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Tag: Gusau

  •  Meningitis: Yari visits over 500 patients in hospitals

     Meningitis: Yari visits over 500 patients in hospitals

    Gov. Abdulaziz Yari of Zamfara State on Monday paid unscheduled visits to no fewer than 500 victims of meningitis currently receiving treatment at various hospitals in the state.

    The governor was accompanied on the visits by members of the state’s Meningitis Control Committee headed by the Secretary to the State Government, Prof. Abdullahi Shinkafi, and other top government officials.

    The governor interacted with individual patients, sympathized with their conditions and encouraged them during the visit to no less than 10 hospitals across the state.

    Yari said the state government had made adequate provision for their treatment and assured them that his administration would continue to handle such emergency cases free of charge.

    The governor, who, said he was sad with the way many of the patients were lying on only mats spread on sand ordered immediate supply of mattresses to all the centres.

    He said anyone caught selling drugs meant for the treatment of the patients would have himself to blame.

    He said that the chairman of the committee should be briefing him regularly on its activities, especially, on why some patients had to be buying drugs or sleeping on the ground.

    Yari said this was also exposing the patients to other diseases.

    The News Agency of Nigeria (NAN) reports that the patients were receiving treatments in camps located in Gusau, Kaura-Namoda, Shinkafi, Moriki and Talata-Mafara hospitals and others.

    The News Agency of Nigeria (NAN) reports that there had been an outbreak of the diseases in neighbouring states that claimed several lives.

  • Fire at FCE, Gusau

    Dr Barakat Abubakar, the Provost of Federal College of Education (Technical), Gusau, on Wednesday said fire had destroyed sections of the college’s Department of Integrated Sciences.

    Abubakar told the News Agency of Nigeria (NAN) in Gusau that the fire, which occurred on Tuesday at about 7.00 p.m, destroyed academic tools worth millions of naira.

    The provost said the fire was due to electrical fault.

    She said the fire affected the office of the head of department, the department’s library and laboratory.

    She lauded the state fire service for putting out the fire on time.

    The provost appealed to members of the college community to always put off all electrical appliances when leaving their offices.

  • $200m fines: EFCC probes Adoke, Gusau, Aondoakaa

    $200m fines: EFCC probes Adoke, Gusau, Aondoakaa

    The Economic and Financial Crimes Commission (EFCC) is looking into the roles played by two former National Security Advisers – Gen. Aliyu Gusau and the late Owoye Azazi –  and two former Attorneys-General of the Federation on the facilitation of a $200million settlement agreement with Halliburton and four others.

    The former AGFs are Mr. Mike Aondoakaa (SAN) and Mr. Mohammed Bello Adoke (SAN), who have claimed that they never benefited from the agreement in any manner whatsoever.

    The anti-graft agency has however retrieved a copy of the agreement signed with a United States law firm, Madison Avenue Legal Resources LLP, from the Federal Ministry of Justice and Aondoakaa, who initiated the pact.

    The EFCC has traced the Escrow Account to Madison Escrow Services LLC (the “Escrow Agent”) at the instance of a former Executive Secretary of the National Human Rights Commission(NHRC), Mr. Roland Ewubare, who went to the United States to get the document.

    About $32.5million (N13, 585,000, 000) out of about $200million fines from Halliburton Energy Services was allegedly paid into the Escrow Account.

    Ewubare was said to have submitted  a document to the anti-graft agency showing how the Escrow Agent was engaged by the Federal Government, through the Office of the National Security Adviser to save the nation about $540million from garnishee judgment.

    The document showed that the total compensation received by the Escrow Agent for its services was $2.5million.

    The EFCC is probing why  the N13.5billion was not remitted into the Federation Account in accordance with extant laws.

    The anti-graft agency has decided to look into the roles of all those linked with the Settlement Agreement.

    Those already interrogated by the EFCC are a former President of the Nigerian Bar Association (NBA), J.B Daudu (SAN), Mr. E.C Ukala (SAN) Chief Godwin Obla (SAN), D.D. Dodo (SAN) and a top shot of the Nigerian National Petroleum Corporation(NNPC), Mr. Roland Ewubare.

    The breakdown of the $200m remittances by the five companies is as follows: Julius Berger ($35m); Siemens (Euros 30m); Snamprogetti ($30m); Halliburton Energy Services ($32,500,000); and Japan Gasoline Corporation ($26, 500,000).

    It was learnt that the next phase of investigation will look into the following areas:

    • the terms of retainership signed with Madison Legal Resourses LLP by Aondoakaa;
    • why Gusau reopened the Halliburton issue;
    • how much was recovered;
    • who recovered the amount – the US firm or a team of Nigerian lawyers?
    • why will Federal Government engage a US firm and another set of five Nigerian lawyers on the same matter?
    • how much was paid to the Nigerian lawyers and on what basis?
    • was any kick-back offered to any public officer or group? and
    • what has become of the N13.5b in question?

