A group, the Citizens Network for Peace and Development, has said that Nigerians must look inward and decide what part to play before peace can return to the northern part of the country. Speaking in Abuja yesterday, the group, led by its chairman, Danladi Baido, said since the advent of the present dispensation, the Nigerian polity has experienced lots of negative incidents that have weaken its foundation. According to Baido, “it is unfortunate that whilst governments at all levels strive to provide the muchdesired dividends of democracy, some lapses have, to a large degree, hampered the smooth execution of the Federal Government agenda.” The group vowed to work with the present administration to promote harmony between the government and the people in order to strengthen the democratic process.
Tag: boko haram
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Amnesty likely for Boko Haram in two weeks
A Major development occurred yesterday in the amnesty-for-Boko Haram controversy.
A National Security Council committee was set up to consider the various requests for amnesty for the fundamentalist sect whose activities have cost the nation so much in lives and property.
The Sultan of Sokoto, Alhaji Saad Abubakar III, and many Northern elders have pushed for amnesty for the group. Action Congress of Nigeria (ACN) National Leader Asiwaju Bola Ahmed Tinubu also advocated amnesty – with justice – for the group, saying those with blood on their hands should face the law.
But the Federal Government insists it cannot grant amnesty to ghosts, saying Boko Haram leaders should remove their masks and come out into the open.
A source, who does not want his name in print because he is not authorised to speak on the issue, said that the government set up the committee during a meeting between President Goodluck Jonathan and security chiefs.
According to him, the committee, whose members were not disclosed, have two weeks to recommend to the government the feasibility of granting or not granting the amnesty and what the modalities should be – if it must be granted.
The committee, the source said, is to work directly with the office of the National Security Adviser (NSA). Its report is to be submitted to the President when the Security Council meets in two weeks time.
The source said: “What was discussed was the issue of Boko Haram because so many groups are now calling for amnesty for Boko Haram. In response to the clamour, the government must show that it is listening to the people.”
“This security council meeting was called on the issue. A committee has been set up to report back in two weeks. It is to consider all the requests, the feasibility and recommend modalities for granting the amnesty.
“The committee will work hand in hand with the NSA. The Security Council will meet in two weeks to consider the recommendations of the committee.”
“The President, when he visited Yobe and Borno, did not say government will not grant amnesty. What he demanded is that those members of Boko Haram should come forward, if they are interested in any deal. The issue of Boko Haram is very complex and also the issue of amnesty.”
At the end of the meeting, the security chiefs declined comments on their discussion.
At the meeting, which started around 12 noon, were Minister of Interior Abba Moro and Minister of State for Defence Olusola Obada.
The Minister of Justice and Attorney General of the Federation, Mohammed Adoke and Secretary to the Government of the Federation (SGF) Senator Anyim Pius Anyim were also at the meeting.
Among the security chiefs at the meeting were the National Security Adviser (NSA), Lt.-Col. Sambo Dasuki (rtd), the Director General of State Security Service (SSS) and the NIA boss.
Also at the meeting was Chief of Defence Intelligence, Major-Gen. Sani Audu, Chief of Defence Staff, Admiral Ola Ibrahim, Chief of Army Staff Lt. Gen Azubuike Ihejirika, Chief of Air Staff, Air Marshal Alex Badeh and Chief of Naval Staff, Vice Admiral Dele Ezeoba.
The Inspector General of Police, Mohammed Abubakar, also attended the meeting.
Parrying questions from State House correspondents, Admiral Ibrahim said: “Nigerians can now sleep with their eyes completely closed.”
Abubakar said: “The meeting is still on. NSA will come and brief you.”
But speaking on the matter at the end of the meeting, one of the ministers said that the meeting was to ameliorate the insecurity situation in the country.
She said: “The meeting is just on what we can do with the spate of insecurity, to ensure that it is brought to absolute minimum.”
On whether amnesty for Boko Haram members was discussed, she said: “Some issues to ameliorate the situation were discussed.”
According to Section 1 of the Third Schedule to 1999 Constitution, members of the Security Council are the President, the Vice-President, the Chief of Defence Staff, the Minister of Interior, Minister of Defence, Minister of Foreign Affairs, the National Security Adviser, the Inspector-General of Police and “such other persons the President may in his discretion appoint.
“The council shall have power to advise the President on matters relating to public security, including matters relating to any organisation or agency established by law for ensuring the security of the Federation.”
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Boko Haram: Northern elders insist on amnesty
The Northern Elders’ Forum has called on President Goodluck Jonathan to consider amnesty for insurgent groups in the Northern region, in his programmes to overcome security challenges in the country.
The forum made its position known on Wednesday at a closed-door late night meeting held with the President at the State House.
The 25-member Northern Elders’ Forum was led by the former Nigeria representative to the UN, Alhaji Yusuf Maitama-Sule.
Addressing State House correspondents after the meeting, the spokesperson for the Forum and former Vice-Chancellor of Ahmadu Bello University, Zaria, Prof. Ango Abdullahi, said that the meeting centred mainly on national security.
“The contention here is that the country is facing challenges and am sure you will agree that there are challenges in the country, particularly in the area of security.
“That is the greatest challenge the country is facing today and we spent a lot of times discussing the various issues on security matters.
“On amnesty, what we discussed is that the general opinion in the country is that amnesty should be factored in to whatever the government is trying to do to overcome the violence that is taking place all over the country and, particularly, in most parts of the North.
