This is a memo to Nigeria's Minister of Internal Affairs proposing an Independent Regulatory Authority to regulate the Private Security Industry in Nigeria. Independent regulation of the private security industry is a global best practice hence Private security industry stakeholders and professionals in Nigeria are encouraged to peruse this proposal, stimulate a national debate aimed at implementing an Independent Regulatory Authority.
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Showing posts with label Private Security Industry in Nigeria. Show all posts
Showing posts with label Private Security Industry in Nigeria. Show all posts
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Monday, 21 July 2014
The Private Security & Investigation Industry in Nigeria: Opportunities, Challenges and the Way Forward
Written by: Don
Okereke
Preamble
Security and safety are sine
qua non for human existence, survival and development. Renowned Greek
historian-Herodotus was said to have opined two millennial ago that: ‘’great
deeds are usually wrought at great risks’’. This assertion is apt in our
increasingly precarious dog-eat-dog world. It follows that no individual,
business or government will thrive in an atmosphere of wanton unpredictability
and insecurity. Because it is difficult to place a price tag on peace of mind,
governments, organizations and individuals that truly value certainty
and peace
of mind around the world appropriate huge war chest to Security and safety.
Global
Perspective:
Globally, the Private/Industrial Security & Investigation
Industry is big business and also a vast employer of labour. A 2013 benchmark
study by ASIS International and the Institute of Finance and Management
indicates that the United States Security industry is a $350 billion market. A
breakdown of this shows $282 billion in private sector spending and $69 billion
in federal government spending on homeland security.
The reliance on Private Military and Security Companies (PMSCs)
revved up over the last two decades sequel to incidents and interventions in
Iraq, Afghanistan, Pakistan, the Gulf of Aden, Libya, and Liberia amongst
others. The September 11 attack on the United States was also a game-changer to
the security industry.
At a time it became fashionable for regular combatants to switch
sides: disengage from the armed forces and pitch their tent with Private
Military Security and Companies because of the mouthwatering offers that the
later availed.
The crème de la crème of multimillion billion dollar and most
powerful private security companies in the world include: G4S, Securitas AB,
ADT, AlliedBarton, DynCorp, Gardaworld, Booz Allen Hamilton, CACI
International, The Brink's Company, Pinkerton Government Services, International
Intelligence Ltd, Erinys International, Andrews International, Defion
International, ICTS International, Corps Security, KBR, GK Sierra, Aegis
Defence Services, Triple Canopy, ACADEMI (formerly known as Backwater) and
Prosegur (said to have 150,000 staff strength) which is more than some
countries armed forces.
Security:
A Constantly Evolving Industry:
Spent are the days when a poorly dressed, haggard-looking,
baton-wielding, amulet-wearing old man opening and closing the gate of an
establishment epitomizes a Security Professional. These days it is a norm to
see Security Professionals donning three-piece designer suit with silk ties.
With Closed Circuit (CCTV) Cameras and other electronic and
remote-controlled/Internet Protocol (I.P) Networked Access Control
devices/installations; a Security Professional can monitor an entire
organization, estate or facility on a laptop in the comfort of a well-furnished
office. The Security profession has become more eclectic, complex,
inter-connected and ever-expanding. It inter-alia encompasses disciplines like
‘’Enterprise Security Risk Management’’ (ESRM)-identifying
risks/vulnerabilities in an establishment and mitigating them, ‘’Security
Convergence’’-the inter-dependence of IT, Physical Security, Safety etc in an
organization; Fraud/Loss Deterrence; forensic investigation etc. Sure it’s not
every so-called ‘Security Man’ or even educated folks are familiar with
aforementioned terminologies.
Due to the global and growing demand for the services of talented
Professional Security experts, academic programs leading to the awards of B.Sc,
M.Sc and PhD's in Security related fields have become very attractive and
rewarding. Today, a plethora of Security Professionals are highly educated and
can hold their own.
The
Nigerian Experience
By acts of commission or omission, successive administrations in
Nigeria have not done enough to nip insecurity in the bud. Most administrations
treated the symptom and not the causative agent of the disease leading to a
deferment of the evil day.
It beggars belief that a country like Nigeria peopled with about
160 million people has a police force of plausibly 370,000 officers and men.
This grossly falls short of the United Nations recommendation of police to
people ratio of 1:450. The consequence is that Nigeria Police and other
security establishments are ceaselessly over-stretched and overwhelmed.
The aforementioned scenario accentuates the relevance of the
Private/Industrial Security and Investigation Industry and professionals in Nigeria.