    An EFCC source, who spoke in confidence, said: “We have received heaps of documents on this Halliburton case. Already, the EFCC has retrieved the agreement signed with Madison Legal Resources LLP by the Federal Government from the Federal Ministry of Justice and Aondoakaa. This was why the ex-AGF was not detained.

    “We will look into the role of every individual or past public officer involved in the agreement. We are probing the roles of Aondoakaa, Gusau, the late Azazi, Adoke and others. We have already interrogated five lawyers.

    “The initial aspect of the probe revealed that a US firm was engaged and later a team of five Nigerian lawyers was also given the same assignment without the termination of the earlier agreement. We need all the key players to clarify many grey areas.

    “The investigation remains open as none of those invited has been accused of fraud. The outcome of the ongoing investigation will determine those who have cases to answer.

    “We will also extend our probe to the United States  where an Escrow Account has been located.”

    A source, who was connected with the settlement agreement said: “We welcome the latest investigation of all those who coordinated this agreement. We hope that the EFCC will also probe its former Secretary, Mr. Emmanuel Akomaye, who was part of the agreement too.

    “The ex-NSA, Gen. Gusau played a patriotic role when he asked for a revisit of the Halliburton scandal. He also gave security advice that only plea bargain was possible with Julius Berger because it is the company that has been maintaining the Presidential Villa. He said the government cannot afford to be in confrontation with the construction giant and others.”

    A document obtained last night gave some insights into the deal.

    The document reads in part: “The TSKJ/Halliburton recovery and disgorgement proceedings led to the recovery of over  $220m (two hundred and twenty million U.S. dollars) But more importantly protected and  saved over $540m (five hundred and forty million U.S dollars) for the Federal Government of Nigeria (the “FGN”).

     ”A U.S law firm in conjunction with other law firms and investigative service providers initiated discussions with the FGN in 2007, seeking to provide strategic legal advice and additional services to assist the FGN with the recovery of monies and payments from multinational corporations who had committed criminal and civil infractions as a result of the conduct of their respective businesses in Nigeria.

    “The Retainer, which was subsequently executed in September 2007 specifically identified and listed several companies for legal action, including, but not limited to the TSKJ Consortium, comprising Technip, Snamprogetti, KBR (Halliburton) and the Japan Gas Company.

    “The structure of the Retainer was based on a contingent fee principle with standard and customary provisions, including the stipulation of a fee of 33 1/3rd (thirty three and one third percent) to be paid to Madison in the event of any recoveries.

    Madison remains unpaid till date. Given that a total sum in excess of $220 million (two hundred and twenty million U.S dollars) was recovered, Madison’s claims against the FGN as of today exceed $73m (seventy three million U.S dollars) not inclusive of interest accruals.

    “From the Scope of Services, the Escrow Agent, an affiliate of Madison, was engaged by the FGN, through the Office of the National Security Adviser, to safeguard funds designated for prosecuting the national military campaigns against fundamentalist insurgents and militant groups in the Northeastern and Niger Delta regions of Nigeria by undertaking the following:

    (a)     To ring fence and to offer protective custodial services over any and all funds and liquid assets of the FGN domiciled in JP Morgan Chase Bank against adversarial litigation claims pursuant to the Writ of Garnishment attached herewith as Exhibit A and the Order to Produce attached herewith as Exhibit B to the Escrow Agreement;

    (b)     To ensure secure delivery of any or all portions of the FGN’s funds and liquid assets to the Office of the Accountant General of the Federation or the Central Bank of Nigeria in any currency subject to the judgment and discretion of the Escrow Agent in order to achieve the purpose set forth in the Agreement.

    (c)     To procure Litigation Liability Insurance and or After -The -Event Litigation Liability insurance cover with a liability cap of $300m (three hundred million USD) to protect the funds and liquid assets of the FGN in the event of a successful adversarial claim arising from pending litigation against the FGN in the United States and the United Kingdom”.

  • Historic cattle train arrives Lagos from Gusau

    Historic cattle train arrives Lagos from Gusau

    Fifteen wagons carrying about 500 cows yesterday arrived Oko-Oba, Lagos from Gusau, Zamfara State.

    The wagon left Gusau on Thursday and arrived Lagos hours before schedule, according to the Nigerian Incentive-Based Risk Sharing for Agricultural Lending (NIRSAL).

    Managing Director NIRSAL Abdulhameed Aliyu described the feat as a pleasant surprise and good omen for the innovative project of moving cattle from the north to the south by rail.

