The Nation Newspaper

Tag: emergency

Make emergency rule count

There are reasons why emergency rule declared in three Northern states is not a bad thing. On Tuesday, an unusually tough-talking President Goodluck Jonathan provided the grounds for troops to move into Borno, Yobe and Adamawa states and do everything within the law to rescue them from the grip of Boko Haram.

It is easy to understand why. For every single strategy adopted to stop the killings and keep the peace in the North has failed to produce result. Initial closing of the eyes and wishing the violence would not continue did not help. The President’s appeals that enough was enough, was not enough to impress the insurgents. Nor did the region-wide rounds made by National Security Adviser, Sambo Dasuki. Occasional military clashes with members of the sect did not yield much fruit either. Even the arrest of several alleged members of the sect has not stemmed the blood flow in the land.

A peace offer named amnesty just about blew up in the President’s face as soon as he announced it, with the sect appearing to seize the initiative and declaring that it needed no forgiveness. Jonathan has gone on to constitute the amnesty committee anyway, but there is no evidence that dialogue is taking place or that members of Boko Haram are laying down their arms. They have increased in stature, in reach, in tactics and in courage. They have gone on from shooting or bombing street crowds to targeting public institutions and international organisations, even kidnapping. They also seem to be inspiring some local cult groups, a recent example being the killing of scores of policemen in Nasarawa State.

When the sect threatened back in 2011 that its fighters would “hunt down” Bauchi State Governor Isa Yuguda and his former counterpart in Gombe, Senator Danjuma Goje, the two gentlemen promptly begged. Yuguda apologised “for perceived injustices caused” the group. Goje “hereby tender my public apology to the organisation for any wrong done to it in the course of performing my duty as the then governor of Gombe Sate.”

You cannot blame the pair. It was wise considering the might of Boko Haram.

The Jonathan administration, having also appealed for peace, amnesty-wise, and was yet to get any promising response, seems to have resorted to emergency rule almost as a last-ditch effort but also because of the continuing killings and unending public criticism.

Emergency rule may do the trick but only if it is made to count. Already, the decision not to tamper with the democratic structures on the ground in the three states is a splendid idea. But the operation must be comprehensive, the methods and strategies clearly thought-out. The emergency rule must be comprehensive enough to achieve its aim, which is stopping the violence and restoring peace. Its methods and strategies must conform to accepted standards. The troops must be professional on duty, never losing sight of the conventions guiding their activities.

It is pertinent to recall the Baga massacre of last month. The killings and other atrocities in the community have left questions hanging over the military, with the international community keeping a keen eye on developments. Professionals deployed to keep the peace must not be accused or found guilty of criminal behaviour.

The entire military and law enforcement community must also ensure that while the emergency rule subsists, the violence they are trying to halt does not spread to other parts of the country. Borno, Yobe and Adamawa are clearly not the only stomping grounds of Boko Haram. They are also quite active in Kano and have caused no small havoc in Bauchi, Plateau and several other places. While the emergency beam focuses on the three focal states, will there also be enough attention on other areas presumed to be Boko Haram-free?

While the emergency rule lasts, will the Jonathan administration come to grips with the root causes of the insurgency and begin to fix them? It will be naive to simply say the enemies of the President are at work. Not everyone will like a president, any president, but when war is levied against a nation by some of its citizens, as the President himself conceded in his Tuesday broadcast, the finger of accusation should not merely point to political enemies. There are clear societal dislocations and inequities that should be addressed. There are terrorist vibrations in the South from where the President hails.

Hear the President: “It has become necessary for me to address you on the recent spate of terrorist activities and protracted security challenges in some parts of the country, particularly in Borno, Yobe, Adamawa, Gombe, Bauchi, Kano, Plateau and, most recently, Bayelsa, Taraba, Benue and Nasarawa states.”

The emergency rule should offer him the opportunity to reflect on the spread of violence in the country and stamp it out for good. Jonathan should make the military option in the three Northern states count for the whole country.

It may sound like a tall order but is that not why he is in government and in power?

May 18, 2013
State of emergency to slate the insurgency

So after much deliberation and rigmarole, after much dissent by leading sec tors of Nigerians, after the massacres and nauseating murders of men, women and children, the government has finally declared a state of emergency in three states. The unexpected declaration of the state of emergency to deal with the high rate of violence and spate of deadly attacks by militant groups has taken many by surprise. Yesterday evening, 14th May 2013, President Jonathan delivered an address in which he gave the military powers to take over security in the states of Adamawa, Borno and Yobe. This step, which affects a broad range of civil rights, has already triggered widespread debate about the implications of the government’s latest strategy, from the opposition, to religious groups, civil society and even the governor’s forum.

The state of emergency requires a presidential proclamation under conditions specified in the Constitution of the Federal Republic of Nigeria 1999 as amended under the provisions of Section 305 (1). It gives the authorities special temporary legal powers to arrest and search citizens without a warrant. It also imposes a curfew on the specified states, restricting residents to their homes between the times of a curfew. Other emergency powers regulations affect ‘habeas corpus’ and citizens’ rights to freedom of movement, assembly, association, speech, and privacy.