If well-harnessed, the Private Security Industry in Nigeria has the capacity to
ameliorate the unprecedented levels of unemployment, crime and insecurity
especially now that the country grapples with vestiges of insurgency and
terrorism.
Aside Crude Oil, Security is definitely another money sapping and
spinning sector in Nigeria. Defence and Police got N319.65bn and N348.91bn
respectively, the biggest chunk of the 2013 federal budget.
As I update this article, President Jonathan is seeking approval
for a $1 billion loan to be channeled to the fight against Boko Haram. This is
in addition to $6 billion allocated to defense and security in the 2014 federal
budget. States and Local Governments also set aside their own budgets for
Security. Recall that each of the 36 State governors in Nigeria is supposedly
entitled to N6bn annually as ‘’Security
Vote’’. Some school of thought alleges the monies are often embezzled since the
lordly governors don't owe anybody explanations as to how the money is expended.
Also bring to mind, the huge amounts that individuals, formal and informal
sectors apportion to Security.
The unparalleled and swarming unemployment rate, failure of
governance (weak judiciary/other public institutions), unprecedented levels of
corruption, culture of impunity, religion fundamentalism/radicalism,
inefficient Political system, under-staffed & inadequately
trained/equipped/motivated Police force etc has continued to fan the embers of
crime, insecurity, terrorism and other social vices in Nigeria.
The exponential trend in instability, insecurity, unpredictability
in Nigeria gives rise to a geometrical demand for the services of Private
Security Companies and Professionals. Many private and commercial
organizations-Banks, Oil companies, Housing estates, embassies, even churches
and mosques are increasingly strengthening their Security departments and
apparatus.
Buoyed by the flourishing and lucrative business opportunities in
the Private Security and Investigation Industry in Nigeria, a lot of foreign
Security establishments have made inroads into Nigeria and are smiling to the
banks. Aside provision of Guard and ancillary services, sale of Security Gadget
is also booming. Individuals and
organizations are spending a great deal to protect their lives and properties
since not even the government can guarantee the safety of lives in Nigeria. It
is not unusual to see metal and explosive detectors been used to frisk people
and cars entering into public offices, churches and mosques. One hopes the
so-called ‘’Detectors’’ deployed are state-of-the-art with excellent
‘’Sensitivity and selectivity’’ capabilities. I will return to this sometime.
Challenges
Bedeviling the Private Security Industry in Nigeria:
In most Western democracies and other countries where the rule of
law holds sway, it is anomalous to see Police officers guarding Private
individuals, banks or other commercial establishments. The Police are strictly
meant to protect the citizenry. The reverse is the case in Nigeria. Successive Police
administrations pay lip-service to ensuring that the Police rigorously cleave
to its statutory and constitutional role. Will it amount to letting the cat out
of the bag to speculate that Police (MoPol) escort or protection in Nigeria is
for the highest bidder? With staff strength of about 370,000 Police officers, Nigeria
is grossly under policed. Out of this number, almost every Bank branch in
Nigeria boast of say 3-4 Police (MoPol) officers on their payroll not
forgetting those attached to foreign embassies and telecommunication companies.
All the 774 Local government Chairmen in Nigeria and all the National Assembly
members (House of Representatives and the Senate), all Ministers, all 36 state
governors, their wives, children, girlfriends, concubines cum relatives, party
chieftains, political godfathers, celebrities, money bags amongst others have
Police Orderlies. Depending on how close you are to the powers that be,
soldiers too can be thrown into the mix. So how many Police officers are
actually out there in the streets fighting crime?
The peculiar security challenges bedeviling Nigeria may have
extenuated the Police abandoning its statutory role. This status quo has been
tolerated for too long and must not become a norm.
Another serious challenge confronting the Private Security
Industry in Nigeria apart from its roles been usurped by the police, is the
Byzantine bureaucracy and high cost of registering, licensing a Private
Security Company and also dearth of professional code of conduct. Again this is
also attributed to the fact the agency – the Nigerian Security and Civil
Defence Corps (NSCDC) tasked with regulating the Private Security Industry is
not fit for purpose. Apparently the NSCDC, a Para-military outfit is encumbered
and overwhelmed with the onerous responsibility of law enforcement/fighting
crimes, chasing Crude oil pipeline vandals etc hence is not well suited to
manage Nigeria's Private Security Industry. Regulation of a Sector should not be about increasing cost
of registration/acquiring licenses or arbitrarily shutting down erring firms.