“Fortunately, the president is already thinking hard on it and he assured us that there is a special meeting on the matter tomorrow and am sure that something substantial will come out of that meeting,” he said.
Abdullahi said that they were at the Presidential Villa as a follow-up to an earlier visit last year where a memorandum was submitted to the president on matters of the nation by the Forum.
He said that the president, after studying the memorandum, invited members of the group for further deliberations on issues raised in the submission.
Also, the Minister of Information, Mr Labaran Maku, confirmed that the group called for amnesty for insurgent groups.
“The issue of security also came up and the Northern Elders’ Forum brought the position that they believe government should consider amnesty for the insurgents in the Northern part of the country.
“They believe that it is the position the most northern elders presently hold to enable them to exercise some influence in the process of achieving peace in the northern part of the country.
“The president said that government has never said that there will be no amnesty but that there must be a process and structure if amnesty is to succeed.
“Again, we discussed extensively on the amnesty that took place in the Niger Delta which attracted extensive discussions and the platforms that were set up to discuss with the militants.
“In the case of the North, amnesty cannot be granted in a vacuum.
“There must be a process, there must be a structure and there must be a way of holding everyone to account in terms of the amnesty process if amnesty is eventually considered.
“The president said that no one has ever said that there will not be amnesty but there must be certain conditions for amnesty to be useful in the process of using it as a mechanism for achieving peace as it relates to the Boko Haram insurgence.
“The president further said that he is indeed engaged in extensive consultations with quite a number of key leaders in relation to the issue of amnesty and that further consultations are going on within the week to take a look at it and see how feasible could it be,” Maku said.
He said the president also briefed the forum on what government had been doing to stabilise the situation in the North and to promote infrastructure development and agriculture.
The minister said the forum was informed of efforts of government toward promoting education in the North, particularly through the construction of more than 100 Almajiri schools to increase access to education by more than 9.5 million children on the streets.
He said the president also spoke about the nine out of 12 Federal Government-owned universities established in the North.
“There was also extensive discussion about what is going on particularly in terms of girl-child education which the Federal Government is promoting again to support access to quality education in Northern Nigeria.
“We also took time to explain the various infrastructural projects in the North.
“We explained to the forum that most of the road dualisation projects that the government is presently implementing are located in the North.
“We also explained to them the various dam projects going on in the North, agriculture and irrigation for farming,” he said.
Maku said that the elders complained that they wanted lake Chad to be restored to its former status and the president explained the efforts of government to achieve that.
Specifically, he said that the Federal Government together with the Lake Chad Basin Commission had agreed to bring water from Central Africa Republic down to Lake Chad.
The minister said that the meeting also discussed the allegation about marginalisation of the North in the civil service, particularly in the directors’ cadre.
He said that the new Head of Civil Service of the Federation presented a report which allayed the fear of the elders and assured virtual parity between the North and South in the Civil Service.
Other members of the forum at the meeting were, Dr Hakeem Baba Ahmed, Mrs Pauline Tallen, Alhaji kali Gazali, Dr Safiya Mohammed, Mr Solomon Dalong and Sheikh Ahmed Lemu.
Also in the meeting were Alhaji Shehu Malami, Sen John Wash Pam, Alhaji Bello Kirfi, retired Maj.-Gen. Paul Tarfa, Alhaji Lawal Kaita, Dr Paul Unongo and retired AVM Allamin Daggash.
Alhaji Sanni Daura, Alhaji Yahaya Kwande, Alhaji Sale Hassan, Alhaji Bashir Yusuf, Justice Mustapha Akanbi, Prof Idris Mohammed, retired Capt. Paul Tahal and retired Capt Bashir Sodangi were also part of the delegation.
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Onaiyekan: consider amnesty for Boko Haram
The calls for amnesty for extremist group, Boko Haram, received a boost yesterday.
The Catholic Archbishop of Abuja, Cardinal John Onaiyekan, implored the Federal Government to consider the possibility.
Though the cleric gave some conditions that must be met before the amnesty is granted, he urged the government to address poverty and corruption before a meaningful turnaround can be achieved.
He warned the government on the precarious nature of state pardon for some convicted persons.
Onaiyekan, in his Easter message, said: “As regards the case of an offer of amnesty to Boko Haram, I believe that we should not discard the consideration of such amnesty.
“Faced with an intractable problem, we have to explore all possible avenues of solution.
“The security response in terms of arms, gadgets and trained personnel is useful and necessary, but obviously not enough on its own.
“The Federal Government will do well to reach out to all political forces and currents, so that the nation can be on the same political page and jointly address this common menace.
“Poverty and unemployment, which are cited as excuses, need to be addressed – and this boils down to the critical issue of good governance at all levels.
“The call for amnesty would seem to me quite appropriate and even necessary.
“I see the call of the Sultan of Sokoto, Sa’ad Abubakar, as an invitation to further discussion and dialogue among Nigerians to sharpen the focus of government action in this matter.
“That discussion has started, for which we should thank the Sultan and his courageous proposal.”
He listed dialogue as a condition to be met by the group. This, he said, include repentance and amendment.
“Before it is eligible for any amnesty, Boko Haram must at least admit that it was wrong to kill innocent people, whatever may have been its grievances.
“If this is not done, it could well continue to feel that it did the right thing and perhaps, it is the rest of us who ought to beg it for pardon.
“As for amendment, it is impossible to bring back the dead.
