The Nation Newspaper

Tag: lawlessness

  • Silence and lawlessness

    Silence and lawlessness

    Why has the Nigerian military not responded to public criticism of the lawless actions of its personnel against Segun Olatunji, editor of FirstNews? Soldiers invaded his Abule-Egba home in Lagos State, on March 15, and took him away. The military denied knowledge of his whereabouts, and detained him for two weeks under harsh conditions before eventually releasing him following public and professional outcry.

    They flew him to Abuja blindfolded, and put him in a cell.  According to him, “At one point, one of the officers came and tightened the cuffs on my right hand and leg. I was there groaning in pain, and it was that way for three days.”

    What did he do to deserve such torture?  He said they asked him about certain stories published by FirstNews, an online medium, concerning the chief of defence  intelligence and the chief of staff to the president.

    Even after the International Press Institute (IPI) found out that the Defence Intelligence Agency (DIA) was responsible for his detention and torture, according to the secretary-general of the Nigerian Guild of Editors (NGE), Iyobosa Uwugiaren, “they lied that the journalist was not in their custody. Yet our sources were telling us we needed to act fast to save our colleague.”

    Olatunji said his captors took him “somewhere under the bridge in Abuja,” where they released him, on March 29, after asking him to call someone in the capital city “who can guarantee my release.”

    Read Also: A case of military lawlessness

    Following the silence of the military authorities in the face of public outrage over the incident, several media groups and civil society organisations, on April 7, jointly issued a 14-day ultimatum to the Federal Government to publicly apologise to and compensate Olatunji. In a statement, they condemned “this gestapo-like, unlawful and unconstitutional treatment of a journalist under a constitutional democracy simply for doing his job.”

    Also, they demanded “a speedy, public, transparent and independent investigation into this act of barbarism,” and that “all persons within and outside the military who are found to have been connected with this unacceptable violation of the rights of the journalist and the constitution… should be prosecuted before the appropriate court and punished to the full extent of the law.”

    The signees vowed to “pursue all available mechanisms at the national, regional and international levels to ensure compliance with our demands,” if the Federal Government failed to respond positively to their demands within 14 days.

    Silence is an unacceptable response in the circumstances. The military and the Federal Government should not only say something but also do something about this case of lawlessness. 

  • Atiku warns of slide to arbitrariness, lawlessness

    Former Vice President Atiku Abubakar has warned against what he called a consistent pattern of departure from constitutional due process to tendencies of authoritarianism.

    Atiku, in a statement marking the 25th anniversary of June 12, said there was a growing culture of arbitrariness in some of the institutions of government at all levels that is contradictory to the notion of inclusiveness and fairness that a democratic society guarantees.

    The former vice president espoused that the very foundation of a democratic society is the guarantee of fundamental human rights that gives the citizenry the freedom of speech, freedom of movement and the ability of the people to belong to any lawful association that they deem inclined.

    The presidential hopeful of the Peoples Democratic Party (PDP) noted that it is the exclusive responsibility of the state through the various security organisations to see to the protection of these fundamental rights of the people.

    But it becomes an anathema in a democracy if institutions of government begin to act in negation of these noble objectives.

    Noting the recent campaign by youths across the country against the brutality of the anti-robbery unit of the Police, Atiku said up till now, there was yet to be a fundamental reform in the operations of that unit.

    “Today, across our major cities and even in the hinterlands, citizens – especially the youth – can hardly walk freely in open avenues without the police stopping them to search through the content of their mobile handsets. Civil servants now lose their jobs just because they choose to criticise politicians in government positions. There are even suggestions in some quarters that civil servants should be barred from signing to social media networks. Opposition politicians are regularly being hounded on wanton criminal and civil prosecutions. All of these narratives have become a consistent pattern of behaviour that is antithetical to an open and democratic society.

    “In many of the states across the country, there is a reign of fascism with governors who have suddenly become overlords, dealing ruthlessly with anyone who dares to challenge their ruthless foothold of intimidation and oppression.