This does more harm than good leading to genuine Operators operating outside
the rules. A regulator will do well to minimize, remove unnecessary bottlenecks
and make financial commitments expected from its clients affordable.
A while ago, Nigeria’s Corporate Affairs Commission (CAC)
supposedly slashed the cost of incorporating a Company by upwards of 70%. In
addition to duly incorporating a Private Security Company, there is also a
requirement to obtain a license from the NSCDC. Research indicates that the
process of Incorporating and acquiring a PSC license in Nigeria is pricey and unnecessarily
very cumbersome. Inter alia, the NSCDC
stipulates that a prospective Private Security Company in Nigeria must have a
minimum share capital of ten million naira! It goes further to state that
"all directors of the prospective security company must be Nigerians. It
is such ill-thought out policies that hamper business activities and
discourages prospective foreign investors. It appears this is a paper tiger
that is been circumvented anyway. A registration fee of N500, 000 in addition
to other sundry levies and probably payment of bungs will accrue the whole cost
into millions of naira. After payment of the fee, investigation will be
conducted by the State Security Service (SSS) before applications will be
considered and approval given by the Minister of Interior. Envision the toll,
unnecessary duplication of roles, bureaucracy and bottleneck associated with
this process. You see why there is a plethora of unregistered Private Security
Companies in Nigeria.
In line with global standards, there is nothing wrong allowing
folks legally resident in Nigeria and devoid of criminal character to be a
director of a Private Security Company. There are many Nigerians legally
resident abroad (not the naturalized citizens of their host country’s) that run
Private Security Companies. Two of the richest men in Britain today are Russian
born Chelsea football club owner- Roman Abramovich and Indian born steel
magnate Lakshmi Mittal. They are not UK citizens but I am pretty sure both can
own and run a mere Private Security Company in the United Kingdom if they so
wish and meet the requirements. A foreigner being the Director of a Private
Security Company does not necessarily impinge on National Security. Yes, for
Critical National Infrastructures you can insist that the Private Security
Company bidding for such a contract must be wholly indigenous. By the way where
was this clause, proviso when our ogas-at-the-top reportedly awarded a $40
million "Open Source Internet Monitoring System and Personal Internet
Surveillance System" contract to Elbit Systems, an Israeli firm? It is a
threat to National security for a non Nigerian to be a Director of a Private
Security Company but it is not a threat to ‘outsource’ the private information
of plus or minus100 million phone, Internet users in Nigeria to a foreign
company. Double speak!
Devoid of a comprehensive database and fingerprints of ex-convicts/felons
in Nigeria, it is plausible that a supposed Security Professional is an
ex-convict, cultist or even a terrorist. Cases like this abound even in the
Police and Armed forces of convicted criminals and dismissed Personnel’s
enlisting and re-enlisting into the fold. This is a clarion call to Security
Companies, organizations and the government Security Services to stringently
vet and do background check on their prospective Security Professionals.
Envision the far-reaching consequences of inadvertently having a
terrorist or an unrepentant ex-convict as a Security Staff of an organization.
Also of contention in Nigerian Private Security circles is whether
or not to allow Private Security Professionals to bear arms. Officially PSO’s
in Nigeria are not allowed to bear arms but it seems there is a way around
this. My take on this is that allowing every Tom, Dick and Harry to bear arms
may be counter-productive. However if need be, let there be a stringent
condition or requirement. I will be more comfortable with ex-servicemen working
in Private Security circles bearing arms than a typical civilian with little or
no weapon handling or firearms skills.
With the exception of Private Security Operatives (PSO’s) employed
by multinational companies, embassies, telecom firms and other big players in
the Sector, the remuneration package of an average low skilled PSO in Nigeria
is nothing to write home about; plausibly fifteen thousand naira (N15, 000.00)
i.e. about $100 a calendar month whereas his counterpart, say a ‘Doorman’ in
the street of London or Manchester, with little or no education, earns upwards
of twenty pounds (£20) or more an hour! Given the extremely precarious security
terrain in Nigeria, a cheering salary/welfare package and life insurance will
definitely boost the morale of a PSO in Nigeria. The effort, sacrifices of
PSO's in Nigeria must be commended and appreciated.
Instead of esprit de corps, there is subtle rivalry and mutual
distrust between mainstream government security agents seconded to most
commercial establishments and the in-house Private Security Operatives hired by
those organizations. Private Security Operatives simply compliment the efforts
of the Police and other Security agencies. They are not in any way competing
with mainstream government Security agencies.