    According to him: “We are indeed happy to hear that the wagons have arrived ahead of schedule.

    “We are very delighted that the historic train has arrived earlier than projected.

    “It is a good omen and a further source of encouragement as we strive towards improving and deepening our Farm to Market Scheme”.

    Two days ago, NIRSAL flagged off its National Farm to Market Scheme in Gusau, Zamfara, which aims to provide low cost transport link between agricultural producers and consumers across the country.

    The project initially focuses on livestock movement from north to south by rail.

    Under the scheme, NIRSAL provides bank guarantees for the financing of critical requirements involved in the movement of the cattle including logistics and equipment.

  • Scores of cattle rustlers, armed bandits flee Zamfara- Buratai

    Scores of cattle rustlers, armed bandits flee Zamfara- Buratai

    The Chief of Army Staff, Lt.-Gen. Tukur Buratai in Gusau on Thursday said that intelligence reports indicated that many cattle rustlers and bandits were already fleeing the forest in Gusau.

    Buratai made the disclosure during activities to mark the Army Day celebration in Gusau.

    “We have also got the report that many of the criminals are already on the run in the forest.

    “We understand that they are trying to escape from the ongoing operation but this will not deter us from going on with the operations,” he said.

    He noted that the Army would sustain the offensive against the criminals until all known enclaves in the forest were cleared.

    The Army chief assured the people of the state and residents of the entire North-West that the present efforts would address the security challenge in the region.

    On his part, Gov. Abdulaziz Yari said local vigilantes and members of some border communities in the state had reported seeing some of the criminals escaping from the Dansadau forest.

    He said some of the bandits had informed the communities that they were fleeing their enclaves in the forest with plans to return in the future.

    Yari said there was need for the military to establish a unit near the troubled communities to forestall a re-occurrence of the attacks on communities by the criminals.

    “We have received reports from our people in the border towns and villages about the mass movement of the criminals.

    “Many of them are reported to have escaped to villages across the border outside Nigeria for fear of the Army.

    “Our worry is that they may return after the soldiers leave, they indeed wrote to the communities that they were leaving to return after the military operation.

    “The solution, therefore, is for the Federal Government to establish an Army unit in the state to deter these criminals from returning,” he said.

    He commended the efforts put on ground so far to address the menace of cattle rustling and armed banditry.

    Yari said the state had lost so much to the activities of both rustlers and armed bandits in the state.

    Scores of bandits and cattle rustlers have been arrested by the Army in recent operations in the North-West while thousands of cattle have also been recovered in different operations by security agencies in the region.

     

  • Abdulsalami, Gusau mourn Shinkafi

    Abdulsalami, Gusau mourn Shinkafi

    • Death a huge blow to Nigeria’s intelligence community
    • Buhari’s wife visits family

    Sympathisers have continued to troop to the residence of the late Marafan Sokoto, Alhaji Umaru Shinkafi who died in a London hospital last Wednesday, to pay their respects and console with his family over his death.

    Former Head of State, General Abdulsalami Abubakar and wife of the President, Hajiya Aisha Buhari, were among the dignitaries who visited Sokoto yesterday to pay condolence.

    Also, a former Defence Minister, General Aliyu Gusau (rtd), has described the demise of Marafan Sokoto, as a huge- blow to the Nigerian Intelligence Community.

    According to him, “Nigeria will miss a lot about the late Marafan Sokoto, especially the Nigerian intelligence community which he had been a founding member.”

    Speaking to reporters in Sokoto yesterday the former defence minister said: ”He will also be missed for his strength and good advice to the leaders of the intelligence community. He was a great politician and a brilliant lawyer, as well as an astute traditional ruler and a scholar.”

    According to him,” Some of his legacies include his distinguished style of leadership, dexterity and commitment to Nigeria’s intelligence community”.?

    Speaking when he paid a condolence visit to the Sultan of Sokoto, Muhammad Sa’ad Abubakar, Gen. Abdulsalami described the deceased as a committed Nigerian who gave his all for the unity and stability of the nation.

    He said, “Marafa contributed a lot for this country and I pray to God to reward him for his endeavours.” While urging Nigerians not to despair over the current challenges facing the country, Abdulsalami urged them to be patient and prayerful as according to him, there is silver lining in the horizon.

    He also expressed the condolence of former military President, Ibrahim Babangida, who he said could not travel to Sokoto due to unforeseen issues.

    Responding, the Sultan commended the two former leaders for identifying with the people of Sokoto, Zamfara and Kebbi states in their times of need, and prayed to God to reward them accordingly.