Over the past two years, the rate of violence in several states has increased dramatically, fueled by the rise of militancy, extremism and the widespread availability of illegal weapons. Successive clamp down by authorities, an apparent trigger-happy task force, mismanaged deliverance of information on behalf of the government and a leadership that seems totally confused and not in control have had the utmost regressive effect, almost to the point of providing sympathy and understanding for the plight of the insurgents. In recent weeks, the country has been horrified by the series of violent murders. The situation became a lot worse, with the massacres in Baga and Bama town. Announcing the state of emergency, President Jonathan said, “The country is facing, not just militancy or criminality, but a rebellion and insurgency by terrorist groups which pose a very serious threat to national unity and territorial integrity”.

While I am often at variance with the utterances and policies of President Jonathan, it is not so difficult for me to understand why the president felt the need to take such an aggressive reaction, especially along his reasoning that no terrorist group, religious or tribal has a right to pose a threat to national unity and territorial integrity. Not Boko Haram or tramps and vagrants like Asari Dokubo or any other ignorant yobs who fancies themselves as the new Scarface and who happen to all be the same kind of bigoted criminals disguised in different garbs. The country cannot go to war because of some criminal elements have been threatening to overrun the Nigerian state under the guise of religious extremism, resource control, militancy or insurgency.

If reports that over a dozen local government areas in Borno State have been taken over by insurgents are true, if reports that in those local governments there is no semblance of authority are factual, then a state of emergency in those hotspots was absolutely and unquestionably necessary. Why should a whole nation be held to ransom by plundering and rancorous groups of brutes bent on creating havoc on a society, no matter how candid their grievance or cause? Why should a group of people organize themselves in guerrilla warfare and carry out the kind of offensive that is claiming the lives of innocent men, women and children? For goodness sake, when did our society sink to the depths of darkness we are in now; where we are forced to discuss the destruction of people’s lives and death of fellow human beings in such a blasé manner? That is what we have been reduced to. Every single morning, the minute one listens to the news or reads a paper, the first thing one is confronted with is stories of death, destruction and murder. I mean it is just so absolutely unbelievable for us to wake up every morning with news of the kind of senseless violence we have been witnessing. It is simply unacceptable. As a civilized society which has evolved from the dark ages, our current situation has got to be intolerable by every standard, even for those criminal Nigerians who are hell-bent on declaring a ridiculously, unnecessary and unfair war against innocent Nigerians.

It may be easy enough for those of us who are not directly affected by the violence to sit and judge this draconian declaration by the government, but even those of us that have not been directly affected by the violence and unwarranted massacres in the affected states have been shaken to the core by it and shudder at its domino effect. The situation of the murders and total disregard for human life has reached epic proportions; proportions which call for the authorities to respond in the most decisive manner possible.

There is no doubt that this measure which the government has taken will have an impact on the daily lives of innocent, law-abiding citizens in these areas and provide inconveniences for them. It will limit people’s movements and give the regiment powers to arrest; it will even infringe on the fundamental rights and freedoms of the citizens, but, unless someone in authority takes the bull by the horn and affects this kind of stringent system, the situation in those areas will not be brought under control and it will come to a point when the violence cannot be contained. Those affected by the state of emergency should look at the bigger picture and recognize the need to protect them and bring the current violence surge affecting them under control. Many people have lost their loved ones to unnecessary violence in the past three years and unless something is done to restore normalcy in those areas, it will likely get worse.

Of course, there are other manners of dialogue and solutions that need to be adopted in order to bring this impasse totally under control; solutions that focus on long-term results to the problem and the fundamental issues that gave birth to the crisis itself has to be tackled. A state of emergency has a time-limit and therefore has a short-term effect and short term gain.

Therefore, in addition to placing the state of emergency, the government must immediately sit down and identify what is driving this upsurge of violence in these respective areas and address the best way to bring an end to it, otherwise when the emergency is eventually lifted, it will be ‘violence’ business as usual.

To show sincerity in its wish to end the violence, the government should immediately make an undertaking to release the innocent women and children that have been detained without cause in the quest to clampdown on the guerrillas. Government should further undertake to rebuild and relinquish the Mosques and properties that belonged to the Jam’a Ahl al-sunnah li-da’wa wa al-jihd movement before the Borno state government under the leadership of Ali Modu Sheriff launched its offensive against them, before the murder of their leader Imam Mohammed Yusuf. And most importantly, the on-going trial of the security operatives who murdered Imam Mohammed Yusuf and Alhaji Buji Foi should be intensified, together with the arrest and prosecution of the government officials who allegedly ordered their execution. Those actions would show the sincerity and commitment of government to tackle the root of this problem and bring it to an end.

Now that the presidency has expressed determination to root out the insurgents in the affected areas, the good people of those states should endeavor to cooperate with the authorities in order to bring an end to the horror that surrounds them every day. To restore law and order to the states, people should be able to give accurate and dependable information as well as advice to all seekers of peace. It is expected that if the society as a whole resolves to end the crisis today, there will be no more killing or kidnapping of our people tomorrow. If the communities do not provide a safe haven for those who are out to disrupt peace, there will be no place for any criminals to hide. Our brothers that have turned renegades should also be persuaded to embrace peace and end the killings of innocent people.

