Category: Guest Columnists

Chief Edwin Kiagbodo Clark: Celebrating a Nigerian Treasure at 86

It was a calm Sunday morning in northwest London, having breakfast with Chief E.K. Clark (Daddy) and his beautiful and caring wife Dr. (Mrs.) Bisola Clark (Mommy) just a few weeks ago, and I’ve seldom had more fun while talking about so many matters that were unreservedly pleasant and unpleasant: Family, Politics, Boko Haram, and the need for a united Nigeria.

Daddy, one of Nigeria’s great good men, could talk about all of that and more without losing his candidness and sense of humor. He is an historian sometimes with a big, engaging smile that seemed ever-present and other times with seriousness. His greatest concerns are with the moral corruption brought on by veering one's ideals to societal pressure, buying into the values of a group when they conflict with the voice of personal conscience.

The elder statesman is troubled by the present state of our politics and the grab all syndrome, but undaunted. If there is going to be change, indubitable change, he said, “It will have to be from self decency and the spirit of brotherliness. That’s how change happens.” His modest rented apartment will tell you the caliber of this humble man. One will assume that Chief E.K Clark would own several palatable homes abroad.

Papa Clark is an unbelievably decent man who felt obliged to challenge injustice and unfairness wherever he found it. He once said, “…and it has remained a guiding principle, is that, when you are 70 years and over, you are at the departure lounge awaiting your boarding pass. Therefore, you should be courageous enough to speak the truth and condemn all that is evil.” He is not afraid to say what he wants to say, against the backdrop corruption and injustice. He is often taken to task for peeling back the rosy veneer of much of Nigerian history to reveal sordid realities that had remained hidden for too long.

Papa as some call him would protest peacefully for important issues he believed in - against corruption, oppression, equality, and fairness among others. He is a man of exceptionally strong character. He was born on May 25th 1932 in Eriawvarien in the present Ughelli South Local Government Area of Delta State by the late Chief Bekederemo Clark of Kiagbodo (Burutu Local government Area).

Chief Clark's affection for our country developed over time, who as a young man worked hard as a headmaster and community development office contributing to the development of education and the mobilization of the people for community development. He has held various local regional and national positions, including commissioner for Education, Finance and Establishment, Federal Minister for Information and National Orientation, and Senator among others. Also, he is senior colleague at the bar; an alumnus at the Holbom College of Law, London, who was later, called to the Bar in England as a member of the Honorable Society of the Inner Temple and as solicitor and advocate of the Supreme Court of Nigeria.

The devotion of his life to total service and the cause of the minority tribes are legendary. Today, anyone who doubts the ability of Papa Clark in leading and influencing a fair and egalitarian Nigeria should look back at our challenges and renewed confidence in the eyes of that young boy from otukpo in Benue State or girl from Jeddo in Delta State. I will end with the words of scripture – “I will satisfy him with a long life and show him my salvation,” (Psalm 91:16).

By Felix Ayanruoh

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Category: Guest Columnists

The Transformation of Major General Muhammad Buhari

Those of us who were too young to have appreciated the military regime of the then military Head of State, Major General Muhammadu Buhari were taught to believe that General Muhammadu Buhari was then a nationalistic and a patriotic Nigerian but was hated by his military colleagues and the politicians as it were then because he was ‘patriotic’.

That General Ibrahim Babangida and his buddy in arm General Sane Abaca had to overthrow Major General Muhammadu Buhari because he was a patriotic soldier.

But later events and actions in the life of Major General Muhammadu Buhari has proven the above theory to the contrary. The near exclusive employment of Hausa Fulani Muslims into the PTF by General Buhari as the PTF Chairman and the complete neglect of the Southern part of Nigeria roads it seemed showed a different version of General Buhari.

Again fast forward to the year of our Lord January 2002 AD, venue was Sokoto in Sokoto State. Scene and occasion was the “almajiri quranic recitation competition”.

Our ‘patriotic’ Major General Muhammadu Buhari was the Special Guest of Honour. He never contemplated then that he will ever join the murky waters of Nigeria politics because he hated politicians with a passion. Neither was he aware of the Book of Proverbs in the Bible. Proverbs 13:3 to be precise which says that: “Opening your mouth can ruin everything.”  So it was reported in all the print and electron media that General Buhari was quoted to have advised Hausa and Fulani Muslims to vote for Muslims candidates in elections.

Unfortunately for Major General Muhammadu Buhari, October of the same year 2002, he was dragged into the murky waters of Nigerian politics.

Since then till date he has contested for the office of the president three times and has been defeated three times by General Obasanjo, Umaru Yar’adua and Dr Goodluck Jonathan.

The allegations his opponents have always used to campaign again him to the electorate in the Middle Belt and the South has been that he is an Islamic fundamentalist.