    Speaking with reporters at the airport, Governor Rochas Okorocha of Imo State said Shinkafi treated all Nigerians with dignity and respect, while at the same time setting example in conduct which the younger generation should emulate.

    Other personalities who visited the state include Governors Aminu Masari of Katsina State. Also at the family residence of the deceased were media publisher of THISDAY newspapers, Mr. Nduka Obaigbena, and Galadiman Katsina, retired Justice Mamman Nasir, as well as factional chairman of the Peoples Democratic Party (PDP), Senator Ahmed Makarfi.

     

  • Shettima, Tambuwal in Gusau to honour aide

    Governors Kashim Shettima and Aminu Waziri Tambuwal of Borno and Sokoto states were at the weekend in Gusau, the Zamfara State capital, to honour Shettima’s Special Adviser on Communications and Strategy, Malam Isa Gusau. His youngest sister, Sadiya Umar Gusau, a 28-year-old graduate of Geography, was given out in marriage last Saturday in Gusau.

    Shettima, who was in Kaduna on Thursday for the 50th memorial of the late Sir Ahmadu Bello, the Sardauna of Sokoto, headed for Gusau the next day and passed the night there to honour the family of his spokesman in the last five years, who hails from the town. Governor Tambuwal was at the Sardauna memorial on Thursday. He departed for Sokoto the same day before driving to Gusau on Saturday to join Shettima.

  • Police explain gunshots in Gusau

    The police in Zamfara State yesterday said gunshots heard in the capital, Gusau, on Monday night were fired by hoodlums, who robbed a businessman at Birnin-Ruwa Quarters.

    Police spokesman Lawal Abdullahi said the police were still investigating the matter.

    He called on the people to go about their lawful businesses and advised them to avoid rumours “which heats up the environment unnecessarily.’’

    Abdullahi told the people to be vigilant. “The police are doing their best to ensure the protection of lives and property, the public should also assist us in this collective responsibility,’’ Abdullahi said.

    He said although the state had continued to enjoy relative peace due to the alertness of security operatives and reliable information from the public, “but we cannot fold our arms and say all is well.’’

    He condemned two recent murders in Zurmi and Gusau local governments, warning that the command would not tolerate such criminal activities.

  • Gusau vs Service Chiefs Who is right?

    Gusau vs Service Chiefs Who is right?

    The rift between Minister of Defence Gen. Aliyu Gusau (rtd) and the Service Chiefs over the handling of the Boko Haram insurgency blew open last week. Gen. Gusau wants the military chiefs to avail him of their operational tactics, but they are not ready to do so, citing the National Security Agencies Act and the Nigeria Armed Forces Act. How will this feud be resolved?  Precious Igbonwelundu reports.

    Background

    He is not the first Army General to be the Minister of Defence since the return to democracy in 1999. There were General Theophilus Danjuma (rtd) and General Godwin Abbe (rtd). But, barely one week after he assumed office as the Minister of Defence, General Aliyu Gusau (rtd), reportedly threatened to resign after an alleged refusal by the Service Chiefs to divulge intelligence and operational strategies to him in the fight against the Islamic sect, Boko Haram.

    Gen. Gusau and the Minister of State for Defence, Musiliu Obanikoro had summoned the Chief of Defence Staff (CDS); Chief of Army Staff (COAS); Chief of Naval Staff (CNS) and Chief of Air Staff (CAS) and strategic commandants for a meeting. But only the CDS, Air Marshal Alex Badeh, attended and told the ministers that the Service Chiefs were coordinating operation in the Northeast.

    Being a retired Lieutenant-General and a former National Security Adviser, Gen. Gusau was said to have felt slighted by the absence of the Service Chiefs at the meeting, an action he described as “disrespectful”.

    He was also said to have told Air Marshal Badeh that he would want to meet directly with the service chiefs and strategic commandants to dish out operational orders to them, which the CDS stiffly opposed and insisted that only the President and Commander-in-Chief can exercise such powers.

    Gen. Gusau, who reportedly saw the CDS’ position as being rude, was said to have written the President, expressing his frustration, especially because he had given some conditions before accepting to serve as the Defence Minister.

    Though the ministers and the chiefs were said to have met at the weekend to resolve grey areas, it was not immediately clear how the superiority quest would be tackled.

     

    His terms

     

    Gen. Gusau, when taking the job had, among other things, allegedly stated that he should be made the coordinating Minister for Defence; given free hand to operate, do whatever he can to confront the security challenges facing the nation as well as the opportunity to resign anytime from the cabinet if he is displeased with the situation or if he feels that he has fulfilled his mission in the Federal Executive Council (FEC).

    As Coordinating Minister for Defence, it implies that Gen. Gusau will play a supervisory role in the Armed Forces and other security agencies, a situation the Service Chiefs were said to have opposed.

