The All Progressives Congress (APC) has called for an international commission of inquiry to probe the Boko Haram insurgency. The party believes this will expose those behind Boko Haram and reveal whether or not the problem is being exploited for political and economic advantages. Is such an inquiry the way to go? Will it work? JOSEPH JIBUEZE sought lawyers’ views.
Will the battle against insurgents ever be won? To the All Progressives Congress (APC), the President Goodluck Jonathan administration has so far failed to contain the Boko Haram insurgents who have wrecked havoc in the Northeast, turning it into a mass killing field. It has, therefore, called for an international commission of inquiry to probe the problem.
Its National Chairman Chief John Odigie-Oyegun said it is probable that the insurgency is being used for political purposes.
“We thought that a state of emergency will give our military the freedom to operate and so the nation supported the National Assembly when the President requested for a state of emergency. The state of emergency came and things have continued to degenerate. It is only logical that you ask yourself what could be wrong.
“As a matter of fact, we have, on a number of times pleaded that an impartial international commission of inquiry be set up to look into this Boko Haram issue. Why is it what it is? Why is it growing at the rate it is growing? If necessary, tell us who are those behind it? Is it likely that the Boko Haram issue is now being exploited for political advantage?
“Nigerian troops have confronted equally savage situations in Liberia and Sierra Leone. They have paid with blood and dear lives to bring peace to other countries where the whole nation has broken down into total anarchy and succeeded. Why are we unable to succeed in our own backyard? Ask yourself that question…
“Who stands to benefit if three APC states are unable to effectively participate in the elections come February 15, 2015? Why is it that contrary to simple common sense, they have been making this endless claim that they know those behind Boko Haram? It is clear that the PDP know who the sponsors of Boko Haram are. So, why are they not tackling them?
“How come Mubi could be captured without a single shot being fired? How come our troops have been withdrawn from Mubi? How come the security agencies were not in Mubi? Who is benefiting from all of these? Please ask yourself why?”
Basis for inquiry
Since 2009, Boko Haram has claimed responsibility for thousands of deaths. Last May 14, President Jonathan declared a state of emergency in Borno, Yobe, and Adamawa states in a bid to fight their activities.
Since the emergency, the insurgents’ assault has not abated. Boko Haram’s leader Abubakar Shekau, declared a “most dreaded and wanted” terrorist, with the United States offering a US$7million bounty for information leading to his arrest, took responsibility for the April kidnapping of over 200 school girls in Chibok. On May 6, eight more girls were kidnapped by suspected Boko Harām gunmen. In a videotape, Shekau threatened to sell the kidnapped girls into slavery.
On May 5, Boko Haram attacked the twin towns of Gamboru and Ngala in Borno State. They started shooting in a busy marketplace, set houses on fire, and gunned down anyone who tried to flee. The death toll of the massacre was been set as high as 336.
Last week, at least 46 students were killed by a suicide bomber at a school assembly in the town of Potiskum. The suicide bomber was dressed as a student. Police suggested Boko Haram carried out the attack. At least 79 were wounded.
The sect has targeted schools during a deadly five-year insurgency aimed at establishing an Islamic state. While waging a sustained campaign to prevent children from going to school, it believes girls should not attend school and boys should only receive an Islamic education.
In February, Boko Haram gunmen killed at least 40 students when they opened fire and threw explosives in student hostels in a government boarding school in the town of Buni Yadi, in Yobe state. Last year, 42 students were killed when Boko Haram gunmen attacked dormitories with guns and explosives in a government boarding school near Potiskum.
About two weeks ago, a suicide bomber blew himself up in Potiskum amid a large crowd of Shiite Muslims holding the annual Ashura ceremony to commemorate the murder of Imam Husseyn, the grandson of the Prophet Mohammed. That blast killed 15 people. No one claimed responsibility for the attack, but Boko Haram was suspected.
Ceasefire fiasco
On October 17, the Federal Government, through the Nigerian military, said that it had agreed to a ceasefire with the violent sect and that the Chibok girls would be released.
The deal was announced by the Chief of Defence Staff, Air Marshal Alex Badeh. “A ceasefire agreement has been concluded between the Federal Government and the Jama’atu Ahlis Sunna Lidda’awati wal Jihad (Boko Haram),” he said.
The President’s Principal Secretary, Hassan Tukur, added: “The Boko Haram members have assured us that they have the girls and that they will release them. I am cautiously optimistic.”
It was reported that officials met with Boko Haram in Chad twice during talks mediated by Chadian President Idriss Deby.
But a day after the ceasefire announcement, eight people were mowed down in Dzur Village in Borno, extinguishing whatever hopes anyone nursed of a truce.
Two weeks later, Boko Haram laughed off the announcement of a ceasefire agreement, saying there was no such deal and the schoolgirls abducted in April have been converted to Islam and married off.
“Don’t you know the over 200 Chibok schoolgirls have converted to Islam? They have now memorised two chapters of the Quran. We married them off. They are in their marital homes,” a chuckling Shekau said in a video.
The group’s leader also denied knowing the negotiator with whom the government claimed it worked out a deal, saying he does not represent Boko Haram. “We will not spare him and will slaughter him if we get him,” he said of the negotiator.
Is an international inquiry feasible?
It is not the first time APC will demand an international inquiry. On July 12, it called for an international commission to unravel Boko Haram’s sponsors, mode of operation, as well as any individual or group that may have links with the insurgents.
Its National Publicity Secretary, Lai Mohammed, the party said the inquiry should include intelligence experts from the United States, United Kingdom, France and Canada, as well as representatives of the United Nations and Nigeria’s neighbours Cameroon, Chad and Niger.
