CHAPTER TWO

CONCEPTUAL CLARIFICATION OF KEY TERMS

2.1 Introduction

This chapter explains some key terms and phrases commonly used in this

thesis. This is done in the light of their contextual meanings. The attempt is made

for two reasons, namely, to enable the readers of this work have an easy grasp of

the subject matter of discourse without the distraction of looking up the terms used

in this research elsewhere and to enable readers have beforehand, the functional

meanings of the key terms used in this work. The key terms given functional

definitions and explanations are; the concept of crime, the concept of security, the

concept of public security services, the concept of private security services, the

concept of peace, the concept of law and order, the concept of terrorism, the

concept of riot and revolt, the concept of civil disorder, the concept of ethnic

militia, the concept of chemical poison and poisoning, the concept of industrial

espionage, the concept of oil spillage, the concept of vandalism, the concept of

strike, the concept of religious unrest and the concept of fraud.

2.2 The Concept of Crime

 Crime is an act that the law makes punishable; the breach of a legal duty

treated as the subject matter of a criminal proceeding.1In Nigeria, it is not enough

to proscribe an act without providing punishment for it. For any act to amount to a

crime such act must be defined in a written law and the penalty therefore

prescribed in a written law.2 Some acts may amount to crime in some jurisdictions

but may not be so in some other jurisdictions. The reason is that unless and until an

act is proscribed and punishments for same provided in a written law such act

cannot be a crime. Written law here could be an Act of the National Assembly or a

Law of a State, any subsidiary legislation or instrument under the provisions of a

law.3 It follows therefore that there is no place for customary criminal law or

unwritten criminal law. Section 3(2) of Penal Code4 also says no person shall be

liable to punishment under any customary law.

Also, except for strict liability offences, there must be the coexistence of the

intention (mens rea) and the commission of the prohibited act (actus reus ) for any

act to constitute a crime. The Supreme Court in Abeke v. State5 explained the

meaning of strict liability, mens rea , actus reus and the inter-relationship of same

in determining criminal liability as thus:

1
Garner, B.A (2004) Black’s Law Dictionary, West Publishing Company, U.S.A, P. 399
2
Section 36(12) of the Constitution of the Federal Republic of Nigeria, 1999( as amended)
3
Ibid
4
Penal Code(Northern States) Federal Provisions Act, Cap P3, L.F.N., 2004.
5
(2007) All FWLR (Pt. 366)644, 648, 649
 Put in common parlance, mens rea means a guilty mind and actus reus

means a guilty act. In cases of strict liability, mens rea comes before actus

reus. In other words the accused develops the guilty mind before the guilty

act. Put in another language, the guilty mind instigate the guilty act or flows

into the guilty act. The period of time between the two cannot be determined

in vacuo but in relationship to the factual situation in each case dictated by

the state of criminality of the case at the material time. There are instances

where the mens rea is automatically followed by the actus reus. The above

element of proximity apart, there could be instances of spontaneity too.

Strict liability crime is a crime that does not require a mens rea element, such as

traffic offences.6Strict liability crimes are specifically provided by the legislation

creating the offences and what is required of the prosecution is to establish that

there was commission of the prohibited act. The court in the case of Yakubu v.

Federal Republic of Nigeria7 inter alia said “offences of strict liability …are

defined as unlawful acts whose elements do not contain the need for intent or mens

rea .Thus in such offence it is enough for the prosecution to prove the actus

reus,...”

6
Garner, B.A, op cit at page 400.
7
(2009) All FWLR(Pt.498)387,394
 From the foregoing, it suffices to say that wherever the word ‘crime’ is

mentioned in this thesis, it refers to any act proscribed and defined in a written law

with penalty therefore prescribed in a written law.

2.3 The Concept of Security

There is no definition for the term ‘security’ in Nigeria Security and Civil

Defence Corps Act.8 Black’s Law Dictionary defines the term as the state of being

secure especially from danger or attack.9 The word security emanated from the

Greek word se-cura, meaning to be in a state of no fear.10 The concept of security

however, keeps changing from its original meaning.11 Security is the protection of

lives and property. Security is the degree of protection against danger, damage,

loss, and criminal activity.12 Akpuru-Aja13 is of the view that system maintenance

against anarchy or lawlessness is an index of peace and security. He maintained

that maintaining that system could be a community, a state, a nation or the world at

large.14

It is therefore necessary in this thesis to say that the word security is

construed as a state where lives and property are safe and protected without any

8
Nigeria Security and Civil Defence Act, N0. 2, 2003 (as amended)
9
Op cit at page 1384
10
Adegoke, N. (2008) Legal and Social Framework of Private Security Services in Nigeria, NOUN, Lagos. P.13
11
Ibid
12
Ibid
13
Akpuru-Aja, A (2007) Basic Concepts, Issues and Challenges of Peace and Conflict Resolution; Nigeria-Africa Case
Studies, Keny and Brother, Enugu.
14
Ibid
illegal interference. This is because the law may prescribe the penalty of forfeiting

certain property to government in the event of a particular act of omission or

commission. Moveable property or any interest in an immovable property can be

taken possession of compulsorily provided it is in the manner and for the purposes

prescribed by law.15 For example section 12 of Terrorism (Prevention) Act (as

amended)16 provides that The National Security Adviser or the Inspector General

of Police with the approval of the President may seize any cash where he has

reasonable grounds to suspect that the cash is intended to be used for the purposes

of terrorism; belongs to, or is held on trust for a proscribed organization; or

represents property obtained through acts of terrorism. Also in Nigerian criminal

law, there can be death sentence passed for committing any act punishable with

death.17 Another area is that a person not be regarded as having been deprived of

his constitutionally guaranteed life if he dies as a result of the use to such extent

and in such circumstances as are permitted by law of such force as is reasonably

necessary for the defence of any person from unlawful violence or for the defence

of property, or in order to effect a lawful arrest or to prevent the escape of a person

15
See section 44 of the Constitution of the Federal Republic of Nigeria op cit
16
Terrorism (Prevention) Act, No. 10, 2011(as amended)
17
See for example section 221 of Penal Code(Northern States) Federal Provisions Act, op cit
See also, Yaki v. State(2008) All FWLR, 440 , PP. 618-656, wherein the appellant’s conviction for culpable homicide
punishable with death was affirmed by the Supreme Court. When one’s life can be legally taken were also
extensively discussed in Obudu v. State(1991)6NWLR(Pt.198) 433, Ogba v. State (1992)2NWLR(Pt.222)164, Daniels
v. State(1991)8NWLR(Pt.212)715, Gira v. State(1996)4NWLR(Pt.443)375, Nwaeze v. State(1996)2NWLR(Pt.428)1
lawfully detained or for the purpose of suppressing a riot, insurrection or mutiny. 18

In these two instances there are legal interferences with lives and property but in

the interest of public security. Personal insecurity by perpetrators of crime as a

result of illegal acts committed is not within the meaning of insecurity

contemplated in this research. In fact forfeiture or death sentence in the

circumstance rather guarantees public security.

2.4 The Concept of Public Security Services

Public security is different from private security in some ways. Perhaps

distinguishing the two concepts will help to understand each of the two concepts

better. Unlike public security, private security is provided to clients for a fee or an

organization trying to secure its territory and except in special circumstances, has

its jurisdiction limited to the property owned by the client or its territory.19 Public

security is primarily provided to protect the interest of the public.20 It has been

observed that, traditionally, the laws in Nigeria have recognized these differences

and have not extended the same powers of detention, arrest, search and seizure to

private security personnel the way public security personnel are given enormous

powers with wide coverage in these regards.21

18
See section 33(2) of the Constitution of the Federal Republic of Nigeria opcit
19
Adegoke, N. op cit
20
Ibid
21
Ibid
 Therefore, public security services are security services rendered by

government security personnel for the benefit of the public and these services are

not limited within a particular organization or institution but their powers traverse

the entire country or entire state.

