Ayo Olorunfemi May 15, 2025

THE FAILURE OF THE SOCIAL CONTRACT: WHEN INSECURITY BECOMES A CATALYST FOR COMMUNITY SELF-RELIANCE

EXECUTIVE SUMMARY

The relationship between the state and its citizens fundamentally rests upon the social contract—where individuals surrender certain freedoms to the state in exchange for protection and social order. In contemporary Nigeria, escalating security challenges have exposed the fragility of this arrangement, prompting communities to adopt self-reliance measures that challenge established notions of sovereignty. This paper examines this profound shift, with particular attention to the recent establishment of Forest Guards by President Tinubu’s administration as a response to these challenges.

I. INTRODUCTION: THE SOCIAL CONTRACT IN CRISIS

The social contract’s premise—that citizens surrender liberties for state protection—faces unprecedented challenges in Nigeria. As recognized by the Supreme Court in Attorney General of Anambra State v. Attorney General of the Federation, “Security remains the primary purpose of government; when this falters, citizens naturally seek alternatives.” The emergence of insurgency, terrorism, and organized crime has exposed limitations in traditional governance structures, compelling both communities and the government to establish parallel security mechanisms.

II. LEGAL AND THEORETICAL DIMENSIONS

A. Jurisprudential Foundations

The social contract has profound legal implications articulated through Nigerian jurisprudence. In Abacha v. Fawehinmi, the Supreme Court recognized that “fundamental rights provisions in the Constitution exemplify the terms of the social contract between the Nigerian state and its citizens.” This contractual understanding creates justiciable expectations regarding state provision of security.

B. Contemporary Security Challenges

Modern security threats have revealed significant limitations in traditional security paradigms. The Boko Haram insurgency, farmer-herdsmen conflicts, and maritime security threats have prompted legislative responses including the Terrorism Prevention Act 2013, Open Grazing Prohibition laws, and the Suppression of Piracy and Other Maritime Offences Act 2019. The judiciary has acknowledged the need for institutional flexibility in response to these challenges, as seen in Mohammed v. The State, where the Supreme Court noted that “the social contract presupposes the state’s capacity to maintain a monopoly on legitimate violence—a presumption challenged by non-state actors wielding significant destructive capabilities.”

III. COMMUNITY RESPONSES AND LEGAL FRAMEWORKS

A. Community Vigilantism

The emergence of community vigilante groups represents a direct response to the state’s security failures. The legal status of such groups has been addressed in cases like Anambra State Government v. Uba, while legislation such as the Vigilante Group of Nigeria Act represents formal recognition of community self-reliance mechanisms. Regional security initiatives like Amotekun, established under the Ekiti State Security Network Agency Law 2020, demonstrate the evolving nature of security governance in federal systems.

B. Constitutional Tensions

The Nigerian Constitution’s establishment of the Nigeria Police Force as the primary national police force creates tension with community security initiatives. In addressing this tension, courts have recognized that while the Constitution envisions centralized security apparatus, it does not preclude complementary security mechanisms when the central apparatus proves insufficient. This judicial recognition underscores the state’s fundamental obligation to provide security as the foundation of governmental authority.

IV. THE FOREST GUARDS INITIATIVE: A PARADIGM SHIFT

A. Background and Establishment

The recent establishment of Forest Guards by President Tinubu’s administration represents a significant development in Nigeria’s security architecture. This initiative directly addresses the security vacuum in Nigeria’s vast forest reserves, which have increasingly become sanctuaries for criminal elements including bandits, kidnappers, and extremist groups. The Forest Guards concept acknowledges that conventional security forces have struggled to effectively monitor and secure these expansive, often remote territories.

B. Legal and Operational Framework

The Forest Guards operate under a distinctive legal framework that combines elements of environmental protection with security provision. Unlike traditional vigilante groups, they function with direct federal authorization and oversight, creating a hybrid security model that maintains state primacy while allowing for specialized forest-specific operations. This approach addresses a critical gap in Nigeria’s security infrastructure while avoiding the constitutional tensions that have complicated other community security initiatives.

C. Strategic Importance

The Forest Guards initiative demonstrates remarkable strategic foresight in addressing multiple national concerns simultaneously:

1. Security Enhancement: By creating specialized units trained specifically for forest terrain and operations, the initiative directly confronts criminals who have exploited the sanctuary of Nigeria’s forests.
2. Environmental Protection: The Guards serve a dual function of protecting Nigeria’s diminishing forest resources from illegal logging, poaching, and encroachment—addressing both security and environmental imperatives.
3. Employment Generation: The recruitment and training of Forest Guards creates meaningful employment opportunities for youth in rural communities, addressing a critical socioeconomic dimension of Nigeria’s security challenges.
4. Intelligence Gathering: The local knowledge and community connections of Forest Guards enhance intelligence gathering capabilities in areas where traditional security forces have limited insight.
5. Preventive Approach: Rather than merely responding to security incidents, the Forest Guards represent a preventive approach that seeks to deny criminals operational bases and transit routes.

V. A NEW SOCIAL CONTRACT PARADIGM

A. Legislative Innovations

The Forest Guards initiative exemplifies the type of innovative security partnership envisioned by legal scholars as necessary for a recalibrated social contract. It demonstrates how legislative and executive action can formalize community-state security partnerships while maintaining constitutional order. Like the Lagos State Neighbourhood Safety Agency Law and similar frameworks, it represents an evolving understanding of security governance that acknowledges the necessity of specialized, context-specific approaches.

B. Judicial Balancing

The establishment of Forest Guards aligns with judicial principles that community security initiatives must be proportionate to security failures, necessary for addressing specific threats, and subject to meaningful accountability mechanisms. By operating under federal oversight, the Forest Guards maintain democratic accountability while addressing specific security needs that conventional forces have struggled to meet.

VI. CONCLUSION: TOWARDS A MODERN SOCIAL CONTRACT

President Tinubu’s Forest Guards initiative represents a commendable step toward a modern social contract—one that distributes security responsibilities while preserving core constitutional values. This approach acknowledges the reality of security challenges while maintaining state primacy in security provision. The initiative deserves significant praise for its multidimensional approach that simultaneously addresses security imperatives, environmental protection, and socioeconomic development.

The Forest Guards exemplify how Nigeria can develop innovative, context-specific responses to security challenges without undermining constitutional governance. By creating specialized units for forest security, the administration has demonstrated a sophisticated understanding of Nigeria’s complex security landscape and the need for tailored approaches rather than one-size-fits-all solutions.

This initiative aligns with global best practices in security governance, particularly the recognition that effective security provision requires a blend of conventional forces, specialized units, and community engagement. It represents a significant step toward rebuilding public confidence in the state’s security capabilities and, by extension, strengthening the fundamental social contract between the Nigerian government and its citizens.

As Nigeria continues to navigate complex security challenges, the Forest Guards initiative offers a promising model for how the state can fulfill its primary obligation of citizen protection while adapting to evolving threats. President Tinubu’s leadership in establishing this program demonstrates foresight and pragmatism in addressing one of the nation’s most pressing challenges, setting a valuable precedent for future security governance innovations.