Guardian

Again, a call on arms to save the federal republic

The die is cast. After months of waiting for the Boko Haram insurgents to have a change of heart, the federal government eventually ran out of patience last Tuesday and went for the kill. Nobody, President Goodluck Jonathan declared in a national broadcast, would be allowed to erode the sovereignty of the federal republic. ROTIMI LAWRENCE OYEKANMI and WOLE OYEBADE chronicle the events leading to the latest development

CRITICS of the federal government’s former reconciliatory approach to the deadly insurgency waged against the entire country by the Boko Haram sect were finally proved right last Tuesday, when President Goodluck Jonathan declared a state of emergency in Borno, Adamawa and Yobe states.

Without mincing words, and in an attitude expected of a Commander in Chief of the Nigerian Armed Forces, the President declared in a terse statement: “Those who are directly or indirectly encouraging any form of rebellion against the Nigerian state and their collaborators; those insurgents and terrorists who take delight in killing our security operatives, whoever they may be, wherever they may go, we will hunt them down. We will fish them out and we will bring them to justice.” No matter what it takes, Jonathan also assured, “we will win this war against terror.” The President had cut short his tour of some African countries, rushing back to home in view of the country’s grave security situation.

Quoting Section 305, sub-section 1 of the 1999 Constitution which gave him the power to declare a State of Emergency, Jonathan declared that the “troops and other security agencies involved have orders to take all necessary action, within the ambit of their rules of engagement, to put an end to the impunity of insurgents and terrorists. This will include the authority to arrest and detain suspects, taking of possession and control of any building or structure used for terrorist operation, the conduct of searches and the apprehension of persons in illegal possession of weapons.”

Although, the President assured that subsisting efforts at persuasion and dialogue would still continue, which some interest groups now see as unnecessary, he reiterated the government’s duty to ensure the security and well being of all Nigerians and the protection of the country’s sovereignty. He asserted: “We have a duty to stand firm against those who threaten the sovereign integrity of the Nigerian state. Our will is strong because our faith lies in the indivisibility of Nigeria.”

The latest move is coming on the heels of the limited state of emergency that was declared in some local government areas in Borno, Plateau, Gombe in December, 2011.

Already, a massive deployment of troops and equipment to the three states has commenced. The operation will be jointly undertaken by the three services: Army, Navy and Air Force. While the Army will supply the bulk of the ground troops with its equipment, the Air Force and Navy will supply aircraft and other necessary equipment.

The Director of Defence Information, Brig. Gen. Chris Olukolade affirmed that the focus of the operation would be the tracking down of criminal elements, who have been using the border communities to violate the country’s sovereignty. The three states involved share borders with Cameroon, Chad and Niger Republic. Olukolade also stated that the military had briefed the participating troops appropriately on arrests, cordon and search.

Reactions have been mixed. Some individuals and interest groups share the notion the federal government should have taken this decisive step a long time ago, given the impunity with which the insurgents have been carrying out their activities.  But there is also a school of thought, which, curiously, is opposed to the latest move, but has so far failed to provide an alternative solution.

Pastor Ayo Oritsejafor, President of the Christian Association of Nigeria (CAN), whose members have borne much of the brunt of the Boko Haram onslaught, has understandably welcomed the development. In a statement issued on Wednesday, he endorsed the federal government’s decision, describing it as both “justified” and “a vindication of CAN’s position that negotiation with terrorists would always fail.”

But the Sultan of Sokoto and spiritual leader of Muslims in Nigeria, Alhaji Sa’ad Abubakar is yet to issue a statement. He has advocated the use of dialogue and had also encouraged the federal government to grant amnesty to the insurgents.

Organised Labour and civil rights activists have differed in their reactions. While the Nigeria Labour Congress (NLC) President, Abdulwaheed Omar lauded the action, the duo of the National Coordinator of the Nigeria Voters Assembly, Moshood Erubami and Femi Aborishade faulted the move.  In the same vein, while former Kaduna state governor, Alhaji Balarabe Musa and the Northern Youth Forum condemned the federal government’s decision, former Ogun State governor, Segun Osoba and constitution lawyer, Festus Keyamo, commended the government. In fact, Keyamo was also of the view that the President was constitutionally correct for not suspending the affected state governors from office, as some commentators would have preferred.