“But at least a gesture of repentance and apology goes a long way to assuage the sorrow, the hurt and wounds of those who have been hurt and bereaved.
“In such a dialogue, government would be well advised to involve the right kind of people, across board. It should certainly include religious leaders.
“Furthermore, we need not wait for every terrorist to surrender before engaging those who are ready to repent and reconcile,” he said.
On state pardon for convicted persons, the cleric opined that it is an issue that must be carefully weighed by the government in such a way that the laws of the land would not be compromised.
Moreover, he posited that to grant state pardon, some level of genuine repentance and sincere readiness to make amendments must be established.
“Boko Haram may claim to have all kinds of grievances. But the fact is that it has killed innocent people.
“How does the state forgive murderers? How can the government grant amnesty to people who have killed innocent citizens, some in their places of worship?
“The pardon to politicians who have been convicted of criminal misuse of power and massive corruption raises the issue whether the state should pardon someone who has stolen public funds.
“Obviously, the state must handle very carefully whatever powers it has to forgive criminals, otherwise the whole structure of law and order in the society will be seriously compromised.
“There may be political considerations but these cannot be allowed to overthrow moral imperatives.
“This does not mean that the state cannot forgive moral wrong doing.
“It has been done in other countries that claim a high level of democratic culture.
“But it seems to me that in order to do this, there must be at least two conditions, namely genuine repentance and a sincere effort to make amendments.
“Let us see how this applies to the two cases under discussion.”
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Obada, Fashola, Ihejirika task media on Boko Haram
The Minister of State for Defence; Erelu Olusola Obada, the Lagos State governor; Mr. Babatunde Fashola ( SAN) and the Chief of Army Staff; Lt. Gen. Azubuike Ihejirika, on Tuesday admonished journalists to put national interest before every other pecuniary gains while reporting activities of the Boko Haram sect.
They argued that regular attention given to the sect by various media organizations in the country has emboldened the group.
The trio spoke at the opening of a three-day interactive session on Military –Media Relations in Nigeria, held at the 81 Division Auditorium, Marina, Lagos.
The theme of the workshop is: “Enhancing Military-Media Relations Towards Improved Security.”
Obada, who was the Special Guest of Honour at the event, said media practitioners must do away with sensational reporting of the sect’s onslaught in the country.
She said the Federal Government recognized the unique role of journalists in a democratic setting, stressing that it was the realization of this fact that made President Goodluck Jonathan to sign the Freedom of Information ( FoI) Act in May 2011.
Ihejirika in his opening address said the primary goal of terrorists is to win the attention of the media, national and foreign publics and decision- makers in a government.
The COAS stated that it is for this reason that terrorists carefully select the places in which they carry out their attacks in order to get the best media coverage.
He added the terrorists also use the media to publicize their political causes, convey the motives for their terrorist deeds and explain their rationale for resorting to violence.
Speaking further, Ihejirika said the sect recruit its followers, mostly the uneducated and the disgruntled, through a “covert radicalization” process that assures all adherents of many “heavenly benefits” once they kill non-adherents.
He said, “They operate in packet or cells and rely on media propaganda to entice new followers and draw sympathy across the Muslim world. It has also been established that they get their funding from bank robberies, payment of protection fees through intimidation of individuals and through external funding.
“There is also a strong link between the Boko Haram sect and terrorists in the Maghreb including the rebels in Mali who provide them with training, funding and weapons. Their use of IEDs and the adoption of suicide bombing tactics is a clear indication that the Boko Haram sect has no value for human life and the people they claim to represent.”
Fashola on his part urged media practitioners, while reporting Boko Haram activities, to avoid anything that would make the public to panic.
“ I understand that in the media industry there is a need to ensure a positive balance sheet at the end of the year. But this has to be done with caution. What is the need of having a positive balance sheet when there is tension and acrimony in the land? This is a question the media practitioners must ask themselves.
“Security is the most critical role of government. Safety of lives of people kept in my care as head of government either at the state or at the national level is a very important task. It is different from other roles. I can reconstruct the roads and the bridges, provide pipe borne water etc, but I cannot recreate lives that had been lost, “the governor said.
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FG woun’t be cajoled into granting amnesty to Boko Haram-Maku
The Federal Government has said that it would not be cajoled into entering into announcing amnesty to the fundamentalist militant group, Boko Haram.
It insisted that amnesty would not be the first option in the line of action towards seeking an end to the activities of the group.
According to the Minister of Information, Labaran Maku the issue of amnesty would only cone up after the sect might have open up discussion line with government.
“It can only come up in the process of discussion,” he said noting that it would be difficult to grant amnesty to a group that is still evasive.
He cited the case of Borno state government which has announced a sort of ceasefire agreement entered with the group only for the group to strike few hours latter.
He also denied any form of credible discussion with the group noting that in the last one year, ” we have not seen anybody come up to say that they can negotiate with the group”.
He also noted that government has done everything possible to contain the sect.
The minister while also reacting on the call by Sultan of Sokoto calling for amnesty and dialogue with the group, said though the Sultans call was done in good fate, but it cannot be he first option.
He reiterated that government is open to discussion with the sect, but said right now the condition for amnesty is not there, stressing that government is dealing with a group that is secretive.
Besides, the minister noted that there is no clear one person who can speak on behalf of the group.
He did however not over rule the possibilities of some individuals talking to the group, but insisted that, “it will be too early to say that there are credible conversation” between government and the group.
