CSS 246 Legal and Social Framework of Private Security Services in Nigeria PDF

NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF ARTS AND SOCIAL SCIENCES COURSE CODE: CSS 246 COURSE TITLE: LEGAL AND SOCIAL FRAMEWORK OF PRIVATE SECURITY SERVICES IN NIGERIA. 1 COURSE GUIDE CSS 246: LEGAL AND SOCIAL FRAMEWORK OF PRIVATE SECURITY SERVICES IN NIGERIA. Course Writer/Developer Dr. Niyi Adegoke NOUN Course Coordinators Dr. Niyi Adegoke NOUN Mr. Igwe, D. O. NOUN Mr. C.A.C. Chukwunka NOUN Course Editor Dr A. Ikuomola - AAU Programme Leader Dr. N.Nwabueze - NOUN 2 National Open University of Nigeria Headquarters 14/16 Ahmadu Bello Way Victoria Island Lagos Abuja Annex 245 Samuel Adesujo Ademulegun Street Central Business District Opposite Arewa Suites Abuja e-mail: [email protected] URL: www.nou.edu.ng National Open University of Nigeria 2008 First printed 2008 ISBN: 978-058-949-X All Rights Reserved Printed by ………………… For National Open University of Nigeria 3 TABLE OF CONTENTS page Introduction ………………………………………………….……….ii Course Aims ………………………………………………..................ii Course Objectives …………………………………………….………ii Working Through This Course ……………………………….………iii Course Materials ……………………………………………….…… iii Study Units…………………………………………………………...iii Assessment …………………………………………………….……..iv Tutor Marked Assignments (TMA)………………………………......iv Final Examination and Grading …………………………...................iv Course Marking Scheme ……………………………………….…….iv Course Overview/Presentation Schedule ………………….….…..….v How to get the most from this course ………………………….…….vi-vii Tutors and Tutorials ………………………………………….………vii Summary ……………………………………………………….…….vii 4 Introduction This course is a three-credit unit course for undergraduate students in the arts and social sciences. The materials have been developed within the Nigerian context. It serves as an overview of what you will be taught and also provides you with information on the organization and requirements of the course. Course Aims The aims are to help you to understand the nature of crime, theories of crime and crime control and the practical implications of crime in society. It also empowers you in understanding of the preventive mechanism put in place by government and civil society in combating crime as well as to appreciate the sophisticated trends of crime prevention strategies from a global perspective. These broad aims will be achieved by: (i) Introducing you to the general concept of crime, and its crucial precursors, consequences (cause and effect), cost implication and prevention mechanisms. (ii) Expatiating on the theories of crime and crime control. (iii) Extrapolating the trends in crime theorisation to crime reduction. Course Objectives To achieve the aims set out above, CSS 246: Legal and Social Framework of Private Security Services in Nigeria has been divided in several different modules, each with its own specific objectives. It is advisable that you read them before you start working through the unit. You may want to refer to them during your study of the unit to check your progress). Here are the wider objectives for the course as a whole. By meeting the objectives, you count yourself as having met the aims of the course. On successful completion of the course, you should be able to: a) Define the term security b) Appreciate the place of crime in society c) List the attributes of the criminal justice system d) Explain some theories of crime and crime control e) Identify sources of crime and their consequences f) Differentiate between different types of crime g) Be able to apply crime theories to reality h) Know the crime preventive methods used in Nigeria and other countries i) Differentiate between psychological and sociological theories of crime j) Discuss the shortcomings of crime theorising k) Discuss the future of crime theorizing l) Have a broad understanding of crime control methods in Nigeria and other countries. 5 Working through this Course To complete the course, you are required to read the study units and other related materials. You will also need to undertake practical exercises for which you need a pen, a note – book, and other materials listed below. The exercises are to aid you in understanding the concepts being presented. At the end of each unit, you will be required to submit written assignments for assessment purposes. At the end of the course, you will write a final examination. Course Materials The major materials you will need for this course are: (i) Course guide. (ii) Study units. (iii) Assignments file. (iv) Relevant textbooks including the ones listed under each unit (v) You may also need to visit the varied arms of the criminal justice system. (vi) As a beginner, you need to read newspapers and interact with other mass media as often as possible. Study Units In this course there are twenty units, divided into four modules, (five in each module). Below are the units: Module 1 Unit 1: Definition of Security Unit 2: Types of Security Unit 3: Meaning of Types of Private Security Unit 4: Origin and Development of Private Security Unit 5: Reasons for the growth of Private Security Sector Module 2 Units 1: Legal framework of Private Security Company Units 2: Organisation of Private Security Company Units 3: Prospect and Limitations of the Private Guard Companies Act (1986) To the Effective Operations of Private Security Companies In Nigeria. Units 4: Training and Development Units 5: Equipments and Other Accessories Module 3 Unit 1: Functions of Private Security Unit 2: Risk Analysis and the Security Survey Unit 3: Challenges and Problems of Private Security Service Unit 4: Computer and Information Security Unit 5: Nigerian Security and Civil Defence Corps (NSCDC ) ACT NO 2 of 2003 Module 4 Unit 1: List of Private Security Companies in Nigeria Unit 2: Conflict Management in Private Security Service Unit 3: Relationship between Police and Private Security Operatives in Nigeria Unit 4: Regulation and Recommendation of Private Security Service in Nigeria 6 Unit 5: Specific Security threat Textbooks and References Certain books have been recommended in the course. You may wish to purchase them for further reading. Assessment File An assessment file and a marking scheme have been made available to you. In the assessment file, you will find details of the assignments you must submit to your tutor for marking. There are two aspects of the assessment of this course; the tutor marked assignment (TMA) and the written examination. The marks you obtain in these two areas will make up your final marks. The assignment must be submitted to your tutor for formal assessment in accordance with the deadline stated in the presentation schedule and the Assignment file. The work you submit to your tutor for assessment will count for 30% of your total score. Tutor Marked Assignments (TMAs) You will have to submit a specified number of the Tutor Marked Assignments (TMAs). Every unit in this course has a tutor marked assignment. You will be assessed on four of them but the best three performances from the Tutor Marked Assignments (TMAs) will be used for your continuous assessments (C/A) which is 30%. When you have completed each assignment, send it together with a Tutor Marked Assignment form, to your tutor. Make sure each assignment reaches your tutor on or before the deadline for submissions. If for any reason, you cannot complete your work on time, contact your tutor for a discussion on the possibility of an extension. Extensions will not be granted after the due date unless in exceptional circumstances. Final Examination and Grading The final examination will be a test of three hours. All areas of the course will be examined. Find time to read the unit all over before your examination. The final examination will attract 70% of the total course grade. The examination will consist of questions, which reflects the kinds of self assessment exercises and tutor marked assignment you have previously encountered. And all aspects of the course will be assessed. You should use the time between completing the last unit, and taking the examination to revise the entire course. Course Marking Scheme This table shows how the actual course marking is broken down. Assessment Marks Assignments (Best Three Assignments out of Four) = 30% 7 Final Examination = 70% Total = 100% Presentation Scheme The dates for submission of all assignments will be communicated to you. You will also be told the date for the examinations. Course Overview and Presentation Schedule Unit Title of work Weeks Activity Course Guide Module 1 Unit 1 What is Security Week 1 Assignment 1 2 Types of Security Week 1 Assignment 2 3 Meaning and Types of private Security Week 2 Assignment 3 4 Origin and Development of Private Week 2 Assignment 4 Security 5 Reasons for the growth of Private Week 3 Assignment 5 Security sector Module 2 1 Legal framework of Private Security Week 4 Assignment 1 Company 2 Organisation of Private Security Week 4 Assignment 2 Company 3 Training and Development Week 5 Assignment 3 4 Week 6 Assignment 4 5 Equipments and Accessories Week 7 Assignment 5 Module 3 1 Functions of Private Security Week 7 Assignment 1 2 Risk Analysis and the Security survey Week 8 Assignment 2 8 3 Challenges and Problems of Private Week 8 Assignment 3 Security Service 4 Computer and information security Week 9 Assignment 4 5 Nigerian Security and Civil Defence Week 9 Assignment 5 Corps ( NSCDC) Act No 2 of 2003. Module 4 1 List of Private Security Companies of Week 10 Assignment 1 Nigeria 2 The Conflict and Conflict Management Week 10 Assignment 2 in of Private Security Service 3 Relationship between Police and of Week 11 Assignment 3 Private Security Service in Nigeria 4 Regulation and Recommendation of Week 11 Assignment 4 Private Security Service in Nigeria 5 Specific security threat Week 12 6 Revision Week 13 Assignment 1 7 Examination Week 14 Assignment 2 9 How to Get the most from This Course In distance learning, the study units replace the university lecture. This is one of the great advantages of distance learning; you can read and work through the designed study materials at your own pace, and at a time and place that suits you best. Think of it as reading the lecture instead of listening to the lecturer. In the same way a lecturer might give you some reading to do, the study units tell you where to read, and which are your text materials or set books. You are provided exercises to do at appropriate points, just as a lecturer might give you an in-class exercise. Each of the study units follows a common format. The first item is an introduction to the subject matter of the unit, and how a particular unit is integrated with the other units and the course as a whole. Next to this is a set of learning objectives. These objectives let you know what you should be able to do by the time you have completed the unit. These learning objectives are meant to guide your study. The moment a unit is finished, you must go back and check whether you have achieved the objectives. If this is made a habit, then you will significantly improve your chances of passing the course. The main body of the unit guides you through the required reading from other sources. This will usually be either from your set books or from a reading section. The following is a practical strategy for working through the course. If you run into any trouble, do not hesitate to call and ask your tutor for help. Always remember that your tutor’s job is to help you when you are in need of assistance. 1. Read this Course Guide thoroughly, it is your first assignment. 