Nigeria’s Fragile Democracy: Military Overreach In Fisayo Soyombo’s Arrest Undermines Police Authority And Democratic Principles

The Nigerian Army’s detention of investigative journalist Fisayo Soyombo represents not only a violation of press freedom but also a direct affront to Nigeria’s constitutional democracy and the civilian justice system. This act reflects a troubling trend in which the military undermines the authority of civilian institutions—especially the Nigeria Police Force (NPF)—and asserts itself inappropriately in matters outside its constitutional mandate. These undemocratic actions reveal deeper institutional dysfunction and a failure to respect the separation of powers essential to democratic governance.

Lieutenant Colonel Danjuma John Danjuma, Acting Deputy Director of 6 Division Army Public Relations, claimed that Soyombo was “arrested at the scene” of an illegal oil bunkering site. Even if this claim holds merit, the Army's actions following the arrest are indefensible. In a constitutional democracy like Nigeria, the duty to handle civilians in criminal matters lies exclusively with the Nigeria Police Force. The moment Soyombo was found at the scene, the Army had one legal and ethical obligation: to immediately transfer him to the NPF for investigation. Instead, the Army detained Soyombo for three days, confiscated his gadgets, and denied him communication—a series of actions that not only violate his rights but also undermine the very framework of Nigeria’s justice system.

In a democracy, the moment Soyombo was found at the site, he should have been handed over to the police immediately—without delay. This is how constitutional governance operates. By detaining him for three days, seizing his gadgets, and keeping him incommunicado, the Army has acted outside its legal mandate, violating his rights and raising alarm about the erosion of Nigeria’s democratic norms. Any evidence or materials confiscated from Soyombo must be fully preserved and, without delay, transferred to the Nigeria Police Force for appropriate investigation. The continued custody of such critical evidence by the military only deepens suspicions of tampering or suppression.

The Role of the Nigeria Police Force in a Democracy

The Nigeria Police Force, established under Section 214 of the Nigerian Constitution, is vested with the authority to maintain law and order, investigate crimes, and ensure justice is served. Its role is pivotal in a democracy, acting as the primary institution for civilian law enforcement and the first line of defense against criminal activities within the nation. The police are trained in evidence collection, suspect interrogation, and due process—all guided by the rule of law and respect for human rights.

When the military detains civilians, it bypasses these crucial procedural safeguards, raising the likelihood of rights violations, evidence tampering, and abuses of power. The military’s role, as outlined in Section 217 of the Constitution, is to defend the country against external aggression, suppress insurrection, and support civil authorities only when called upon. Detaining a civilian journalist like Soyombo without immediate police involvement is a clear overreach and a dangerous usurpation of police authority.

The continued detention of Soyombo reflects a systemic issue: the erosion of the Nigeria Police Force's authority. By sidelining the police in this case, the military undermines public confidence in civilian law enforcement and weakens the institutional checks and balances necessary for democratic governance. If the military can act with impunity in matters clearly within the purview of the police, it creates a precedent where civilians no longer trust the rule of law but fear the arbitrary actions of an overzealous military.

The Dangers of Military Overreach
The military’s actions in detaining Soyombo are not isolated but rather part of a troubling pattern of overreach that has plagued Nigeria’s democratic development. From extrajudicial killings to arbitrary arrests, the military has often acted outside its constitutional mandate, undermining civilian institutions and eroding democratic norms. This pattern suggests an institution that has failed to transition fully from its historical role as a governing force during military regimes to a subordinate role under civilian control in a democracy.

Even if present during the operation, Soyombo’s status as a civilian journalist necessitated his immediate transfer to the police. Anything short of this violates his rights and the principles of due process enshrined in Nigeria’s laws.

The implications of this case are profound. By detaining Soyombo, the Army is not only undermining the civilian justice system but also encroaching on the authority of the NPF. This dangerous overstep creates the impression of a military eager to assert itself beyond its constitutional role, potentially challenging the civilian administration and threatening democratic stability.

