Ensuring Civilian Protection in Nigeria’s Counterinsurgency Operations: Imperative for Legislative Action

Abstract

Recurring incidents of civilian casualties resulting from military airstrikes in Nigeria’s North-East and North-West most notably the April 2026 Jilili market strike and earlier occurrences in Zamfara State underscore persistent structural weaknesses in the country’s counterinsurgency operations. These incidents reveal critical deficiencies in surveillance capabilities, intelligence coordination, and civilian harm mitigation frameworks, while simultaneously eroding public trust in the military and diminishing the overall effectiveness of counterinsurgency efforts. Notwithstanding the constitutional oversight powers vested in the National Assembly under Sections 88 and 89 of the 1999 Constitution (as amended), legislative engagement on civilian protection in military operations remains largely reactive, with no comprehensive statutory framework specifically dedicated to the prevention, monitoring, and accountability of civilian harm in the conduct of military operations. To address these challenges, the relevant committees of the National Assembly are urged to: (1) Enact a Civilian Harm Mitigation and Protection Law to establish clear operational standards, including pre-risk assessment protocols, civilian harm tracking systems, and enforceable accountability mechanisms. (2) Strengthen legislative oversight by instituting mandatory reporting requirements, independent audits, and periodic briefings by security agencies particularly on aerial operations and civilian casualty assessments. (3) Legislate a binding requirement for multi-source target verification involving the Air Force, Army, and intelligence agencies before strike authorisation; and (4) Convene joint public hearings to investigate airstrike failures, ensure transparency in findings, and enforce appropriate administrative or criminal sanctions against personnel found culpable.