The security officials deployed in the three states ought to understand that democracy is still in place in Nigeria as a whole and even though a state of emergency has been declared in those states, we are still a democracy and overzealousness of any kind should by no means be exercised or tolerated. The authorities themselves cannot use lawlessness to fight lawlessness because violence begets and encourages more violence.

One prays that we will soon see an end to the violence and hopes that the government, in enacting this state of emergency can tackle the mayhem in the troubled areas in the most responsible manner and be committed to placing every resource at their disposal towards winning this war in a way that is in the best interest of the collective.

The current rate of violence dictated for more to be done and stronger action to be employed. The situation, especially in Borno State, could not have been expected to continue the way it was going without a response commensurate with the wanton acts of violence and lawlessness; it is a response that is necessary to halt the current spike in the hostile activity of insurgents in the shortest possible time. Desperate acts require desperate measures.

So, even though the method is not ideal under our democracy, I can appreciate the current declaration of government to be more than a panic response. I do not see it through the lens of opposition, creed or tribe; I see it simply as a “state of emergency to slate the insurgency.”

May 18, 2013
State of emergency: Jonathan bites the bullet (2)

The National Assembly is expected to endorse the president’s declaration of state of emergency with little fuss, and will pretend to understand how to circumscribe his powers and how to limit the denudation of the political structures in the affected states. But in the end, the president and his security forces will have their way. That they will have their way, however, does not imply they will succeed, for the crisis obviously requires much more tact and nuanced solutions than the president and his cabinet have given. Indeed, the president faces a herculean battle to prove that he has acted altruistically in this big gamble upon which he is staking his presidency.

Two outcomes are possible from the imposition of emergency: it is either the Northeast is pacified and the president’s actions justified, or the crisis in the region worsens and dooms his presidency. It is more likely that the government may in no distant future find itself contending with flexible and rootless guerrilla warfare, with militants avoiding areas of strong troop concentrations in favour of more vulnerable targets, and pausing to fight only in order to score propaganda points. It is feared that the crisis, which has so far been largely localised in the Northeast, may now begin to spread more insidiously to other parts of the North and the Middle Belt. It must also be recognised that the fanaticism that drives Boko Haram militancy is akin to the one that propels the Taliban in Afghanistan. It is illogical, morally contradictory, non-ideological and offensive. For them, there is always enough deadly inspiration to make a few guerrilla fighters pin down a large force, as the Russians and Americans discovered in Afghanistan.

In spite of the popularity of the declaration of state of emergency, its efficacy is doubtful, for the government has not appeared to reflect deeply on why the Boko Haram militancy has festered. It has festered for the same reasons many other parts of the country are exploding into mini wars and sundry, troubling and uncontrollable criminality. There are millions of unemployed and embittered youths left in the lurch, with most of them possessing little or no skills. There is deep frustration and alienation which no amount of military deployment can mollify. In fact the excesses that often accompany military involvement in internal security operations tend to worsen the problems. To the perceptive, therefore, law and order has virtually broken down everywhere, and it has little to do with Boko Haram. Borno and Yobe mayhem merely present the government a test case and an opportunity to demonstrate it can scientifically grapple with complicated problems.

The crisis requires the president to show a deep understanding of the problem in the Northeast and other parts of the country, be wary of blaming so-called colluding elites, have the boldness to reappraise the defective paradigms of previous governments, such as a deformed federalism and an unwieldy 36-state structure, understand the psychology of the region, inspire them to support him and his initiatives, and reorganise his army into a disciplined fighting force that does not brook war crimes. If Boko Haram has taken the Northeast to the depths of depravity, Jonathan has an obligation to lead the country in a different direction where soldiers would embark on reconstruction projects, woo the local population with populist programmes in healthcare, education and entertainment, and showcase strategic thinking.

This column fears that with the declaration of emergency and the massing of tanks, armoured cars and heavy weapons, the president has all but given up on reaching an understanding with a large part of the North, preferring instead a gunboat diplomacy to defeat the militants. A state of emergency is indeed a strong statement, but the president has not shown he has the formula to translate military victory into victory over the fundamental causes of the crisis.

•Concluded

May 16, 2013
Will the emergency rule work?

SIR: President Goodluck Jonathan shocked Nigerians when he declared emergency rule in three northern states of Borno, Nasarawa and Yobe in a national broadcast.

Perhaps, they were caught napping not because it is an entirely new phenomenon to them or because the troubled states did not deserve such a drastic measure to curb the growing insecurity in the land.

People were surprised that President Jonathan could muster the courage to take such a courageous decision at this crucial time that his administration has been labeled as non-performing, slow and directionless.

Until now, the nation’s perilous security situation has been a source of concern which the President had acknowledged as “reprehensible, causing fear among our citizens and a near-breakdown of law and order in parts of the country, especially the North”.

Any civilized society should do all legitimate things to denounce and condemn such lawlessness and wickedness as attacks by Boko Haram and other splinter groups had led to clashes with government security forces, resulting into extrajudicial killings said to have claimed almost 4,000 people since 2009.

Declaring states of emergency may not be a bad idea provided the action will bring about sanity and peace in the polity. It is a decision borne out of necessity.