2.5 The Concept of Private Security Services

There is no universal agreement on the definition of private security,

although several attempts have been made to give acceptable definitions.22 Private

security has been observed to include those self-employed individuals and

privately funded business entities and organizations providing security-related

services to specific clientele for a fee, for the individual or entity that retains or

employs them, or for themselves, in order to protect their persons, private property

or interests from varied hazards.23 Private security is provided to protect the

interests of client or self interest.24 It is argued that the profit motive is the basic

element of private security25. Profit motive may however not necessarily be the

general motive for private security operation. Profit may be the general motive for

floating a security company for the purpose of providing services to organisations,

institutions, establishments, associations or even private individuals for a fee, but

this position may not be true when private security services are established by

22
Ibid
23
Ibid
24
Ibid
25
Ibid
institutions, organisations, establishments, associations, or individuals to secure

and protect their territories or private interests. For example, Ahmadu Bello

University Security Unit is a good example of security outfit that renders private

security services, that is, security services only for Ahmadu Bello University

Community, but profit maximization cannot be said to be the motive for setting up

the said unit even though in the long run, the security or otherwise of the institution

may have some economic implications on the university. Private security includes

measures taken by individuals, partnerships and corporations designed to protect

their many and varied interests. Generally speaking, these measures involve the

protection of property (such as the things produced by the client and the facilities

and equipment used in its production), personnel (including both the people that

work on the site and members of the public having access to it), and information

about the products, property, facilities, process and so on.26 Private security can

also be divided into contract and proprietary services.27 Proprietary security

operations are those that are “in-house” or controlled entirely by the company

establishing security for its operations.28 Some state corporations or federal

government corporations may operate private security services to protect their

interest. For example, Ahmadu Bello University Security Unit is a good example

26
Ibid
27
Ibid
28
Ibid
of security unit for proprietary security operations and falls under private security.

Some private establishments may also have their own in-house security outfits to

protect their private interests. Contract security services, on the other hand, are

those operations provided by a professional security company that contracts its

services to a company or any client.29 Banks and other organisations enter into

agreements with the private security companies to provide specific security

services.30

From the foregoing, it is safely posited in this thesis that private security

therefore means the security services provided by private security companies that

contract their services out under a contract and also includes in-house security

outfits of establishments, organisations, institutions, associations with the primary

purpose of protecting their territories and private interests.

2.6 The Concept of Peace

Firstly, there is the old idea of peace as a synonym for stability and

equilibrium.31 This conception of peace also refers to the internal state of a human

being, the person who is at peace with himself.32 It also covers the ‘law and order’

concept, in other words the idea for a predictable social order even if this order is

29
Ibid
30
Ibid
31
Galtung, J. Theories of Peace: A Synthetic Approach to Peace Thinking. A Paper Presented at the Conference
Organised by International Research Institute, held at Oslo, September, 1967
32
Ibid
brought about by means of force or the threat of force.33 The remaining two

definitions of peace are ‘negative and positive peace’.34 Negative peace as a

concept focuses on reducing/ ending war and all physical violence.35 Positive peace

requires the amelioration of all structural and systematic obstacles to peace and

thus the creation of true peace.36 In addressing the need for justice, equity,

democracy, and an end to structural violence, positive peace takes concern beyond

the end of war and physical violence.37 One way to conceptualise the terms

negative peace and positive peace is by considering a drinking glass.38 In society

today, the glass is full of violence and war. Removing these forms of violence

empties the glass and thus, creating a negative amount of violence therefore it is

termed negative peace, meaning something has been taken away.39 Now when the

glass is filled with justice and equality and other values, beliefs and practices that

counteract structural violence, a state of positive peace is reached. In other words,

we have filled the glass with true peace.40Positive peace requires global justice

since changes in global society and economic systems are seen as the necessary

preconditions for authentic world peace.

33
Ibid
34
Defining Violence-Defining Peace, Retrieved April 26, 2016 at about 12:58pm from
https://www.sunypress.edu/pdf/61489.pdf
35
Ibid
36
Ibid
37
Ibid
38
Ibid
39
Ibid
40
Ibid
 From the foregoing, the conceptual definition of peace in this thesis is that

peace is the product of reducing/ ending war or physical violence in a society and

also includes the effect of a just, equitable, democratic, law abiding society with

values, practices and beliefs that counteract violence.

2.7 The Concept of Law and Order

The phrase, ‘law and order’ is better understood first by explaining the two

central words: ‘law’ and ‘order’ separately before a clear view of the phrase comes

to light. The two central words are considered in turn.

There are many definitions of law.41 In fact law is incapable of a precise

definition. This work adopts Austin’s definition of law which says law is the

command of the sovereign backed by sanction.42 This is because law as seen in

this research is the criminal law which proscribes certain acts for the good of all.

The commands here in the context of Nigeria are our penal laws and the sovereign

for the entire country in Nigeria is the federal government. At the state levels, the

sovereigns are the state governments while local governments are the sovereigns at

the local government levels in the event of bye-laws made.

41
See Hart, H.L.A., (1961 ) Concept of Law, Oxford University Press, Oxford wherein the author posits that we all
see law in different light and that the light is usually so bright that we are blinded to the remainder and
consequently, we are left without a clear view of the whole.
42
Austin, J (1975) The Province of Jurisprudence Determined, Dickenson Publishing Inc., California.
 The word ‘order’ can be viewed in different ways. It can simply mean

a command, direction or instruction.43 It also means a written direction or

command delivered by a court or judge.44 The former definition presupposes a

situation where constituted authorities especially governments as a result of their

legal mandates may give certain directions, commands or instructions which must

be obeyed by citizens or residents within the said territorial jurisdictions while the

latter definition presupposes a situation where the court of law in the discharge of

its judicial functions, gives commands, directions or instructions to parties and

these commands , instructions or directions must be obeyed. Order of court also

includes order for remand or imprisonment in criminal matters. Even in civil

matters orders of court may include imprisonment or detention where contempt of

court is established. When commands, directions or instructions by constituted

authorities are not obeyed or kept, sanctions will in most cases inevitably follow.

Order has also been defined to mean a situation in which rules are obeyed and

authority is respected.45 Here when there is breakdown of order security agents can

be called to restore order.

43
Garner, B.A (2004) Black’s Law Dictionary, op cit at pages 1129
44
Ibid
45
.Pearson,L. (2005) Longman Dictionary of Contemporary English, 4th Edition, Pearson Education Ltd, London,
P.1160
 It would be nice to live in a world of law and order without the institutions

of law and order.46 However it is practically impossible to live in a world of law

and order without the institutions of law and order, because human beings by their

nature need the instrumentality of law enforcement for a world of law and order.