2. Organize a Study Schedule. Design a ‘Course Overview’ to guide you through the course. Note the time you are expected to spend on each unit and how the assignments relate to the units. Whatever method you choose to use, you should decide and write in your own dates and schedule of work for each unit. 3. Once you have created your own study schedule, do everything to stay faithful to it. The major reason why students fail is that they get behind with their course work. If you get into difficulties with your schedule, please, let your tutor know before it is too late to help. 4. Turn to Unit I, and read the introduction and the objectives for the unit. 5. Assemble the study materials. You will need your set books and the unit you are studying at any point in time. As you work through the unit, you will know what sources to consult for further information. 6. Keep in touch with your study centre. Up-to-date course information will be continuously available there. 7. Well before the relevant due dates (about 4 weeks before due dates), keep in mind that you will learn a lot by doing the assignment carefully. They have been designed to help you meet the objectives of the course and, therefore, will help you pass the examination. Submit all assignments not later than the due date. 8. Review the objectives for each study unit to confirm that you have achieved them. If you feel unsure about any of the objectives, review the study materials or consult your tutor. 9. When you are confident that you have achieved a unit’s objectives, you can start on the next unit. Proceed unit by unit through the course and try to pace your study so that you keep yourself on schedule. 10. When you have submitted an assignment to your tutor for marking, do not wait for its return before starting on the next unit. Keep to your schedule. When the assignment is 10 returned, pay particular attention to your tutor’s comments, both on the tutor-marked assignment form and also the written comments on the ordinary assignments. 11. After completing the last unit, review the course and prepare yourself for the final examination. Check that you have achieved the unit objectives (listed at the beginning of each unit) and the course objectives (listed in the Courses Guide). Facilitators/Tutors and Tutorials Information relating to the tutorials will be provided at the appropriate time. Your tutor will mark and comment on your assignments, keep a close watch on your progress and on any difficulties you might encounter and provide assistance to you during the course. You must take your tutor- marked assignments to the study centre well before the due date (at least two working days are required). They will be marked by your tutor and returned to you as soon as possible. Do not hesitate to contact your tutor if you need help. Contact your tutor if: You do not understand any part of the study units or the assigned readings You have difficulty with the exercises You have a question or problem with an assignment or with your tutor’s comments on an assignment or with the grading of an assignment. You should try your best to attend the tutorials. This is the only chance to have face-to-face contact with your tutor and ask questions which are answered instantly. You can raise any problem encountered in the course of your study. To gain the maximum benefit from course tutorials, prepare a question list before attending them. You will learn a lot from participating in discussion actively. Summary The course guide gives you an overview of what to expect in the course of this study. The course teaches you the basic principles of news reporting and writing, and how these principles can be applied. It also acquaints you with the legal and ethical rules guiding your job as a reporter. We wish you success with the course and hope that you will find it both interesting and useful. 11 MODULE 1 Unit 1: What is Security? Unit 2: Types of Security Unit 3: Meaning and Types of private Security Unit 4: Origin and Development of Private Security Unit 5: Reasons for the growth of Private Security sector UNIT 1: WHAT IS SECURITY? 1.0 Introduction 2.0 Objectives 3.0 Main Content 4.0 Conclusion 5.0 Summary 6.0 Tutor Marked Assignment 7.0 References / Further Reading 1.0 Introduction The issue of security remains important to the continued socio-economic survival of any people (Hyden, 1995). It is for this reason that there have been different efforts by stakeholders especially government to develop frameworks in advancing the security of people and mitigating various threats both human and non-human that can undermine the wellbeing of the people in any community. The issue of security management has nevertheless experienced a shift from its traditional conception as an exclusive function of government (Hobbes, 1962) to a more accommodating security sector that encourages participation of private security organization and citizens in security planning and practice. 2.0 Objectives At the end of this unit, you should be able to: Define the term security Examine concepts in security Discuss importance of security 12 3.0 Main Content 3.1 Definition of Security The word security emanated from the Greek word se-cura, meaning to be in a state of no fear. Security is the protection of life and property of a person. The concept of security keeps changing from its original conceptualization. Traditionally, the state is the custodian and ultimate beneficiary of the monopoly use of violence especially if we consider the intellectual view(s) of some theorists like Thomas Hobbes (1962), Max Weber etc. Thomas Hobbes (1962) argued that the essence of a state is to guarantee the security of lives and property and ensure law and order through its political sovereignty and monopoly of violence. Security is the degree of protection against danger, damage, loss, and criminal activity. Security as forms of protection is structures and processes that provide or improve security as a condition. The Institute for Security and Open Methodologies (ISECOM) in the OSSTMM defines security as "a form of protection where a separation is created between the assets and the threat". This includes but is not limited to the elimination of either the asset or the threat. Security as a national condition was defined in a United Nations study (1986), so that countries can develop and progress safely. But in contemporary times, the definition of security goes beyond the traditional military ways of protecting the state against internal and external aggression. The fact is that since the end of the cold war, security management has assumed a new dimension. External threat to security resulting from international hostilities and aggression that characterized the cold war era has been replaced with non-traditional security threats like information warfare, drug trafficking, nuclear pollutions, disease epidemics like HIV-AIDS, corruption, human trafficking (internal) insurgency, among others (Kasah, 2009). Although the term security has been used in previous pages without question, there is no universal agreement on a definition. But there is basic meaning of security among them, simply denoting the protection of lives and property. The following definitions of security considered important: (1) It is an all-encompassing condition in which individual citizens live in freedom, peace and safety; participate fully in the process of governance; enjoy the protection of fundamental rights; have access to resources and the basic necessities of life; and inhabit an environment which is not detrimental to their health and well being (South Africa while Paper on Defence, 1996). 13 (2) It is also the degree of protection against danger loss and criminals. (3) It is the protection of a person, property or organization from an attack. There are people who have distorted motivations to perform such attacks. The types of protection include prevention, response and pre-emptive attacks. Security concepts Certain concepts recur throughout different fields of security: Assurance - assurance is the level of guarantee that a security system will behave as expected Countermeasure - a countermeasure is a way to stop a threat from triggering a risk event Defence in depth - never rely on one single security measure alone Exploit - a vulnerability that has been triggered by a threat - a risk of 1.0 (100%) Risk - a risk is a possible event which could cause a loss Threat - a threat is a method of triggering a risk event that is dangerous Vulnerability - a weakness in a target that can potentially be exploited by a threat security THE IMPORTANCES OF SECURITY 1. The objective of human security is to protect the vital core of all human lives. (instead of the word ‘protect’ we can also use shield, guarantee, defend, maintain, uphold, preserve, secure, safeguard, etc). 2. The objective of human security is to protect the vital core of all human lives from critical pervasive threats in a way that is consistent with long-term human fulfillment. (initial definition was this). 3. The objective of human security is to guarantee a set of vital rights and freedoms to all people, without unduly compromising their ability to pursue other goals. 4. The objective of human security is to create political, economic, social, cultural, and environmental conditions in which people live knowing that their vital rights and freedoms are secure. 14 5. The objective of human security is to keep critical pervasive threats from invading the vital core of human lives (Alkire, 2003). 4.0 CONCLUSION From this unit, student of criminology should have a broader knowledge of what is Security. The concept of security has undergone a change from its original conceptualization. Traditionally, the state is the custodian and ultimate beneficiary of the monopoly and usage of violence as a form of security. The use of violence by the state however has proved less effective in the management of security, as focus in now being shifted to providing empowerment for the people as an alternative strategy which guarantees a wider range of security. 5.0 SUMMARY We have been able to explain the meaning of security. We highlighted various definitions of security as given by different scholars and both concepts and importance of security were explained. 6.0 Tutor- Marked Assignment Explain three of the following security concepts: a) Assurance, b) Risk, c) Exploit, d) Vulnerability, e) Threat , f) Counter measure. 7.0 References / Further Reading Wikipedia, the free encyclopedia last modified on 5 April 2011 Alkire, S. (2003) A Conceptual Framework for Human Security Centre for Research on Inequality, Human Security and Ethnicity, CRISE Queen Elizabeth House, University of Oxford 15 UNIT 2: TYPES OF SECURITY 1.0 Introduction 2.0 Objectives 3.0 Main Content 4.0 Conclusion 5.0 Summary 6.0 Tutor Marked Assignment 7.0 References / Further Reading 1.0 INTRODUCTION Security is the requirement to maintain the survival of the state through the use of economic, military and political power and the exercise of diplomacy. The concept developed mostly after World War II. Initially focusing on military might, it now encompasses a broad range of facets, all of which impinge on the military or economic security of the state and the values espoused by the society. In order to possess national security, a nation needs to possess economic security, energy security, environmental security, etc. Security threats involve not only conventional foes such as nation-states but also non-state actors such as terrorist organizations, narcotic cartels and multi-national organizations; some authorities including natural disasters and events causing severe environmental damage are in this category. 