The security agencies should be prevented from abusing the enormous power bestowed upon them. Secondly, the activities of politicians in the three states should be checked such that this anomaly of the declared state of emergency will not be used to hunt and persecute their perceived enemies.

It is curious that state governors are not removed from office in the new dispensation as against the usual practice in the past. Efforts should be made by the government to control the influx of suspected criminals into the country through our porous borders. This will largely help to stop the proliferation of arms and availability of vulnerable volunteers for insurgents.

That is where the promise by the President that diplomatic channels will be deployed at apprehending terrorist elements that may escape across the border, is apt.

What now becomes the fate of the Boko Haram Committee? Is it a way to ‘shut-them-up from doing a good job? Will this emergency rule work with all the political appointees in those states intact? Are we playing politics with this controversial declaration? These and many other questions will certainly be running in the minds of the people.

• Adewale Kupoluyi

Federal University of Agriculture, Abeokuta

May 16, 2013
Thoughts on emergency rule

WHEN President Goodluck Jonathan declared a state of emergency in beleaguered Borno, Yobe and Adamawa states on Tuesday, the news did not shock many. There had been speculations that a drastic measure to rein in insurgents was in the offing.

Dr Jonathan was fuming and frowning. The whole place was shaking under the unusual presidential anger. Gone were the broad smiles that usually brightened his boyish face to exhibit that innocent pastoral mien, the gesticulations of an artiste, the clumsy platitudes and the biblical allusions. No niceties.

The presidential proclamation was the climax of days of unprecedented violence against security agents. In one day last week, scores – 56 in Nasarawa and 38 in Bama, Borno State – were killed. Many innocent citizens bearing no arms have also been killed. Schools, homes and many government facilities have been razed. Anarchy has been at the door in many parts of the Northeast.

Truck-loads of security agents were on their way to Alakyo, Nasarawa State, on a mission to arrest the leader of a hitherto unknown cult group, Ombatse, that had become a big pain in the neck for residents, forcing people to pledge allegiance to its chief, Baba Alakyo. The security agents moved after a tip-off. The cultists, apparently after a tip-off, mounted an ambush for the invaders. The security men came under massive fire. They could barely reply. Apparently, they were unprepared for such a bloody resistance. Two key bolts went missing in the machine – the enemy was underestimated and the surprise element was lost. The security agents paid dearly for these mistakes.

It was a moving sight these past few days. Enraged wives, decked in the police uniforms of their husbands who went on the disastrous mission, protesting and demanding the bodies of their loved ones. One lapped a baby, weeping, surrounded by her friends and relatives consoling her. Their kids have been talking about broken dreams and shattered lives. Oh dear! I do not remember anywhere in our recent history where security agents have been so massacred, not even in the Niger Delta at the height of the militancy. What happened? How equipped were the security agents for that mission of no return? Who was the mole that gave the cultists the vital information about their movement?

Not all the bodies of the security agents have been recovered – one week after the failed operation. Are the cultists holding the bodies? Why is their leader yet to be arrested? Now that the security agencies know that it will require a military operation to subdue the cultists, what next?

Since the proclamation of the emergency rule in those states, there have been many reactions. The resort to emergency rule is understandable. Desperation. It is like the case of a man who unknowingly touches a piece of iron that is red hot. He will dip his hand anywhere, including a gutter – in sheer desperation to restore the distressed hand. The government shouldn’t have allowed itself to be boxed into this dark corner.

But, there are many questions arising from this major development. Is this the most creative way of resolving this matter? If the government knew that emergency rule was the way to go, why did it wait for this long, until the body bags started coming in hundreds? What will be the fate of the Presidential Committee on Dialogue and Security Challenges in the North, the one that claimed to have met the Madalla bomb suspect, Kabiru Sokoto – he denied ever seeing the committee – ? Will it continue its road show, despite this and the rejection of peace proposals by Boko Haram? Where are those blokes who called a press conference the other day in Maiduguri, renouncing violence and vowing to pursue a ceasefire? Can there be peace talks in an emergency?

The President spoke of “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… we will hunt them down … and we will bring them to justice.”

Some obfuscation there. Do we know the collaborators, the faces behind the masks? If Boko Haram leader Abubakar Shekau and his lieutenants are hard to seize, are their sponsors also ghosts? Where are their weapons coming from? Can’t the government lean on Nigeria’s big weight to compel our neighbours to stop Boko Haram from planning and launching attacks from their countries? The Bama attacks could not have been planned in Borno, considering its massiveness. How far has the Mali expedition helped in weakening the al-Qaeda backed insurgents? Isn’t this more of a technical-cum-intelligence war and not a game of mere brawn and weaponry?

The troops have been accused of extra-judicial killings. Now that they have got the licence to search homes, arrest and detain suspects, among other powers, will they be responsible in using these powers? I doubt it. Will this seeming hammer blow against the insurgents rein them in? For an enduring solution, the extra-judicial killings should stop; it can never help. The troops should find a way of ingratiating themselves with the locals so as to be able to separate the insurgents from the innocent folks who can give them information on how to track down the trouble makers.