Law and order means the body of rules whether formally enacted or customary

which a community recognises as binding on its members, and the ordering,

management or regulation according to those rules.47 Law and order has been

defined as a situation in which the laws of a country are being obeyed, especially

when law enforcement agents are used to make certain of this.48 It is seen as the

orderly arrangement of society in which people follow laws and are not disruptive

and when there is strict enforcement of laws.49 It has been observed that when

there is law and order in a country, the laws are generally accepted and obeyed so

that society functions normally.50

Law and order is also seen as strict control of crime and repression of

violence sometimes involving the possible restriction of civil rights.51 Law and

order also means state of society where a vast majority of population respects the

rule of law and where the law enforcement agencies observe laws that limit their

46
Dahrendorf, R(1985)Law and Order, Stevens & Sons Ltd, London,pp.1-200
47
Wiseman, D.J (1973) Law and Order in Old Testament Times, Vox Evangelica, 8. Pp 5-21
48
Dictionary.cambridge.org/us/dictionary/English/law-and-order. Accessed on the 19th day of June, 2016 at about
4:31pm
49
www.the freedictionary.com/law-and-order. Accessed on the 19th day of June, 2016 at about 4:43pm
50
Dictionary.reverso.net/…glish-cobuild/lawandorder. Accessed on the 19th day of 2016 at about 4;40pm
51
www.dictionary.com/browse/laws-and -order. Accessed on the 19th day of June, 2016 at about 4:48pm
powers.52 Maintaining law and order implies firm dealing with occurrence of crime

and rapid enforcement of penalties under criminal law.53

To mention but one example, force may be used against civilians only as a

last resort after non-violent means have proved unsuccessful in maintaining law

and order.54 No government governs by repression alone, precisely because this

renders governance unstable, expensive and unacceptable. Consequently rulers

also enforce compliance, law and order by means of persuasion, indoctrination and

incorporation of diverse interests into public crime control and law enforcement

policies.55 Law and order services include the services provided by law

enforcement agencies and also by the judiciary.

2.8 The Concept of Terrorism

The legal definition for terrorism in Nigeria has been provided by section

1(3) of Terrorism (Prevention) Act(as amended)56 which says;

Terrorism means an act which is deliberately done with malice

aforethought and which

52
www.businessdictionary.com/definition/law-and-order. Accessed on the 19th day of June , 2016 at about
4:54pm
53
Ibid
54
Sasso’li, M. (2005) Legislation and Maintenance of Public Order and Civil Life by Occupying Powers, European
Journal of International Law, 16(4) P.665

55
Ibid
56
Terrorism (Prevention) Act,(as amended) op cit
(a) may seriously harm or damage a country or an international

organization;

(b) is intended or can reasonably be regarded as having been intended to-

(i) unduly compel a government or an international organization to

perform or abstain from performing any act

(ii) seriously intimidate a population

(iii) seriously destabilise or destroy the fundamental political,

constitutional, economic or social structures of a country or an

international organization or

(iv) otherwise influence such government or international organization

by intimidation or coercion; and

(c) involves or causes as the case may be;

(i) an attack upon a person’s life which may cause a serious bodily

harm or death

(ii) kidnapping of a person

(iii) destruction to a government or public facility, a transport

system, an infrastructure facility including an information

system, affixed platform located on the continental shelf, a

public place or private property likely to endanger human life

or result in major economic loss

 (iv) the seizure of an aircraft, ship or other means of public or

goods transport and diversion or the use of such means of

transportation for any of the purposes in paragraphs (b) (iv) of

this subsection;

(v) the manufacture, possession, acquisition, transport, supply or

use of weapons, explosives or of nuclear, biological or

chemical weapons as well as research into and development of

biological and chemical weapons without lawful authority

(vi) the release of dangerous substance or causing of fire,

explosions or floods, the effect of which is to endanger human

life;

(d) an act or omission in or outside Nigeria which constitutes an

offence within the scope of counter terrorism protocols and

conventions duly ratified by Nigeria.

In addition to the above definition, section 40 of Terrorism (Prevention) Act (as

amended)57 says terrorist act means an act which constitutes an offence according

to the following agreements -

(i) Convention for the Suppression of Unlawful Seizure of Aircraft, 1970,

57
Ibid
(ii) Convention for the Suppression of Unlawful Acts against the Safety of Civil

Aviation, 1971,

(iii) Convention on the Prevention and Punishment of Crimes against

Internationally Protected Persons; including Diplomatic Agents, 1973,

(iv) International Convention against the Taking of Hostages, 1979,

(v) Convention on the Physical Protection of Nuclear Material, 1979,(as amended)

(vi)Protocol for the Suppression of Unlawful Acts of violence at Airports Serving

International Civil Aviation, supplementary to the Convention for the Suppression

of Unlawful Acts against the Safety of Civil Aviation, 1988,

(vii) Convention for the Suppression of Unlawful Acts against the Safety of

Maritime Navigation,1988,

(viii) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed

Platforms located on the Continental Shelf, 1988,

(ix) The International Convention for the Suppression of Terrorist Bombing, 1997,

(x) The Convention against Terrorist Financing, 1999

(xi) Convention on Offences and certain other Acts committed on Board Aircraft,

1963 and

(xii)Convention on the Marking of Plastic Explosives for the purpose of Detection

Terrorism also means a situation where any person who on board an

aircraft in flight unlawfully by force or threat thereof or by any other form of

intimidation seizes or exercises control of that aircraft or attempts to perform any

such act or an accomplice of a person who performs such act.58These criminal acts

have been adopted as part of what constitute terrorism in Nigeria. This is because

section 40 of Terrorism (Prevention) Act (as amended)59 Also, anybody commits

an act of terrorism if he unlawfully and intentionally performs an act of violence

against a person on board an aircraft in flight if that person is likely to endanger the

safety of that aircraft or destroys an aircraft in service or causes damage to such

aircraft which renders it incapable of flight or which is likely to endanger its safety

in flight60 It is also amounts to terrorism if anybody places or causes to be placed

on an aircraft in service by any means whatsoever a device or substance which is

likely to destroy that aircraft or to cause damage to the said aircraft which renders

it incapable of flight or to cause damage to it which is likely to endanger its safety

in flight.61 Terrorism also means a situation where one unlawfully and intentionally

destroys or damages air navigation facilities or interferes with their operation if

any such act is likely to endanger the safety of aircraft in flight or communicates

information which he knows to be false thereby endangering the safety of an

aircraft in flight.62 Also being an accomplice in these acts also amounts to

58
See article 1, Convention for the Suppression of Unlawful Seizure of Aircraft, op cit
59
Op cit
60
Article 1 of Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, op cit
61
Ibid
62
Ibid
terrorism.63 An attempt to commit such acts is also an act of terrorism. 64 Terrorism

also covers a situation where a person unlawfully and intentionally, by use of any

device or weapon performs an act of violence against a person at an airport serving

international civil aviation which causes or is likely to cause serious injury or death

or a situation where the said person destroys or seriously damages the facilities of

an airport serving international civil aviation or aircraft not in service located

thereon or disrupts the services of the airport if such an act endangers or is likely to

endanger safety at that airport.65 Acts which whether or not they are offences may

or do jeopardize the safety of the aircraft or of persons or of property therein or

which jeopardize good order and discipline on board also constitute acts of

terrorism and come within the meaning of terrorism66

The definition of terrorism also covers an intentional commission of murder,

kidnapping or other attack upon the person or liberty of an internationally

protected person, or a violent attack upon the official premises, the private

accommodation or the means of transport of an internationally protected person

likely to endanger his person or liberty.67 It also covers threat to commit any such

attack, an attempt to commit any such attack or any act constituting participation as