    “Perhaps at this point, we need to remind ourselves that the democracy, which we enjoy today, did not come cheap price. It came at the cost of supreme price paid by persons that included Chief MKO Abiola, Alhaja Kudirat Abiola, Maj-Gen Shehu Yar’Adua, Chief Alfred Rewane and Bagauda Kaltho, among thousands of other patriots,” the ex-vice president said.

  • Bi-Courtney warns airport unions against lawlessness

    BI-COURTNEY Aviation Services Limited (BASL), operators of the Murtala Muhammed Airport Terminal Two (MMA2), has described as acts of lawlessness the threats by two of the unions in the aviation sector to disrupt operations at the terminal.

    The threat by the Air Transport Services Senior Staff Association of Nigeria (ATSSSAN) and the National Union of Air Transport Employees (NUATE) followed the termination of services of some workers.

    A statement by the company in Lagos yesterday said: “The attention of Bi-Courtney Aviation Services Limited (BASL) has been drawn to the activities of two of the unions in the aviation industry namely, the Air Transport Services Senior Staff Association of Nigeria (ATSSSAN) and the National Union of Air Transport Employees (NUATE), who have threatened to disrupt operations of our terminal.

    “We are taken aback by their threat to further display acts of lawlessness against our organisation.

    “It would be recalled that when the General Aviation Terminal (GAT) was handed over to our company in accordance with the Concession Agreement executed between our company, the Federal Government of Nigeria and the Federal Airports Authority of Nigeria (FAAN), these two unions physically prevented us from exercising our constitutional and legal right of ownership of the terminal.

    “Subsequent to this handover, the courts have confirmed that the terminal belongs to our company.

    “It is interesting to note that the two unions, NUATE and ATSSSAN, actually challenged our ownership of the terminal in court in Appeal No. CA/A/141/M/09. The case was decided in our favour in the Court of Appeal on October 16, 2010. Their case was dismissed for lacking any merit whatsoever.

    It added: “Sequel to this, the courts have awarded damages of N132,000,000,000 favour of our company for the liability we suffered up to 2009. As at now, the damage is in excess of N200,000,000,000. The same unions, in continuation of their desire to sabotage the operation of the laws of the Federal Republic of Nigeria, are now threatening to disrupt our operations.

    “We will do everything within the laws of Nigeria to enforce our right to peaceful existence and to operate our business without any interference from meddlesome interlopers.

    “Contrary to their allegation that our members of staff had their service terminated because they threatened to join a union, these members of staff who were relieved of their appointment are staff who had either attained retirement age or who were found not to be diligent in their duties. We reserve the right to continue to improve the quality of our staff.”

     

  • ASUU sanctions UNILORIN for ‘lawlessness’

    ASUU sanctions UNILORIN for ‘lawlessness’

    The Academic Staff Union of Universities (ASUU) has sanctioned University of Ilorin (Unilorin) and directed its members to boycott academic and allied activities at the school.

    ASUU wielded the big stick following what it described as “Unilorin management’s persistent lawless, arbitrariness, violation of human and trade union rights and persecution of loyal members”.

    No academic staff of the university will be allowed to carry out any academic activity in any other university.

    This was part of resolutions reached at the end of its National Executive Council meeting in Awka. A copy of the sanctions was made available to reporters in Ibadan by Chairman of the University of Ibadan Chapter, Dr Deji Omole.

    The union noted that despite efforts at resolving the crisis in the institution, the management and its sponsored groups were fuelling the crisis, alleging that it forcefully deducts check-off dues without remitting same to the national body.

    Omole added that the union also directed its members to boycott all Unilorin-based journals, quarterlies, newsletters, while articles from academic staff of the university will not be accepted by journals for peer review and/or publication in other universities.

    He said: “Despite ASUU’s intervention, since 2001, the University of Ilorin administration has persisted in acts of lawlessness, arbitrariness, violation of human and trade union rights, and persecution of loyal members.

    “Contrary to the law and despite the ruling of the National Industrial Court, the university has continued to prevent ASUU from functioning on its campus. It has also continued to forcefully collect check-off money from its academic staff without remitting it to the union.

