RULE OF LAW, HUMAN RIGHTS, AND NATIONAL SECURITY: AN OVERVIEW OF THE NIGERIAN PERSPECTIVE

Abstract

The relationship between the rule of law, human rights, and national security is a complex and often contentious issue, particularly in Nigeria, where political instability, insurgency, and terrorism have posed significant challenges to governance and security. The interplay between the rule of law, human rights, and national security is a critical aspect of governance in Nigeria. While the rule of law ensures justice, fairness, and accountability, human rights provide individuals with fundamental freedoms and dignity. National security, on the other hand, seeks to maintain stability and protect citizens from internal and external threats. However, in Nigeria, these three elements often clash, especially in times of security crises and governance challenges. This article explores their intersection, the challenges faced, and possible solutions for balancing national security with respect for human rights and adherence to the rule of law while exploring the delicate balance between safeguarding national security and protecting human rights within the Nigerian context. It examines how the rule of law acts as a foundation for ensuring justice, accountability, and protection of individual rights, while also addressing the role of national security in maintaining state sovereignty and public order. The Nigerian government's approach to security, especially in the fight against Boko Haram, herder-farmer conflicts, and other insurgent groups, has led to human rights violations, including arbitrary arrests, torture, and extrajudicial killings. These tensions have raised critical questions about the legitimacy of state actions and the need for legal frameworks that respect constitutional rights while ensuring effective national security strategies. By analyzing legal instruments such as the Nigerian Constitution, international human rights laws, and national security policies, the paper assesses how Nigeria can strike an equilibrium between these two often conflicting priorities. It also reflects on the role of civil society, international actors, and legal reforms in promoting a system where the rule of law and human rights are upheld even amidst national security concerns.