By holding Soyombo for three days without transferring him to the police, the Army has positioned itself as judge, jury, and jailer. This not only violates Soyombo’s rights but also raises critical questions: Is the Army attempting to compete with the NPF for authority? Is this a deliberate attempt to suppress press freedom and intimidate journalists? Or is it a broader challenge to civilian governance, including President Tinubu’s administration?

The implications of these questions are profound. When the military disregards the role of the police, it undermines the civilian justice system and sets a dangerous precedent for unchecked military interference in civilian matters. This behavior not only weakens the NPF but also destabilizes the democratic balance of power, creating an environment ripe for abuse and authoritarianism.

Protecting Evidence and Ensuring Justice

The confiscation of Soyombo’s gadgets and other materials further underscores the dangers of military overreach. These items are critical evidence and must be preserved to ensure transparency and accountability. By holding onto this evidence, the military risks tampering, destruction, or suppression of materials vital to understanding the truth. In a democracy, the proper handling of evidence is a cornerstone of justice. The military must immediately transfer all confiscated items to the police, who are trained and legally mandated to handle such investigations.

Calls for Immediate Action
At the time of this publication, if Soyombo remains in military detention, the presidency, civil society, international human rights organizations, and global press freedom advocates must intervene decisively. The Nigerian military must be reminded of its role: to defend the country, not to act as a parallel law enforcement body. President Tinubu’s administration has a responsibility to assert civilian authority, demand Soyombo’s immediate release, and order an investigation into the military’s actions. This is not just about restoring Soyombo’s rights; it is about preserving the integrity of Nigeria’s democracy.

Journalism Is Not a Crime
The Foundation for Investigative Journalism (FIJ), along with other civil society organizations, has made it clear: “Journalism is not a crime! #FreeFisayoNow.” Detaining a journalist for doing their job sends a dangerous message that truth-telling is punishable by intimidation and suppression. This case is not just about one individual; it is about the future of press freedom in Nigeria. If the military’s actions go unchallenged, they will embolden further attacks on journalists and weaken the democratic principles that protect all Nigerians.

The Nigerian military must urgently implement comprehensive and mandatory training programs on civilian-military relations, with a strong focus on understanding the distinct functions of the military and the police in a democratic society. These training sessions should delve into the constitutional roles assigned to each institution, emphasizing the military’s mandate to protect national sovereignty and defend against external threats, while highlighting the Nigeria Police Force's exclusive responsibility for maintaining law and order, investigating crimes, and handling civilian matters. The training must make it clear that the military’s involvement in civilian issues should only occur under specific constitutional conditions and must always respect the chain of civilian authority.

To ensure the effectiveness of these programs, the training must be designed and conducted by a highly competent constitutional law expert who is well-versed in democratic principles and governance structures. Such an expert would provide in-depth legal and practical guidance on how the military can operate within the bounds of the law while maintaining professional respect for civilian institutions. The training should also address the critical importance of transparency, accountability, and the protection of human rights in all military operations, particularly those that intersect with civilian populations.

By implementing this training, the military leadership, including General Christopher Musa and Lieutenant General Olufemi Oluyede, can demonstrate their commitment to democratic values and institutional reform. This step is not just necessary for preventing future overreach, such as the unlawful detention of journalist Fisayo Soyombo, but is also vital for rebuilding public trust in the military as an institution that supports, rather than undermines, democratic governance. Without this urgent reform, the military risks perpetuating a cycle of constitutional violations that could destabilize Nigeria’s democratic progress and damage its credibility both nationally and internationally.

Restoring Democratic Norms
The detention of Fisayo Soyombo is a wake-up call for Nigeria. The military must recognize that its role is not to dominate but to support civilian governance. The presidency must take a firm stand to reaffirm the supremacy of civilian institutions and the rule of law. The Nigeria Police Force must be empowered and supported to carry out its constitutional duties without interference. Civil society must continue to hold all institutions accountable to ensure that Nigeria’s democracy remains resilient.

This case is a defining moment. Nigerians must demand accountability and justice—not just for Soyombo but for the preservation of democracy itself. The world is watching, and Nigeria must rise to this challenge to prove that it is a nation governed by laws, not by force. Anything less would be a betrayal of its democratic ideals and a step toward authoritarianism.