    “The union is, therefore, bound to protect the principles of democracy and the exercise of freedom in the academia, and also insist on the right to function through its own accredited representatives.

    “NEC, at its meeting at the Nnamdi Azikiwe University, Awka, recognised distinct groups that have emerged in creating and prolonging the crisis at unilorin.

    “For the avoidance of doubt, academic staff of the university shall not participate in any academic activities of other public universities and vice versa.

    “All members of the union, including those serving in private universities during the period of the sanction, shall comply,” he added.

  • Senselessness and lawlessness in Kogi

    Senselessness and lawlessness in Kogi

    LAST Monday, Governor Yahaya Bello of Kogi State signed the state budget into law in defiance of the National Assembly which, some three days earlier, had asked for the budget to be submitted to the national legislative body consequent upon the takeover of the functions of the Kogi State House of Assembly by the House of Representatives. It is not obvious how Kogi State officials hope to circumvent the clear provisions of the law in spending state funds not appropriated by a lawful body. But whatever steps they take subsequently will be unconstitutional, notwithstanding the Attorney General of the Federation’s creative interpretation of the constitution.
    The State House of Assembly made up of 21 members is clearly not functioning. The so-called 2016 Budget signed into law by Gov Bello was perused by a minority of state lawmakers unable to form a quorum. On February 16, five lawmakers, believed to have been instigated by the executive arm, had purportedly impeached the Speaker, Momohjimoh Lawal, who was supported by 15 lawmakers, and replaced him with Umar Imam. The ensuing inability of the state Assembly to convene and function as a legislature prompted the House of Representatives to send a 10-man panel to probe the stalemate. The result was that on March 9, the Reps took over the functions of the Kogi State House of Assembly. On March 18, the Senate concurred in the takeover to give the measure teeth.
    But in an indication of what is truly amiss in Kogi, the Attorney General of the Federation (AGF), Abubakar Malami, had written a letter, believed to have been prompted by ulterior motives, to Inspector General of Police, Solomon Arase, advising him to reopen the State legislative building ordered shut by the Reps, insisting that the legislature could still function if the right legal steps were taken. The National Assembly of course took offence, but the stalemate has persisted, especially with the defiant posture of the governor himself.
    Now, there is no doubt that senselessness and lawlessness reign in Kogi State. The police have somewhat retraced their step, but the AGF is still waffling and pussyfooting. The governor feels animated by his defiance of constitutional provisions to keep up his antagonism toward the dominant faction of the state legislature. The minority lawmakers in turn recognise that federal and state powers appear inscrutably tilted towards them, making them to be further entrenched. Meanwhile, the disenfranchised majority lawmakers are groaning bitterly under the impunity of the governor and his federal backers.
    Keeping the Kogi House of Assembly sealed will neither deter the lawless behaviour of the minority lawmakers nor assuage their exuberance, for they can always pretend to lawmaking anywhere it pleases them. But it is important the House of Assembly continue to be sealed so that those affronting the law can only do so to the considerable disquiet of their consciences, assuming they have not been so stifled that their owners can’t claim any moral compass. It is also important that the House of Representatives should issue a caveat to the public, especially financial institutions, to desist from associating with state officials in respect of the so-called appropriated budget of the state. If that still does not bring the intransigent governor and the reprobate faction of the legislature to their senses, the National Assembly, functioning as the state lawmaking body, should initiate impeachment proceedings. It will have no bearing on the many election cases pending in the tribunal over the last governorship poll.
    The usurper faction in the Kogi Assembly debacle has taken frantic steps to shore up their number from the measly five that triggered the confusion in the legislature. But whatever their numerical strength is now, it does not mitigate the unlawful first acts taken by that querulous faction in embarking on the impeachment of Speaker Lawal. If the governor is too heady to understand the implication of the crisis he has engineered and encouraged, and his federal backers lack the circumspection and democratic credentials to restrain themselves, the National Assembly has a duty to enforce the law in order to prevent one deviant and fractious state from bringing the house down on everybody. It is a shame that five lawmakers claimed to have impeached a Speaker backed by 15 members. What is even more worrisome to the country is the rabblerousing by Kogi youths as they thoughtlessly swooped last week on the National Assembly to protest the sealing of the House of Assembly. Surely there is a limit to rank idiocy.

