Senior Advocates of Nigeria and other legal experts have faulted Oyo State Governor, Seyi Makinde, over his call on the United Nations to investigate the circumstances surrounding the abduction of pupils and teachers in Oriire Local Government Area of the state.
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The lawyers argued that the request has no legal foundation under international law, insisting that kidnapping and related security breaches are domestic criminal matters that fall within Nigeria’s constitutional and legal framework.
They said the United Nations has no general mandate to investigate internal security incidents in a sovereign state, except in limited circumstances involving grave international crimes or threats to international peace and security.
Leading the criticism, United Nations Independent Expert and Vice Chair of the International Law Association, Prof. Damilola Olawuyi, SAN, said Makinde’s request was inconsistent with the mandate of the world body under the United Nations Charter.
Olawuyi explained that Article 1 of the UN Charter limits the organisation’s functions to maintaining international peace and security and promoting friendly relations among nations.
According to him, internal security matters remain the responsibility of national governments at federal, state and local levels.
“The UN is therefore not empowered to investigate or intervene in matters relating to internal security, which falls within the domestic oversight of the Nigerian government at federal, state and local levels,” he said.
He noted that the recognised exceptions arise only where a country persistently fails or refuses to protect its population from genocide, war crimes, ethnic cleansing or crimes against humanity, thereby triggering the international community’s Responsibility to Protect.
“Domestic insecurity surely does not fall within this exception,” Olawuyi said.
He urged governments at all levels to focus on addressing insecurity through cooperation rather than seeking to involve the UN in matters within Nigeria’s domestic jurisdiction.
Olawuyi said the persistent security challenges in the country require stronger collaboration among the three tiers of government to protect lives, property and the right to education.
Also reacting, Dr. Wahab Shittu, SAN, a lecturer at the Faculty of Law, University of Lagos, said Governor Makinde lacks the constitutional authority to invite the United Nations into Nigeria for such an investigation.
Shittu said the conduct of foreign affairs is exclusively vested in the Federal Government under Item 26 of the Exclusive Legislative List in the Second Schedule to the 1999 Constitution.
He also cited the Supreme Court’s decision in Attorney-General of the Federation v. Attorney-General of Abia State, where the apex court affirmed that external affairs are the exclusive responsibility of the Federal Government.
“A state governor, however well-intentioned, does not possess the constitutional capacity to invite the United Nations into Nigeria for the purposes he has described,” Shittu said.
“What he has issued is, at best, a political appeal. It has no legal effect and cannot compel the UN’s engagement.”
The senior lawyer added that kidnapping for ransom remains a domestic criminal offence prosecutable under the Terrorism Prevention and Prohibition Act, 2022, and relevant state anti-kidnapping laws.
He said the UN has no general authority to investigate or prosecute domestic crimes in a functioning sovereign state.
According to him, even UN human rights mechanisms operate only with the consent of member states, while the UN Security Council can only authorise binding investigations where there is a threat to international peace and security.
“Nothing in the facts as reported meets that threshold,” he said.
Activist lawyer, Femi Falana, SAN, also said the governor appeared to have been wrongly advised on the powers of the United Nations.
“I want to believe that the governor was not properly advised,” Falana said.
“The UN has no provision for investigating cases of abduction or kidnapping in member states.”
Falana explained that international intervention is generally limited to grave international crimes such as genocide, crimes against humanity and aggression, which may fall within the jurisdiction of the International Criminal Court.
He said complaints before the ICC can only be entertained where credible evidence exists and where the country concerned is unwilling or unable to investigate or prosecute the alleged offences.
Falana maintained that if Makinde has evidence of conspiracy in the school abduction, the proper step is to report the matter to the Inspector-General of Police or other agencies empowered to investigate terrorism-related offences under the Terrorism Prevention and Prohibition Act, 2022.
He added that where there is evidence of misconduct by any government agency or official in connection with the incident, the governor should direct the Oyo State Attorney-General to institute criminal proceedings.
“No one is above the law,” Falana said.
Another legal practitioner, Toyin Ndidi-Taiwo, described the proposal as inappropriate, arguing that as a serving governor, Makinde is part of the Nigerian government and should first exhaust existing constitutional mechanisms.
She said inviting the UN to investigate a domestic security incident could suggest that Nigeria’s institutions are either incapable of carrying out their responsibilities or cannot be trusted.
According to her, if the governor believes there is evidence of official complicity, negligence or cover-up, there are established mechanisms for seeking accountability through security agencies, the National Assembly or other constitutionally empowered bodies.
However, another lawyer, Jide Ologun, said although security remains the primary responsibility of government, widespread mistrust over the handling of insecurity has continued to fuel demands for independent investigations.
He said Makinde may have called for a UN probe in order to dispel allegations of political complicity and address lingering questions surrounding the abduction and release of the victims.
“We are glad the abductees have regained their freedom, but people are still asking questions about those reportedly arrested, and those said to have been killed. Government must be transparent,” he said.
The comments come amid continuing debate over the handling of the Oriire school abduction, the rescue of the victims and the level of transparency required from government and security agencies in explaining the circumstances surrounding the incident.
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