63
Ibid
64
Ibid
65
See article 2 of the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil
Aviation, 1988
66
See article 1 of Convention on Offences and Other Acts Committed on Board Aircraft, op cit
67
See article 2 of Convention on the Prevention of Punishment of Crimes Against Internationally Protected Persons
Including Diplomatic Agents op cit
an accomplice in any such attack.68 The term internationally protected person here

means a Head of State, including any member of a collegial body performing the

functions of a Head of State under the Constitution of the State, Head of

Government, or a Minister for Foreign Affairs, whenever any such person is in a

foreign State as well as members of his family who accompany him. 69It also

means, a representative or official of a State or any official or other agent of an

international organisation of an intergovernmental character who, at the time when

and in the place where a crime against him, his official premises, his private

accommodation or his means of transport is committed, is entitled pursuant to

international law to special protection from any attack on his person, freedom or

dignity, as well as members of his family forming part of his household.70

Terrorism also covers a situation where any person seizes or detains and

threatens to kill, to injure or to continue to detain another person in order to compel

a third party, namely, a State, an international intergovernmental organisation, a

natural juridical person or a group of persons to do or abstain from doing an act as

an explicit or implicit condition for the release of the hostage.71 Also terrorism

means an attempt to commit hostage-taking or participation as an accomplice.72

68
Ibid
69
See article 1 ibid
70
Ibid
71
See article 1 of International Convention Against the Taking of Hostage, op cit
72
Ibid
 The intentional commission of an act without lawful authority which

constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of

nuclear material and which causes or is likely to cause death or serious injury to

any person or substantial damage to property or to the environment come within

the meaning of terrorism.73 Also the theft or robbery of nuclear material or an

embezzlement or fraudulent obtaining of nuclear material or any act which

constitutes the carrying, sending, or moving of nuclear material into or out of a

State without lawful authority come within the meaning of terrorism. 74 In addition,

any act directed against a nuclear facility, or an act interfering with the operation of

a nuclear facility, where the offender intentionally causes, or where he knows that

the act is likely to cause, death or serious injury to any person or substantial

damage to property or to the environment by exposure to radiation or release of

radioactive substances, unless the act is undertaken in conformity with the law in

Nigeria if the nuclear facility is kept in Nigeria.75 Any unlawful act constituting a

demand for nuclear material by threat or use of force or by any other form of

intimidation or threat to use nuclear material to cause death or serious injury to any

person or substantial damage to property or to the environment or any act directed

against a nuclear facility, or an act interfering with the operation of a nuclear

73
See article 7 of Convention on the Physical Protection of Nuclear Material and Nuclear Facilities, 1979 (as
amended)
74
Ibid
75
Ibid
facility, where the offender intentionally causes, or where he knows that the act is

likely to cause, death or serious injury to any person or substantial damage to

property or to the environment by exposure to radiation or release of radioactive

substances, in order to compel a natural or legal person, international organization

or State to do or to refrain from doing any act.76 Also any attempt to commit any of

the acts of terrorism here also amounts to terrorism.77

Terrorism also means a situation where any person unlawfully and

intentionally seizes or exercises control over a ship by force or threat or any other

form of intimidation or performs an act of violence against a person on board a

ship if that act is likely to endanger the safe navigation of that ship. 78 Also, where

there is unlawful and intentional destruction of a ship or to its cargo which is likely

to endanger the safe navigation of that ship, terrorism is said to have taken place.79

It also amounts to terrorism when one unlawfully and intentionally places or

causes to be placed on a ship by any means whatsoever , a device or substance

which is likely to destroy that ship or cause damage to that ship or its cargo which

endangers or is likely to endanger the safe navigation of that ship.80 Terrorism also

covers unlawful and intentional destruction or serious damage to maritime

76
Ibid
77
Ibid
78
See article 3 of Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, op
cit
79
Ibid
80
Ibid
navigational facilities or serious interference with the their operation if any such

act is likely to endanger the safe navigation of a ship or communication of

information which one knows to be false thereby endangering the safe navigation

of a ship.81 Terrorism also covers situations where one kills any person in

connection with the unlawful and intentional seizure, destruction, damage of ship

or act of violence against a person on board a ship, or communication of false

information which endanger the safe of navigation of a ship.82 Also it amounts to

terrorism where one attempts, abets or is an accomplice or threatens with or

without any condition so as to compel a physical or juridical person to do or refrain

from doing any act to commit any of the offences that endanger safe navigation of

a ship.83

It is an act of terrorism if any person unlawfully and intentionally seizes or

exercises control over a fixed platform by force or threat or any other form of

intimidation or performs an act of violence against a person on board a fixed

platform if that act is likely to endanger its safety. 84 Where one unlawfully and

intentionally destroys a fixed platform or causes damage to it, which is likely to

endanger its safety, it amounts to an act of terrorism.85 Terrorism also means a

81
Ibid
82
Ibid
83
Ibid
84
See article 2 of Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on
the Continental Shelf, op cit
85
Ibid
situation where one intentionally and unlawfully places or causes to be placed a

fixed platform by any means whatsoever a device or substance which is likely to

destroy that fixed platform or is likely to endanger its safety or injure or kill any

person in connection with the commission or attempted commission of any of the

acts of terrorism related to fixed platform.86 Terrorism also means a situation

where a person abets the commission of the said crime or attempts or threatens

with or without a condition with the aim of compelling a physical or juridical

person to do or refrain from doing any act if that threat is likely to endanger the

safety of fixed platforms.87

It amounts to terrorism if any person by any means, directly or indirectly,

unlawfully and willfully provides or collects funds with the intention that they

should be used or in the knowledge that they are to be used, in full or in part, in

order to carry out an act which constitutes an offence within the scope of the

meaning of terrorism or in order to carry out any other act intended to cause death

or serious bodily injury to a civilian, or to any other person not taking an active

part in the hostilities in a situation of armed conflict, when the purpose of such act,

by its nature or context, is to intimidate a population, or to compel a government or

an international organization to do or to abstain from doing any act.88 Funds here

86
Ibid
87
Ibid. Fixed platform here means an artificial island, installation or structure permanently attached to the sea-bed
for the purpose of exploration or exploitation of resources or for other economic purposes.
88
See article 2 of International Convention for the Suppression of the Financing of Terrorism, op cit
means assets of every kind, whether tangible or intangible, movable or immovable,

however acquired, and legal documents or instruments in any form, including

electronic or digital, evidencing title to, or interest in, such assets, including, but

not limited to, bank credits, travelers cheques, bank cheques, money orders, shares,

securities, bonds, drafts, letters of credit.89

Subsection 4 of Terrorism (Prevention) Act (as amended)90 says an act

which disrupts a service but is committed in pursuance of a protest also amounts to

terrorism. However, demonstration or stoppage of work is not a terrorist act within

the meaning of this definition provided that the act is not intended to result in any

harm referred to in sub-section (3)(b)(i)(ii) or (iv).

Nowadays, terrorism beats out guerrilla warfare as the preferred and

practically exclusive weapon of the weak against the strong.91 Its primary target is

the mind.92 In that sense, terrorism is the most violent form of psychological

warfare, and its psychological impact is commonly understood to be far greater

than its physical effects.93 Stooping to often pathetic means, terrorism is a way of

creating power in the hope of seizing from below that which the state wields from

89
Aricle1 ibid
90
Op cit
91
Chaliand, G and Blin, A (2007) The Invention of Modern Terror. In: Chaliand, G and Blin, A(ed) History of
Terrorism from Antiquity to Al Quaeda. University of Carlifornia Press Ltd, London, England pp.95-112
92
Ibid
93
Ibid
on high.94 Terrorism in this thesis means what specialists call group or bottom-up

terrorism (terrorism against constituted authority or the public, illegally and

unlawfully) and not top-down (state) terrorism. Legally, terrorism does not come

outside the confines of its legal definitions discussed here.