  • Can lawlessness justify killings?

    SIR: On December 12, a dastardly carnage in the city of Zaria, Kaduna State, involving the Nigerian Army and the Shiite movement, an Islamic group, left many with an awful impression of the methods of the military to correct lawlessness. The clash which led to the deaths of hundreds of Nigerians, women and children inclusive suggests the brutal and disproportionate approach of the military at restoring order and discipline in the event of lawlessness.

    Unfortunately, the Shiite movement, like most other religious groups, both Islamic and Christian, have had most of their excesses, which are not limited to blocking of roads with frequent processions of their members or even taking over the roads, thereby obstructing free-flow of traffic and preventing other road users from having easy access, unchecked in the past.

    While the exact sequence of events that led to the encounter remained totally unclear, some facts which are already obvious in the public circle is that the “massacre” may have been provoked by the group’s insistence on denying the army chief, General Brutai use of the road for an official engagement. For as much the Shiite group action stand condemnable, the Army’s response is by even far more worse, as it left a tragic outcome of events yet to be witnessed in our national history.

    Rather than the deployment of full-fledged force against the Shiite movement, the Army has in its possession other civic sanctioned tools, such as rubber bullets, tear gasses and others that could easily curb civic disorders as that of the Shiites, with no or less casualties. It instead opted for waging sledge hammer on a mere ant, a clear demonstration of misappropriated strength.

    It is nauseating that the Army instead of showing remorse for the hundreds “massacred” in the avoidable clash, was only interested could offer justification of their actions when the tenets of democracy which we operate clearly dictates the procedure of how civic disorders are to be countered and punished. It is never an acceptable norm in a democracy that civic disobedience is to be punished with outright killings.

    While the setting up of judicial commission of inquiry by Governor Nasir El-Rufai of Kaduna State to unravel the exact cause of events that predated the clash is highly commendable, it however behoves on the Army High Command to engage in civic engagement orientation of its men to bring to caution its trigger-happy officers in ensuring restraint to avert future clashes with armless civilians, knowing well that it is by far in strength. It must be made to understand that curbing lawlessness cannot be an excuse for careless/extra-judicial killings.

     

    • Sarafa Ibrahim,

    Abuja.

  • Police and lawlessness in Ekiti

    Police and lawlessness in Ekiti

    SIR: Since Governor Ayodele Fayose was re-elected into office as the Ekiti State governor, it has been one crisis or the other. Unrest, acrimony and upheaval have become a regular feature under the new regime. Few persons have also lost their lives. Many Ekitis are beginning to wonder whether this is how things will continue.

    How do we explain the unlawful attempt by only seven members of the House of Assembly to conduct the legislative affairs of the house? During the kangaroo plenary that ensued, the Peoples Democratic Party (PDP) caucus reportedly ‘confirmed’ the appointment of three commissioner-nominees, special advisers and caretaker committees for the 16 Local Government Areas of the state as proposed by Fayose. Their purported confirmation followed the presentation of a list containing their names by the appointed leader of government business for the day, Samuel Ajibola, who had cited the absence of the Speaker,  Adewale Omirin, and his deputy as the reason for the appointment of Dele Olugbemi as the protem speaker!

    He had argued that Section 27 of the Standing Order of the assembly empowered its members to appoint a protem speaker in the absence of the substantive Speaker and his deputy. Earlier and against the normal rule of the assembly, the seven PDP members, led by armed policemen and thugs were said to have bundled the Clerk to his office and at gunpoint, removed the mace from his office, to illegally conduct the plenary. The crisis in the assembly assumed a dangerous dimension when Fayose allegedly ordered the sealing-off of the Speaker’s office, who also claimed that the governor had deployed threats, intimidation, coercion, froze the accounts of the assembly, and cut electricity supply to the Speaker’s lodge, among other harsh treatment, meted out to the house.