There are those who believe that the compelling factor is politics, politics of 2015. Of the three troubled states, two are in the opposition. Adamawa belongs to the ruling Peoples Democratic Party (PDP). The party’s power brokers and some hawks in the Presidency, it was learnt, insisted on full emergency rule –collapse of the democratic structure. Thankfully, they did not have their way. How will the military chiefs relate with the governors? Who takes orders from who? Will the Assembly be making laws in a vacuum? Soon –mark my words – soon, the real motive for this action will emerge. The game players, the sincere guys and the jokers will all be exposed.

The government may need to be reminded of how this ogre was let loose on the land. Mohammed Yusuf was a young man preaching against western education. He and his followers were merely exercising their freedom of association and expression. In fact, many saw them as no threat to peace. Then politicians found a window of opportunity in the group. They moved in. The authorities, apparently sensing some dangerous deviation, tried to stop the group. Yusuf was arrested by soldiers who handed him over to the police. The police, for some inexplicable reasons, killed Yusuf. Then, members of the sect became violent, attacking police stations, prisons and other government facilities.

Boko Haram has since stopped making so much fuss about its original goal of imposing sharia. Now, it is demanding the release of its members, their wives and children, who are in detention. On Monday, Shekau made a video appearance in which he claimed that women and children were being held captive by the sect, adding that they would not be released until their members in custody are let off.

No matter how the matter goes, it will be at a huge cost. The immediate solution may come from bombs and bullets. The enduring solution will come from a massive reorientation of our people, justice for all, separation of governance from politics and non pursuit of power not as a means to an end – the wellbeing of all – but as an end in itself – for self aggrandisement.

The government should not delude itself by thinking that those three are the only states that are ill. Kidnappers are yet to take a break in the Southeast. Armed robbers are at work, killing and maiming, in many states. When will they get attention?

By the way, what happened to the emergency on power, the very one the President and his predecessor, the late Umaru Yar’Adua, declared at the beginning of their tenure, the one that is supposed to give us 6,000 megawatts and pave the way for a 24-hour electricity supply? Is it still on?

May 16, 2013
Emergency rule begins in Yobe, Borno, Adamawa

Governors, legislators remain

CAN chief killed

The President talked tough last night on the crippling insecurity in the country, especially in some parts of the North. Terrorists, he said, will be hunted down and defeated.

Dr Goodluck Jonathan declared a state of emergency in three Northeast states – Borno, Yobe and Adamawa –where killings, mostly by Boko Haram insurgents, have persisted. He addressed the nation in a 15-minute broadcast.

The President exhibited a tough mien during the speech, saying the activities of insurgents amounted to “a declaration of war” on the country.

But he spared the democratic institutions in the states. The executive, the legislature and the judiciary will continue to function.

Jonathan said he based his action on Section 305 (1) of the Constitution. He got support from some eminent lawyers, lawmakers and political leaders, who said he acted within the law.

Minutes after the presidential speech last night, the Secretary of the Christian Association of Nigeria (CAN) in Borno State, Rev. Faye Pama Musa, was shot dead. He was killed inside his Maiduguri home by people suspected to be members of the Boko Haram.

The head pastor of a pentecostal church in Maiduguri was trailed to his GRA residence by two gunmen who shot him at close range at about 7.30pm.

House of Representatives spokesman Zakari Mohammed said the lawmakers would back the action “as long as it will guarantee peace and security.”

Others, however, criticised the presidential action as “half hearted”. It is not likely to end the insurgency which has crippled economic and social activities in the affected states — in their view.

Before making the announcement, the President early yesterday met with the governors of Borno and Yobe states at the Presidential Villa. He also hosted the Boko Haram Amnesty Committee members.

On Monday, Dr. Jonathan met with security chiefs, led by Chief of Defence Staff Admiral Ola Sa’ad Ibrahim, for the second time in 72 hours, perhaps to perfect the emergency plan.

Governors on Monday cautioned the President against declaring a state of emergency in the states, echoing the position of opposition parties –the Action Congress of Nigeria (AC N) and the Congress for Progressive Change (CPC).

The President warned the terrorists that the government would use all resources at its disposal to destroy their activities as they are embarking on a war they cannot win.

While giving the military powers to deploy more troops in the affected states and arrest suspects, he said the declaration would not affect the functions of the governors and other public officers as enshrined in the 1999 Constitution.

He said details of the Proclamation would be transmitted to the National Assembly, in line with the provisions of the Constitution.

He said: “It has become necessary for me to address you on the recent spate of terrorist activities and protracted security challenges in some parts of the country, particularly in Borno, Yobe, Adamawa, Gombe, Bauchi, Kano, Plateau and, most recently, Bayelsa, Taraba, Benue and Nasarawa states.

“These unfortunate events have led to needless loss of lives and property of many innocent Nigerians, including members of our security forces.

“The recent killing of security operatives by a cult group in Nasarawa State is particularly condemnable. I have directed that no effort or expense be spared in identifying and bringing to justice all those who had a hand in the killing of the operatives.”

“The activities of insurgents and terrorists have been reprehensible, causing fear among our citizens and a near-breakdown of law and order in parts of the country, especially the North. We have taken robust steps to unravel and address the root causes of these crises, but it would appear that there is a systematic effort by insurgents and terrorists to destabilise the Nigerian state and test our collective resolve.”