2.0 OBJECTIVES At the end of this unit you should be able to: Understand the various types security.. There are different types of security as listed below: IT realm Application security Computing security Data security Information security Network security 16 Physical realm Airport security Port security/Supply chain security Food security Home security Hospital security Physical security School security Shopping centre security Infrastructure security Political Homeland security Human security International security National security Public security Monetary Financial security 1. Physical Security Physical security concerns itself with those means by which a given facility protects itself against theft, vandalism, sabotage, unauthorized entry, fires, accidents and natural disaster. A faculty means a plant, building, office, institution or any commercial or industrial structures and functions that are part of integrated operations. It is defined as the measures used to provide physical protection of resources against deliberate and accidental threats. It can be defined as the protection of personnel, hardware, programs, networks and data from physical circumstances and events that could cause serious losses or damage to an enterprise, agency or institution. This includes protection from fire, natural disasters, burglary theft, vandalism and terrorism. In this century, it is very clear that old devices may be functional but the use of the burglar alarm and padlocks may not be enough in a good security program. Good systems combine access controls with advanced security technologies such as intrusion detection, video monitoring, smart cards 17 and biometrics which are integrated systems within a company’s computer network. These give an excellent total asset protection program. Physical security planning includes protection of (1) the grounds around the building (2) the buildings perimeter (3) the building’s interior and (4) its contents. 2. Information Security Information security can be defined as a means of protecting information systems from any illegitimate access and use, theft, amendment or malicious attacks or penetration. It can also be described as the process by which an organization protects and secures its systems, made and facilities that process and maintain information vital to its operations. The increasing complexity of the modern state and sophisticated nature of contemporary business environment and corporations underscore the importance in mounting relevant mechanisms towards the protection of information and information system. 3. Infrastructure Security Infrastructure security can be described as that aspect of security designed purposely to provide protection for specific infrastructure particularly those infrastructure considered critical. The examples of critical infrastructure may include airports, seaports, railways, network communications, general hospitals, banks, central banks, armoires, dams, oil refineries, highways and bridge. It is important to note that any damage done to these critical infrastructures will have far-reaching effects on the economy and overall security of a country. Threats which can damage infrastructure are (1) sabotage, (2) terrorism (3) natural disaster (4) information warfare. With the events of September 11, 2011, the U.S. and world community became aware of the power of terrorism as a tool of war. The magnitude of the attack on the world trade Centre has proved that there is need for protection of critical infrastructure. In the Niger- Delta areas of Nigeria, adequate infrastructural security provided for the pipeline and refineries by the federal government have reduced subsequent threats and attack. 18 4. Computer System Security Along with computer software, the security of hardware and its components is also essential for overall data protection. Even if the computer is not in use or plugged into a network, as anyone can access the hard disk, which can later be used on some other computer for the theft of data 5. Economic security Assured basic income: access to employment and resources. 6. Food security Physical and economic access to food for all people at all times: Hundreds of millions of people in the world remain hungry either through local unavailability of food or, more often, through lack of entitlements or resources to purchase food. 7. Health security Access to medical treatment and improved health conditions: Poor people in general have less health security and in developing countries, the major causes of death are infectious and parasitic diseases. 8. Environmental security Living in a healthy physical environment, spared from desertification, deforestation and other environmental threats that endanger people’s survival. 9. Personal security Individual security from physical violence: Threats can take several forms, for example: threats from the State, foreign states, other groups of people (ethnic tension), individuals or gangs; threats directed against women or children based on their vulnerability and dependence; threats to self (e.g. suicide, drug use, etc.). 10. Community security Most people derive their security from membership of a social group (family, community, organisation, political and ethnic group, etc.). Tensions often arise between these groups due to competition over limited access to opportunities and resources. 11. Political security Living in a society that guarantees basic human rights and freedom of expression. 19 4.0 CONCLUSION From this unit, students of criminology are expected to know the types of Security. During the cold war, majority of war at that time were international but now political strife, insurgencies and civil wars plague most of the countries. The truth is that most of these internal wars are created by economic deprivation; inter religious violence, ethnic rivalry, maladministration among others. 5.0 SUMMARY From this unit, students of criminology should be able to know the various types of Security ranging from Computing security, Data security, Information security, Network security, Airport security, Port security/Supply chain security, Food security, Home security, Hospital security, Physical security, School security, Shopping centre security, Infrastructure security, Homeland security, Human security, International security, National security, Public security, and Financial security. 6.0 Tutor- Marked Assignment List all types of Security and discuss only four of them. 7.0 References / Further Reading http://www.suite101.com/content/different-types-of-computer-security- a293034#ixzz1J09yNMxi 20 UNIT 3 MEANING AND TYPES OF PRIVATE SECURITY 1.0 Introduction 2.0 Objectives 3.0 Main Content 4.0 Conclusion 5.0 Summary 6.0 Tutor Marked Assignment 7.0 References / Further Reading 1.0 Introduction The private security industry comprises those actors who provide security for people and property under contract and for profit. Worldwide, the industry is experiencing a period of rapid growth, with valuable contribution to the provision of security. It is important to understand the term private security and the different types therein. 2.0 Objectives At the end of this unit, you should be able to: Define the term Private security Mention types of Private Security companies 3.0 Main Content There is no universal agreement on the definition of private security, although several attempts have been made to give acceptable definitions. Private security includes 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. It is argued that the profit motives and the sources of profits are basic element of private security but it hardly seems acceptable as a general definition. Private security according to Howe (1998) is a board grouping. It is an industry that operates only on a global market, organized along corporate lines and showing signs of growth rather than 21 contraction (Small, 2006). In other words, private security is an industry that operates along corporate lines and provides security services that are largely independent of the state. Private security seeks to protect against hazards which are commonly divided into man-made and natural. Natural hazards may include fire, windstorm, flood, earthquake and other acts of nature that could result in building collapse, equipment failure, accidents and safety hazard. It should be noted that fire is also quite often man-made, intentionally or unintentionally, while man-made hazards may include crimes against the person (for example, robbery or rape) or crimes against property (theft and pilferage, fraud and embezzlement). In addition, man also creates problems through espionage and sabotage, civil disturbances, bomb threats, fire and accidents. The term private security refers to security services provided to clients by non-state agencies. It is a new concept in Africa and its growth has been facilitated by the desire to reduce the burden on state agencies of protecting their citizens. Inadequate resources to equip state organs for their principal role of protecting the security of their citizens have also been a major decision driver in the growth of the sector. Another reason has been the increase in numbers of the propertied class that need a secure environment in order to continue investing. An examination of the circumstances of the growth of the private security sector reveals that private security has benefited only wealthy people and business that can afford to pay the bills of the forms or personnel that provide the security. People in rural area are still exposed to the security dangers and risk that prevailed before its privatization. The privatization of security has now become a global phenomenon. From the beginning of the 21st century the world has witnessed an accelerated break down of the nation state monopoly on violence and the emergence of market place purveyors of armed forces (Shreier and Caparin, 2005). This is owning to a number of factors, including general human insecurity, the end of the cold war, the globalization phenomenon, the marketisation of the public sphere, the downsizing of armed forces, the professionalization of armed and police force, the drive for profit maximization, the liberalization of the arms trade, the general unending African conflicts and the events of 9/11. In the contemporary world, the privatization of security has swept throughout the globe to an unprecedented magnitude that is no longer possible to ignore, let alone comprehend. 