     What is obvious in all of this is the inability of the police to rise to the challenge of maintaining law and order. It is just in line with recent events in Osun, Adamawa, Nasarawa and Rivers states, where the police openly and shamefully displayed partisanship, unprofessionalism and abdicated their sworn duty to protect all.

    We should remind police authorities that in line with the constitution and the Police Act, they are bound to be fair to all in the discharge of their statutory duties. The police, rather than promoting the rule of law, have become a major problem and clog in the wheel of progress for our weak democratic rule. They should, therefore, stop taking sides with political parties, groups and the government in power at any level in Nigeria.

     

    • Adewale Kupoluyi,

    Federal University of Agriculture, Abeokuta.

  • Executive lawlessness

    Every citizen of Nigeria is entitled to move

    freely throughout Nigeria and to reside in any

    part thereof, and no citizen of Nigeria shall be

    expelled from Nigeria or refused entry thereto

    or exit therefrom.

    – Section 41 (1) of the Constitution

    The Constitution lists out the fundamental rights of the citizens and in line with the principle of social contract those in authority, must as a matter of course, uphold those rights. They are charged with the protection of these rights, which the citizens must enjoy without any encumbrance, except where they break the law. These rights are, however, not absolute as they come with responsibilities. It is the responsibility of the citizens to ensure that in enjoying these rights, they do not do anything contrary to the law, which may lead to the abridgement of their rights.

    These rights are enjoyed by everybody, whether king or serf, president or pauper. The king is not expected to use his position to deprive the serf of his right nor is the president allowed to use his exalted post to oppress and deny the pauper or other members of the society their rights because of political disagreement. The lowly too are not expected to abuse the rights of those in power by denigrating them in any form whatever.

    In essence, the mighty and the lowly should learn to live together and accommodate one another’s idiosyncracies. The powerful are not expected to take the law into their hands because they have what it takes to punish the poor. It is always the powerful versus the poor, but once in a while, we see the powerful taking on the powerful. When these two elephants take on themselves, it is usually not on equal terms, as we saw in some instances in the past.

    A few years ago, the late Dim Emeka Odumegwu – Ojukwu took on the then military government in Lagos State over his father’s property in Ikoyi. The government of the day brought state might to bear on the case, despite the high and appeal courts’ verdicts that the property belonged to Ojukwu. Annoyed by the government’s disposition, the Supreme Court described the military junta’s action as ‘’executive rascality’’.

    Governments, whether a dictatorship or a democracy, are expected to obey the law. This is why the sage once said: ‘’Even in the midst of guns, the laws are not silent’’. Yes, the laws are never silent, but we the people are the ones that are silent in the face of tyranny. We keep silent when others are being maltreated because of fear of what the late legendary musician, Fela Anikulpo – Kuti, called: I no want die, papa dey for house, mama dey for house…’’

    We forget that when we keep silent when others are being oppressed, there may be nobody to speak up for us too when we find ourselves in a similar situation because by then, they may all have died or be in jail. This is why Wole Soyinka said in his book : The Man Died, ‘’that the man dies in him who keeps silent in the face of tyranny’’. It is tyrannical for the powerful to oppress the poor and more so when the highly powerful takes on the less powerful.

    The Constitution, which grants every Nigerian the right to freedom of movement, states the condition under which that right can be curtailed. According to Section 41 (2): Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic setting –

    (a): imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria.

    Last Thursday in Port Harcourt, the Rivers State capital, without respect for this constitutional provision, Governor Rotimi Amaechi was prevented from entering his residence at the Government House by the police that were as usual ‘’acting on orders from above’’. Amaechi and his entourage were returning from an outing when they tried to access the Government House through Forces Avenue in Port Harcourt GRA, which is said to be a shorter route. They ran into the police blockade.

    The blockade of road by the police is not new in our country. They do it at will under the guise of looking for a criminal. At other times, they may cordon off a street when they seal off a newspaper house. We have seen all these before, but to block a road leading to the Government House? That is the height of impunity. Being a governor comes with certain privileges. These privileges include unhindered access to anywhere the governor chooses to go on legitimate business. So, to stop Amaechi from entering his own abode under any pretext is farcical.

