A bill to provide a framework for the National Security Adviser to appoint staff in his office, is currently under consideration in the National Assembly. The National Security Adviser (Appointment of staff, Etc), sponsored by Senator Shehu Buba (Bauchi; APC) is reported to have passed Second Reading in the Senate last year and awaiting further legislative action. Under the process of passage of bills in the National assembly, a bill that passes Second Reading will normally be scheduled for public hearing. During public hearing, stakeholders will be invited to make input on the bill before it goes back for further legislative action, including presentation of report, Third Reading and passage.
The bill seeks to provide a framework for the appointment of staff of the Office of the National Security Adviser (NSA), and retention of quality and skilled manpower for institutional memory and effective performance of the responsibilities of the Office of the National Security Adviser .
The bill empowers the NSA to determine the terms and conditions for the staff, including their remuneration, allowances and benefits, as well as to request secondment of staff from relevant security, intelligentce and law enforcement agencies and the Public Service of the Federation. Currently, the staff in the Office of the NSA are seconded from security and enforcement agencies. According to the bill, the staff of the Office shall be entitled to pension, gratuity and other retirement benefits, which shall be ‘in line with conditions not less favourable than prescribed in the National Intelligence Agency Pensions (Establishment) Act, 2017.’ Furthermore, the bill empowers the NSA to make staff regulations relating to the conditions of service, appointment, promotion, posting, training and disciplinary control.
The Office of the NSA is not expressly established in the Constitution or any Statute. The National Security Adviser is mentioned in Paragraph 25, Item K, Part 1 of the Third Schedule to the Nigerian Constitution as a member of the National Security Council, and section 4 of the National Securities Agencies Act provides for the appointment of a Coordinator on National Security as a principal staff officer in the office of the President for the purpose of coordinating intelligence activities of the National Security Agencies.
Over the years, several laws have emerged, which assign functions and responsibilities to the Office of the NSA. In section 4 of the Terrorism (Prevention and Prohibition) Act, 2022, the NSA is assigned functions such as formulation of policies for implementation of counter-terrorism and terrorism financing efforts, formulation and implementation of a counter-terrorism strategy in Nigeria, and establishment of a National Counter Terrorism Centre, among other functions. The Act in section 6, establishes the National Counter Terrorism Centre in the Office of the NSA. In a similar manner, the National Centre for the Control of Small Arms and Light Weapons also functions under the Office of the NSA, which is contrary to the ECOWAS Convention on Small Arms and Light Weapons, their Ammunition and other related matters, which calls for the establishment of a National Commission for the control of small arms that is independent in its operations and funding.
In the Cybercrimes Act 2015, the Office of the NSA was saddled with the responsibility of keeping proper records of accounts of the National Cybersecurity Fund in the principal Act (section 44). However, an amendment to the Act has empowered the Office of the NSA to administer the Fund, in addition to keeping proper records of account for the Fund.
The objective of the National Security Adviser (Appointment of Staff, Etc) is to give the NSA powers in terms of staffing but does not establish the Office of the NSA as an agency. The Office has continued to acquire additional powers and functions without being an established body, which begs the question of the legality of some of these powers and functions bestowed on it. The Office of the NSA appears to be emerging through executive action and administrative arrangements.
See the National Security Adviser (Appointment of Staff, Etc) Bill, 2023 here >>>