22 Types of Private Security The Private Security Sector is divided into two categories Private Military Companies (PMCs), sometimes referred to as Privatized Military Firms (PMFs) and Private Security Companies (PSCs). According to Small (2006:14), PMCs and PSCs represent the contemporary forms of private security. Schreier and Caparini (2005:2) define PSCs as ‘companies that specialize in providing security and protection of personnel and property including humanitarian and industrial assets. To Small (2004:7), PSCs may be defined as having the ability to provide a proximate capacity for violence, that is, they provide defensive security service, equipment and training to (mostly) Multinational Corporations, businesses humanitarian agencies and individuals. Singer (2003:8) who prefers to call them ‘Corporate Warriors’ defines PMFs as ‘business organizations that trade in professionals services intricately linked to warfare’. PMFs therefore constitute private business-oriented and profit driven warriors who offer diversified professional services bordering on security issues. Schreier and Caparini (2005:2), PMCs are private companies that specialize in military skills, including combat operations strategies planning, intelligence collection, operational support, logistics, training, procurement and maintenance of arms and equipment. Small (2008:8) further argues that PMCs ‘possess an’ immediate capacity for violence, that is, they offer more active offensive or tactical military and security service, equipment, advice and training. Furthermore, they are more combat oriented and are contracted mainly by states or recognized governments to augment their national military capabilities and specialization. Wairagu et al (2004:17) state that PMCs are better described as private mercenary contractors, which are corporate entities comprising military and intelligence entrepreneurs whose activities incorporate the provision of multi-purpose security-related products and services. PSCs are sometimes subsidiaries of PMCs, and the relationship between firms is interwoven. Small (2006:8) contends that the division between the services offered by PCSs and PMCs is somewhat flexible because they are often affiliates of one another. For the reason PSCs and PMCs are frequent treated as one grouping, the private security industry, which is capable of operating at domestic and international level independent of the state. Therefore PSCs cannot be treated in isolation from PMCs. What determines their specific nametag is their level of engagement and the common dominator remains the promotion of security. By the same token, as soon as the 23 common denominator ‘flips’’ they become something else, as the promotion of security is no longer present. The private security sector is also characterized by what many writers refer to as private policing. In an attempt to shed some light on what private policing entail. John (2005: 378-279) divides it into four categories: protective policing; intelligence policing; publicly contracted policing and corporate policing. Mercenaries This is another type of private security. A mercenary is a person who takes part in an armed conflict or hostilities essentially by the desire for private. It is defined as anyone who, not being national of the state against which his actions are directed; is employed, enrols or links himself willingly to a person, group or organization. Contract and Proprietary Services Private security can also be divided into contract and proprietary services. Proprietary security operations are those that are “in-house” or controlled entirely by the company establishing security for its operations. For example, most state and federal government corporations operate private security services. Contract security services, on the other hand, are those operations provided by a professional security company that contracts its services to a company. For example, banks enter agreement with the private security companies to provide specific security services. There is another type of private security called hybrid systems. Hybrid system is the combination of propriety management and contractual line services. For hybrid programme to be successful according to Fischer and Green (2004), all parties to the contract must be willing to communicate openly with each other. A good hybrid security operation consists of four components. (1) incorporation (2) consistent contract management support (3) periodic reviews (4) accurate quality measurements. The choice between the first two types of services (proprietary security operations and contract security services) can be made by considering the advantages of each of them. 24 Advantages of Contract Services 1. Cost It is economical compare with proprietary security services. Liability insurance, payroll taxes, uniforms and equipment and the time involved in training, sick leave and vacations are all extra cost factors that must be considered in deciding on whether to establish a proprietary force. Contract guards generally received fewer fringe benefits. 2. Administration Hiring contract guards helps in the development and the administration of a recruitment program, personnel screening procedures and training programmes. Hence there is little question that the administration chores are substantially decreased when a contract services is employed. 3. Staffing In-house forces rarely have flexible staffing. But it easier to have contract guards and lay them off when the need arises. 4. Unions Contract guards do not have union and not likely to go out on strike, are less apt to sympathize with or support striking employees but most unionized guards are proprietary personnel. 5. Impartiality It is often suggested that contract guards can more readily and more effectively enforce regulations than in-house personnel. Hence it produces a more consistent and impartial services. 6. Expertise When clients hire a guard service, they also hire the management of that service to guide them in their overall security program, thereby providing expertise advice to the management. Advantages of Propriety Guards 1. Quality of Personnel Proponents of proprietary guards systems argue that the higher pay and fringe benefits offered by employers as well as the higher status of in-house guards attracts higher-quality personnel. 2. Control Managers have much greater degree of control over personnel of in-house guards especially when they are directly on the firm’s payroll. The presence of contract supervisors between 25 guards and client management can interfere with the rapid, accurate flow of information either up or down. 3. Loyalty It is argued that in-house guards develop a keener sense of loyalty to the firm they are protecting than do contract guards. 4. Prestige Many managers simply prefer to have their own people on the job. They feel that the firm gains prestige by building its own security force to its own specifications rather than by renting one from outside. 4.0 CONCLUSION Inability of the government to adequately provide for the security of all and sundry brought about the development and the growth of private security companies. Although the main motive of Private Security Companies like other business ventures is to make profit. It has become a global phenomenon although its growth reveals that it has benefited only the wealthy people and business empires that can afford to pay the bills of the personnel or companies that provide the security. 5.0 SUMMARY In this unit, we have been able to define the term private security. We also mentioned the types of private security companies. Attention was given to the advantages of the contract services and that of propriety guards. 6.0 Tutor-Marked Assignment Mention and explain some types of private security. 7.0 References/Further Readings Richards A and Smith, H. (2007) the role of private security companies with Security Sector Reform Programmes Journal of Security Sector Management. 26 Fischer, R. J and Green, G. (2004) Introduction to Security. Burlington, Butter worth Heinemann. Shreier, F and Caparini, M (2005) Privatising Security, Law, Practice and Governance of Private Military and Security Companies: Geneva Centre for the Democratic control of Armed Force. Occasional paper No 6 (march 2005) 27 UNIT 4 ORIGIN AND DEVELOPMENT OF PRIVATE SECURITY SERVICE 1.0 Introduction 2.0 Objectives 3.0 Main Content 4.0 Conclusion 5.0 Summary 6.0 Tutor Marked Assignment 7.0 References / Further Reading 1.0 INTRODUCTION “Security is now the second largest money-spinner in Nigeria, surpassed only by oil and gas”. This statement by a long-standing observer of Nigerian politics is striking, especially given that Nigeria is Africa’s most populous country and the world’s seventh largest oil producers. While a lack of statistics and information make this claim impossible to verify completely, there is no doubt that the private security industry has grown rapidly in recent years. Private security personnel are highly visible around the country, guarding businesses, homes and neighbourhoods and advising transnational companies and embassies on risks and dangers to their assets and employees. Security has thus become a major part of the nation’s economy (Abrahamsen and Williams 2005). 2.0 OBJECTIVES At the end of this unit, you should be able to give brief history and development of private Security Service in Nigeria. 3.0 Main Content The Development of Private Security Service in Nigeria. The involvement of private players in the management of security locally and internationally has become phenomena in recent times. Considering the historical development of private security companies in Nigeria, one will not agree that the presence and activities of private security guards laid the foundation for the emergence of private security companies in Nigeria. The use of guards working individually or those commissioned by unregistered private security companies had been in existence prior to the nation’s independence. The use of thugs or some party members for private security became noticeable at independence and this habit has continued till 28 date in Nigeria. Nigeria Investigation and Security Company (NISCO), the first private security outfit providing uniformed guards in Nigeria came into being in 1965, and since then the number of existing private security firms has drastically increased. The recruitment of party thugs as personal security by politicians prior to 1966 coup (led by Major Kuduna) and their brutal operations ( excessive use of force) necessitated the clamour to dissolve them. Ohonbamu (1962) describes the situation thus “in the Western Region there were mass recruitment into the local force of party thugs and stalwarts for security people against the police whom were supposed to be giving protection to law abiding citizen’’. The expansion of private property in Nigeria and African generally is a key factor in the growth of private security in both size and profile, as property owners have recognized the commercial benefits of employing their own security forces. They are not only able to specify the functions performed by the security staff, but to empower them to uphold conditions of access to their properties and to exclude any unwanted visitors. This is permitted in common law countries as the law bestows on property owners the right o decide who may have access to their properties or premises. For the mass private property owner, efficient use of private security services can be made due to economies of scale and a relative immunity to a free rider effect in their investment in security. Apart from this, as Stemming (1988) argues, for the commercial user of private security, any policing strategy must be proven cost-effective, since a business will not adopt a security solution more costly than the problem. In general, therefore, corporations will seek to prevent a loss rather than try to recover the loss after it has occurred and to change the situation in which any problems occur rather than to draw on the slow and costly criminal justice process in pursuit of sanctions. Thus, private security personnel and the security hardware that they have at their disposal (such as radio communication and closed circuit television (CCTV) technology), have become fundamental to the successful governance of such territories, enabling a pre- emptive approach to security in contrast with the reactive style of state police agencies. The demand for security and inability of the public security agents to meet the security needs of various segments of the public have necessitated the growing acceptance being enjoyed by private security guards in the country. The services of private security