The minister assured that government will continue to look forward to the day when formal discussion with the group will commence, stressing “but the condition for amnesty is not there.”
He also claimed that the security situation in the northern part of the country is not overwhelming, stressing that the security agencies have succeeded in their strategy to contain the group, adding that what is required is the participation of the people.
Citing the case of Niger Delta crisis, he said people came out and discussed with the militants, including the governors which explained the success recorded in the area.
He insisted that without the support and cooperation of the people, the situation in the north will fester.
On the failure of government ending the activities of the sect by middle of last year as promised by the president, Maku said a lot of success has been made since the president gave the assurance.
The minister who also down played the role of corruption in the whole scenario, however admitted that issues of governance in some of the states affected may not be ruled out, but insisted that it will be totally wrong to blame corruption for the activities of Boko Haram, saying that terrorism is a global phenomenon.
The minister also lampooned some politicians who accused of speaking on issues of national security without any sense of responsibility and patriotism.
The minister who was apparently reacting to a statement credited to former Abia state governor, Orji Kalu that it was the government that were behind most of the bombing in the northern part of the country said, it was just unfortunate, adding that what the country, especially past leaders owe members of the security and their families are appreciations for their efforts at containing the activities of the sect.
“the least we can say is to appreciate them (security agencies). For some one to come out to make such claim is so unfortunate and irresponsible.”
Adding, ” there are people who we feel should guide their tongue. Government has maintained some maturity and expected patriotism.
Once you have become a leader, there are things you cannot say.
He also accused the media of reporting politicians and not governance and democracy.
He explained that there are states that were making great progress yet they are not heard. -
Boko Haram: ex-militants give govt ultimatum on action plan
SOME ex-militants have served the Federal Government a seven-day deadline to act decisively on the Boko Haram insurgency and on the activities of other ethnic militias or see them return to the Niger Delta creeks.
Their ultimatum was contained in a seven-point communiqué issued yesterday in Port Harcourt, Rivers State, by the Coalition of Ex-Concerned Agitators and the Social Restoration Foundation (SOREF).
Besides the ultimatum, the ex-agitators alleged in the communiqué that the amnesty process had been hijacked by people who did not mean well for the youths of the Niger Delta.
According to them, most of the people being trained and empowered under the amnesty programme by the committee had nothing to do with the struggle that brought about the amnesty.
The communiqué was signed by “Commander” Bestman Probel, representing the ex-agitators; Dr. Terry Bagia for SOREF, as well as Ronald Onuosa and Comrade C. Opurum as consultants.
But the Amnesty Office, through its Head of Media and Communication, Dan Alabra, described the allegations as spurious and unfounded.
Alabra, in a telephone chat last night, warned that security men would do their job, if the ex-militants decided to return to the creeks.
Alabra said: “Unknown ex-militants could issue ultimatum but they should remember that some of them who returned to the creeks after the Federal Government’s amnesty offer regretted doing so.”
The ex-militants’ communiqué reads: “We wish to sternly warn all ethnic militias threatening the peace of the nation, especially the Boko Haram boys, that ours was not an ethnic agenda and that all ethnic nationalities have the constitutional rights to rule this country.
“We hereby issue an ultimatum of seven days to the Federal Government to look into the issues raised, to forestall the breakdown of law and order and sustain the peace, tranquillity and the ambient business environment enjoyed in the Niger Delta today.
“The members of the committee (amnesty) bring in relatives and friends and people they owe favour, short-changing the real fighters. We hereby condemn this action and call for an independent investigation to confirm this.
“The few genuine fighters who have been trained have not been properly re-integrated into the society, as they are trained and not to be able to put food on their table or secure gainful employment.
“This portends grave consequences, as the people have no other means of livelihood, even as the NDDC (the Niger Delta Development Commission) has vehemently refused to listen to the boys, except some few leaders. We condemn this in totality, because the Niger Delta belongs to us all and not just few persons.
“The foremost lieutenants in the struggle have not been trained or benefited from the process so far. All attempts to secure such training have being futile, in form of insensitivity on the part of the people handling the amnesty process.
“The committee (amnesty) only trains people to become artisans and low-income earners. If you wish to go for degree programme or masters’, you will wait endlessly even after fulfilling all requirements and passed necessary examinations.
“The process has been so mismanaged, to the point that even the monthly stipends meant for the boys are being shared by most leaders and their accomplices in the amnesty office. They have their allowances being short-changed by the same system that was meant to empower them.”
The ex-militants claimed to have uncovered a syndicate, which slashes their monthly stipends. They called for an investigation of their claims.
The amnesty office’s spokesman, however, stated that the Special Adviser to President Goodluck Jonathan on Niger Delta Affairs, Kingsley Kuku, who oversees the amnesty programme, would never be distracted by some disgruntled youths.
Alabra insisted that the few protesting Niger Delta youths were being used, stressing that it was all about politics, while the amnesty programme had received global acclaim, with the template set by the United Nations (UN) being used.
He maintained that the amnesty office did not owe any ex-militant monthly stipends, except a few, who had issues with their papers.
Alabra said: “They (protesting ex-agitators) will be shocked that the programme will end in 2015 and they will not be captured, an indication that they may eventually not benefit from the programme while they continue with their agitation.
“President Goodluck Jonathan gave approval for 3,642 more Niger Delta ex-militants to be absorbed into the amnesty programme, which some people call the third phase, bringing the total to 30,000 youths, but they must be verified, based on arms submitted to the verification committee put in place by the Chief of Defence Staff Vice Admiral Ola Ibrahim and not merely submitting dane guns, but Ak-47 and GPMC, among other weapons.