     

    Their argument

     

    The Service Chiefs claimed that since the ongoing operation in the Northeast is tactical, they cannot sit down with the minister to discuss their strategies and intelligence issues. They insisted that doing so will be contrary to the provisions of the National Security Agencies Act, 2004, and the Armed Forces Act, 1993.

    The Service Chiefs further argued that by virtue of Section 217 and 218 of the 1999 Constitution, it is only the President who has powers to direct them on operational tactics and such powers can only be delegated to any of the service chiefs, but not a minister.

    The situation has generated concerns, especially coming at a time when the country has severely suffered from the activities of Boko Haram. While some analysts believe that Gen. Gusau, being a respected retired military officer, did the right thing by asking the Service Chiefs to give him intelligence reports on their operations, others are of the view that it could lead to sabotage since the President had at several fora admitted that Boko Haram apologists were in his cabinet.

    Other Nigerians also argued that Gen. Gusau should allow the chiefs the free hand to do their jobs as there are differences among professionalism, constitutionality and politics. They argued that in issues of defence and security, any supervising minister in the ministry is just a political head and should not ask for more than necessary.

    To them, whatever agreement the President entered with Gen. Gusau was a nullity, since there are constitutional abridgment and clear-cut provisions regarding the operations of the Armed Forces.

     

    Issues for determination

     

    Although President Goodluck Jonathan was said to have waded in to stop Gusau from resigning, there are still unresolved issues for determination. Among them are whether the purported agreement entered into by the President and Gen. Gusau can stand the test of time amid constitutional provisions on the operation of the Armed Forces? Pursuant to Section 5(1) of the Constitution, can the Minister of Defence exercise the President’s powers as a delegate to the extent of dishing operational orders to service chiefs? Being a political appointee, how healthy would it be to subject the nation’s entire security apparatus to his control? What are the legal provisions with regards to the running of the Armed Forces? How best can the situation be addressed to avoid a recurrence?

     

    What the laws say

     

    Pursuant to Section 5 of the 1999 Constitution, every Minister of the Federal Republic of Nigeria is a delegate and can act on behalf of the President or Federal Government.

    Section 5(1)(a) provides that the executive powers vested on the President may be exercised by him either directly or through the Vice President or Ministers or other officers in the public service of the federation.

    However, such exercise of powers, the section stated, are effective to the point where there are no other enactments of the National Assembly restricting such powers.

    The Constitution went further in Sections 217 and 218, under the establishment of the Nigerian Armed Forces, and provided that the President in exercising his powers as Commander-in-Chief of the Armed Forces, shall determine the operational use of the armed forces of the Federation, which include powers to appoint Service Chiefs and heads of other branches of the Armed Fforces.

    According to Section 218 (3), the President may, by directions in writing and subject to such conditions he thinks fit, delegate to ‘‘any member of the armed forces of the Federation his powers relating to the operational use of the Armed Forces of the Federation.’’

    In the same vein, the Armed Forces Act, 1993 stipulates the person saddled with the day-to-day operation of the system, which is the CDS. Although the Minister of Defence is senior to the CDS, his responsibility under the Forces Council does not include dishing orders to the Service Chiefs.

    The Act in Section 5(1) provides for the establishment and composition of the Armed Forces Council, where the President is Chairman and the Defence Minister and Service Chiefs are members. It states that the Forces Council shall, under the authority of the President, be responsible for the command, discipline and administration of, and for all other matters relating to the Armed Forces, but ‘‘(2) the responsibility of the Forces Council shall not extend to the operational use of the Armed Forces.’’

    Section 7(1) states: ‘‘The Chief of Defence Staff shall, subject to the general direction of the President and of the National Assembly, be vested with the day-to-day command and general superintendence of the Armed Forces.

    ‘‘(2) Notwithstanding the provisions of subsection (1) of this section, the President may make regulations – (a) as to the Service Chiefs in whom command over the respective service is vested; and (b) as to the circumstance in which the command is to be exercised.

    ‘‘(3) Without prejudice to the generality of the provisions of subsection (2) of this section, regulations made under this section may provide for the duties, functions and powers of the Chief of Defence Staff and the respective Service Chiefs.

    ‘‘8. (1) The President shall determine the operational use of the Armed Forces, but may, under general or special directives, delegate his responsibility for the day-to-day operational use- (a) of the Armed Forces, to the Chief of Defence Staff; (b) of the Army, to the Chief of Army Staff; (c) of the Navy, to the Chief of Naval Staff; and (d) of the Air Force, to the Chief of Air Staff.