Interestingly, the Action Congress of Nigeria (ACN) has advised the National Assembly to reject the declaration. In a statement by its National publicity Secretary, Alhaji Lai Mohammed, the party described the President’s decision as “lacking in original thought.”

But in a swift reaction, the Peoples Democratic Party’s (PDP) National Publicity Secretary, Chief Olisa Metuh accused the ACN and others of being behind the insurgents. He also described

ACN’s reaction as “that of a political party speaking from either a diseased mind: a blackmailer who doesn’t mind doing the trifle to remain relevant, or a political party actively conniving in this mindless war on Nigeria.”

According to Associated Press (AP), more than 1,600 people have been killed since 2010 in numerous attacks by the Boko Haram insurgents, believed to have a strong link with al Qaeda. The sect, which means “western education is sacrilege,” has, among other demands, said it wants its imprisoned members freed and the strict sharia law adopted across the nation. It does not recognize the federal government and holds it with contempt. When the idea of amnesty was mooted, its leader, Abubakar Shekau spurned and rejected it, insisting that Boko Haram should be the one to offer the federal government amnesty.

The group maintained a low profile during its first seven years of its existence, but that changed in 2009, when the federal government launched an investigation into its activities, following reports that its members were arming themselves. Prior to that, the government had repeatedly ignored warnings about the increasingly militant character of the organization.

Eventually, the government went into action, leading to the arrest of several members of the group in Bauchi, sparking  deadly clashes with the security forces that led to the death of an estimated 700 people.  During the fighting with the security forces, Boko Haram fighters reportedly “used fuel-laden motorcycles” and “bows with poison arrows” to attack a police station. The group’s founder and then leader Mohammed Yusuf was eventually arrested. He died in controversial circumstances while in police custody. After Yusuf’s killing, a new leader emerged whose identity was not known at the time and the sect’s anger went over the roof.

The group carried out its first attack in Borno in January 2011, killing four people. Since then, the attacks have escalated both in frequency and intensity. By early 2012, Boko Haram was responsible for over 900 deaths, in about 290 separate attacks in 12 northeastern and central states including Abuja, making 2012 the deadliest year since it began its crusade. This year, about 250 people have so far  been killed in Boko Haram-related attacks and incidents, according to reports.

The litany of attacks include those of the United Nations (UN) office and the Police Headquarters both in Abuja; St. Theresa’s Catholic Church, Madalla, Niger State; Deeper Life Church, Okene, Kogi State; the Military Cantonment Jaji, Special Anti-Robbery Squad (SAS) office and other numerous security facilities, especially police stations. Even the media was not speared. A building, housing ThisDay, Sun and Daily Trust newspapers in Abuja, was bombed by suicide bombers belonging to the sect.

The search for peace had earlier taken Jonathan to Borno and Yobe states. At the series of parleys during the two-day visit, Jonathan had insisted that the Federal Government could not grant amnesty to ghosts as suggested by some northern leaders. Instead, he urged Boko Haram leaders to come out of their hiding and dialogue with government as was done in the Niger Delta, when the militants laid down their arms before amnesty could be granted.

The history of a state of emergency in the country has always been linked to the times of serious civil unrest. The first emergency rule in Nigeria was in 1962, when Dr Moses Majekodunmi was appointed the Sole Administrator of the defunct Western Region, as a way of resolving the crisis that threatened the Action Group government in the region at that time The crisis began when the then Premier, Chief S.L.A. Akintola was removed by the Government of Western Nigeria and Chief Dauda Adegbenro was installed as Premier instead.  The Western Region House of Assembly had convened to pass a vote of confidence on Adegbenro’s government, when Akintola’s supporters in the House allegedly created an uproar, forcing the Police to disperse members with tear gas.