“Why are they bothered about slots? They just want to make money from the amnesty programme and not to be properly trained. We know the genuine ex-freedom fighters. Persons who signed the communiqué with fictitious names should not be taken seriously. Where are their camps in the Niger Delta? Are they just waking up to make claims?”
Alabra admonished Niger Delta youths to be law abiding so as to benefit from the Federal Government’s transformation agenda.
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The challenge of prosecuting terror suspects
An Abuja-based legal practitioner Iheanyi Maraizu, who is the Principal Counsel at Iheanyi Maraizu and Co, examines how the laws make prosecuting terror suspects difficult.
On Tuesday January 8, 2013, The Nation wrote an Editorial wherein it expressed serious concern over the inability of the Federal Government to prosecute those arrested in connection with the Boko Haram crises ravaging the northem parts of Nigeria and threatening the unity and corporate existence of Nigeria.
According to the editorial, the excuse being given by the Federal Government for its inability to prosecute the suspects and curtail the menace is that extant laws are inadequate to deal with the situation.
With respect to the Federal Government and the office of the Attorney-General of the federation, I dare say that nothing can be farther from the truth.
In my humble view, it is not correct to say that there is no law under which this criminal gang can be prosecuted as the Economic and Financial Crimes Commision (Establishment) Act No 5 of 2002 expressly outlaws terrorism and makes it a punishable offence. For the avoidance of doubt, it is apposite to reproduce Section 14 of the said Act, which deals with offences relating to terrorism.
Section 14 (1) says: A person who wilfully provides or collects by any means, directly or indirectly, any money by any other person with intent that the money shall be used or is in the knowledge that the money shall be used for any act of terrorism, commits an offence under this Act and is liable on conviction to imprisonment for life.
Section 14 (2): Any person who commits or attempts to commit a terrorist act or particapates in or facilitates the commission of a terrorist act, commits an offence under this Act and is liable on conviction to imprisonment for life.
Section 14 (3): Any person who makes funds, financial assets or economic resources or financial or other related services available for use of any other person to commit or attempt to commit, facilitate or participate in the commission of a terrorist act is liable on conviction to imprisonment for life.
In Section 40 of the Act, terrorism is defined as follows:
a.Any act which is a violation of the criminal code or the penel Code and which may endanger the life, physical integrity or freedom of, or cause serious injury or death to any person, any number or group of persons or causes or may cause damage to public property, natural resources, enviromental or cultural heritage and is calculated or intended to –
I.Intimidate, put in fear, force, coerce or induce any government, body, institution, the general public or any segment thereof, to do or abstain from doing any act or to adopt or abandon a particular standpoint, or to act according to certain principles, or
II.Disrupt any pubic service, the delivery of any essential service to the public or to create a public emergency, or
III.Create general insurrection in a state; any promotion, sponsorship of, contribution to, command, aid, incitement, encouragement, attempt, threat, conspiracy, organisation or procurement of any person, with the intent to commit any act referred to in paragraph (a) (I) (II) And (III)
From the foregoing, it can be clearly seen that what the Federal Government lacks is not the law but the will to prosecute the suspects.
The doctrine of necessity
It is pertinent to note that the law recognises that a situation may arise in which law and order may break down and laws to deal with the situation are either inadequate or nonexistent. In such a situation offenders cannot be held in custody until a law is enacted. Any law enacted in this circumstance will have retroactive effect and this will be absolutely unacceptable in a democratic society. Indeed as rightly pointed out by the editorial under reference, retroactive laws are unconstitutional and therefore null and void.
However, despite the complication that may arise as a result of inadequate or nonexistent laws the situation is not helpless as the doctrine of necessity is always resorted to take care of the lacuna.
Simply put, the doctrine is to the effect that necessitas non habet legem ie necessity knows no law. According to Osborns Concise Law Dictionary by John Burke, the invasion of the private rights of others may possibly be jusstified and defended on the grounds of necessity.
There are other dimensions to the doctine of necessity. These include necessitas facit licitum quod alias non est licitum (Necessity makes that lawful which other otherwise is not lawful). necessitas sub lege non continetur quia quod alias non est licitum necessitas facit licitum (Necessity is not restrained by law since what otherwise is not lawful necessity makes lawful). (See generally the English case of Cresswell VS Sirl (1948) IKB 241)
How do the above maxims apply to the dangerous situation in which we find ourselves in Nigeria. It applies to us because the federal Government can invoke the docrine of necessity to deal ruthlessly with the Boko Haram sect. This is with a view to stamping out the evil sect completely. If it means shooting them at sight let this be done. Their lives are not more precious than those of millions of innocent Nigerians whom they have despatched to the great beyond.
It is in fact in inconsonance with the doctrine of necessity that Section 305(1) of the Consttution of the Federal Republic of Nigeria(1999 as amended in 2011)empowers the President to declare a state of emergency in the federation or any part there of.
As soon as the emergency is declared, regular laws (including the constitution itself are made inapplicable in the place or places where the emergency exists.
This will enable the Federal Government to operate under the doctrine of necessity to deal with the emergency situation.
According to section 305(3)(b) of the Constitution, the President shall have power to issue a proclamation of a state of emergency only when there is actual breakdown of public order and public safety…. to such extent as to require extra ordinary measures to restore peace and security.