    ‘‘(2) It shall be the duty of the Chief of Defence Staff, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff, as the case may be, to comply with any directive given to them by the President under subsection (1) of this section.

    ‘‘(3) In this section, “operational use of the Armed Forces” includes the operational use of the Armed Forces in Nigeria for the purpose of maintaining and securing public safety and public order.’’

    Similarly, the National Security Agencies Act, 2004 states thus: “For the purpose of co-ordinating the intelligence activities of the National Security Agencies set up under section I of this Act, there shall be appointed by the President a Co-coordinator on National Security.

    “The Co-coordinator on National Security shall be a principal staff officer in the office of the President. The Co-coordinator on National Security shall be charged with the duty of:

    (a) advising the President on matters concerning the intelligence activities of the agencies;

    (b) making recommendations in relation to the activities of the agencies to the President, as contingencies may warrant;

    (c) correlating and evaluating intelligence reports relating to the national security and providing the appropriate dissemination of such intelligence within government, using existing facilities as the President may direct;

    (d) determining the number and level of staff to be employed by each agency established pursuant to Section I of this Act and organising the transfer and posting of staff, especially the transfer and posting of existing staff of the Nigerian Security Organisation established pursuant to the Nigerian Security Organisation Act 1976, repealed by Section 7 (1) of this Act;

    (e) doing such other things in connection with the foregoing provisions of this section as the President may, from time to time, determine.

     

    Who said what?

     

    As the political head of the Defence Ministry, which comprises the military and civil components, the Minister of Defence (MOD) has two principal advisers viz: a permanent secretary, who is secretary of the Forces’ Council, and the CDS.

    To former CNS, Vice Admiral Jibril Ayinla, the CDS and Service Chiefs should have no constraints feeding the minister with relevant information that will assist in policy formulation to eradicate Boko Haram.

    He said: ‘‘The MOD is the political head of all the Armed Forces.  He is the head of all echelons of the higher command of the Armed Forces. So there should be no impediment whatsoever in feeding him with information he needs to formulate the strategy to fight any war including the extant insurgency ravaging our nation state.

    ‘‘The CDS and Service Chiefs along with any resource persons the MOD may co-opt, need to urgently work out the strategy and evolve tactics to nip this insurgency spreading like cancer in the bud.’’

    Another former Service Chief, who preferred anonymity, said there is a difference between politics and profession. He argued that the strength of any military is in its intelligence and such information should not be available to a political appointee.

    ‘‘If you want the job done, allow the professionals to do it. Gen. Gusau is now in politics, though he should know better. Would he have agreed to such conditions if he were still in service? It is just like me, coming to you and demanding that you submit your pen, camera and other gadgets to me; it is not done,’’ he said.

    Lawyers, who added their voices to the issue, argued that the position of the CDS and Service Chiefs should not be viewed as insubordinates since there are clear legal provisions to back their claims.

    The Nigerian Bar Association (NBA), Ikeja Branch Chairman, Monday Ubani, and constitutional lawyers Norrison Quakers (SAN) and Sabestine Hon (SAN) said the outcries were unnecessary.

    Ubani said the matter on hand was not one issue of who is right or wrong. “I would rather think that Nigeria is clearly endangered by the military brass that are managing the security system of the nation. If the ultimate desire of those managing the security of lives and properties in Nigeria is to ensure effective and efficient system of security, then we should not be talking of not disclosing operational details to the man, who ought to coordinate all the security chiefs for the protection of lives and properties in Nigeria.

    “If we all mean well for the country then the issue of crisis of confidence should not be there in the first place. It is obvious that some people are benefiting from this insecurity in Nigeria and will want it to continue forever. One is not amused by all that played out last week. There is more than meets the eye in this insecurity in Nigeria,” he argued.

    Ubani pointed out that the Minister of Defence is in charge of defence both territorially and extra territorially. “Therefore, being the eye and ear of the president on issues of security, the Service Chiefs ought to work collaboratively with him for effective defence  of the country,” he said, adding that the bickerings and outright contempt of him is clearly uncalled for.

    “He represents the president on matters of defence in the cabinet, however, the president remains the Commander-In-Chief of all the armed forces in Nigeria,” he stated.

    He noted that the office of the National Security Adviser is defined by nomenclature and that it is to advise the president purely on security matters. “The office of the Defence Minister is much more than that. Operational and administrative structures are erected by this ministry to ensure effective defence of the country in all its ramifications. Therefore, I think it is not a contradiction. However, collaboration with altruistic love for the country is the key word,” he said.

    Quakers submitted that by Section 130(1) of the Constitution, the President as Chief Executive of the Federation and  Commander-In-Chief of the Armed Forces  functions as Chairman of the National Defence Council and the National Security Council, which are established by the Constitution(Section 153(1)(g and k).