    If Amaechi were to be a common man, it would have been understandable. We would have said that is how they treat us. But Amaechi is a governor for God’s sake; his office and person deserve respect. Who is a Commissioner of Police (CP) by the way, to stop a governor from accessing his quarters from any point he likes? Is there any law which says that the governor must come in or go out through a point chosen for him by the police? Who is the CP to direct Amaechi to take another route? Did he do that to show that he can make things tough for Amaechi? According to a Yoruba adage, no matter how mad a dog is, it is expected to respect its owner.

    The police should not forget that they are public servants. They are funded by tax payers’ money and as such, they should be beholden to the people and not to those who are in power temporarily and who will quit when their time is up. What would it have cost the police to move their vans to enable Amaechi enter his house last Thursday, if they had no ulterior motive? When the governor alighted from his vehicle, they should have listened to him out of respect and allowed him to pass, if they had no other agenda. They didn’t because they wanted to humiliate him.

    It wasn’t Amaechi that was

    humiliated but those who

    think that they can use their positions to play god. Why is the governor being harassed all over the place? In one breathe, they are talking peace, in another, they are still using agents of state to fight the poor guy. What did he do wrong to warrant being treated as if he is a commoner? By the grace of God, Amaechi is today a governor and there is nothing anybody can do about that, whether they have the police at their beck and call or not.

    Besides, constitutionally, he is also the chief security officer of his state. So, the police must learn to respect him, no matter the brief they may have to make things difficult for him. I pity the policeman, who reportedly told Amaechi that he ‘’does not take instructions from civilians’’. He is emboldened by the support he is enjoying from those using him now. He will soon realise the folly of his action when they dump him. But I pray, will they let Amaechi be?

     

    What a man can do…

    Before the National Assembly resumed from its seven weeks break on Tuesday, the crisis threatening to tear the ruling Peoples Democratic Party (PDP) apart had reached the place. Some lawmakers had pledged loyalty to the Abubakar Baraje – led breakaway faction. No fewer than 20 senators were said to have pledged allegiance to the New PDP. An equally large number of members of the House of Representatives is also with the group. This was the setting when the faction visited the House on Tuesday hours after it rose from its first sitting after its vacation.

    The meeting with the lawmakers was rowdy. Those opposed to the group came with a set mind to disrupt the meeting. The other side will not allow that. The highlight of the battle was the superlative performance of Binta Masi Garba, an ex – member, who torn the agbada of Hon Afeez Adelowo to shreds. Were you surprised at the woman’s performance? I was not. Isn’t it said that what a man can do, a woman can do, even better? Ride on, my sister; show those lazy men, the stuff some women are made of!

     

  • Gun factory: ‘Kwara community won’t tolerate lawlessness’

    ollowing the reported discovery of a mini-gun factory in Offa, Offa Local Government Area of Kwara State, the community has said it would not allow any act of indiscipline and lawlessness.

    The Navy, last weekend, said it discovered a mini-gun factory in the community.

    It paraded Taofik Salau Toyinbo and Sunday Ogundele, who were alleged to be manufacturer and buyer of a gun.

    The Commandant, Navy School of Health Sciences, Offa, Navy Captain Ima Ansa, paraded the suspect on the school premises on Irra Road, Oyun Local Government.

    He said: “We arrested the man in a commercial bus coming from Irra, Oyun Local Government, going to Offa. He concealed a single barrel gun in a bag. It was during investigation that he said he bought the gun in Offa.”

    In a statement yesterday, the Secretary-General of Offa Descendants Union (ODU) Mrs. W. T. Macarthy said: “Offa is a law-abiding community and will not tolerate any act of lawlessness and indiscipline. It will always stand by the government in the steps to ensure the security of life and property of this great nation.

    “The purported manufacturer of the gun, who the culprit claimed to have purchased the gun from, is a licensed gun repairer who has been in operation years back. The culprit is not an indigene of Offa but only a sojourner from Ife-Ore axis. From the submission of the culprit, evidence abounds that there is no link between him and the gun repairer and the community of Offa.”