Because of the confusion arising from the claims by the feuding parties to the Premiership of the region, the federal parliament, in exercise of its powers under the 1960 Constitution, declared a state of emergency in the Western Region and approved the appointment of Majekodunmi as its administrator.

Since the return to civil rule in 1999, Nigeria’s political history has undergone several upheavals. The country has experienced security challenges that threatened its young democracy and tested the will of the federal government. Consequently, past leaders have been forced to invoke the same section of Constitution, which empowers a sitting president to declare emergency rule whenever the peace of the country is threatened.

Before Jonathan’s declaration of partial emergency rule in some troubled states on Tuesday, Plateau and Ekiti States were the only states that have experienced emergency rule since 1999.  Former President Olusegun Obasanjo had, in May 2004, declared emergency rule in Plateau State, following a sectarian crisis that claimed hundreds of lives and left many homeless. Major General Chris Alli, was directed to take over the affairs of the state for a period of six months, with a mandate to end the strife and restore order. Both chambers of the National Assembly backed the measure at that time.

In Ekiti’s case, Obasanjo introduced emergency rule on October 19, 2006 , to “ensure that peace and orderliness return to the state.”

It was to last for six months in the first instance, while the state House of Assembly was suspended. Retired Major General Tunji Olurin was appointed as Administrator of the state.

A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers. It could also suspend rights and freedoms guaranteed under the Constitution. It could be invoked as a result of natural or man-made disasters, during a period of civil unrest, following a declaration of war by an external aggressor or as a result of internal armed conflicts.

Section 305 of the 1999 Constitution provides for the proclamation and imposition of a state of emergency covering the whole country or in any part of it. The section empowers the President to issue a proclamation of a state of emergency by way of an official Gazette. It states under sub section (1) that: “Subject to the provision of the Constitution, the President may by instrument published in the official Gazette of the Government of the Federation, issue a proclamation of a state of emergency in the Federation or any part thereof.”

Subsection (3) further states that the President shall have power to issue a proclamation of a state of emergency only when: the Federation is at war; is in imminent danger of invasion or involvement in a state of war; there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security; there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof, requiring extraordinary measures to avert such danger or when there is an occurrence or imminent danger of any disaster or natural calamity, affecting the community or a section of community in the Federation.

Other conditions include when: there is any other public danger, which clearly constitutes a threat to the existence of the Federation; and when the President receives a request to do so in accordance with the provisions of subsection (4) of the section.

It is also important to note that in declaring a state of emergency, the President must do so in conjunction with the National Assembly. In this regard, Section 305 (2) states: “The President shall immediately after the declaration, transmit copies of the official Gazette of the Government of the Federation containing the proclamation including the details of the emergency, to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.”

Citing the constitutional provisions, Constitutional lawyer, Prof. Itse Sagay, said the declaration of state of emergency in Borno, Yobe and Adamawa States by President Goodluck Jonathan was a right step in the right direction. Although, he observed that the move was coming rather late, considering the dangerous turn of attacks by insurgents, particularly in the North Eastern states, he however commended the Federal Government for taking the bold step.

According to him, if the government had not taken the decision, the terrorists could fully take over the affected states.

His words: “I’m fully in support of it. It is the right step. But in my view, it’s (declaration of state of emergency) been taken rather late because the way we were going, this Boko Haram was beginning to fancy itself as a real authority and power in Nigeria. Not only that, but as the authority with the right and capacity to exterminate lives en mass. It is a terrorist group that has absolutely no regard for human lives, no feeling. They are just mass murderers, taking control of some parts of the country and those parts of the country are beginning to yield to their pressure and accepting their authority.

“We would have ended up having some states created and being run by terrorists and Al-Qaeda adherents next door to Nigeria and so the president took the right step.”

Sagay also commended the Federal Government for abiding by constitutional provisions on the need for governors and Houses of Assembly in the affected states to fully exercise their constitutional rights.