guards have continued to be sought by individuals and corporate bodies to safeguard the security of their lives and 29 properties. Paucity of funds has made it difficult for government in Nigeria to have adequate size of police and armed forces. The size of police personnel is highly insufficient to meet the security needs of the people. This situation has led to the privatization of public security agents especially the police. The commoditization of police services in the country has further complicated the problem of inefficiency of the police in the discharge of their duties. This situation reinforces the disconnection between public safety and policing in Nigeria. The interest and security of the elite, a few wealthy individuals and organizations have remained basic preoccupations of Nigeria police. It is worrisome that despite government ban on militia groups, they have continued to be popular among several ethnic groups especially in South-Western Nigeria; proving for the security needs of the people. Many wealthy individuals, organizations and communities often seek the services of Oodua Peoples Congress (OPC) guards to provide alternative security for them when the public security sector has failed to live up to expectations. It was even an indictment on Nigerian Police and Federal Government by a former Lagos State Governor, Bola Tinubu. In reacting to the armed robbery attack of retired Justice Fatai Williams, declared that ‘if Nigeria Police Could not address the problem of rising incidences of violent crime, particularly armed robbery and assassination, he would have no choice other than employing the services of Odua Peoples Congress to Mitigate various activities of Criminals (The Post Express, June 14, 2000). Nevertheless, security has thus become a major part of the Nigerian economy and it is estimated that there are currently between 1500 and 2000 Private Security Companies (PSCS) in Nigeria, with more than 100,000 on their pay roll serving as guards (Abrahamsen and Williams, 2005). As it were, there is no adequate official record concerning the number of Private Security Companies existing in the country till date. The reason is that many of the existing private security outfits are not registered and their activities are not regulated. Statistically, the major private security companies in Nigeria include prudential security (having almost 9000 guards with operation covering the entire country). Halogen security (having nearly 4, 000 guards) as well as few other companies like Bemil security and Corporate Guards. The largest non-indigenous or foreign Private Security Company in the country is group 4 securicor’s partner Outsourcing Services Ltd (OSL) having its operation in all states of the federation with 30 staff strength of about 3, 000 guards. Apart from the large retinue of police and armed forces, many oil companies often contract the services of number of private security guards from both within and outside the country to argument the activities of public security agents, with the aim of adequately reducing the impact of the risks that may emanate from any unforeseen attack that can pose a threat to the general security of these companies. The importance of the complementary roles being played by private security guards is emphasized by many of these oil companies. For instance, oil companies like Exxon Mobile and Shell usually employ a sizeable number of private guards who are trained by the Nigeria Police as Spy police (Abrahamsen and Williams 2005). Apart from intelligence activities, trained guards may be mandated to perform some other tasks including security of infrastructural facilitates of their employers. The spy police in Shell, Exxon Mobile and Chevron Texaco alone are more than two thousand. Due to non-permission of private security guards to carry arms like gun in Nigeria, a number of clients often employ the services of public security agents to the relevant authorities, so that they can have armed-unit that will fortify the activities of private security. Many embassies, oil companies and other organizations complement the services of private security guards (which do not involve the use of arms) with that of the police. Often they also seek the services of mobile police to provide armed support for the general security operations. For instance, in Shell alone, there is nothing less than 600 Mobile Policeman in its operations to complement activities of private security guards on its pay-roll (Abrahamsen and Williams, 2005). The growth of Private Security Companies as well as the number of personnel therein is very much evident not only in Nigeria but also in other part of the globe particularly in Eastern Europe, Middle-East and other Africa countries (Howe, 1998). 4.0 CONCLUSION It has been agreed globally that the development of private security companies in world has been beneficial to most people, corporate bodies and civil societies. This is not to say that the security situation has improved drastically. Security is therefore a continuous process. 5.0 SUMMARY From this unit, students of criminology should be able to give brief history and development of private Security Service in Nigeria.The development started with use of guards 31 working with individual to the current status of registered private security companies in Nigeria today. 6.0 TUTOR-MARKED ASSIGNMENT Discuss the development of private security services in Nigeria. 7.0 REFERENCES/FURTHER READINGS Abrahamsen R. and Williams, M. C. (2005), The Globalisation of Private Security. A Country Report of Nigeria. Globalisation of Security Research Project (Department of International Politics, University of Wales, Aberyswyth) and the New Security Challenge Programme (ESRC, U. K.). Keku, P. and Akingbade, T. (2003) Industrial Security in Nigeria, Challenges and Prospects for the 21st Century, (Lagos). Ohonbamu, O. (1972) The Dilemma of Police Organisation under a Federal System: The Nigeria Example The Nigeria Law Journal (6): 73-87 The Post Express, June 14, 2000. 32 UNIT 5: REASONS FOR THE GROWTH OF PRIVATE SECURITY SECTORS 1.0 Introduction 2.0 Objectives 3.0 Main Content 4.0 Conclusion 5.0 Summary 6.0 Tutor Marked Assignment 7.0 References / Further Reading 1.0 INTRODUCTION In the last decade, commercially organized security personnel have become an increasingly common sight around the world, from protecting shopping malls, to providing convoy security for banks and other financial companies. They are increasingly visible in major companies in urban centres. They form a complex web of commercial providers of protection services, operational support in combat, intelligence, interrogation. In this unit we will deal with special aspect of private security service, the reason for the growth and increasing expansion of private security. 2.0 OBJECTIVES At the end of this unit, you should be able to: Give reasons for the growth of private Security Service in Nigeria 3.0 MAIN CONTENT 3.1 Reasons for the Growth of Private Security Sector The forces behind the growth of the private security industry are many. The following are the factors responsible for the rapid growth of the private security sector: (1) Human Insecurity General human insecurity has been one of the major factors that have been a serious threat to Africa society. A lot of threats have always rendered African society insecure such as colonialism, tribal conflicts, border conflict, disputes over mineral resources, terrorism genocide, 33 wars, foreign domination, post-colonialism, apartheid etc. General insecurity at the domestic level is usually in the terrain of PSCS while the PMCS addresses insecurity at the international level. (2) The End of The Cold War Human insecurity was intensified after the end of the cold war. Many shared the sentiment that the dramatic growth of the private security sector in Africa is an aftermath of the cold war. Singer (2003:9) declared that “the resultant effect on the supply and demand of military services created a ‘security gap’ that the private market rushed in to fill. (3) Globalization Globalization according to Tyetzlaff (1998) is widely seen as the expansionist takeover of the present-day developing countries by the Western Market-Model in the course of which traditional cultures disappear, the systems associated with a capitalist market-economy and formal democracy are disseminated and the less developed economies are forcibly integrated into a world market dominated by the industrial countries. Globalization allows the rich nations and corporation to get richer because they have the capital and power to enforce trade agreements that favour their interest and which further the emergence of a new order from which many countries in Sub-Sahara Africa are excluded because they cannot compete effectively. Hence capital, power and the need for profit maximization that characterize the notion of globalization apply equally to the unprecedented growth within the Private Security Sector. (4) The Marketization of the Public Sphere In the contemporary climate, there is a growing trend for marketization of the public sphere. Many governments opt to outsource some of their responsibilities for a number of reasons. For instance, learner governments engendered by policies associated with World Bank and International Monetary Fund, find themselves obliged to adopt a marketization of public sphere approach. Further, governmental departments may be incapable of undertaking some of their responsibilities or they may opt to outsource because of economic viability. By marketing their responsibilities in this way, governments are seen to be ineffective in terms of the delivery of services to their citizens. The private security addresses the ability or neglect of the state to provide protection for its citizens. (5) The Downsizing of Armed Forces 34 Schveler and Caparini (2005:4) stated that, owing to financial constraints, many western forces have focused on redefining and maintaining only core competencies and resort to outsourcing non-core activities to the private security sector. This trend has been followed in Africa especially where the state lack the technical know-how so far as security matters are concerned. The practice of outsourcing services meritably leads to the armed forces being downsized. The downsizing of the armed forces to a large extent has inevitably affected the military structure in some countries. In the South African Defence Force (SADF), for instance, a considerable number of white defence personnel were left unemployed and were later absorbed into the private security sector. (6) Profit Maximisation The private sector is organized along the capitalist mode of production. The purpose of any private security company or any private institution is first and foremost the concern on how to ensure profit maximisation. But public security has sharp contrast, from Private Security Company, which is normally paid through the collection of income tax, among other things. Zedner (2006:84) notes, ‘vast security companies seek to exploit market opportunities, expand their turnover and maximize returns to their shareholders. For this reason, some Marxian approaches have focused on the private security sector as an industry that provides ‘a legitimating’ or “buffer” function for the bourgeois state and the fiscal crisis of the state is thus considered to result in recrudescence of policing for profit. Jones and Newburn (2002:129) refer to the private sector as commercial policing since their activities are strictly commercialised, as opposed to mainstream policing. Rigado and Greener (2000:150) note that large corporate entities thus become legally responsible for the safety and security of “denizens” passing through their particular “bubbles of governance”. If these large corporations did not provide security to their customers, business would crumble. The more secure their premises the more business they get. The use of the Private Security Sector therefore, considerably increases their profit margins. (7) The Liberation of the Arms Trade Another important reason for the growth of Private Security Sector is that of arms trade liberation. International arms trade has opened up to an increasing number of buyers and sellers, which has not only permitted a larger number and broader variety of actors to access weaponry, but has also provided more and easier ways for PNICS to profit from conflicts through their involvement in the arms trade, thus facilitating arms proliferation. 