Senior Lawyers decry abuses cloaked as security measures

The debate over Nigeria’s delicate balance between national security and the protection of citizens’ rights took centre stage at the recently concluded 2025 Nigerian Bar Association (NBA) Annual Conference in Enugu, where senior legal experts clashed over what many see as a growing trend of authoritarianism cloaked in the language of security.

Speaking at the conference, renowned constitutional lawyer and human rights activist, Prof. Mike Ozekhome (SAN), raised an alarm that the Nigerian government has, over time, hidden under the guise of national security to suppress fundamental human rights.

Ozekhome warned that unless urgent steps are taken, the judiciary, long regarded as the last hope of the common man, risks losing its independence and public trust.

Reacting to Ozekhome’s position, Mba Ukweni (SAN) backed the fiery constitutional lawyer, painting a grim picture of systemic abuse and arbitrary detention taking place across different levels of government.

According to him, what is happening in Nigeria today is a full-blown assault on the rule of law.

Ukweni, speaking passionately in an exclusive interview with the Nigerian Tribune, said Ozekhome’s concerns reflect a widespread reality that is playing out not just at the national level but also within state governments and even local government areas.

“Well, first and foremost, I agree with him wholly. I was present when he made the statement at our national conference in Enugu, and I can confirm that what he said is exactly what is happening on the ground,” the SAN stated.

The senior lawyer recounted disturbing instances of rights violations in his home state of Cross River, describing how government officials have weaponised security agencies to settle personal scores, punish perceived opponents, and silence dissent.

“In my state, we have a lot of violations of human rights. I’ve been so concerned that I had to reach out to my learned brother-silk, Femi Falana (SAN), to discuss setting up a branch of the Committee for the Defence of Human Rights (CDHR) in Calabar so we can have a proper platform to tackle these abuses,” Ukweni posited.

According to him, the abuse of state power has reached alarming levels, with government officials influencing magistrates to commit citizens to prison without trial, charges, or investigations.

“There is a particular magistrate who simply receives a list of names from government officials, and without any evidence or trial, he sends those individuals to prison.

“Some of these people spend five or six months behind bars without ever seeing a courtroom. This is completely illegal and unacceptable,” Ukweni revealed.

Ukweni narrated one particularly troubling case involving Dr Oscar Ofoka, a citizen who was detained unlawfully despite a High Court order mandating his release.

Shockingly, he said, top government officials, including the state security adviser and a senior police officer, allegedly refused to comply with the court ruling.

“I had to take alternative measures to secure his release. But rather than face consequences, these officials dared to file a petition against me to the NBA,” Ukweni said.

He disclosed that the NBA President at the time condemned the action as “a big shame” to law enforcement and public officials who openly defy court orders.

“This level of impunity undermines the entire justice system,” Ukweni warned.

“It sends a message that government officials are above the law and that the judiciary is powerless to protect ordinary citizens,” he suggested.

The SAN revealed that he currently has three judgments against the Secretary to the State Government and the State Security Adviser, over repeated human rights abuses.

“I’ve enforced one of the judgments already and am in the process of enforcing the others,” he said.

When the state’s Attorney General attempted to intervene in one of the cases, Ukweni refused, insisting that he wanted to hold the individuals personally accountable rather than have the government shield them under the guise of official policy.

The SAN issued a stark warning about the broader implications of these abuses for the Nigerian judiciary, saying the institution’s credibility is at stake.

“This portends great danger to the judiciary. The judiciary is supposed to be the last hope of the common man.

“But if citizens can no longer trust the courts to protect their rights, then the judiciary is doomed,” Ukweni declared gravely.

He stressed that when decisions about citizens’ freedom are determined by the whims of those in power rather than impartial judges, democracy itself is in peril.

“I once complained to the state Chief Judge about a magistrate who was detaining people illegally.

“While the Chief Judge eventually ordered their release, the magistrate arrogantly told me that nothing would happen to him because he was acting on the government’s instructions. This is how deep the rot has become,” Ukweni recounted.

To combat this trend, Ukweni said he is working with like-minded lawyers and human rights defenders to establish a stronger presence of watchdog organisations like the CDHR in Cross River State and other parts of the country.

“The situation has become so prevalent that we need dedicated structures to fight it. With an office of the CDHR in Calabar, we can provide legal aid to victims, monitor abuses, and challenge unlawful detentions in court,” he said.

He emphasised that the fight is not just about protecting individual rights, but also about defending Nigeria’s fragile democracy.

“If the judiciary collapses, if people lose faith in the courts, then we are heading toward anarchy. That is why this struggle is so critical,” Ukweni warned.

He stated further that, “When the government itself becomes the violator of rights, and the judiciary is unable to protect the people, then democracy itself is on life support.”

While Ozekhome and Ukweni took a hardline stance against what they described as the weaponisation of national security, Dr Fassy Yusuf, another respected lawyer and academic, offered a more nuanced perspective.

Yusuf, who teaches mass media and national security law, argued that the very concept of national security is inherently subjective and open to interpretation.

“National security is a very fluid concept. It is essentially what those in power say it is. This is not unique to Nigeria; even in the United States, actions are often justified in the name of national security, while others see those same actions as violations of liberty,” he explained.

According to Yusuf, the lack of a clear, universally accepted definition of national security creates room for both necessary protective actions and potential abuses.

“We must first agree on what exactly we mean by national security. Without that, it will always be subject to the whims and caprices of those in government,” he said.

The senior lawyer acknowledged that while citizens’ freedoms are essential, they are not absolute, and must be balanced against the state’s responsibility to protect the collective good.

“Liberty and freedom come with corresponding responsibilities. The challenge is finding the right balance so that neither security nor freedom is sacrificed unnecessarily,” Yusuf emphasised.

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