Examination of the role of the judiciary in national security

Abstract

National security issues are in the front burner with the contemporary situation that we find ourselves. Several things and organisations or groups are contending with the security of people all over the globe. In Nigeria for example, the issue of bandits, kidnappers, boko haram etc has been a challenge to national security, even though the government has refused and or is not handling the situation to the satisfaction of the majority of the people. The CFRN, 1999 empowers the president to deploy members of the armed forces on a limited combat duty before informing the legislature and one expects this to happen especially in fighting the boko haram attack on innocent citizens of Nigeria but the situation is the reverse. The paper using the doctrinal research method examined the role of the third arm of government, the judiciary on how it can help in curbing insecurity. This work found that some jurisdictions like America had experienced how the judiciary has played a significant role in issues of security but states like Nigeria has not; though it is not something one should covet. We concluded and recommend that in emergency situations the judiciary should weigh the pros and cons of the situation at hand and do the needful in the interest of the safety of the citizens who elected the executive and legislature and by the way who indirectly appointed the judicial officers. We also recommend that all arms of government and indeed all citizens should practice and obey the rule of law.