Another major issue that has bogged the Private Security and
Investigation Industry in Nigeria is the prevalence of unconventional groups
like the OPC, Bakassi Boys, Egbesu boys and other local vigilantes. These unconventional
groups now vie for Security contracts and they get them because they have all
the good contacts in the right places. With Oil Pipeline and Maritime
Protection contracts in their kitty, many ex-Niger Delta Militants have
metamorphosed into nouveau-riche multi-billionaires.
In South West Nigeria, some organizations, neighborhoods and
individuals will use the services of the OPC for security during the night but
will not be proud to have those same OPC chaps during the day. It is a
well-known fact that most of these irregular Security groups bank on their
native charms for their work. There is no doubt that some of the groups mean
well and maintain some semblance of social order. However the problem is with
their modus operandi which usually leads to extra-judicial killings when a
suspect or a culprit is apprehended. Sadly, some mainstream government security
agencies are also enmeshed in extra-judicial killings. It beggars belief that a
suspected criminal or terrorist in Nigeria will be cut down without extracting
sensitive and helpful information from him.
Paper-tiger
Professional Security Bodies:
There are about five or so different Private Security Professional
Associations in Nigeria vis-Ã -vis the National Professional Security
Association (NPSA), Nigerian Chapter of the American Society for Industrial
Security (ASIS), the Society of Security Practitioners of Nigeria (SSPN), the
Security and Safety Association of Nigeria (SSAN) and the Association of
Private Security Practitioners in Nigeria (APSPN).
These professional security associations in Nigeria must present a
united front, speak with one voice and fight for the interest of the
profession. They must go beyond collecting dues, levies and avenues for
networking; they should bark and bite - enforce standards - minimum wage,
background checks on prospective PSO's, maximum working hours, basic and
ongoing training amongst others.
Certifications,
Certifications, Certifications:
The penchant to acquire and flaunt even titular foreign and local
certifications transcends the Private Security Industry in Nigeria but is
entrenched in the psyche of the nation. Savvy mushroom organizations,
institutions are taking advantage of this frenzy. Please, I repeat, please
don't get it twisted; certifications, academic qualifications and membership of
professional bodies are highly recommended. But let also bear in mind that the
foregoing are not the only ways of measuring competence and aptitude. There are
folks that for one reason or the other lack the prerequisites for such
qualifications and certifications but are on top of their game. Let’s have a
mechanism, a system that rewards hard work and selfless service to humanity. For
instance, what meaningful contribution has the person made to the profession or
in the service of humanity? In the UK, teachers, cleaners are awarded the coveted
MBE (Member of the British Empire, plausibly an equivalent of Nigeria's MON) in
recognition of their contributions in the service of society.
Americans are adept at creating wealth through ‘intellectual
Products’ and the service industry. While the Chinese, Japanese etc engineers
are busy churning out state-of-the-art gadgets/electronics, they still need an
American ‘certification’ or validation to prove that they are on top of their
game. Certifying Organizations must rise beyond pecuniary resource from
prospective candidates or members.
A
classic example suffices: the American Society for
Industrial Security (ASIS) is undisputedly a coveted global brand. As
intelligent and competent as they are, many Private Security Officers in
Nigeria cannot comfortably cough out $450 to sit for ASIS's ‘Certified
Protection Professional’ (CPP) examination or pay $170 for annual membership of
ASIS. It is easier for an American Private Security Officer (PSO) earning say
$3,000 a month to appropriate such an amount than for his Nigerian counterpart
earning say N40, 000.00 ($250) a month to do the same.
In view of the high exchange rate of the Naira to the dollar,
Nigerians and other poor African countries have a very strong case to make for
the ASIS hierarchy to reduce or subsidize part of these fees for them.
Otherwise a plethora of qualified and competent would-be members will be
disfavored.
Global Case Studies:
Requirements, Costs of Obtaining a Private Security License:
The United Kingdom:
In the United Kingdom, the process of registering and running a
Private Security Company is seamless and very straightforward. The UK Security
Industry Authority (SIA) grants two types of licenses: the Frontline and
non-frontline. The license costs about £220 (about fifty thousand naira) for a
three year license. There is no proviso that you must be a UK citizen before
you can be a director of a Private Security Company in the UK. You are good to
go so long you are legally resident and you don't have a criminal background.
Sequel to undergoing stipulated training, acquiring either the front line or
non-frontline license and registering/incorporating your company, you are
entitled to run a Security company. Of course in many European countries and
America, one can have a company incorporated within 48 hours and costs as low
as £15 in the United Kingdom.
