NIGERIA’S SECURITY AGENCIES AND THE UNLAWFUL USE OF FORCE: STATUTORY IMPERATIVE FOR A NEW ORDER

Abstract

Naturally following the unavoidable need and existence of law is the need for the machinery to enforce the law; and inextricably tied to the enforcement of law by those so designated is the use of force. Amidst this twist, the controversy lies in the actual measure of force to be used in any instance of law enforcement. This study therefore ventured into determining the common place thereof. In so doing, it adopted the doctrinal methodology by critically considering both primary and secondary sources on the subject, whereof it was noted that whilst there are no shortage of laws creating and enabling the various law enforcement agents with their prescribed line of duties, there is an abysmal dearth of measure, standard or guide for the use of the power conferred on the various agencies especially as it relates to the use of force. This is directly opposed to what is obtainable internationally as specifically highlighted in some referenced jurisdictions. It is therefore strongly recommended that the extant legal framework be reviewed to provide for rules on the use of force and acts incidental thereto, especially for government to assume responsibility to provide critical hardware to avert the avoidable resort to the unlawful use of force.