the most
immediate to the president and one that attracts the most attention. This
office is characterized by its flexibility and the broad scope of its activities.
In many respects, it is the personal staff of the president helping him in his day-to-day
tasks by preparing speeches, handling correspondences, maintaining inter
relationship with the National Assembly, Cabinet Ministries, Departments, Agencies
and the Public, regulating the flow of papers and visitors and taking care of
the details and minutiae associated with his positions. The structure and
operational procedure of the presidency varies from one president to another.
While a president like chief Obsanjo capped the hierarchical structure of his
presidency with a Chief of Staff, Yar’Adua had a Special Assistant to the President
with extensive powers.
As distinct
as the functions of the executive bodies may be, they often overlap and they
also impinge on the national security affairs. The national security on the
other hand would normally reflect principally the president’s view on the
overall national policy and on his role in formulating and coordinating internal
security and territorial defence. The more important an executive or advisory
body is, should determine the president’s relationship with it, its
responsibility and the presidential authority it enjoys. In many cases, this
would always impinge every time on the national security affair.
Among the
bodies in the president’s executive office, the National Security Council (NSC) is the one that he has as his first
concern because it involves the security of the nation. Other executive offices
like the Ministry of Defence and the Ministries of Foreign and Internal Affairs
could be directly or partially involved. However, the clear constitutional authority vested
on the president on national security over other social and economic matters can
be used to enlarge the power and the composition of the National Security
Council. Although the president shares part of his authority with the National
Assembly which makes laws and appropriates votes for national security, he
exercises initiative, authority and leadership in matter of security and neither
the National Assembly nor any agency of the government can therefore initiate
or carry out national security programme without the president’s approval.
An Obasanjo as
president could be on top of national security matters because of a previous experience
as a General, former Head of State and Commander-in-Chief. A Yar’Adua could
also have an advantage of unsolicited and genuine advice on national security
from political interest and committed ex-security and service chiefs from his
geographical zone or region. But for a President Jonathan in an unstructured
and highly personalized ways of doing government business in Nigeria, he would probably
need more advice than what he could possibly get from most members of the established
executive and advisory bodies. He needs genuine advice and supports from
committed quarters both within and outside the present formal national security
structure, including the academia etc to contribute to the process of decision
making in the matter of the national security. Part 1(section 25j) of the Third
Schedule of the constitution surely empowers him to do that.
The National Security Council is one huge
committee of representatives of many agencies that could suffer from comparative
weaknesses like most other committees. The members sometimes may not always be free
to adopt the broad statesmanlike attitude desired by the president but might rather
depend on the views of their own departments. The result of their differences could
produce presidentially approved statements on national security that could be
imprecise or too broad to be applied for specific national problem. Sometimes
the agencies heads may have difficulties in understanding and implementing presidential
directives and they might take advantage of vaguely worded directives to do
whatever they wished with the president’s directives in their own peculiar
operational ways.
Some other times,
clear cut views and differences of opinions or recommendation of members of the
NSC could have difficulties in
emerging at council meetings; Agencies Heads therefore could tend to individually
bypass the council to seek the president’s ear. The result can create a
breakdown in staff work and coordination that could threaten to negate the
great potential value of the National Security Council. Should this happen, it
could indicate that the president would need help through legislation on matter
of national security. Recognition of these problems would therefore require a
study on the role and procedure of the National Security Council in state
security matters.
A peep into
the working system of the NSC would enable us to find out what is the knowledge behind the basis on which the quality
of the national security programme planning depends or runs; how does the NSC
and the president derive or generate information and intelligence about threats to national interest or security? What
are the process of collection, evaluation, analysis, integration, and
interpretation of intelligence information?
The knowledge
of all these would enable us to know if the process adopted by the NSC can
produce useful, credible, and reasonably accurate intelligence from the source. Knowledge of the process will also enable
us to know if the process is well coordinated and considered by decision makers
within the context of national values and objectives. Above all, we should know
if information about intelligence is properly disseminated to the end users that
need –to- know or to the state security forces to enable them to effectively interdict
or disrupt the agents of the threats and attacks at their planning stage and
not when they become operational.
Our national
security programme planning suffers from the absence of an Executive National Intelligence Agency in the national security structure
and this is a major factor in the national security policy. Here we rely on the
different opinions of intelligence derived from various security agencies which
generally are only relevant to their individual services and peculiar
operations. This negates the relevance of intelligence or their value to the
overall national security policy.