    ‘‘By the community reading of the provisions of the constitution the Service Chiefs all report to the Chief of Defence Staff, who in turn reports to the President on intelligence and operational matters.

    ‘‘A careful examination of the composition of the bodies above referred as contained in item 16 of the 3rd schedule, (part 1) of the National Defence Council, has the Service Chiefs reporting to the Chief of Defence Staff, who in turn reports to the Minister of Defence, but by the provisions of item  25, we observe that by the hierarchical structure, the Chief of Defence Staff ranks above the Minister of Defence.

    ‘‘The implication of this is that on issues of internal security such as the insurgency being experienced in the northern part of the country, the CDS reports to the President and his conduct and that of his men, must not be viewed as insubordination.

    ‘‘I really do not see the reason for any conflict between the MOD and the Service Chiefs for non disclosure of operational and intelligence matters in the fight against Boko Haram, because the powers are conferred by the Constitution and the functions are clearly set out,’’ said Quakers.

    In the same vein, Hon argued that with the coming into force of the Terrorism (Prevention) (Amendment) Act No. 25 of 2013, and Section 4 of the National Securities Act, Cap. N74, Laws of the Federation, 2004, the MOD has no role to play in the day-to-day operations and intelligence of the armed forces.

    He argued that both Acts provides that the office of the National Security Adviser (NSA) should be “the coordinating body for all security and enforcement agencies” in the fight against terrorism in Nigeria.

    From the constitutional and statutory scheme of things in Nigeria, Hon argued that the MOD is just like any other minister, hence military chiefs, though are required to confer with him on certain defence matters, may lawfully choose not to, without incurring the wrath of the law.

    Unless the necessary laws are amended, Hon said the MOD has no power, whatsoever to summon military chiefs to brief him on any matter.

    ‘‘This position has nothing to do with the person of Gen. Aliyu Gusau, a highly respected and thorough-bred ex-Army General. The law is what it is and is not what it ought to be.

    ‘‘Whatever agreement Mr. President may have reached with Gen. Gusau prior to the latter’s appointment as Defence Minister is inferior and must give way to the Constitution of Nigeria and all the relevant laws cited above,’’ said Hon.

     

    The way out

     

    Making reference to the United States Intelligence Act, 2004, and the Philippine Human Security Act, 2007, Hon said it would be dangerous to vest all security apparatus in the hands of one person or office.

    He said the nation’s laws should be amended by the National Assembly, if the fight against terrorism and organised crime must get any headway in Nigeria.

    ‘‘The office of Nigeria’s National Security Adviser is too limited in terms of financing, personnel and spread to effectively coordinate counter-terrorism in Nigeria. The US and Philippine models should be fused together urgently by the National Assembly in enacting a law to that effect,’’ he said.

    Quakers said it is important to understand whether, the issue is internal or external in order to avoid a reoccurrence.

    ‘‘I believe the reason, the MOD would have felt slighted, is because he is a retired General, who understands command structure and reporting line. The hue and cry for me is absolutely unnecessary,’’ said Quakers.

    Ubani urged for collaboration among all the actors in the security sector including Minister of Defence, the Minister of State for Defence, the CDS and the service chiefs. “They must all work together for the protection of lives and properties of both the elite and the commoners within the country.

    Patriotism and love for the country and the citizens should be on the minds of those appointed or selected to serve the country. It is a privilege for one to serve his country. It should not be for ones interest or pocket, which is the case in Nigeria,” Ubani stated.

    To minimise the devastating effect of terrorism in Nigeria, he suggested that all the cadres and structures of security apparatus must be properly overhauled for efficiency. Personnel’s welfare, according to him, should not be toyed with. He emphasised that they must all collaborate for the good of the nation.

    To end terrorism in Nigeria, he said, the country must be truthful enough to itself by putting in place a proper federal structure to allow autonomy, competition and growth at their possible pace. “That is the panacea to the madness happening in the country at present,” he said.

     

  • Gusau and the generals

    Gusau and the generals

    The drama over newly-installed Minister of Defence, Gen. Aliyu Mohammed Gusau’s (retd) continued membership of the federal cabinet may have blown over for now, but unless the fundamental issues that brought the matter to a head are resolved, there could be consequences for the war in the North East.

    The trigger that nearly forced the minister to quit barely one week after assuming office was his attempt to hold a meeting with the service chiefs. After giving him the runaround for a couple of days, the military brass mandated Chief of Defence Staff (CDS), Air Marshall Alexander Badeh, to represent them.

    When it became clear that the service chiefs were sending him a clear message, an infuriated Gusau then made it clear he could not work with officers who would not respect his authority.