2.9 The Concept of Riot and Revolt

Riot has been defined as ‘activity by three or more people acting in a non-

military capacity publicly and consciously endangering life and property and

directing their efforts against de factor governmental authority or against other

members of the same political community’95 Riot is an assemblage of three or

more persons in a public place for the purpose of accomplishing by concerted

action and in a turbulent and disorderly manner a common purpose regardless of

the lawfulness of that purpose.96 It is also an unlawful disturbance of the peace by

an assemblage of usually three or more persons acting with a common purpose in a

violent or tumultuous manner that threatens or terrorizes the public.97

Section 69 of the Criminal Code Act98 says when an unlawful assembly has

begun to act in so tumultuous manner as to disturb the peace, the assembly is

called a riot and the persons assembled are said to be riotously assembled. As to

94
Ibid
95
McAdams, D. (1976)Riot as a Measure of Religious Conflict in Seventeenth and Eighteenth Century England.
Retrieved April 26, 2016 from https://www.andrews.edu/library/1976-2-03.pdf at about 1:18pm
96
Garner, B.A. (2004) Black’s Law Dictionary, op cit p.1352 note1
97
Ibid
98
Criminal Code Act, Cap. C38, LFN 2004
what is an unlawful assembly, Criminal Code Act99 says when three or more

persons with intent to carry out some common purpose, assemble in such a manner

or being assembled, conduct themselves in such a manner as to cause persons in

the neighbourhood to fear on reasonable grounds that the persons so assembled

will tumultuously disturb the peace or will by such assembly needlessly and

without any reasonable occasion provoke other persons tumultuously to disturb the

peace, they are an unlawful assembly. It is immaterial that the original assembly

was lawful if, being assembled they conduct themselves with a common purpose in

such a manner as aforesaid.100 An assembly of three or more persons who assemble

for the purpose of protecting any house against threatening to break and enter the

house in order to commit a felony or misdemeanor therein is not an unlawful

assembly.101

Revolt means revolution which means an overthrow of a government usually

resulting in fundamental political change. In fact, revolt is a successful rebellion.102

Riots die down, even if they last for days and flare up time and again; revolutions

lead to the overthrow of a government and a regime.103 This means that with

respect to the underlying forces, there is a crucial distinction.104 In the case of

99
Section 69 ibid
100
Ibid
101
Ibid
102
Garner, B.A. (2004) Black’s Law Dictionary, op cit P. 1346 note1
103
Dahrendorf, R(1985)Law and Order, Stevens & Sons Ltd, London,pp.1-200
104
Ibid
revolutions, the powder keg of a revolutionary situation has to be present into

which the spark of Utopian hope is thrown; in the case of riots, igniting the powder

is but a display of fireworks by comparison.105 Whatever frustrations may seek

expression in riotous behaviour, they are not sustained demands for power by

suppressed social classes and their spokesmen.106 Riots are massive individual acts

of protest; revolutions are genuinely collective manifestations of a demand for

change.107 Riots are essentially destructive; revolutions have a constructive element

that sustains them. In this sense, riots belong into the context of anomy, revolutions

into that of change.108

2.10 The Concept of Civil Disorder

The term civil disorder is defined as a public disturbance involving three or

more people who commit violent acts that cause immediate danger or injury to

people or property.109 Civil disorders can take the form of small gatherings or

large groups blocking or impeding access to a building, or disrupting normal

activities by generating noise and intimidating people.110They can range from a

peaceful situation into a full-scale riot, in which a mob burns or otherwise destroys

105
Ibid
106
Ibid
107
Ibid
108
Ibid
109
Garner, B.A. op cit P. 262
110
www.perryco.org/documents/01-civil%20disorder . Retrieved May 16, 2016 at about 4:52pm
property and terrorizes individuals.111 Even in its more passive forms, a group that

blocks roadways, sidewalks, or buildings interferes with public order.112

It seems the difference that exists between riot and civil disorder is that riot

gives birth to civil disorder. Riot represents the action while civil disorder is the

result.

2.11 The Concept of Ethnic Militia

Militia is a body of citizens armed and trained for military service apart from

regular armed forces.113 Ethnic militia therefore means a body of people belonging

to one ethnic group whose main aim and objective is to render illegal military

service. Ethnic militia movement is a form of ethnic agitation for self

determination as various ethnic groups assume militant posture and gradually

metamorphose into militia groups each of which bear an ethnic identity and

purport to act as the machinery through which the desires of its people are sought

to be realised.114

111
Ibid
112
Ibid
113
Garner, B.A. op cit P.1014
114
Badmus, I. A. (2006) Ethnic Militia Movements and the Crisis of Political Order in Post-Military Nigeria, J. Soc.
Sci., 13 (3) 191-198
One would agree that the activities of the militia groups as well as ethnic

sectarianism are real threats, to the territorial integrity of the country. 115 The

common features of these ethnically inspired movements are, the resort to

violence, preponderance of youth membership, ethnic identity affiliations, and that

they are mainly popular movements demanding change over the status quo.116 The

aim of these militia groups have changed from asking for fairness and equity in the

distribution of the wealth of the Nigerian state into a serious form of criminality

especially the kidnapping of indigenes and expatriates for ransom. 117 An ethnic

militia movement can be described as an extreme form of ethnic agitation for self

determination as various ethnic groups assume militant postures and gradually

metamorphose into militia groups which rely on ethnic identity and purport to act

as machinery through which the desires of the people are actualised.118 Some out

of numerous militia groups in Nigeria are Movement for the Sovereign State of

Biafra (MASSOB), Niger Delta People Volunteer Force (NDPVF), Movement for

the Emancipation of the Niger Delta (MEND)119 It has been posited that the

solution for this group is that since this is purely a security issue, the state must

deploy its coercive machinery to put these criminal activities under some

115
Ibid
116
Osita, A. (2002) Ethnic Militias and the Threat to Democracy in Post-Transition in Nigeria. News from the
Nordiac Africa Institute, Uppsala, Sweden, N0.1, January.
117
Paul,O (2009) Ethnic Militia and Criminality in the Niger-Delta, African Research Review, 3 (3) PP. 315-330
118
Ibid
119
Ibid
meaningful control.120 In this light, government security agencies or law

enforcement agencies have the legal mandate for the maintenance of law and order

in Nigeria. Section 6 of Public Order Act121 prohibits quasi- military organisations.

The said section says if any association (whether corporate or unincorporate)

organises or trains or equips persons (whether or not members or adherents of any

such association) for the purpose of enabling any such person to be employed in

usurping the functions of the Nigeria Police Force or of the armed forces of the

Federation; or organises and trains or equips persons (whether or not members or

adherents of any such association) either for the purpose of enabling such persons

to be employed for the use or display of physical force in promoting any political

objective, or in such manner as to arouse reasonable apprehension that they are

organised and either trained or equipped for that purpose; then any person who

takes part in the control or management of the association or in so organising or

training or equipping any such person as aforesaid, or who undertakes or is

engaged to be so organised, trained or equipped, shall be guilty of an offence. The

Act says any person found guilty of an offence in the case of a person who is

proved to have taken part in the organisation or management of an association or in

organising, training, or equipping any person will be liable to a fine of N5,000 or