35 Private security industries have often been accused of supplying weapons to African countries, participates and takes sides in conflicts (as supporters of state government or rebels in opposition). Others, participates in rendering humanitarian assistance to the victims, participates in the peacekeeping process and also readily avail themselves in the disarmament, demobilization and reintegration processes. The involvement of the private security industry in conflict zones thus become a vicious circle with far reaching implications as a force of destruction or rather fostering insecurity in many countries i n Africa and other developing countries. (8) Insecurity for humanitarian aid Workers The private security industry provides services to numerous organizations, one of which is aid. PSCs plays a major role in giving support to humanitarian aid workers in conflict zones. The greater the involvement of aid workers in humanitarian crisis situations (which are seldom safe), the greater the need for private security companies to ensure the security of humanitarian personnel and their property. The security threat that aid workers normally face in conflict zones has led public and private aid organizations and the UN organizations such as UNCHCR UNICEF, UNDP and WFP to have PMCs and PSCs to ensure the protection of their operations and personnel in unstable areas. (9) Events of 9/11 The events of 9/11 not only changed the world but also fuelled the growth of the Private Security Sector in general. Within the discourse initiated by the US on foreign policy and the consequent campaign against terrorism, brought about the need for the reinforcement of the Us military forces in fighting wars in the name of combating terrorism. As a result of this, private security organisations are partnered with to enhance the US effort in combating terrorism as well as governmental-militated operations. (10) Weak State Capacity One of the most important enabling factors for the emergence of Private Security Sector is supposedly weak state capacity and the Concomitant Security Vacuum in large parts of Africa. This means that PSCs can be seen as to product of long-term historical development rather than a phenomenon of relatively recent origin. Weak state capacity is due largely to both indigenous and colonial project of territorial statehood. The Weberian model of the modern, territorial 36 nation-state with its monopoly over the legitimate use of force has not always proved to be an appropriate way of providing security to the citizens of African states. Further reasons for weak state capacity and its decline from the late 1980s onward and throughout the 1990s are the failure of economic liberalization and structural adjustment programmes that were imposed by international donors such as the World Bank and International Monetary Fund (IMF) on developing countries. When state capacity is lacking and country’s legitimate security forces are unable to provide security, alternative security structures must be put in place. ( 11) Oil Boom With oil boom in 1970s, a lot of private properties were acquired by individuals and private organizations. Since then, many people have become involved in economic activities. Crime increased in such an environment and the need to protect lives and properties intensified. Fear of crime has driven the demand for private security services. Analysis has proved that companies using the services of PCSs have a lesser chance of being victims of burglary. The police population ratio remains very low. ( 12)The Police It has been seen that numbers of the police and population ratio is below the international ratio which is 1:400. With such a ratio coupled with inadequate resources in the police force, crisis of police inefficiency and ineffectiveness were rife, especially from the property owners. It was therefore necessary to relinquish some police functions to private security organizations as one way of addressing the problem. ( 13 )Supply and Demand Dynamics Supply and demand dynamics are fuelling the growth of the private security sector. As crime remains a high priority issue, many turn to PSCs for their protection. PSCs currently protect private homes, airports, harbours, banks, transport systems, industries and other critical areas. Given its growing dependence on the sector, as it is no nation can survive without it. 4.0 CONCLUSION Recent years have seen growing concern over the proliferation and growth of the private security sector. Africa was familiar with isolated colonial mercenaries who were hired by colonial regimes to fight against liberation movements. The Post-Cold War era has awaken the reality of 37 highly organised, corporate type companies that provide military and police services to any entity with the financial muscle to pay for their services. This reality dawned in tandem with the post-Cold War liberalisation and privatisation processes. African states, like any other state, had enjoyed a degree of control over the means and resources of violence hence are now challenged directly by the proliferation and growth of the private security sector. As a result of this development that has caught Africa napping and without a functional legal framework to curtail it, serious efforts are being made to determine the causes of this proliferation and growth as well as innovative ways to regulate it. The present study focused on how weak states and their rulers have deliberately invited the private security sector to be part of their innovative strategies for survival and compensation for weakness. 5.0 SUMMARY This chapter looks at the reasons for the proliferation and expansion of the private security sector in Africa. It focuses on general human insecurity, the end of the cold war, globalization, and the commercialization of the public sphere. 6.0 TUTOR- MARKED ASSIGNMENT Give reasons with examples for the growth of private Security Service in Nigeria. 7.0 REFERENCES/FURTHER READINGS Abrahamsen, R and Williams, W C (2005). Country report: Sierra Leone: the globalisation of private security.Project on the globalisation of Private Security, Department of International Relations, University of Aberystwyth. Sabelo J Ndlovu-Gatsheni (2007) Weak states and the growth of the private security sector in Africa: Whither the African state? Monograph No 139: Private Security in Africa, Manifestation, Challenges and Regulation, Institute for Security Studies 38 MODULE 2 Unit 1: Legal Framework of Private Security Company Unit 2: Organization of Private Security Company Unit 3: Prospect and Limitations of The Private Guard Companies Act ( 1986) To The Effective Operations Of Private Security Companies In Nigeria Unit 4: Training and Recruitment Unit 5: Equipments and Other Accessories UNIT 1: LEGAL FRAMEWORK OF PRIVATE SECURITY COMPANY 1.0 Introduction 2.0 Objectives 3.0 Main Content 4.0 Conclusion 5.0 Summary 6.0 Tutor Marked Assignment 7.0 References / Further Reading 1.0 INTRODUCTION This module examines the extent to which Private Security Companies (PSCs) are currently controlled by national regulation. In Nigeria there has been disregard for the Private Guard Companies (PGCs) Act (Cap 367) of 1986 which guides the licensing, control and administration, and Prohibited Activities, Offences and Penalties regarding PGCs. More than two decades ago, the government of Nigeria set in a motion, and passed an Act that regulates the establishment of the private guard company. Various elements of the current Act concerning the licensing process, staff identification, the weapons used and general requirements for PSC owners and staff. are obsolete and have not been reviewed. 2.0 Objectives On completion of this unit students should be able: To examine legal framework guiding the licensing of PSCs To develop an understanding of the features of the PGCs Act 39 3.0 Main Content Most private security companies are like any other corpotration, they have conventional corporate structures, operate as legal entities, and maintain Registered Office Address(es), Internet sites and corporate ties. The frequency with which concerns are raised about the legitimacy of PSC operations signals a seemingly instinctive reluctance to relinquish the state’s role as the provider of security. In the words of former UN Secretary-General, Kofi Annan, ‘the world may not yet be ready to privatise peace’. The roots of that scepticism cannot, however, simply be reduced to knee-jerk protectiveness about state power and sovereignty. Apprehensiveness about the provision of private security services relates in principle to two legitimate and interrelated concerns. First, state dominance of security relations has been challenged by a variety of non-state actors, the impact of private security actors on the state’s primacy in the provision and guaranteeing of security raises new questions. States have not recognize and increasingly accept that they are not the only actors to address international and national security threats; nor is it perhaps fruitful for them to retain a monopoly in this realm. Efforts to tackle ‘new threats’—such as transnational crime, environmental hazards or the proliferation of weapons of mass destruction—require states to act largely through or with international or regional organizations and NGOs within a broader structure of security governance. This has taken place without a fundamental redefinition of state capacity. States still enjoy the leading role in the national/international system and are seen as the sole source (if no longer the sole object) of legally binding international regulation. In the realm of security affairs, states still claim the prerogative of creating and judging political legitimacy. If the state is undercut or marginalized in this respect, there is a risk that one of the traditional cores of security governance—states’ collective as well as general control of the use of force—will be destabilized, affecting not only the state actor but also the international system itself. For the role of the state in security affairs to be maintained in the face of ongoing ‘privatization of security’, the use of private security providers needs to take place within agreed structures and processes designed to safeguard legitimacy and accountability in security affairs. Multinational Companies (MNCs) such as Shell and Chevron have contracted private security firms in Nigeria. At present the legal structures are not effective and efficient; this is visible in 40 the disregard of the PGCs Act Cap 367 laws of the federation by Multinational Companies in the restive Niger Delta Region and other parts of the country. Second, the private provision of security sector functions strikes at the