If the truth must be told, the menace of the Boko Haram sect is the greatest calamity that has befallen this country since the end of the civil war in 1970.
It is a known fact that millions of innocent Nigerians have died and are still dying in the hands of Boko Haram, property worth billions of Naira (both public and private) have been destroyed and are still being destroyed by this evil group. Many more have been rendered not only homeless but also left with no means of livelihood.
Millions of children have been orphaned. It is common knowledge that those who managed to escape being killed are relocating in droves to other parts of the country including their states of origin. In places like Borno, Yobe, Kano and Kaduna armed men go about openly murdering defenceless citizens without any body challenging them.
From the grim picture painted above, can it be said that the situation in the troubled states is not dire enough as to require extra ordinary measures to restore peace and security?
The right to acquire and own immovable property any where in Nigeria is a fundamental right guaranteed by Section 43 of the amended 1999 Constitution of Nigeria. But Boko haram has compelled many Nigerians who toiled to acquire property to abandon them and flee in to safety Still the Jonathan administration keeps pretending that all is well.
Instead of taking appropriate measures to stem the tide of insecurity in Nigeria, the Jonathan administration is deceiving itself by claiming that extant laws are inadequate to deal with the situation. The problem as earlier pointed out is not the inadequacy or non existence of laws. The problem is that the Jonathan administration is for purely political and selfish reasons unwilling to deal with the situation.
The Boko Haram sect has no known grievance against the state. What, then, is the basis of the dialogue which the federal Government is proposing to enter in to with the group.
I, therefore, respectfully disagree with the Nigerian Bar Association and other groups and individuals who are urging the Federal Government to dialogue with the dreaded group.
If the federal Government accedes to the request of those calling for dialogue, a dangerous precedent would have been set in that another criminal gang could emerge in the future and start disturbing the whole country in the hope that it will also be invited for dialogue.
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Boko Haram: Disquiet in Presidency as North backs Sultan over amnesty
• South-South leaders oppose proposal
• NSA opens talks with Algeria, Mauritania, othersIn spite of the position of the Presidency, Northern leaders are supporting the recommendation of the Sultan of Sokoto, Alhaji Abubakar Sa’ad for granting amnesty to leaders of Islamist Boko Haram sect.
The support is causing anxiety in government following fears that Northern leaders might not be keen in collaborating with the administration in tackling the insurgent menace.
It was also gathered that the National Security Adviser, Col. Sambo Dasuki (rtd) had just returned from Algeria as part of steps to seek the support of neighbouring countries where Boko Haram leaders have purportedly relocated to.
But a former Governor of Kaduna State, Alhaji Balarabe Musa, yesterday raised it alarm that the insurgency was is getting out of hand.
Musa said the insurgency has reached a level that it would amount to a waste of time for President Goodluck Jonathan to be waiting for the leaders of the group to come out before he grants them amnesty.
Investigations show that Northern governors, Emirs, opinion and political leaders are backing the Sultan’s call for amnesty.
It was gathered that the Northern leaders were unhappy that the government did not take time to debrief the Sultan on the evidence at his disposal before rejecting his suggestion.
There were indications that the Sultan might have privileged information on the way out of the Boko Haram menace.
A top source who is in support of the Sultan’s call said: “The truth is that since the Sultan demanded amnesty for Boko Haram leaders, many Northern governors, leaders and Emirs have been backing him.
“Already, some Northern leaders have been angry that Sultan’s recommendation was just dismissed with a wave of hand by the President.
“They think the government needs to take a second look at Sultan’s suggestion or else it might end up not enjoying the support of the North in addressing the menace.
“Yet, there is no way the government can solve the Boko Haram challenge without the involvement of Northerners.”
But it was learnt that the National Security Adviser had been trying to persuade Northern leaders to appreciate that the President is not opposed to dialogue with the sect leaders.
Another source said: “The NSA has been making them to realize that the President is only after a well-tailored amnesty programme not just mere mouthing of such option.
“Dasuki said these Northern leaders should take cognizance of the fact that the government opted for dialogue option when he came on board and that was why he embarked on shuttles to all the troubled spots in the North and key opinion leaders.”
As at press time, it was gathered that Dasuki had just returned from a trip to Algeria to plead for collaboration against Boko Haram following intelligence report that most of the wanted leaders of the sect are holed up in the desert nation.
A reliable security chief added: “In the last few weeks, Nigeria has been trying to open up talks with strategic neighbours. Besides leading a team to France, the NSA had collaborative talks with Algeria, Mauritania, Chad and Niger Republic.
“The exchange with neighbouring countries was necessitated by intelligence reports that both Boko Haram and Ansaru leaders are now operating outside Nigeria.”
But speaking with our correspondent yesterday, Musa, a former Kaduna State governor, asked Jonathan to have a rethink and declare amnesty for Boko Haram leaders.
He said: “The security situation is getting out of hand; it seems to be slipping off the control of security agencies. The Sultan is talking for Nigeria, not the North. President Goodluck Jonathan should give amnesty a deep thought.
“ If this Boko Haram crisis is not solved, it will spread to all parts of the country. Let me remind you of the Nigerian civil war in the late 60s. At a point, the late Biafran leader, Col. Chukwuemeka Odumegwu took control of the South-East and the South-South. When he was almost seizing the Mid-West in order to march to the South-West, all Nigerians knew that there was a major challenge at hand.
“The situation has reached such a level that asking the Boko Haram leaders to come out as the President had done is a waste of time.”