“Since I returned to the country after cutting short my visit to South Africa and aborting a planned state visit to Namibia, I have received detailed briefings from our security agencies. These briefings indicate that what we are facing is not just militancy or criminality, but a rebellion and insurgency by terrorist groups which pose a very serious threat to national unity and territorial integrity. Already, some northern parts of Borno State have been taken over by groups whose allegiance is to different flags and ideologies.

“These terrorists and insurgents seem determined to establish control and authority over parts of our beloved nation and to progressively overwhelm the rest of the country. In many places, they have destroyed the Nigerian flag and other symbols of state authority and in their place, hoisted strange flags suggesting the exercise of alternative sovereignty.

“They have attacked government buildings and facilities. They have murdered innocent citizens and state officials. They have set houses ablaze, and taken women and children as hostages. These actions amount to a declaration of war and a deliberate attempt to undermine the authority of the Nigerian state and threaten her territorial integrity. As a responsible government, we will not tolerate this.

“Following recent developments in the affected states, it has become necessary for government to take extraordinary measures to restore normalcy. After wide consultations, and in exercise of the powers conferred on me by the provisions of Section 305, sub-section 1 of the Constitution of the Federal Republic of Nigeria 1999 as amended, I hereby declare a State of Emergency in Borno, Yobe and Adamawa states.”

Explaining how the emergency will operate, he said: “The troops and other security agencies … 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, the taking of possession and control of any building or structure used for terrorist purposes, the lock-down of any area of terrorist operation, the conduct of searches, and the apprehension of persons in illegal possession of weapons.”

Jonathan urged the political leadership in Borno, Yobe and Adamawa states to co-operate maximally with the Armed Forces and the Police to ensure that the exercise succeeds. We call on the citizenry to co-operate with our security agencies to ensure a return to normalcy within the shortest possible time,” he said.

Sounding tough, the President added: “I want to reassure you all that 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, we will win this war against terror.

”I am convinced that with your support and prayers, we shall overcome these challenges and together, we will restore every part of our country to the path of peace, growth and development.”

May 15, 2013
Emergency at last

It did not quite come as the Biblical thief in the night, for it was much speculated.

But the declaration of emergency rule in Borno and Yobe, epicentre of the Boko Haram insurrection and Adamawa (with Kano and Kaduna, one of the states that have borne its most heinous after-shock of Boko Haram’s mass murder) still came with its own shock waves, given the concerted campaign by impassioned stakeholders, driven by different motives.

Yesterday, however, President Goodluck Jonathan, in a nationwide broadcast, clamped emergency rule on the three states, after a late meeting with state governors, swearing his government would not tolerate subversive elements carving for themselves part of Nigeria’s territory; and hoisting illegal flags.

The constitutionality of the declaration is clear, for the objective conditions in the three states conform to Section 305 (3) (a)-(g) of the 1999 Constitution, as amended: when the federation is at war, in imminent danger of invasion or involvement in war, breakdown of public order and public safety, clear and present danger of an actual breakdown of public order, any other danger that constitutes a threat to the existence of the federation.

The Boko Haram attacks and attendant anxiety on general insecurity have created the situations the Constitution prescribes for imposing emergency rule.

But beyond constitutional legalism, it appears not much would change with the emergency. For starters, the vortex of Boko Haram attacks have, for some time now, been heavily militarised, with even the locals complaining about the alleged high-handedness of the Joint Military Task Force, which many a local have come to regard as an army of occupation; and have come to resent, if not viscerally hate.

Would emergency rule make any difference in the alleged misconduct of the military personnel in the troubled areas? That is doubtful. Still, improved change in military conduct would win over the local population; who could then reward the government with the badly needed intelligence to break the spine of the insurgents.

But what if there is no improvement? That would mean a long and hard night, the end result of which no one is sure. That is why it is imperative for the military to strictly stick to their rules of engagement, even in the face of heinous provocation.

Just as well this emergency does not affect the organs of government – the executive and the legislature. No part of the constitution – neither Section 11 (Public order and public security) nor Section 305 (Emergency Declaration) gives the president the power to remove a governor. In the emergency scheme of things, however, the governors and legislatures of the three states have been reduced to mere spectators.

“That is not necessarily a bad thing, if the federal intervention is able to secure peace and fast-track return to order and normalcy. So, the states should, as pleaded with by the president in his speech, cooperate with the federal authorities to rid their areas of anarchists and mass murderers.

“But even if the constitution had allowed it, it would have been the apex of injustice for the governors to have been removed or state legislatures to have been suspended. This is because, in Nigeria’s skewed federalism, security is a federal monopoly; and this same Federal Government has spectacularly failed to deliver on security, despite its monopoly of the police and the armed forces.

“So, even if this emergency rule solves this problem, it has only solved a symptom. The real solution is federalising the security system, so that state governments are fully empowered to tackle security problems at source, before they get out of hand.

“That means that the Constitution must be urgently amended to provide for state police, given the hash the federal authorities have made of their monopoly on security.

The Jonathan Presidency, from the emergency speech, is gearing to fully go after the Boko Haram insurgents and bring them to full justice.

“Only after that should any thought of amnesty be entertained.”