It also said that representatives of the Nigerian military and other security agencies, especially the police and the Departments of State Security, states worst-hit by the Boko Haram insurgency including Adamawa, Borno, Yobe, Kano, Bauchi and Jigawa, the Federal Capital Territory; the Christian Association of Nigeria, the Supreme Council for Islamic Affairs, Civil Society Organisations, the Nigeria Labour Congress, the Trade Union Congress, National Human Rights Commission, the Nigerian Bar Association (NBA) and any other relevant individuals or groups should be included in the probe.
“We hope the PDP-led federal government, which has led the incessant but baseless campaign to point accusing fingers at the opposition, especially our party the APC, will give its total support to the immediate constitution of this international panel of inquiry,” the party said.
Some analysts have pointed to the United Nations (UN) Human Rights Council approval for an international investigation of alleged war crimes in Sri Lanka as an instance of such a probe.
The Liberation Tigers of Tamil Eelam (LTTE) was accused of brutality and massacre of civilians in border villages, large-scale bombings, political assassinations and the alleged use of civilians as human shields in their war against the state. The US-sponsored resolution targeted both the Tamil Tigers and government troops.
A constitutional lawyer Mr Ike Ofuokwu APC’s demand “is not entirely misplaced considering the monumental havoc and damage these criminal elements have unleashed on this country.”
However, he said for such an inquiry to hold, it would require the National Assembly to promulgate an enabling law to give legitimacy to such commission besides the fact it could compromise the country’s sovereignty.
On the way out, he said: “The Federal Government should have the political will to contend with this sect by declaring a full scale war and with the approval of the National Assembly impose a full emergency over these states and if we are finding it difficult to execute this war, we should apply for military assistance.
“There is no point shying away from applying for help with the countries that we have defence / military pact with. The state of emergency declared over a year ago has not yielded any result because of its partial nature.
“With the abduction of the Chibok girls and the recent killing of about 50 students few days ago, its a clear indication that if the insurgents are not crushed then Nigeria as a nation would most likely be crushed.
“It is certain that some criminal elements close to government and outside the government are benefiting economically and politically from this whole crisis. The purported ceasefire only existed in the deranged imagination of the profiteers of this whole crisis,” he said.
A former Nigerian Bar Association (NBA) Ikeja Branch chairman Monday Ubani said had already been inquiries on on Boko Haram the reports of which have not been implemented.
Besides, he said the international commission could face legal and political hurdles.
“My conclusion is that even if you allow such an impartial commission (assuming it is legally feasible), their findings will not be accepted by both the ruling and opposition parties, and if it is not accepted, its findings and recommendations will never be implemented. Therefore why should we dissipate our energy and resources on things that we all know from the beginning will be a wasted exercise.
“The second hurdle is the legality of such exercise under our constitution. Even though Nigeria is a signatory to so many international treaties and agreements, it is still a sovereign state and so may not want any country or body to interfere in her domestic matters, just as many countries and bodies may not want to interfere in our domestic issues.
“The third and potent hurdle is which body or person will invite the international body and under what Section of the Constitution will the commission be constituted? If the Federal Government under the control of PDP invites the international body to constitute the ‘impartial Commission’, the opposition party is likely to cry foul and may likely discredit the body on grounds that the body is already compromised.
“The opposition party cannot invite anybody or organisation to constitute such a commision under our laws either. The further issue for consideration is which international body are we going to ask to constitute the impartial body? Is it AU or UN? So many questions begging for answers!” Ubani said.
Ubani, an NBA National Executive Council member, said Nigeria’s federalism, which he likened to a ‘unitary system’ aggravates its security challenges.
The system, he said, takes away independence and destroys competition. According to him, little goes to the federating units, which leads to acrimony, anger, frustration and injustice.
“Arising from this is greed, corruption, outright theft and mismanagement of the economy due to the wrong system earlier on mentioned which gives rise to bad governance, neglect, dilapidated infrastructure, lack of basic amenities etc. The resultant effect of all these is the insecurity.
“The politisation of the insurgency coupled with the shocking fact that political elites are making millions from this crisis may contribute to the elongation of the insurgency in Nigeria. Let the political elites who contributed to the birth of this insurgency stop playing political-economics with this monster and heed the advice given above which we believe will end this demonic invasion of our dear country.
“Finally, we must agree by mutual consent to stay together as one indivisible nation. That agreement to stay together is yet to be reached by all the ethnic nationalities,”Ubani added.
Lagos lawyer Olukayode Enitan said there can never be an “impartial” inquiry by any commission. “Though it’s the APC calling for the commission, who is going to determine its membership? Who’s interest will they be protecting when the chips are down and when we take into consideration the fact that every nation has its own interests to protect and that there is no permanent friend but permanent interests in international diplomacy? “Those calling for the commission have not thought it through, unfortunately! However, the commission will be legitimate if the Nigerian government submits itself to its jurisdiction! That in my opinion is what would determine the jurisdiction of such a commission,” he said.
He added that insurgency can best be tackled when the government develops the political will to deal with it.
“The war will ultimately be won when the government rises above base interests and focus on national interests! Regardless of who is where!,” he said.
A member of the Ogun State Judicial Service Commission, Abayomi Omoyinmi, said setting up impartial international commission of inquiry to probe Boko Haram may not yield the desired result in revealing those behind it.
“The international commission of inquiry may have to derive its power through enactment of special law as it may fall short of requirement under international law which decisions sometimes are mere advisory and not enforceable.
“The govt should mobilise, motivate our soldiers by supporting them with the best ammunitions used in combating this type of insurgency and let the army be psychologically and emotionally involved in the war as way of tackling insurgency,” he said.