    To get a sense of perspective, it is important to remember that the position of CDS is a creation of the 1979 presidential constitution. Like most things in that document, it has an American equivalent – Chairman of the Joint Chiefs of Staff. The first person to serve in that role was Lt. Gen. Alani Akinrinade (retd) who was appointed in 1980.

    Concerning this office, the Armed Forces Act of 1993 as amended in the 1999 constitution states: “The Chief of Defence Staff shall subject to the general direction of the president and of the National Assembly be vested with the day to day command and general superintendence of the Armed Forces.”

    The CDS reports to the President/Commander-in-Chief and has the minister as his administrative supervisor. His responsibility is to formulate and execute policies and ensure the operational competence of the Army, Navy and Air Force. He is assisted in this assignment by the Chiefs of Army, Navy and Air Force Staff.

    The minister for his part is the political head of the Ministry of Defence and has two principal advisers – a civilian Permanent Secretary and the CDS. It is through the minister that the executive conveys policy directives which the military would implement. While he is clearly in the chain of authority, that does not extend to command and control and other operational issues which are left to the professional soldiers irrespective of whether the minister is a former military officer.

    If the roles of these two powerful individuals are so clear cut, how did we end up with this crisis? In the 34 odd years that the post of CDS has existed. I cannot recall an instance when there was this open turf war between Minister and CDS. Significantly, when Badeh met Gusau, he reportedly said the ‘military’ had met and their position was that it was not necessary for the service chiefs to be present at the encounter.

    That immediately raises some questions. Does the minister have authority to summon the service chiefs for a meeting without going through the CDS? What is the existing tradition regarding this? When civilians like Rabiu Kwankwaso, Haliru Mohammed, Shettima Mustapha and others were ministers did they summon the service chiefs for such meetings? What sort of reception did they get?

    Gen. Gusau is one of Nigeria’s most celebrated military officers and one of the oldest surviving generals. So you would expect that he would be sure of where he stood in calling such a meeting. In the same way you would expect the services chiefs to know what they are doing in taking the position they have staked out.

    So what is going on here? What has changed in the basic rules of engagement to provoke both sides digging in?

    The answer could lie in the process leading to the return of Gusau to the cabinet. It is not news that before he agreed to rejoin President Goodluck Jonathan’s team, he gave conditions under which he would serve. Among other things he asked for an enhanced role as coordinating minister overseeing the security forces. He wanted a free hand to operate and leeway to do whatever was necessary to address the security challenges facing the nation.

    My sense is that if this was the existing arrangement, it would simply be a case of an individual slotting into the system and carrying on. The fact that such specific demands were made by Gusau suggests that this was novel and uncharted territory.

    The demands, which have not been denied by the general, would make him a sort of super minister in the mould of Coordinating Minister on the Economy and Minister of Finance, Ngozi Okonjo-Iweala. But whereas the former World Bank chief managed to pull it off complete with the mouth-filling nomenclature, whatever Gusau agreed with the president remains a secret between them.

    The upshot is that the secret agreement has now come up against the brick wall of legal reality. It is not as if everyone accepted Okonjo-Iweala’s role without cavil. Some pointed out the amplified portfolio usurps the constitutional role of the Vice President who as chairman of the National Economic Council (NEC) should coordinate the economy.

    But if Vice President Namadi Sambo chose not to make waves, the same cannot be said of the military who have it in their DNA to do battle. And it all revolves around the provisions of the National Security Agencies Act. Their interpretation of the invitation to meet the minister was that it was a creeping way of getting them to start reporting to Gusau – something they were leery of doing without an amendment of the National Security Agencies Act.

    The trouble with the legal position is that it is an axe that either side can wield – not just the serving generals. For instance, under Section 217 of the Nigerian constitution, and Section 7 of the Armed Forces Act, the president has powers to issue commands directly to the military brass. But the same constitution allows the president to delegate his powers to ministers. Under those conditions does Gusau not have enough wiggle room to do what he wants to do?

    As at the time of writing this piece, the stalemate remained unresolved. Apologies may have been delivered on questions of etiquette, but on all the fundamental issues the soldiers have refused to budge.

    President Jonathan needs to act one way or the other. He can either give Gusau the sort of public backing for the terms he asked for before coming on board, or simply insist that that whatever system has been functioning seamlessly for 34 years is kept in place. After all, the Americans and British have similar structures and are not being treated to unseemly public spats by senior members of their security establishment.

    Feelings would be hurt and some could be demoralised, still Jonathan is the Commander-in-Chief. He must act swiftly to squash the Abuja turf wars so the most important people – the troops – can focus on the raging shooting war threatening to consume the North East and more.