May 15, 2013
Emergency rule: Falana,Sagay, Ahamba, others react

Prominent lawyers yesterday endorsed President Goodluck Jonathan’s declaration of emergency in Borno, Yobe and Adamawa states. They said they were impressed he acted within the law.

Former Nigerian Ambassador to Ghana, Senator Musiliu Obanikoro, said the president acted to save the country.

Obanikoro said: “Thank God the president has done the right thing politically, morally and religiously. Thousands of innocent lives have been lost unjustly as a result of the madness and recklessness of a few disgruntled elements. They have negatively impacted our values, our ways of lives and our country. They have inflicted untold hardship on all of us psychologically and physically. This is not the time for partisanship but time for patriotism.”

Speaking to The Nation last night, Constitutional lawyer Prof. Itse Sagay (SAN) described it as the “proper” thing to do. He said it was overdue since it has been established that a well armed group of terrorists was bent on holding the country to ransom.

“What the President has done is the right and proper thing to do. It is very well established that an armed group of terrorists has been operating with impunity in the areas affected with total disregard for lives and property; it has been operating without regard for our institutions.

“If he did not do it, the situation would get out of hand and a terrorist state would be established next to to Nigeria and it would open the door for all sorts of terrorist groups in the world to dwell next to us, and that is unacceptable”.

Lagos Lawyer Mr. Femi Falana (SAN) said the declaration of the state of emergency was “perfectly in order”. He said Section 305 of the Constitution gives the President the power “to restore law and order where peace and order are being threatened. He however, requires the National Assembly to approve the same.

“But I must say, that unlike Obasanjo, he acted within the bounds of constitutionalism and the rule of law. He has left intact the democratic institutions in those states. This is commendable,” he said.

Chief Mike Ahamba (SAN) said it should have been declared much earlier than now. He said it was the right thing to do.

“It is the right thing to do, it should have been declared earlier. Let us stop pretending about it, there is a state of war. That is the way I see it. And if a group has declared war on the country, the president must assert the sovereignty of the country. it is good, it is proper, it is right,” he said.

Professor of law, Akin Oyebode, said the declaration was belated, half-hearted and reminiscent of a slightly pregnant woman.

“President Jonathan’s declaration of emergency is belated, half-hearted and reminiscent of a slightly pregnant woman.

“He ought to have gone the whole hog in order to make it meaningful. But I guess he was compelled not to hurt certain vested interests.

“It is a non-starter because you cannot declare emergency rule and leave the status quo. An emergency rule warrants extraordinary measures which nullifies the maintenance of the status quo. His declaration should have been accompanied by a military rule for a short time in the states to save the situation.”

Former Edo State Attorney-General and Commissioner for Justice, Dr. Osagie Obayuwana said the declaration was long overdue.

He said: “Although the declaration of emergency rule is long overdue, I think it is time for people to rally round the president and not allow rascals to continue in their atrocious deeds.

“The declaration is better late than never and we should at this point, put politics aside and rally round the president to end this recklessness.”

Constitutional lawyer Dr. Fred Agbaje said although the emergency rule was long due, the constitutionally recognised emergency rule as enshrined in Section 305 of the 1999 Constitution as amended was for all legislative powers of the state houses of assembly to be suspended automatically.

He said: “Throughout the period of an emergency rule, it is the National Assembly that oversees legislative functions of those states. What the president has done is to stand the Nigerian Constitution on its head, by purporting to declare a state of emergency and at the same time allowing the state legislature to function.

“His action is constitutionally heretical and anathema. If the President has not got the liver or kidney to declare an outright state of emergency in the affected states, he should not ridicule the concept.”

Agbaje said state of emergency is always the last resort when law and order has been broken down irretrievably in a state.

“Therefore, the only option left for the government to carry out its constitutional responsibility of protecting citizens’ lives and properties is to declare same.

“The truth is that nobody in his right senses will dispute that law and order has broken down irretrievably in the affected states. Even the Boko Haram members know it and they saw the state of emergency coming. They cannot pretend, particularly with the unhealthy bloodbath and wanton destruction of lives and properties.

“My problem is that why is the president just waking up from his slumber? Why is it (emeregency) after he has put in place an amnesty committee, eventhough the Boko Haram elements have consistently said they do not want government’s amnesty and are the ones to give the Nigerian people amnesty?

“Why is government now declaring emergency rule when so much of tax payers’ money has been put into the amnesty committee? What purpose is the emergency going to serve now?

“It will amount to a contradiction on the part of the Federal Government to claim that they are pursuing amnesty and at the same time declaring state of emergency. Who is fooling who?”

May 15, 2013
The long, winding road to emergency

Since the end of the civil war, no major challenge has threatened to destabilise Nigeria than the menace of Boko Haram. It is a calamity of enormous proportion that has befallen the nation.

The horror unleashed by the dreadful sect is confounding. Many lives have been lost. Property worth billions of naira destroyed. Nobody is insulated from attack. Government officials and buildings, traditional rulers, police and military formations and church worshippers are targets.

