The Federal Government recently set up a committee to check the national security challenges posed by the insurgence of Boko Haram. The committee is mandated by government to work out modalities for amnesty to members of the sect.  However, since the setting up of the body, the activities of the sect seem to have increased monumentally, leaving many stakeholders querying the propriety of the amnesty programme. In this encounter, a renowned Lagos- based lawyer and a Senior Advocate of Nigeria (SAN), FELIX FAGBOHUNGBE took a swipe at the proposed amnesty deal. He, however, calls for a stakeholders’ dialogue to resolve the security challenge.

FAGBOHUNGBE is of the view that the proposed amnesty programme for Boko Haram is a good idea in the sense that it is a positive response of President Goodluck Jonathan to the request of the northern leaders and political elders. His word: “If the president has completely rejected it, the northern leaders will blame him for the increase of insurgence on the ground that he did not listen to them. So, the President has pleased them by accepting their suggestions by setting up the amnesty committee.  But rather than the insurgencyabating, it is increasing on a daily basis. In fact, it is more devastating than before. So, I want to believe that we have not really gotten to the root cause of these problems. Some members of the sect that were arrested have also clearly stated that they want Sharia to be introduced in the entire country. Some would accept the demand while others would not accept it. So, once you have divergent position in that manner, it could lead to the collapse of Nigeria as a country.

Asked whether amnesty would have any effect on the nation’s current challenge,  Fagbohungbe expressed doubt on the call on the ground that the insurgents and proponents of amnesty seem to have different objectives.

He said: “The objective of Boko Haram is to Islamise the whole nation. That is what they said they want. So as long as that objective has not been made, if you introduce amnesty, they are not going to surrender because you have not done what they want you to do. They have come out to reject amnesty. They categorically said they don’t want amnesty because they have not done anything wrong.  You can then see that this situation cannot be reconciled. So, the amnesty programme has failed from the beginning.

On whether the proposed amnesty programme could be justified legally, the revered Senior Advocate has this to say:  “ If people are fighting for a cause or even though they may have a good cause but they go about it in a wrong way by committing crimes, of course, the crime can be waived.  It is technical pardon for them. It is like exchanging arms with peace. But the Boko Haram sect doesn’t want to surrender.

On whether amnesty could be granted without admission of guilt, Fagbohungbe said: “If you look at the political environment, you will see that it is already giving Nigeria a bad name. The situation is very tense, the level of destruction is high and very many people have been killed. It is becoming very complex for the Federal Government to handle, it is spreading like bush fire in Nigeria and if it is not properly and quickly abated, Nigeria can break. What is worrisome in the whole thing is that members of the sect are not regretting their actions and I don’t think they want to be remorseful either.

On whether the matter could be handled through the legal process, the learned silk said, although the anti-terrorism bill, if passed into law, could help, but the issue at hand has gone beyond law.

“I can tell you that it is more political than law, because it is like a plague, there is no law that can arrest a plague. It is something that is ravaging the entire country. So law cannot handle it.”

“ If you look at what happened at Bama, police station was destroyed, prison burnt. The Police, who are to enforce the law, were killed. That shows that there is complete breakdown of law and order. That means that government is failing completely in that area. Don’t forget that any part of the body that is injured or damaged, the whole body is damaged. Borno, Yobe, Kano and Kebbi states are part of Nigeria, and these places have become desolate. That means Nigeria has become desolate and it can spread like that if it is not quickly checked. It is a major problem for Nigeria and it is not a laughing matter. Everybody is in danger not withstanding, that it is happening in Borno and other northern states.

On the propriety of   declaring a state of emergency in the affected states, Fagbohungbe said it would not bring any solution. He said: “ It is not the governors of the states that are incapable of handling the matter. It is not the states’ issue, it is even beyond the Federal Government. If we want to declare a state of emergency, it could only be declared for Nigeria, not in Borno, Kano, Yobe or Kebbi states”.

On the options that are opened to the Federal government to handle the challenge, he said: “ It is a major problem that requires all stakeholders in Nigeria to sit down and discuss, leave their personal, political positions and interests and come together to address the issue because if they don’t address it together, by the time it spreads to other parts, then you will know the negative impact it is having on the polity.

Asked whether Nigeria could be classified as a failed state, the learned silk said: “ I don’t disagree with the fact that Nigeria is nearing to a failed state because leadership is an issue in any matter. If you come to administration, leadership is a pivotal issue. There are issues you have to be firm about. There are others you cannot play politics with. There are some you can be gentle with. It depends. One needs a lot of wisdom and consultations to deal with such issues when they arise.

I know so many foreigners in United Kingdom. When we invite them to come here, they tell you that they cannot come because of kidnapping. So, rather than come to Nigeria, they prefer you to come to their country. To them, it appears that no area in Nigeria is safe. We have some Queen Counsels (QCs) that were to come for some matters in Abeokuta; they could not come because they were afraid of kidnapping.

On the implication of the government’s foreign investment drives, he said: “government is playing to the gallery.

“ If an old man like Ali Monguno, at 92, could be kidnapped, then nobody can walk freely in Nigeria. That is not life, what kind of life is that?  So those who are familiar with Boko Haram people should talk to them, if dialogue could solve the problem. The machinery of government is strong, and large. It is big. If it is money, the Federal Government, has it. If it is force, It has it. It should use it appropriately to solve the problem.

Asked if good governance could help in checking the insurgency, Fagbohungbe, stated: “When you have unemployment, that is the kind of thing you get. We have several universities in Nigeria producing graduates every year and there is no consummate employment provisions or facilities. When you produce 50,000 graduates and you cannot employ 1,000, you are creating a huge problem. All the factories are closing down and turning to churches, whereas government is going ahead approving establishment of new universities. This is serious. The cause of Nigeria’s problem is unemployment. When the youths are unemployed, it is a serious issue. It is going to be worse all over Nigeria before you know it. What the Federal Government should do is to come out with ways to employ all these graduates.

On whether stipends  should be paid to youths who are unemployed in Nigeria, the lawyer said it would not solve the problem.

“Stipends cannot solve Nigeria’s problem. In UK and other countries, where you have such, it works because they are organised societies. But here, it cannot work. Even payment of pensions, what do you hear? You hear one individual pocketing the entire pensions. So they can only do that on paper not to the individual’s pocket. If someone pockets the money meant for others, nothing will happen.

On propriety of a refugee status law as being canvassed by the Chief Justice of Nigeria (CJN), Fagbohungbe said: “refugee laws are not what we need at the moment.”

“ We need laws that will compel people to employ the unemployed youths so that there would be peace in Nigeria. Refugee law is not our priority even if it is desirable. They should make law and put money for employment, create jobs, establish factories, have industries all over the country, where the government would employ people. That is what the Federal Government should do.