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. <\/p>\n\n\n\n
The bill seeks to provide a framework\nfor the appointment of staff of the Office of the National Security Adviser (NSA), and retention of\nquality and skilled manpower for institutional memory and effective performance\nof the responsibilities of the Office of the National Security Adviser . <\/p>\n\n\n\n
The bill empowers the NSA to determine the terms\nand conditions for the staff, including their remuneration, allowances\nand benefits, as well as to request\nsecondment of staff from relevant security, intelligentce and law enforcement agencies and the\nPublic Service of the Federation.\nCurrently, the staff in the Office of the NSA are seconded from security and\nenforcement agencies. According to the bill, the staff of the Office shall be\nentitled to pension, gratuity and other retirement benefits, which shall be \u2018in\nline with conditions not less favourable than prescribed in the National\nIntelligence Agency Pensions (Establishment) Act, 2017.\u2019 Furthermore, the bill empowers the NSA to\nmake staff regulations relating to the conditions of service, appointment,\npromotion, posting, training and disciplinary control. <\/p>\n\n\n\n
The Office of the NSA is not expressly established\nin the Constitution or any Statute. The National Security Adviser is mentioned\nin Paragraph 25, Item K, Part 1 of the Third Schedule to the Nigerian\nConstitution as a member of the National Security Council, and section 4 of the\nNational Securities Agencies Act provides for the appointment of a Coordinator\non National Security as a principal staff officer in the office of the\nPresident for the purpose of coordinating intelligence activities of the\nNational Security Agencies. <\/p>\n\n\n\n
Over the years, several laws have emerged,\nwhich assign functions and responsibilities to the Office of the NSA. In\nsection 4 of the Terrorism (Prevention and Prohibition) Act, 2022, the NSA is assigned\nfunctions such as formulation of policies for implementation of counter-terrorism\nand terrorism financing efforts, formulation and implementation of a\ncounter-terrorism strategy in Nigeria, and establishment of a National Counter\nTerrorism Centre, among other functions. The Act in section 6, establishes the\nNational Counter Terrorism Centre in the Office of the NSA. In a similar\nmanner, the National Centre for the Control of Small Arms and Light Weapons\nalso functions under the Office of the NSA, which is contrary to the ECOWAS\nConvention on Small Arms and Light Weapons, their Ammunition and other related\nmatters, which calls for the establishment of a National Commission for the\ncontrol of small arms that is independent in its operations and funding. <\/p>\n\n\n\n
In the Cybercrimes Act 2015, the Office of the\nNSA was saddled with the responsibility of keeping proper records of accounts\nof the National Cybersecurity Fund in the principal Act (section 44). However,\nan amendment to the Act has empowered the Office of the NSA to administer the\nFund, in addition to keeping proper records of account for the Fund. <\/p>\n\n\n\n
The objective of the National Security Adviser\n(Appointment of Staff, Etc) is to give the NSA powers in terms of staffing but\ndoes not establish the Office of the NSA as an agency. The Office has continued\nto acquire additional powers and functions without being an established body,\nwhich begs the question of the legality of some of these powers and functions\nbestowed on it. The Office of the NSA appears to be emerging through executive\naction and administrative arrangements. <\/p>\n\n\n\n