The Interaction between Human Rights and National Security in Nigeria (Published)
Observance of human rights is a cardinal principle for the survival of any democratic society just as ensuring national security is a vital interest for any nation. Nigeria has been under an unbroken democratic governance since 1999 and democracy can hardly exist in its real sense anywhere without the observance of human rights. This topic became of interest in Nigeria because of the problem of insecurity that got to a very high level. The security challenges are obviously enormous and very disturbing. These challenges are in form of terrorism, insurgency, banditry and kidnapping among others. In the midst of these challenges that threaten the very existence of the country, perpetrated mainly by non-state actors, some people feel that human rights should be relegated to the background in order to effectively deal with the security challenges. That is the research problem. It is however pertinent to note that without the observance of human rights, and rule of law generally, it will be difficult to ensure national security. Doctrinal and teleological research methods were used in this work. Doctrinal method through the use of the relevant Nigerian laws. Teleological method was used in terms of the experience of the researcher as a practicing lawyer that has handled some human rights cases in Nigerian courts. The paper found that Nigerian laws made enough provisions for both the respect for human rights and for ensuring national security which only need to be implemented fully and to allow the courts to decide the way forward when there is a conflict between human rights and national security.
Keywords: Administration of Criminal Justice Act, Constitution, Dokubo-Asari, Federal Republic of Nigeria, Human Rights, National Security, Terrorism Prevention Amendment Act.