120
Ibid
121
Public Order Act Cap P.42, L.F.N 2004
imprisonment for 2 years or to both such fine and imprisonment.122 In the case of a

person who is proved to have undertaken or been engaged in being organised,

trained or equipped, be liable to a fine of N11,000 or imprisonment for 6 months or

to both such fine and imprisonment.123 It is clear that persons who are guilty in

respect of quasi-military organisations can also be guilty of terrorism which has a

stiffer punishment under Terrorism (Prevention) Act(as amended)124

2.12 The Concept of Poisoning and Chemical Poisoning

Poisoning also goes to the root of law and order as it can affect

people’s lives. The word poison is defined as a substance that can cause death or

serious illness if taken.125 Poisoning stems from the word ‘poison’ and means the

act of giving poison to someone.126 It also means illness caused by swallowing

touching or breathing in a poisonous substance.127

There are four routes by which a substance can enter the body: inhalation,

skin (or eye) absorption, ingestion, and injection.128

For most chemicals in the form of vapors, gases, mists, or particulates,

inhalation is the major route of entry.129 Once inhaled, chemicals are either exhaled
122
Section 6(6) ibid
123
Ibid
124
Op cit. See section 33 of the Act which provides stiffer punishments for acts of terrorism.
125
Pearson, L. (2005) Longman Dictionary of Contemporary English, 4th Edition, Pearson Education Ltd, London,
P.1263
126
Ibid
127
Ibid
128
Tox Exposure Guidelines. Retrieved from http://ehs.unl.edu
or deposited in the respiratory tract.130 If deposited, damage can occur through

direct contact with tissue or the chemical may diffuse into the blood through the

lung-blood interface.131 Upon contact with tissue in the upper respiratory tract or

lungs, chemicals may cause health effects ranging from simple irritation to severe

tissue destruction.132 Substances absorbed into the blood are circulated and

distributed to organs that have an affinity for that particular chemical.133 Health

effects can then occur in the organs, which are sensitive to the toxicant.134

Skin (dermal) contact can cause effects that are relatively innocuous such as

redness or mild dermatitis; more severe effects include destruction of skin tissue or

other debilitating conditions.135 Many chemicals can also cross the skin barrier and

be absorbed into the blood system. Once absorbed, they may produce systemic

damage to internal organs.136 The eyes are particularly sensitive to chemicals.137

Even a short exposure can cause severe effects to the eyes or the substance can be

absorbed through the eyes and be transported to other parts of the body causing

harmful effects.138

129
Ibid
130
Ibid
131
Ibid
132
Ibid
133
Ibid
134
Ibid
135
Ibid
136
Ibid
137
Ibid
138
Ibid
 Chemicals that inadvertently get into the mouth and are swallowed do not

generally harm the gastrointestinal tract itself unless they are irritating or

corrosive.139 Chemicals that are insoluble in the fluids of the gastrointestinal tract

(stomach, small, and large intestines) are generally excreted.140 Others that are

soluble are absorbed through the lining of the gastrointestinal tract.141 They are

then transported by the blood to internal organs where they can cause damage.142

Injection is when substances may enter the body if the skin is penetrated or

punctured by contaminated objects.143 Effects can then occur as the substance is

circulated in the blood and deposited in the target organs.144 Once the chemical is

absorbed into the body, three other processes are possible: metabolism, storage,

and excretion.145 Many chemicals are metabolized or transformed via chemical

reactions in the body.146 In some cases, chemicals are distributed and stored in

specific organs.147 Storage may reduce metabolism and therefore, increase the

persistence of the chemicals in the body.148 The various excretory mechanisms

(exhaled breath, perspiration, urine, faeces, or detoxification) rid the body, over a

139
Ibid
140
Ibid
141
Ibid
142
Ibid
143
Ibid
144
Ibid
145
Ibid
146
Ibid
147
Ibid
148
Ibid
period of time, of the chemical.149 For some chemicals elimination may be a matter

of days or months; for others, the elimination rate is so low that they may persist in

the body for a lifetime and cause deleterious effects.150

Poisoning or chemical poisoning can lead to criminal prosecution depending

on the established consequences and the mens rea . That is why Nigeria Security

and Civil Defence Corps is aside similar powers given to other security agencies in

Nigeria empowered to arrest with or without warrant, detain, investigate and

institute legal proceedings against any person involved in poisoning and chemical

poisoning.151

2.13 The Concept of Industrial Espionage

Espionage generally means the practice of using spies to collect information

about what another government or company is doing or plans to do. 152 Industrial

espionage occurs when one company or person is spying on another to steal trade
153
secrets or other proprietary information. Industrial espionage is illegal and

unconstitutional. Persons found guilty of the said act may not escape criminal

liability or civil actions for remedies. For example section 37 of the Constitution of

the Federal Republic of Nigeria154 guarantees and protects right to privacy of

149
Ibid
150
Ibid
151
Section 3(1) of Nigeria Security and Civil Defence Corps opcit
152
Garner, B.A op cit p.585
153
Ibid
154
Constitution of the Federal Republic of Nigeria, 1999(as amended)
citizens, their homes, correspondence, telephone conversations and telegraphic

communications. Industrial espionage can also expose its perpetrators to criminal

charge, conviction and sentences for criminal trespass, depending on the

established criminal elements. Espionage has been around for a long time.155

Almost all societies have a history of deception and subterfuge, the enduring

practice of which attest to the invaluable role espionage has played in building and

destroying organizations.156 Secrets are the magic ingredient of power.157 When

state secrets i.e., political and military secrets are stolen, governments fall and wars

are lost, people are disgraced and people die.158 When trade secrets, such as

scientific or engineering secrets, are stolen, corporations lose their competitive

edge, small entities cease to exist, and whole sectors of the economy weaken and

fall behind in the global marketplace; people lose their livelihood.159

The purpose of industrial espionage is to gather knowledge about an

organization.160 It may include the acquisition of intellectual property, such as

information on industrial manufacture, ideas, techniques and processes, recipes and

formulas.161 It may describe activities such as theft of trade secrets and

155
Waziri, K.M and Yerima, T.Y. Industrial Espionage and Intellectual Property Rights Protection: How Legal is it
Legal. Retrieved April 23, 2014 from papers.ssrn.com/sol 3/delivery…/ssrn_id1875746-code796065 pdf at about
12:40pm
156
Ibid
157
Ibid
158
Ibid
159
Ibid
160
Ibid
161
Ibid
technological surveillance.162 When orchestrating espionage on commercial

organizations, governments can also be targets —for example, to determine the

terms of a tender for a government contract so that another person can underbid.163

Industrial espionage has made so many businesses fall into oblivion in the past.164

Industrial espionage doesn't only imply loss of money but more importantly loss of

confidence on a company due to lack of corporate security. 165 Industrial espionage

has been the name of the game for quite a while now.166 Different tactics are being

utilized by companies to undermine attacks to their rivals in the business world.167

Technology is fast evolving. So are the means of industrial spies who take

advantage of all the weak points in a company's security systems. 168 Different

gadgets are also utilized to clip pictures or videos of important intellectual

properties.169 Proprietary business information-that is, bids, contracts and strategies

are also aggressively targeted.170

2.14 The Concept of Oil Spillage

162
Ibid
163
Ibid
164
Ibid
165
Ibid
166
Ibid
167
Ibid
168
Ibid
169
Ibid
170
Ibid
 Law enforcement agencies in Nigeria are empowered to deal with
171
occurrences of oil spillage in Nigeria. Oil spillage is a release of a liquid

petroleum hydrocarbon into the environment due to human activity. 172 This is a

form of pollution. The term often refers to marine oil spills where oil is released

into the ocean or coastal waters.173 Oil spills include release of crude oil from

tankers, offshore platforms, drilling rigs and wells, as well as spills of refined

petroleum products such as gasoline, diesel and their by-products and heavier fuels

used by large ships bunker fuel or the spill of any oily white substance refuse or

waste oil. Spills may take months or years to clean up.174 Oil also enters marine

environment from natural oil seeps.175 The Nigerian National Petroleum

Corporation places the quantity of petroleum jettisoned into the environment

yearly at 2, 300 cubic meters with an average of 300 individual spills annually.176