He asked, “How can he (president) say that these sect leaders are faceless when he is the chief security officer of the country, when he has so many of them in detention, and when the nation spends a quarter of its budget on security and defence?
“Secondly, Boko Haram leaders are already in detention. By now they should know those behind the sect. The President is not a market leader and he has to be in charge. He said in his own words that Boko Haram members are in his government. If he is unable to dialogue with them, then it is his fault.
“Those who are calling for dialogue are actually saving his government. Let him use those in detention to identify the leaders of Boko Haram and open dialogue with them. When Yar’Adua realized the Niger Delta crisis was getting out of hand he did not wait for a long time to declare amnesty. And more militants came out to embrace amnesty than it was initially imagined. Why can’t he do the same thing unless some forces in government are behind Boko Haram.”
Despite what appears to be growing Northern consensus, leading Niger-Delta leaders are rising against the amnesty calls.
President of Conference of Ethnic Nationalities of the Niger Delta, Prof Kimse Okoko, has kicked against it.
According to him, the sect had wasted too many lives and shown no remorse or commitment to dialogue.
“Boko Haram is an insurgency that I find difficult to reconcile with the calls for amnesty. It is an ongoing insurgency and these people have not laid down their arms so how can we even consider dialogue, let alone amnesty?’’
He argued that advocates of amnesty should remember members of the sect have not embraced dialogue or negotiation under any guise.
The former President of Ijaw National Congress (INC) also punctured claims by Northerners that the Niger Delta region is deriving too much from the federation.
He stated that compared with the environmental degradation and massive fund contributions to the federation account, what the Niger Delta region receives as allocations is grossly inadequate.
Okoko said: “People should not be making these unscientific statements. If you look at the deprivations in our region and what we contribute to the nation, you discover we really do not get much.
“The only road linking the region, the East-West road has not been constructed after several decades. We have not been compensated for all that we are suffering and there is no commensurable returns for what we contribute.’’
He said such arguments would have been needless if Nigeria were practising true federalism.
“These people talking are politicians who do not have a clear idea of what is at stake. We are talking development while they are politicking. Let’s control our resources and then we see who is really who.’’
Other prominent leaders from the Niger Delta region have faulted Kano State Governor, Alhaji Rabiu Musa Kwankwaso, over his perceived justification of Boko Haram violence and his call for amnesty for members of the Islamic sect.
Ms. Ann Kio Briggs of the Ijaw Republican Assembly, former MEND leader, Chief Government Ekpemupolo, the Izon-Ebe Oil Producing Communities Forum (IOPCF) and pioneer Chairman of Traditional Rulers of Oil Mineral Producing Communities of Nigeria, (TROMPCON) Pere Charles Ayemi Botu, yesterday reacted angrily to statements credited to the governor.
IOPCF President, Mr. Edougha Moses, accused the governor and other prominent northern politicians of hiding under the violence of Boko Haram to unleash mayhem on hapless Nigerians in order to score cheap political points.
He said, “The North should also know that using religion as a cover up to cause destruction of lives and properties with the ill motive of distracting President Goodluck Jonathan can no longer be acceptable to the oil and gas producing communities. The insecurity in the nation is hatched by evil machinations of those who wish (for) Nigeria’s disintegration.”
Ayemi-Botu said Kwankwaso’s statement is in tandem with his “anti-Niger Delta antecedents.” While noting that the Kano State Governor has a history of being against the people of the oil bearing communities, said the statement was also an eye-opener on the sponsors of the violence bedevilling the country.
He said northern politicians are behind the plot to make the country ungovernable having lost power.
“Kwankwaso could be one those sponsoring Boko Haram. It is an irony of fate that somebody of his status could open his mouth to incite a section of the country against the other. Is it because they think Niger Delta is getting too much that they want to use Boko Haram to tear the country apart?”
He cautioned that the magnanimity of the Niger Delta people should not be taking for granted.
Media aide to Ekpemupolo (aka Tompolo), Paul Bebenimibo, decried the statement by the governor, describing it as careless and capable of plunging the country into another civil war.
He said: “It is unfortunate that Kwankwaso has a history of making very careless statement. It was he who recently advised Ibos to leave Kano State because government could no longer protect them.”
Ms Ann KioBriggs also lambasted Kwankwaso for making statements unbecoming of his position and status, stressing that his utterance seems to justify violence as a means of objecting to perceived injustice.
She noted “Is he (Kwankwaso) saying that it is also not unjust that we suffer environmental degradation from oil exploration, that it is unfair that Bayelsa, which produce oil, has only eight local government areas while Kano has 44?
“I want to tell him it is not fair that Kano has 44 local government areas while Bayelsa which produces the money he is using to develop Kano and running of the 44 LGAs, has only eight. I want to tell him that that is not fair.”
She said the position of Kwankwaso suggests that that Igbo, Yoruba and other ethnic groups should take up arms and hack hapless Nigerians to untimely death whenever they are displeased with government’s policies.
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Boko Haram: A multi-level failure of leadership
Boko Haram is the result of a multilevel failure of leadership
It is not for nothing that the recently departed Professor Chinua Achebe situated the problem of Nigeria squarely on a failure of leadership. This has again been poignantly certified true as the chicken has come home to roost. Boko Haram, it was discovered this past week, is already knocking on the doors of metropolitan Lagos and it took no less than 100 security operatives to put a Boko Haram cell therein to sleep. In the meantime, we do not know how many more are in the city, being primed for an opportunity to cause maximum damage.
