Section 217 (2) (c) of the 1999 Constitution and Section (8) (1) and (3) of the Armed Forces Act, Laws of the Federation of Nigeria, (LFN) 2004 provide code of conduct and rules of engagement for the armed forces in internal security.
For instance, no officer or soldier must be found aiding or abetting any act of arson, vandalism or unprofessional conduct; and troops are duty bound to intervene in any situation to avoid a breakdown in peace, stability or law and order of an area where they are deployed.
Section 217 (2) (c) of the 1999 Constitution (as amended) provides that Nigeria’s armed forces shall suppress insurrection and act in aid of civil authority to restore order when called upon to do so by the President, Commander-in-Chief reinforced by Sect (8) (1) and (3) of the Armed Forces Act, Laws of the Federation of Nigeria, (LFN) 2004, it stressed that this presupposes that troops have to use necessary force to quell crisis resulting in deaths, injury and damages to properties.
Other highlights of the ROE include:
- The principle of minimum force and proportionality must be applied at all times; whenever operational situation permits, every reasonable effort shall be made to control the situation through measures short of using force, including personal contact and negotiations; the use of lethal force shall only be resorted to if all other means to control the situation have failed or in case of unexpected attack or suspected Improvised Explosive Device (IED) attack during which a delay could lead to loss of life or serious injury to personnel; and that any force applied must be limited in its intensity and duration; it must also be commensurate with the level of threat posed.
- Force shall be used only when absolutely necessary to achieve an immediate aim; the decision to open fire shall be made only on orders and under the control of on-scene commander, unless there is insufficient time to obtain such order. Fire can however be opened if the life of a soldier, any law-abiding member of the public and/or property of which it is our duty to protect is in grave danger; fire must be aimed and controlled. Indiscriminate firing is not permitted.
- Fire may be opened to forcefully stop any vehicle that fails to stop at a checkpoint or road block when ordered to stop for search; automatic fire will only be opened as a last resort; avoid collateral damage; after fire has ceased, render medical assistance and record details of incident both in writing and using audio/visual equipment whether or not casualty has been recorded; and whenever in doubt, seek clarification from higher headquarters.