The United Nations (UN) building in Abuja, the Federal Capital Territory, was bombed. The Emir of Kano, Alhaji Ado Bayero, was attacked for deploring the sect’s activities. Elder statesman Alhaji Ali Monguno was kidnapped. The Sheu of Borno, Alhaji el-Kanemi, narrowly escaped being assassinated. Recently, over 30 policemen were killed by the sect members. Daily, there is panic. The fear has become the beginning of wisdom. Fed up with the persistent onslaught, President Goodluck Jonathan cried out that Boko Haram had invaded his cabinet.

It is worrisome to the government that the projected demands of the sect are inexplicable. They have called for an end to western education, although they rely on the products of technological know-how to wreak havoc. Paradoxically, a sect that has proposed an end to western education in the North is addicted to bombing, which is an invention and legacy of the western world. More worrisome is the fact that, despite the offer of amnesty,which critics have described as a curious reward for senseless killings, the sect is reluctant to lay down its arms.

Many have argued that the political undertone of the insurgency may have been inadvertently ignored. Lamentably, the sponsors of these destructive acts cannot also be traced by intelligence agents. Indeed, the failed attempts at curbing the activities of the sect have created a hollow in the record of President Jonathan in the critical area of national security.

Few months ago, the sect raised the hope of Nigerians about a likely ceasefire. A leader of the sect, Abubakar Shekau, announced plans by the members to lay down their weapons and embrace dialogue. There was momentary relief that hostility would be suspended. The assurance later paled into a camouflage surrender as the fighters poignantly demanded the release of their members who are in detention. Barely two days after, another faction came up to say that Shekau was on his own.

Government has not relented in waving the olive branch. Although the President declared that he would not dialogue with faceless people or ghost fighters, he reversed himself. A committe on amnesty was set up. But it has not deterred the sect members from their nefarious activities.

Critics who have objected to dialogue with Boko Haram have pointed out that the approach is defeatist. They also submitted that dialogue with similar organisations in many African and Asian countries have never ensured peace. Others canvassed the option of daring the arsonists by tracking them down and bringing them to justice. Their argument is that the nation is in agony and thirsty for justice.

So far, the government has exercised caution in resorting to emergency. President Jonathan has refrained from labelling them terrorists. Only few nations confronted with similar security challenges have overcome the hurdle. The strength of the sect lies in its financiers, arms suppliers, links with terrorist organisations and real motivation for the affront. Will the state of emergency resolve these puzzles?

May 15, 2013
State of emergency: Jonathan bites the bullet (1)

Last week, rumours were rife that President Goodluck Jonathan would declare a state of emergency in either a part or the whole of the Northeast. But presidential spokesman, Reuben Abati, responded that no decision had been reached on the matter, even though media reports strongly suggested the decision had all but been reached and was only awaiting the president’s proclamation. Dr Abati was careful not to dismiss the speculations in their entirety. Finally, yesterday, the president issued the proclamation and declared a state of emergency in three Northeast states, instead of the five earlier speculated. The affected states are Borno, Yobe and Adamawa States, which have all suffered varying degrees of Boko Haram extremism. The inclusion of Adamawa surprised many.

The president justified his emergency declaration on the grounds that the scale of killings, not only of innocent civilians, but also of security agents, made his “extraordinary measures to restore normality” inevitable. In addition, he reasoned, a large swath of Borno State in particular had been overrun by terrorists and insurgents. No self-respecting president would allow the territorial integrity of his country to be violated at will, nor stand idly by as citizens were taken hostage by terror groups, he concluded. But the easiest part of a state of emergency is declaring it. The government will hope that merely declaring state of emergency will be a sufficient deterrent to lawlessness. However, as Pakistan, Iraq, Afghanistan and even Turkey have shown at various times in their histories, declaring a state of emergency has proved to be virtually nugatory without a corresponding attempt to grapple with the fundamental problems causing the crisis.

Unlike Chief Olusegun Obasanjo, Dr Jonathan stressed that the governors and the political institutions of the three states would continue to function during the emergency period. That is of course unrealistic. By insisting that he expects all and sundry, including the political leadership of the affected states, to cooperate “maximally” with the security forces, the implication is that the military commanders in those states will become the de facto rulers of the three states. As everyone knows, when de facto meets de jure, the latter is often left shamefaced. But it is not only the executive, legislative and judicial arms that would be hamstrung by a state of emergency, even the ordinary citizen will discover that the powers of detention granted the security forces have effectively suspended habeas corpus.

The president explains the powers granted the security forces thus: “This will include the authority to arrest and detain suspects, the taking of possession and control of any building or structure used for terrorist purposes, the lockdown of any area of terrorist operation, the conduct of searches, and the apprehension of persons in illegal possession of weapons.” The challenge will be how to deploy these enormous powers without suffocating those states and further alienating and humiliating their people. For, already, the scale of alienation in those places has reached impossible levels.

By succumbing to the option of state of emergency, Dr Jonathan is in effect saying the insurgency in those states and all other terrorist acts perpetrated there will respond to military solution or strong-arm tactics. It is true the president was expected to take firm measures to halt the slide to chaos, but it is doubtful whether more troops, more force and further abridgment of the democratic processes in those beleaguered state are the panaceas required to re-establish peace and normality. The problems have become too deep-seated to respond to shock and awe.

•To be concluded tomorrow

May 15, 2013