Federal High Court sitting in Abuja has barred the Nigerian Security and Civil Defence Corps (NSCDC) and the Minister of Interior from meddling into the affairs of organisation or establishment that employs its own security guards.
This is sequel to a suit no: FHC/ABJ/CS/1301/2019, filed by Reiz Continental Hotel against Nigerian Security and Civil Defence Corps (NSCDC) and the minister of Interior.
In a judgment on June 8, 2020, Justice Taiwo O. Taiwo ruled that any person or corporate entity who employs more than one person to secure its private property must not necessarily engage the services of a private guard company, as canvassed by the NSCDC and Interior minister.
The suit is challenging the propriety of the NSCDC applying the provisions of the Private Guards Companies Regulations 2018 issued by the minister of Interior, particularly Section 23 of the Regulations to individuals, who are not Private Security Guard Companies contrary to Sections 1(1), 35 and 36(3) of the Private Guard Companies Act and Section 4 of the 1999 Constitution, as amended.
The crux of the case was whether the minister of interior had the power to expand the scope of the application of the Private Security Guard Companies Act through subsidiary legislation, in this case, the Private Security Guard Companies Regulations 2018.
The NSCDC had written to the plaintiff, sometimes in September 2019, vide a letter entitled: “Illegal Operation of Unlicensed Security Companies”, wherein it alleged that the hotel contravened section 23 of the Private Guard Companies Regulations 2018 and by extension the Private Security Guard Companies Act, because it had employed more than two persons to guard its premises, which is a private property.”