Ireland:
The Private Security Authority (PSA) in Ireland which was
established pursuant to the Private Security Services Act 2004 is the statutory
body with responsibility for licensing and regulating the private security
industry in Ireland. The
PSA issues two types of licenses:
(1) Contractor Licenses:
required by companies, partnerships and sole traders providing security
services in the Republic of Ireland and
(2) Individual Licenses
(Employee Licenses): required by all those working in the security sector
within the state whether employed by a licensed contractor or directly by a
business as in house security personnel. Licenses are issued for a period of
two years.
New entrants to the security industry (those without a turnover in
licensable sectors) only pay the administration fee of €1,000 whereas an
employee license is categorized into (a) Door Supervisor (licensed premises) license
which costs €130 and (b) Security Guard (static) license which costs €80. A
combined license (Applied for at the same time) costs €190.
South
Africa:
The Private Security industry in South Africa is regulated by the
Private Security Industry Regulatory Authority (PSIRA). Due to a robust and
encouraging regulation, South Africa's Private Security industry boasts of about
9,320 registered companies and more than 400,000 Private Security Guards. In
terms of ownership of Private Security Company in South Africa, a recent
amendment stipulates that "51% ownership of a Security Company must vest
in South African citizens". Also the process, cost of getting the required
license and paper work is not as cumbersome and expensive as it is in Nigeria.
Why can’t Nigeria take a cue from the aforementioned best
practices? Right now some countries are even privatizing policing and their
prison service yet we are stuck in the past in Nigeria.
A
Case For A "Private Security Industry Authority of Nigeria":
Drawing from the aforementioned countries and best practices, there
is need for infusion of fresh ideas in the running of the Private Security
Industry in Nigeria. In a country of 160 million or more people, an
under-staffed Department of the NSCDC is certainly bogged down with law
enforcement and crime fighting. Perhaps this explains why it is struggling to
be innovative in monitoring PSC's and PSO's in the nook and cranny of Nigeria. In
the light of this, I propose a full-fledged, self-funding and autonomous civil
ombudsman to be known as the "Private Security Industry Authority of
Nigeria" (PSIAN) peopled with seasoned security experts that will run such
a body. Yes, the NSCDC can perhaps still play some oversight function but the day to
day running of private security companies in Nigeria will rest with the
proposed PSIAN. This arrangement will give the NSCDC enough time to concentrate in
its forte- fighting crimes/law enforcement.
It is pertinent that Private Security Professionals in the nook
and cranny of Nigeria are adequately trained, re-trained and licensed (badged)
after undergoing prescribed training and passing the required assessment.
The same rules/conditions and standards that applies to the
Private Security Professional in Illela (Sokoto State), must apply to the one
in Mubi (Adamawa State), Etinan (Akwa Ibom), Ohaozara (Ebonyi) and Badagry
(Lagos) etc. There will be a license for Frontline and non-frontline Operatives
with different designations or specializations.
The
Way Forward:
On March 16, 2012, over 55 international private security
companies met in Geneva to sign an international code of conduct (ICoC) for
private security service providers. Inter alia, the ICoC promotes self
regulation of the security industry.
The Private Security Industry in Nigeria will do well to have a
self-regulatory, self-funding ombudsman.
The government has nothing to fear or lose but everything to gain
from this arrangement because the self regulating body will not necessarily
rely on government funding. It's a win-win deal. This conforms to global best practices and will
invariably enhance Standards, effective monitoring, Professionalism and instill
discipline.
I can brainstorm a proposal in this regard that guarantees a
steady stream of revenue and thousands of career opportunities been generated
through such a body.
Conclusion:
Though the business climate here is not encouraging for start ups
and the faint-hearted; notwithstanding the constraints, doing business in
Nigeria can be very rewarding if you know what/who you need to know, do what
you MUST do and also have the war chest to bulldoze your way.
The Private Security Industry in Nigeria must be encouraged to
play an active role in the current haze of insecurity. Given the complex
security challenges bedeviling country which calls for the active involvement
of the citizenry and Private Security Officers in particular, the Nigerian
establishment must as a matter of urgency, streamline the cost and byzantine
bureaucracy associated with registration, licensing and running a Private
Security Company in Nigeria otherwise many will be forced to operate under the
radar.
© Don Okereke
(Security
Analyst/Consultant)
Email: donnuait(a)yahoo.com
Twitter:
@donokereke
Telephone: +234 708 000 8285
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