For most Nigerians then, Biafra was in faraway Afghanistan until that solitary plane flew into Lagos. With the Badiya, Ijora discovery, many eyes will now open to the fact that Boko Haram is no tea party.
It is no use telling them that a single suicide bomb attack in Lagos will be the very beginning of Nigeria’s unravelling since disintegration is what they want.
A lot of commendation has been showered on South-West governors because of the relative peace in the region, but a single Boko Haram strike in Lagos can shred all that. That exactly is how dangerous the security situation in the country has become and why all Lagos residents must sign on to this war. We must all become the ears and eyes of the security agencies which, in turn, must immediately advertise telephone numbers through which residents can pass information to them. I once gloated on this page that were the North attacks happening in the South, everybody here would have become a vigilante in his neighbourhood. To be effective,the security agencies need the full support of the local communities, even though I remain skeptical about the efficacy of this shooting war against a very mobile enemy.
Without a scintilla of doubt, Boko Haram is the result of a multilevel failure of leadership and leading the pack in this, as the causative factor, must be the cultural practice that permits a rich individual to treat thousands of his compatriots like mere serfs who, upon being fed and given handouts, must begin to ‘rankadede’ them like they have no lives of their own. These powerful men do not appreciate what psychological problem they inflict on society thereby; since they think only of themselves. Indeed, their own children also graduate to become a burden on the poor like their fathers. Not unexpectedly, people so malignantly treated readily constitute a fertile recruiting ground for the likes of Boko Haram.
Another major plank in leadership failure was the introduction of political Sharia.
Seeing how rapidly it evaporated, though not its huge army of armed enforcers, I am not sure how its originator, now Senator, Ahmad Sanni Yerima , his brother copy-cat governors, and then president Obasanjo who, completely out of character, treated it with kid gloves, must be feeling today. It is common knowledge that Boko Haram was a peaceful organisation at inception. Without a doubt, the fact of many of its members subsequently joining the Sharia enforcers must have toughened and prepared them for today’s war against society. This must have made its members attractive to those politicians who later adopted them as a necessary wing of their campaigns. The fact that then President Obasanjo saw nothing wrong in the introduction of Sharia, in a non-Muslim country, did a lot to embolden both the politicians as well as their armed gangs who were mostly members of Boko Haram. These days, I laugh when Obasanjo puts Jonathan on the surgical table, viscerally putting him under the scalpel; when he points a finger at Jonathan, I can’t fathom where he thinks the remaining four are pointing.
But much worse must be how northern leaders ensured that their people, especially children of school age, were educationally malnourished, preferring to turn them into Almajeris. Consequently, at the prime of their lives, rootless, uneducated and unemployed, if not unemployable, except as lowly menial workers, they become ready hands for the likes of Boko Haram. Unfortunately, when they commit crimes, like hacking down defenceless Youth Corps members or security men in the course of duty, they are assured, apriori, that they are beyond any punishment.
Now the chicken has come home to roost.
It is interesting that it was in Borno State, now hardest hit by Boko Haram, that a one-time state governor, reputed to be probably richer than the state, once gloated that newspapers could criticise him all they want, since only a negligible fraction of his people are literate enough to read newspapers.
Rather than build schools or establish industries to which the energies of these young men could have been properly directed, what we see in the long years of northern political/military domination are Sheik-like houses built by individuals like they were intended to house entire towns. This is why I do not subscribe to all these theories about poverty being the reason for Boko Haram. At the very best, it would only be a self-inflicted poverty; inflicted by leaders who should have been concerned with helping the under class but chose to turn a blind eye.
But if leaders in the north are guilty, the President, on whose table the buck stops, must carry the can. Although Obasanjo had been grossly unkind the way he prescribes contradictory solutions, President Jonathan has shown a vacuity that can only be astounding given his education and long years in the corridors of power. I am at a loss as to how the President will today differentiate between Afghanistan, Iraq and the country over which he presides. After he had been staggered into visiting the North-East, he got there and demonstrated a gripping unpreparedness; failing, unbelievably, to proffer a single productive way by which to end the Boko Haram insurgency. All we saw was some kind of sabre rattling, threatening elders he will, willy nilly, have to partner with on the long run.
Let me conclude this article by offering Mr President an advice. What Nigeria needs, Mr President, is structural re-engineering which a compatriot, Wale Adeoye, recently put as follows: ‘To get out of this unending human carnage, this is the time to enter into genuine, constructive dialogue with Boko Haram. This must involve giving concessions for the right of the group to participate in democratic elections. This may sound awkward, but an Islamic Party controlling a part of the country should not be seen as antithetical to democracy, if the party enjoys the support of the majority.The siege mentality that defines our national politics in a plural society must vanish. Ethnic groups, environmentalists, and other groups that seek political power, driven by particular interests, either ethnic or religious, must be allowed to register their political parties and contest in their own area of cultural jurisdiction.’
The Afenifere Renewal Group was saying the same thing when it advised as follows at a recent press conference: ‘It is our view that there is no better time than now to convene a national conference that would finally resolve the Nationality question that constantly and continuously pushes this country to the precipice.’
This, Mr President, is restructuring by another name. You need not be unduly overwhelmed by considerations for 2015. If this country unravels, there will be no 2015 for you or anybody else.
Be a statesman; convoke a national conference by whatever name, and save Nigeria.