However because this amount did not take into account minor spills, the World

Bank has posited that the true quantity of petroleum spilled into the environment

could be as much as ten times the officially claimed amount.177 Oil spills are a

common event in Nigeria and occur due to a number of causes, including corrosion

171
See for example section 3(1) of Nigeria Security and Civil Defence Corps Act op cit which empowers the Corps to
arrest, investigate and instate legal proceeding in respect of oil spillage
172
Adelana, S.O. et al (2011) Environmental Pollution and Remediation: Challenges and Management of Oil Spillage
in the Nigerian Coastal Areas. American Journal of Scientific and Industrial Research,2(6)pp. 834-845
173
Ibid
174
Ibid
175
Ibid
176
Ibid
177
Ibid
of pipelines and tankers ( accounting for 50% of all the spills), sabotage (36%) and

oil production operation (6.5%) with 1% of the spills being accounted for by

inadequate or nonfunctional production equipment.178 Oil spillage has a major

impact on the ecosystem into which it is released. Spills in populated areas often

spread out over a wide area destroying crops and agriculture through

contamination of the groundwater and soils. The consumption of dissolved oxygen

by bacteria feeding on the spilled hydrocarbons also contributes to the death of

fish. In agricultural communities often a year’s supply of food can be destroyed

instantaneously. People in the affected areas complain of health issues including

breathing problems and skin lesions. As a result of oil spillage, many have lost

basic human rights such as health, access to food, clean water and ability to work.

2.15 The Concept of Vandalism

Vandalism is the crime of deliberately damaging things especially public

property.179 Miscellaneous Offences Act180 creates a number of offences with stiff

penalties and vandalism is one of those offences for which stiff penalties are

provided.181Vandalism in relation to oil pipelines refers to illegal or unauthorized

178
Ibid
179
Pearson, M. (2005) Longman Dictionary of Contemporary English, 4th Edition, Pearson Education Ltd, London, P.
1828
180
Miscellaneous Offences Act, Cap. M17, L.F.N. 2004
181
See for example Section 1(7) ibid which states that any person who willfully or maliciously breaks, damages,
disconnects or otherwise tampers with any pipe or pipeline for the transportation of crude oil or refined oil or gas;
or obstructs, destroys or otherwise tampers or interferes with the free flow of any crude oil or refined petroleum
activities that result in the destruction of petroleum, gas and chemical pipelines.182

It is a negative activity aimed at getting products for personal use or for sale in the

black market especially in developing countries of the world where they are

rampant. It is a sad fact that vandalism of oil pipelines in Nigeria is also

perpetrated by a group of saboteurs of government whose only way of showing

their dissatisfaction with government policies is to blow up oil pipelines.

Pipeline system as a medium of transportation is usually attributed to very

sensitive products such as crude oil, natural gas and industrial chemicals, in which

unattended problems in their operation result in unimaginable catastrophe. These

problems include terrorism attacks, vandalism and theft of the pipeline content.

The need for implementing adequate security systems for pipeline management has

been addressed from time immemorial. While some of these attempts have

recorded some level of success, others have contributed insignificantly to this

outstanding challenge that is currently giving mankind sleepless nights. The

Nigerian oil Pipeline infrastructure has been subjected to incessant attacks by

product through any oil pipeline shall be guilty of an offence and liable on conviction to be sentenced to
imprisonment for life. Section 1(9) ibid provides life imprisonment for any person who tampers with electric plant,
works, cables, wire or assembly of wires designed or used for transferring or converting electricity. Section 1 also
provides imprisonment for a term not exceeding 21 years for any person who tampers with electric fittings, meters
or other appliances used for generating, transforming, converting, conveyancing, supplying or selling electricity;
tampering telephone wires or wire or cables for conveyancing of telephone, telegraphic visual messages or images.
182
Chukwujekwu, O.F. et al (2014) Oil Pipeline Vandalism Detection and Surveillance System for Nigeria.
International Journal of Engineering Research and Technology, 3 (7) P. 156
vandals over the years.183 Vandalism is an action involving deliberate destruction

of public or private property.184 Within the civic domain, vandalism denotes willful

destruction of public or government property in keeping with criminal or political

intent.185 Oil pipeline vandalism therefore implies deliberate breaking of oil

pipelines with the intent to steal petroleum products or to sabotage the government.

The implication of oil pipeline vandalism in Nigeria has been vividly demonstrated

by its nexus with economic, environmental, and humanitarian losses and

186
consequences Overall, oil pipeline vandalism constitutes a veritable threat to

Nigeria’s national security.187 The frequency of such attacks has been rather

disturbing in the recent times.188 The discovery of crude oil in commercial quantity

in Oloibiri in 1956 marked the birth of the petroleum industry in Nigeria and since

then, the Nigeria economy has been more or less dependent on petroleum. 189 To

facilitate the distribution of crude oil product from the oil rich Nigeria Delta to

other parts of the country, a network of oil pipelines was constructed to inter-link

some states at strategic locations. The impact and implications of pipeline

vandalism have been critically detrimental to the concerns of public safety and

183
Chukwuma, A.I and Orinya, S. (2013) Oil Pipeline Vandalism and Nigeria’s National Security. Global Journal of
Human Social Science, 13(5)
184
Ibid
185
Ibid
186
Ibid
187
Ibid
188
Ibid
189
Ibid
development in Nigeria.190 To say the least, therefore, the prevalence of oil pipeline

vandalism in Nigeria over the years has presented the country with crucial national

security challenge.191

2.16 The Concept of Strike

Strike is defined in Nigeria as the ;

cessation of work by a body of persons employed acting in

combination, or a concerted refusal or a refusal under a common

understanding of any number of persons employed to continue to

work for an employer in consequence of a dispute, done as a means of

compelling their employer or any persons or body of persons

employed, to accept or not to accept terms of employment and

physical conditions of work.192

In the above definition, the phrase “cessation of work” includes deliberately

working at less than usual speed or with less than usual efficiency and the phrase

“refusal to continue to work” includes a refusal to work at usual speed or with

usual efficiency.193 This means that there must be a dispute between an employer

190
Ibid
191
Ibid
192
Section 48(1) Trade Disputes Act , Cap T8, L.F.N, 2004
193
Ibid
and its workers and the action must be called in contemplation or furtherance of

that dispute194

The Trade Union Act places restrictions on certain categories of workers to

join a trade union. The law stipulated that workers in certain establishments shall

not combine or organize themselves or to be members of a trade union. These

establishments include:

(a) The Nigerian Army, Navy or Airforce

(b) The Nigeria Police Force

(c) The Customs Services, Immigration and Prison Services

(d) The Customs Preventive Service

(e) The Nigeria Security Printing and Minting Company

(f) The Central Bank of Nigeria

(g) The Nigeria Telecommunications Ltd.