core of the debate about security sector reform (SSR). In striving to uphold the role of the state as the guarantor of security, the question of what kind of security is to be upheld is crucial? The establishment of functioning law-and-order and security institutions (military, police and intelligence) is often cited as a minimum requirement for stability in states. However, when the objective is broadened to ensuring an equitable distribution of security, the democratic credentials of security institutions becomes central, recognising that ‘security’ is not merely a question of protecting the state but also of protecting its citizens. In this sense, the use of private sector actors for providing security services represents a particular challenge. PSCs are responsible to shareholders rather than to voters and making fundamentally apolitical actors contribute constructively to the establishment of democratic and accountable security institutions is a tough circle to square. The extent to which private security providers can fit into new forms of national security governance will ultimately depend on the extent to which their capacities can be directed towards a higher, long-term goal—one that is governed by politics and law rather than simple economics. The crux of the private security sector’s capacity to be a legitimate actor on the national scene thus lies in the relative capacity of states to manage the use of private companies and to ensure that it is compatible with the promotion of good governance, both domestically and internationally. The effective use of private security companies remains partially blocked as long as this challenge is unresolved. The need to take account of the context in which private security actors operate also arises from the basic, significant point that the ultimate consumers of the services at the end may not be the actual contract holders or clients of private security firms, but rather the local populations. The consequences of the provision of security by the private sector are global, involving the formulation of basic premises of international security politics. 3.1 Understanding what constitute a private security company Private Security Company (PSC) is taken to refer to companies offering defensive services, intended mainly to protect individuals and properties. Private security services fall into two 41 categories: (1) proprietary or corporate security; and (2) contract or private security firms. Corporate security generally refers to the security departments that exist within businesses or corporations. Contract security firms by contrast sell their services to the public, including businesses, homeowners, and banks. Private security is not a monolithic entity. Just as differences exist between state and local law enforcement, private security performs functions that are differ considerably. IACP’s (2004) summit report notes that “A security practitioner could be an experienced director of security at a major multinational corporation, a manager of contract security officers at a client site, a skilled computer crime investigator, an armed protector at a nuclear power plant, or an entry-level guard at a retail store. However the legitimacy of any private security company is defined by the Private Guards Companies Act Cap 367 of 1986 Laws of the Federal Republic of Nigeria. Section 1(1) of the Private Guard Companies Act which states that: As from the commencement of this Act, no organisation shall perform the service of watching, guarding, patrolling or carrying of money for the purpose of providing protection against crime unless the organisation concerned – (a) is registered as a company under or pursuant to the Companies and Allied Matters Act; (b) has applied for and has been granted a licence by the Minister in accordance with the provision of this Act; and (c) is wholly owned by Nigerians in accordance with the Schedule to the Nigerian Enterprises Promotion Act. This implies that any organisation which performs the services of watching, guarding, patrolling or carrying of money for the purpose of providing protection against crime and meets with the requirements of subsection of the Act is free to operate. However, the statue of a private security companies is further clarified by the Part IV – Supplementary Section 36 subsection 3 which states that: (1) This Act shall not be construed as requiring any of the following persons to hold a licence under or to observe any of the conditions of this Act, that is to say – (a) any legal practitioner while acting in the ordinary course of his profession or any of his employees while acting in the ordinary course of his employer’s profession; 42 (b) any inspector, guard, watchman or other person employed to do inspecting, guarding, watching or inquiring work for one employer only (such employer not being a private guard company) in respect of inspecting, guarding, watching or inquiry, work done for that employer for the protection of persons or property arising out of the function or business exercised or carried on by the employer; or (c) any person whose duties when employed by a private guard company consist of no more than clerical or secretarial work, the giving of information over the telephone on request on matters obtained from existing records of the company or the receipt in the office The “proprietary or corporate security” has been exempted by subsection 1b of the Act for the definition of “Corporate security generally refers to the security departments that exist within businesses or corporations” matches the criteria of exemption in the subsection 1b. It should be noted however that new security structures and legal regimes are potentially evolving, yet traditional structures are slow to adapt. The security framework is more sophisticated today than in the past. It has been observed that the Nigerian Police Force could not always guarantee Nigerians security as an important part of proactive crime prevention because of inadequate manpower, advanced technological and programmatic means for fear reduction; therefore the continuous agitation for Corporate Private Security Organisations to assist the Nigeria Police in safety business (Ekhomu, 2004). Reasons are not farfetched as evidences are bound showing the technological means under their kitty for proactive crime control such as intruder alarms, close circuit monitors, access control to mention just a few. There is the need to review the legal framework of the Private Security Companies. 3.2 Legal framework guiding licensing of PSCs Currently, the Act regulating the licensing of Private Security Companies (PSC) in Nigeria is the Private Guard Companies Act Cap 367 Laws of the Federation 1986. The Act is divided into four sections namely: Part I – Licensing of Private Guard Companies Part II – Control and Administration Part III – Prohibited, Offences and Penalties etc. Part IV – Supplementary 43 The regulation and licensing of PSC fall under the jurisdiction of the Ministry of Interior. However, the recommendation of licensing of PSC has to be made by the Nigeria Security and Civil Defence Corps as stated in its Mission by the enactment of the Act called “the Corps” to: a) recommend to the Minister the registration of private guard companies; b) inspect the premises of private guard companies, their training facilities and appliance designed for their use; c) supervise and monitor the activities of all private guard companies and keep a register for that purpose; The stipulated requirement for the licensing of Private Guard Companies is stated in Section 1 subsection (1) and (2) of the Private Guard Companies Act that: 1. (1) As from the commencement of this Act, no organisation shall perform the service of watching, guarding, patrolling or carrying of money for the purpose of providing protection against crime unless the organisation concerned – (a) is registered as a company under or pursuant to the Companies and Allied Matters Act; (b) has applied for and has been granted a licence by the Minister in accordance with the provision of this Act; and (c) is wholly owned by Nigerians in accordance with the Schedule to the Nigerian Enterprises Promotion Act. (2) Notwithstanding subsection (1) of this Section, where on the coming into operation of this Act, any company in carrying on private guard business in Nigeria, such company may apply within 6 months thereafter to be licensed but shall cease to carry on private guard business of any description in Nigeria after the expiration of 12 months from the coming into operation of this Act unless, prior to the expiration of the said period such company, being a registered company, is licensed to continue the particular class or classes of private guard business in respect of which application had been made by the company concerned. The core of the application for licensing is elaborated in Section 2 subsection (1), (2), (3) and (4) which states that: 2. (1) An application for licence shall be made in writing through the licensing authority to the Minister in the manner and giving such particulars as specified in Form A in Schedule of this Act. 44 (2) The Minister may, before considering any such application require from the applicant – (a) further evidence, as the Minister may specify, concerning the good character, competence and integrity of any director or other person responsible for or in charge of the operation of the company concerned; (b) where Alsatian or other guard dogs are to be employed in the services of the company, sufficient evidence that all existing regulation relating to animal health and certification have been complied with; and (c) such further information as the Minister may specify. (3) An application for licence shall be accompanied by such fee as the Minister may prescribe. (4) An application for a licence shall be accompanied by a statement setting out the conditions of service (including salaries) of the employees or prospective employees of the company making the application. 3.3 To develop an understanding of the features of PGCs Act The last quarter of this century is characterised by a widespread outsourcing of many policing activities. Many policing tasks have been picked up by privatised ‘policing’ agencies, a world- wide phenomenon that has attracted no little academic attention in recent years. Today, private sector employees are globally recognised as vital players in preventing, detecting and investigating crime. The commercial demand for private contract security specifically, and private policing more generally, thus grows steadily upwards, and there is no part of the globe that has not been affected. This aspect of the legal framework of Private Security Companies examines the present and the future issues to be covered in Private Guard Companies laws in order to encourage and sustain an integrated, efficient and workable security system management. Given the rapid expansion of the presence of private personnel in policing activities, one might assume that careful attention would have been paid to the legal framework within which these cooperative activities take place. Sadly, this has not been the case. The consequence of this neglect is that the legal authority, rights and powers of private security providers is determined more by a piecemeal array of legal privileges and assumptions than by clear law. True, there has been legislation passed concerning the registration, licensing, identification and training of private legal personnel. However, the main aim of this legislation is 45 to regulate those who operate within the industry, and to check those who wish to enter it against certain criteria and minimum training standards. The legislation does not deal with powers per se. There is very little in Nigerian legislation, and even less in the common law, that permits security guards, even licensed guards, to wield specific powers. Indeed, in two jurisdictions this fact is specifically mentioned in security licensing legislation. Section 1 of the Private Guard Companies Act 1986 (PGC) says that the holder of any licence can carry out the functions authorised by the licence. The lack of legislation is confusing for security personnel and the public alike. Nowhere do specific ‘policing’ laws directly and consistently focus on the way that private security personnel are empowered to act or to be given immunity from civil suit or criminal charges. Moreover, there are few legal decisions and precedents emerging from the courts. Hence it is difficult for anyone to find a satisfactory body of law on the subject. In contrast, public police have coercive and intrusive powers that are delineated ‘in more or less clearly defined circumstances.’ These delineations reveal distinct differences between the powers of public and private officers and agents. For example, public police are given statutory immunity from civil suit in circumstances where their beliefs and acts are ‘reasonable.’ Private personnel are afforded no such luxury. Indeed, private security remain vulnerable and constantly run the risk of being sued in the torts of assault, false imprisonment, intentional infliction of mental distress, defamation, nuisance and trespass to land and to person. This is not to say that police do not run these risks, but because they have immunities in place, the police are far less likely to find themselves on the losing end of a civil suit brought by an aggrieved person. Moreover, public police may act to prevent the commission of an offence before it actually happens (acting upon a suspicion). This concession is not granted to private security personnel (or anyone else for that matter). Public police powers, duties, rights, responsibilities and immunities have been so often debated in the courts that there is now a large and continually expanding body of law on these issues. The same cannot be said for private security law. Legal Authority The legal powers, rights and immunities of private security personnel are obscurely and confusingly located across a range of fields: the criminal law; the law of property; the law of 46 contract (both in terms of contracts of employment, and the contracts that apply to paying customers whenever they enter a private sports or entertainment venue); and employment law. The consequence of this is that there are many bits and pieces of common law, general law and legislation that come together to form what could loosely be referred to as ‘the law of private security.’ The law of property, for example, grants to the owner of private property the power to require visitors to leave the premises (using reasonable force if necessary), or to subject visitors to stipulations (such as a search) prescribed and advertised by the property owner. Similar powers exist for employers over employees. Each of these powers can be delegated to agents (private security) who are entitled to wear uniforms, and even to carry a firearm if they have the correct training and licence. Other possibilities for confusion emerge from the common law rights of persons to sue others for breach of their rights of liberty. For example, store detectives who detain shoplifters and thieves upon reasonable suspicion of theft have had damages awarded against them (paid to wrongly accused suspects) in some cases, but not in others. The outcome, it seems, depends upon the level of restraint, the length of time involved, and the extent to which the accused person was given an opportunity to allay suspicion. Sometimes the courts protect the public against invasions of privacy by private sector security personnel, but in other circumstances they do not. The legal reasoning is often unclear. The confusion generally stems from the fact that the laws that apply to private personnel have developed over the years to apply not to those doing similar work to the police but to private citizens, landowners and employers. They translate into something potentially quite different in the hands of the agents of these individuals. There are thus some justifiable concerns such as ‘If private security personnel are in reality no different from ordinary citizens, a law which treats them alike seems most appropriate. But if in reality they are not, and the law still treats them as they are, it becomes inappropriate.’ Private security personnel are different from the public in general. On a daily basis they search bags, forbid entry, bar exits, ask probing questions, detain people, confiscate property, carry out inquiries and operate covert surveillance equipment, most significantly CCTV. Yet the powers under which they operate were designed for other purposes. Is there another way forward that can remedy the malaise? These are questions for thought. 47 Manifestations of Empowerment There has been, in the past decade or so, some attempts by governments to grant powers to persons other than to the sworn officers. Some of these may be able to provide a model of legislation that could settle some ambiguities. A common manifestation of empowerment is where a parliament or legislative body creates specific legislation giving the right to certain trained operatives, who have been employed for specific tasks, to engage in a particular state- sponsored task or role. These tasks carry with them specific, albeit limited, powers. There are a number of current examples that come to mind internationally as well as nationally. 4.0 Conclusion As policing moves more and more into private hands, the traditional legal powers that apply to ‘policing’ are becoming outdated. The powers and immunities of private security personnel are often unclear and inconsistent, dependent upon fine distinctions and differ remarkably from those of the public police even though they are often carrying out many of the same tasks. What should be done to remedy this situation? There is a good argument to continue to explore the development of private security laws with specific powers and immunities granted to certain personnel who have been suitably trained, whether Community Support Officers or Contracted Protective Security Officers. Whatever path is chosen, the exercise in making the choices and debating the required legislation would, arguably, lift the profile of private operators and their associations, bolster training standards and accountabilities, improve public confidence, and enhance policing effectiveness and cooperation generally. 5.0 Summary Private security personnel and private operatives are now undertaking some of the roles previously and solely in the realm of public policing, but the laws that apply to empower and restrict them are not in the same league. They are, for the most part, vague and inconsistent. Private security/ legal issues rarely come before the courts and there is little legislation that applies. This situation creates a rather opaque ‘policing’ world. There is no broadly based legislation giving specific powers to all licensed guards. Parliaments have avoided legislation other than to set up licensing regimes. They have not specifically set out immunities, preferring to infer that they apply once the powers under legislation have been exercised appropriately. It is 48 a difficult task to specify private guard powers across the board, given the many forms and varieties of private operatives and the multitude of activities in which they may be engaged at any one time or over a period of time. The most common option for private guards is the ‘do nothing’ option. There are common law provisions and ad hoc legislation that applies to issues such as use of force, trespass to land, defence of property, search and seizure, and breach of privacy which apply now to all people including security personnel. Leaving these areas legally ambiguous encourages fewer suits against ‘private’ police, forcing those aggrieved to negotiate more and litigate less. 6.0 Tutor-marked assignment a. The Control and Administration of Private Guards Companies lies with the Ministry of Interior. Define and Examine the Sections of the Private Guards Companies Act that empowers it. b. Examine the licensing procedure of the Private Guard Companies vis-a-viz the role of National Security and Civil Defence Corps (NSCDC). c. Discuss issues in the present features of Private Guard Companies and propose the way forward. 7.0 References/further readings Ayoob, M. 1997. Defining Security: A Subaltern Realist Perspective. In K. Krause Williams. M. C. (eds.) Critical Security Studies, Minneapolis Mn. University of Minnesota Press. Button, M. 2007, “Security Officers and Policing: Powers, Culture and Control in the Governance of Private Space”. Ashgate Ekhomu, O. 2004. “Outsourcing Non Core Police Functions to Private Security Companies: Lessons from Elsewhere. Crime and Policing in Nigeria: Challenges and Options. E.O. Alemika and I.C. Chukwuma. Eds. Ikeja: NOPRIN. 128-139 Johnston, L and Shearing C.D. 2003, “Governing Security: Explorations in Policing and Justice” Routledge Jones, T and Newburn T. 2006, “Plural Policing: a Comparative Perspective”. Routledge McLaughlin, E. 2006, The New Policing (Sage, 2007) 49 Odinkalu, C.A. 2004, “Changing Roles of Civil Society in Nigeria: Crime and Policing in Nigeria: Challenges and Options”. Eds. Ikeja Malthouse Press Limited. Chapter 20: 349- 366. (ed.) Nigeria. Private Guard Companies Act, CAP 367 of 1986 by the Law of the Federal Republic of Nigeria Sarre, R. 1995, “Keeping an Eye on Fraud: Proactive and Reactive Options for Statutory Watchdogs” Van Steden, R. 2007, “Privatizing Policing”. BJU Legal Publishers Wakefield A. 2003, “Selling Security: The Private Policing of Public Space”. Willan Publishing. Zedner, L. 2006, “Liquid Security: Managing the Market for Crime Control” (2006) 6(3) Criminology & Criminal Justice 267 50 UNIT 2: ORGANIZATION OF PRIVATE SECURITY COMPANY 1.0 Introduction 2.0 Objectives 3.0 Main Content 4.0 Conclusion 5.0 Summary 6.0 Tutor Marked Assignment 7.0 References / Further Reading 1.0 Introduction Private security is different from public security in several significant ways. Private security is provided to clients for a fee, and except in special circumstances, has its jurisdiction limited to the property owned by the client. Rather than service provided in the interests of the public, security is provided to protect the interests of the client. Traditionally, legislation in Nigeria has recognized these differences and has not extended the same powers of detention, arrest, search and seizure to security service providers as the police. Private security includes measures taken by individuals, partnerships and corporations designed to protect their 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 (industrial security is rapidly becoming one of the most important aspects of private security). Companies wishing to have private security without the costs associated with developing their own security unit will often choose to contract the services of an outside security company. By contracting the services of these agencies, a company avoids incurring the costs associated with managing and administering the function. For example, the costs associated with monitoring the perform

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