CIVIL-MILITARY RELATIONS IN NIGERIA: THE CASE OF PARLIAMENTARY OVERSIGHT OF THE DEFENCE SECTOR-1999 TO 2004
ABSTRACT
In this study, we examined Civil-Military Relations in Nigeria within the context of the phenomenon of Parliamentary Oversight of the Defence Sector within the first trench of the forth Republic. The study establishes the importance of democracy as a theory that empowers the ruled to determine the nature of operation of  their government and participate directly or indirectly in the running of the government. It also stresses the importance of the concepts of Separation of  Powers and  Checks and Balances to explain the relevance of Parliamentary Oversight.
In addressing the main problem leading to the study, we are concerned with the existence of a powerful military, which in the immediate past, had total control over the machinery of government, now subjecting itself to  near total Parliamentary control. We are  also  concerned  about the workability of getting the Parliament to effectively oversee the defence sector in terms of its Authority and Ability as well as the right Attitude by individual members of Parliament.
In view of the nature of the topic, our main methodology is the conduct of elite interviews. Here we set up questions that were responded to by our target  persons,  mostly  Members  of  Parliament  (especially  Committee Chairmen), staff of Parliament, staff of the Ministry of Defence as well as
any other person deemed to be involved in the area under focus. The Author however also used secondary data to complement the Interviews conducted.
Findings
In terms of reforms in the defence sector, this research has revealed that present reforms are based on Re-positioning and Re-professionalising the armed forces. Re-Positioning is meant to ensure the modernisation of the forces and  also lead  to the acquisition of skills through training.  Re- professionalisation  on  the  other  hand  is  aimed  at  addressing  role orientation by impressing on the military the need to concentrate on its constitutional  role  as  the  defender  of  the  territorial  integrity  of  the country.  It  is  however  important  to  point  out  that  the  desire  for  the military to attain a compact force has remained a mirage considering that it is yet to demobilise since the commencement of the reform process.
The study used as a tool of analysis Authority, Ability and Attitude, to examine the issues associated with the topic. By Authority we refer to the legal and constitutional provisions for oversight. By Ability we refer to the technical, human and financial resources available to Members of Parliament to conduct oversight. By Attitude we refer to the political will and motivation that enables Members of Parliament conduct oversight.
We found out that the Constitution of the Federal Republic of Nigeria, 1999 has made significant provisions empowering Parliament to conduct oversight. These provisions are however not exhaustive. We also found out  that  Members  of  Parliament  and  their  staff,  particularly  those servicing the committees, donot have adequate facilities to work. The staff are mostly civil servants who have not received any special training to assist the various Defence Committees. In addition, the committees donot  have  befitting  secretariats  with  adequate  facilities,  while  from 2003,   Standing   Committees   ceased to   have   independent   budgets. Furthermore, we found out that Members of Parliament lack the right attitude to conduct oversight and are in most cases influenced by their selfish desires towards getting material benefits.
Thus there are several challenges facing Parliamentary Oversight of the Defence Sector in Nigeria, which therefore led to this Author drawing the conclusion  that  there  is  no  effective  Parliamentary  Oversight  of  the Defence Sector in Nigeria. For although there is significant authority, there is poor ability and the attitude of Members of Parliament remains negative.
The study therefore recommends the amendment of the constitution to provide more authority to Members of Parliament to effectively oversight
the sector. It also recommends the provisions of all human, material and technical resources to enable parliament and Parliamentary Committees work more effectively. The study also recommends significant increase in the remuneration for Members of Parliament to enable them meet their material  needs  and  hence  improve  their  attitude  towards  effective oversight.
CHAPTER ONE
INTRODUCTION
1.1 Background to the Study
The emergence of democracy the world over and the internationalisation of the concept as the standard of conducting the act of governance imply that Africa and indeed Nigeria cannot be exceptions. Since Independence, most African States have not had stable governments. The experience of military incursions and authoritarian one party regimes, sustained by the mere strength of the barrel of the gun, have made the military forces of most African states less professional and more political. This therefore contributed towards the emergence of poor security sector governance and deteriorating civil-military relations. As a follow up to the recent establishment of democratic governments around Africa, the need for an improvement  in   civil-military   relations   and   proper  security   sector governance have become even more imperative for the proper sustenance of democracy. It is within this standpoint that this study becomes relevant and timely.
The term security sector reform is referred to as a total reorientation away from   the   cold   war   structures   of   the   armed   forces   and   defence establishments through reorganisation, restructuring and downsizing in
order to meet the demands of the new security environment (Eekelen, 2003). In Africa however, as a result of differences in past experience, security  sector  reform  may  mean  the  restructuring,  reorientation  and reorganisation of the armed and security forces for the purpose of meeting the challenges of the new and prevailing democratic environment. Prior to the advent of democracy, most African States had to contend with over bloated military forces, which absorbed a large percentage of their scarce resources. There was also the absence of an environment conducive for setting proper and realistic limits to the activities of the military in its relations  with  the  civil  populace,  hence  the  existence  of  poor  civil- military  relations.  Furthermore,  there  was  the  absence  of  civilians, familiar with the sector to work together with the military. The military remained unused and unresponsive to political influence and supervision, whether by civil servants or parliamentarians (Eekelen, 2003). Security Sector Reform therefore entails the re –professionalisation of the armed and  security forces and creating a role for them within  a democratic setting.  Of  significant  importance  also  is  the  need  to  make  them accountable to the electorates for all their actions through civil control. Consequently, the democratic control of the defence sector falls within the overall ambit of the security sector reform programme, which modern day democracy preaches.
The uniqueness of the defence sector is such that the Executive branch of Government regards it as its own exclusive purview, just like the security agents  themselves  feel  that  their  loyalty  goes  to  the  Executive.  This therefore implies that tension between the two arms of Government over the  effective  supervision  of  the  defence  sector  is  inevitable  in  most countries. On the one hand, there is the need to ensure effective action by the  executive  in  the  activities  of  the  sector,  while  at  the  same  time balancing  the  democratic  ideals  of  ensuring  perfect  checks  by  the legislature.  Defence  makes  the  establishment  of  such  balance  more difficult because of certain reasons (as cited in Lunn, 2003) viz:
a.  Defence generally concerns the security of an entire Country and involves a decision to commit lives of people and enormous scarce resources.  Thus  decisions  of  this  nature  must  enjoy  popular support.
b.  Also, defence involves the maintenance of Armed Forces, who are a special group, in view of the fact that they possess weapons and armament.  The  military  therefore  is  a  group  that  can  make  a difference between life and death. Its loyalty is essential for any government hence the need to maintain constant contact with it by the various arms of Government.
* PHD POL. SCI.