(h) Every Federal or State Government establishment the employees of which are

authorized to bear arms.195

194
Ahmed, A.B. (2014) Appraisal of the Right to Strike in Nigeria, International Journal of Humanities and Social
Science, 4 N0. 11(1)
195
Section 11, Trade Unions Act, Cap T14, L.F.N. 2004
 The reason why workers in the above establishments are exempted from

trade union membership is based on security grounds. Members of the armed

forces, police and other paramilitary establishments are saddled with the

responsibility of maintaining and preserving the external and internal security of

Nigeria. As a result of their central role in maintaining law and order, will be an

invitation to anarchy in the society if they are allowed to engage in industrial

action. Further, the president is given the power to proscribe a trade union upon

satisfaction that such a union which is engaged in the provision of essential

services to the public engages in acts calculated to disrupt the economy or smooth

running of any essential service.196 Essential service means service in civil capacity

of persons employed in the armed forces, services in connection with the supply of

electricity, power, water or fuel of any kind, in connection with sound, postal and

telecommunications, in connection with the maintenance of ports, harbours or for

transportation of persons, goods or livestock by road, rail, sea or air, in connection

with the provision of healthcare and sanitary matters, in connection to the

provision of educational services and any service connected to the provision

196
Section 1(1) , Trade Disputes( Essential Services) Act Cap T9, L.F.N 2004
of banking services to the public.197 This means that once there is such

proscription, perpetrators become liable to criminal prosecution198.Another way of

controlling strike is to adopt the ‘no work no pay policy’ in the Trade Disputes

Act199 thereby still maintaining a peaceful atmosphere for negotiation and

settlement amongst parties. Nigeria Security and Civil Defence Corps is

empowered to arrest with or without warrant, detain, investigate and institute legal

proceedings by or in the name of the Attorney General of the Federation in

accordance with the Constitution of the Federal Republic of Nigeria against any

person who is involved in any strike.200 The strike meant here is not really any

strike but a strike that constitutes crime as explained above. This is because their

can only be arrest and investigation in the event of suspicion of crime commission.

Nigeria Security and Civil Defence Corps will not legally have the power to arrest

a person involved in a strike that does not constitute crime. It therefore follows that

our meaning of strike in this thesis as it relates to law and order and in relation to

the power of arrest and investigation in respect thereof means strike that constitute

crime in accordance with the laws of the Federal Republic of Nigeria as discussed

above.

2.17 The Concept of Religious Unrest

197
Ibid
198
Section 2, Ibid
199
Section 43, Trade Dispute Acts Act op cit
200
See section 3 of Nigeria Security and Civil Defence Corps(as amended) op cit
 Nigeria Security and Civil Defence Corps is amongst other things

empowered to arrest with or without warrant, detain, investigate and institute legal

proceedings by or in the name of the Attorney General of the Federation in

accordance with the Constitution of the Federal Republic of Nigeria against any

person who is involved in any religious unrest.201 The phrase religious unrest is

not defined in the Nigeria Security and Civil Defence Corps Act.202 However, the

word unrest is a situation in which people protest or behave violently. 203 Religious

unrest in this thesis therefore means an unrest motivated by religious beliefs and

differences. This is a form of civil disorder and what triggers it may not require a

particular number of people. It may start by a misunderstanding or conflict by just

two people to an uncontrollable crisis engulfing a town or state or even the entire

country. Those who cause or are involved in religious unrest may be guilty of

murder or culpable homicide punishable with death or any crime which is the

consequence of their action. Generally, unrest has adverse effects on the economy

of any people. This is apart from other social and psychological effects that

naturally accompany conflict.

Religious unrest most times is triggered by religious intolerance. There is no

legal justification for violence in the guise of religion and there is no country that

201
Ibid
202
Op cit
203
(2005) Longman Dictionary of Contemporary English, 4th Edition, Pearson Education Ltd, London, P.1815
allows this. Because of the relevance attached to religion, section 38 of the

Constitution of the Federal Republic of Nigeria204 says every person shall be

entitled to freedom of thought, conscience and religion, including freedom to

change his religion or belief, and freedom either alone or in community with others

in the public or in private to manifest and propagate his religion or belief in

worship, teaching, practice and observance. To further strengthen the concept of

freedom of religion, the law is that no person attending any place of education shall

be required to receive religious instruction or to take part in or attend any religious

ceremony or observance if such instruction, ceremony or observance relates to a

religion other than his own or a religion not approved by his parents or guardians

and no religious community or denomination shall be prevented from providing

religious instruction for pupils of that community or denomination in any place of

education maintained wholly by that community or denomination.205 Freedom of

religion does not give any right for any unrest related to religion and perpetrators

of religious unrest risk criminal prosecution. Religion is supposed to promote

peace, law and order in any society and should not be associated to any unrest.

2.18 The Concept of Fraud

204
The Constitution of the Federal Republic of Nigeria op cit
205
Ibid
 Fraud in its meaning stands on shifting sand and said to be a chameleon

hued word.206 Perhaps that is the reason why statutes in Nigeria shy away from

defining the term.The Supreme Court in Okoli v. Morecab Finance(Nig) Ltd207

voiced out the need for caution on the part of the court when considering the

meaning of fraud and reiterated the elasticity of its meaning. The Court stated

thus:

Courts must be careful in the way they accept the use of the word

‘fraud’ by litigants in proceedings before them.That the word fraud is

so elastic in meaning as to cover the commission of crime as well as

incidence of mere impropriety. That it is often loosely used to cover

both situations.That when an allegation of fraud is made, it would

have to be supported by particulars. That it is not unusual to allege

fraud in civil cases without imputing any crime.

It is clear from the above authority that there can be allegation of fraud which

imputes crime and there can be allegation of fraud which imputes only civil

obligation. The can also be allegation of fraud which imputes both civil obligation

and at the same time imputes crime.

206
See UniCal v. Ugochukwu (2008)All FWLR (Pt. 422)1195
207
(2008)All FWLR(Pt.369) 1164,1171
 Fraud is an intentional perversion of truth for the purpose of inducing

another in reliance upon it to part with some valuable thing belonging to him or to

surrender a legal right.208 It is a false representation of a matter of fact, whether by

words or by conduct; by false or misleading allegations or by concealment of that

which should have been disclosed which deceives and is intended to deceive

another so that he shall act upon it to his legal injury. 209

From the foregoing, it is apposite to state that the word fraud when it

appears in this thesis as it relates to law and order and specifically when law

enforcement agents are empowered to arrest and investigate in respect thereof, we

mean fraud which imputes criminality. This is because there can only be arrest and

investigation in respect of criminal allegation and not purely civil allegation.

2.19 Conclusion

This chapter has explained some key terms and phrases commonly used in

this thesis, namely, the concept of crime, the concept of security, the concept of

public security services, the concept of private security services, the concept of

peace, the concept of law and order, the concept of terrorism, the concept of riot

and revolt, the concept of civil disorder, the concept of ethnic militia, the concept

of chemical poison and poisoning, the concept of industrial espionage, the concept

208
Akaninwo v. Nsirim (2008) All FWLR(Pt. 410) 610, 638
209
Ntuks v. Nigeria Ports Authority (2007)All FWLR (pt.387) 809, 817
of oil spillage, the concept of vandalism, the concept of strike, the concept of

religious unrest and the concept of fraud. Some of these terms and phrases may not

necessarily be explained or defined in the Chapters ahead, save in some instances

where legal or philosophical arguments may be necessary for a better legal regime

in this area. Chukkol, K.S210 had reason to voice out the frustration involved in

giving concise and apt definitions of most legal terms by stating that it is often

difficult and an elusive task and that the best is to give a workable definition. The

definitions provided here are workable definitions for the purposes of this thesis.

210
Chukkol, K.S (1989) The Law of Crimes in Nigeria, 2nd Ed, Ahmadu Bello University Press Ltd, Zaria, Kaduna.P.1