Doubts as to
the quality of our national intelligence were engendered by the examples of its
alleged failures to interdict or infiltrate the perpetrators at the planning
stages of the bombing attacks on the Bonga Offshore Oil Field, Atlas Cove
Onshore Fuel Depot Lagos, Mogadisu Army Barracks Abuja, the nation’s 50th
Independent Anniversary in Abuja, the Police Headquarters Abuja, incessant
bombings in Bauchi and Maidugri etc. even when there were signs and early warnings
of these attacks. While the validity of
the criticism might be disputed, the alleged weaknesses and failures in
intelligence called for closer scrutiny and supervision of the intelligence
community.
True, our armed
services and the police have organic intelligence, but their respective
intelligence is tailored and useful only for their individual and peculiar
services requirement and operations. The present Joint Intelligence Board (JIB)
process of intelligence gathering by the National Security Adviser is a
collection of biased and most times cloudy arguments of the various services,
which cannot provide the National Security Council all the facts needed to
sufficiently advise the President in making fair judgment or taking actionable
decisions. A professionally autonomous body would therefore be required to
coordinate and collate unbiased intelligence from the security agencies into a
cohesive actionable decisions and help the president in taking actionable decisions whenever it matter most.
Free nations
need intelligence today to assure
survival and studies have shown that intelligence
is as important as the armed strength of free nations. In this era of
pushbutton weapons, intelligence is more than ever before the first line of
defence. Intelligence therefore is an instrument of defence and of the national
security policy that must be subjected to effective and continuing higher
review and coordination. In which case, its collection, collation, evaluation
and analysis are jobs for professionals.
The golden rule in intelligence gathering is silence, because more can
be lost by saying too much, or too soon, than by saying very little. If public
statements have to be made at all, they must be made only in response to
overriding national interest and on the responsibility and under the control of
the high authority.
With the
current level of threats and violence coming from our homegrown terrorists, the
National Assembly and the President would need to do more than warning the criminals
at every attack. Government should first determine how effectively or
efficiently has it organised existing human and capital resources towards a
coherent pattern for the national security. Government should also review the
structure and the organisational capacity in the management and control of the
security agencies intelligence with a view to restructuring them into an
effective and efficient network on an executive platform for collaboration and
integration. The aim is to provide a coherent and cohesive intelligence support
for the decision making process in the National Security Council and for the
president to take actionable decision.
Secondly, government
should commence the review and amendments to executive policies, orders,
directives and procedures that govern national security classifications of
intelligence information in an effort to expand access to relevant information
for federal agencies outside the intelligence community, for states, local
authorities and the Nigeria public which are critical to the fight against homegrown
terrorists.
Thirdly, government
should begin the process of designing or amending the National Security Act to create
and sufficiently staff a statutory executive director of National Intelligence Agency as distinct from the National
Intelligence Agency in the Foreign Affairs Ministry and the non- executive
office of the National Security Adviser. The Director of the proposed National
Intelligence Agency should be the president’s principal adviser on intelligence
and should have the full arrangement of management, budgetary and personnel
responsibilities needed to make the entire national intelligence communities
operate as a coherent whole. No person however, should simultaneously serve as
the National Security Adviser and Director of National Intelligence Agency or
as the Director of any other specific intelligence or security agency,
A statutory
Executive Director of National Intelligence as distinct from the National
Security Adviser should coordinate intelligence from the executive agencies of
the Defence, SSS, Police, Border
Security(Customs and Immigration) Internal Affairs and Foreign Affairs
Ministries etc. This Directorate should collate, analyse and evaluate
information received from these intelligence community agencies and regularly disseminate
intelligence to the National Security Council and to the president.
Perhaps, it
could be argued by some that the Joint Intelligence Board chaired by the
National Security Adviser functions well as an intelligence community.
Unfortunately constitutionally, the Joint Intelligence Board as presently
constituted is not a statutory body and the National Security Adviser, though a
member of the National Security Council has an advisory role not an executive or
statutory power unlike the other members of the NSC.
It is
important to state finally, that all
the members of the Executive office of the president ie the Presidency, the Cabinet and the Federal Executive
Boards appointed by the President and approved by the Senate are only exercising
the power of the president in their official capacity and are therefore only
advisers in their relationship with him. They can only make recommendations to
the president and only him as the Chief Executive and Commander in Chief can
take decisions on national security and any other matters. He can not delegate Decisions
on national security matters in particular, to any agency, committee or
individual to make. The president can however delegate the execution of his
decisions on national security and other matters to the constitutionally
responsible agency, department or ministry. Even when he sits as the chairman
of any council meeting and indicates agreement with specific recommendation,
this does not become a decision or presidential order until the executive council
or NSC to be precise, present a final document to him and secures his written
and signed approval, before it can become a Government Policy, Presidential
Decision, Directive or Orders.