The above allegation was perfectly conformed by the 2011 presidential election as General Buhari was only able to win in the eleven sharia states in far Northern Nigeria and Niger State only in the Middle Belt.

Dr Goodluck Jonathan won in all the Southern States and the Middle Belt States except Osun State in the South which went to the Action Congress of Nigeria (ACN).

In fact for the first time in the history of presidential elections in Nigeria, the winner beat the runner up with twice the margin of votes scored and over.

But why is General Buhari always getting it wrong?

As it was in 2002, General Buhari was quoted in 2010 yet on the eve of the 2011 elections to have told the almajiri boys in Hausa language to lynch people and make the country ungovernable should he should lose the 2011 election.

Behold Major General Muhammadu Buhari lost the election and behold ever since Northern Nigeria has not known peace.

 Boko Haram has been on the loose killing and maiming Christians and the Nigerian symbol of the state particularly the security agencies and the national institutions.

While smart politicians like Atiku Abubukar have come out to condemn the Boko Haram out rightly, General Buhari it seems has always given tact approval to the Boko Haram menace.

General Buhari has never for once come out to condemn the wicked Boko Haram for killing innocent Christians in their Churches.

 He has always been silent even when Boko Haram has committed mass murder against Christians like the Catholic Church bombing in Madalla in Niger State where 40 worshippers mostly children were murdered. The Jaji Military cantonment Church attack, where 67 worshippers were killed.  The BUK attack in Kano, where 16 Christians were killed including three (3) Professors.

But strangely confirming the suspicion in some quarters that General Buhari might be one of the sponsors of Boko haram, he was copiously quoted in the Daily Trust of Wednesday   May 22nd 2013 as sternly warning the Federal government not to kill Boko Haram members.

His accusers and pundits easily make reference to the fact Boko Haram nominated General Buhari as one of those who will negotiate on their behalf with the government.  They tie it down to the fact that it was as a result of General Buhari’s instigation in 2011 that Boko Haram went violent and virulent.

General Buhari was equally quoted to have totally condemned the imposition of state of emergency in Adamawa, Yobe and Borno States.

General Buhari should rather have Boko Haram on the loose to continue to kill Christians, the military and the police.

 Strangely and surprisingly too, it was the same Buhari that was supporting the imposition of state of emergency in Plateau State! So what has changed so sudden one may ask?

Coming to the issue of General Buhari and his support for Boko Haram, that is totally un-statesman like especially as a former Head of State and a retired military officer.

With 2015 around the corner, I expect General Buhari to conduct himself with decorum and dissociate himself publically from Boko Haram and their atrocities against Christians and the security services. But nay rather Muhammadu Buhari is condemning and attacking the military for defending themselves from Boko Haram attacks.

As a former Head of State, General Buhari should act like a statesman in the likes of Abdulsalami, Gowon and others. Condemn the violent attack by Boko Haram against Christians and the Nigerian State. Direct Boko Haram Insurgents to lay down their arms and embrace peace.

As it stands now, Major General Muhammadu Buhari has missed the votes of Christians, the security services and moderate and liberate Muslims in the 2015 elections.

To compound his case, Boko Haram has destabilized Borno, Yobe and Adamawa States and probably Kano State. Chances of elections holding in these states in 2015 will be very slim. That is like subtracting three states from the eleven states Buhari won in the North in the 2011. That will leave General Buhari with eight states in 2015.

Predictably it will be a moon slide for Dr Goodluck Jonathan with 23 states plus the FCT in the 2015 presidential election as against General Buhari’s eight states. That is if CPC or APCN will still make the mistake of presenting Major General Buhari as their presidential candidate.  Even if he nominates Pastor EA Adeboye or Pastor WF Kumuyi as his running mates, he will be defeated woefully worst than in 2011.

As for APC or APCN, if they want to make in-road in 2015 election, they should present Raji Fashola as their presidential candidate or Adams Oshiohmole as the case may be.

As for Major General Muhammadu Buhari, I think he is a spent force and need to retire.  With his tact support for the Boko Haram insurgency, he has ruined his political career. More so that he has powerful enemies in high places.

As it is now, the once acclaimed patriotic Major General Buhari has now been reduced to a local Hausa Fulani Muslim champion defended by almajiri Islamic fundamentalists.

Ndiameeh Babangida Babreek

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Category: Guest Columnists

Achebe – The Icon and Greatest Anti-Corruption Crusader

Many well-meaning Nigerians and international figures have said so much in tribute to this literary giant since his death on March 21, 2013.  The world is celebrating Chinua Achebe!  What else can my humble self say about him?

Chinua Achebe has been my greatest hero, and I believe that I gave him the greatest tribute that I can even while he was alive – in 2008, I named my son Chinualumogu!  I chose that name for my son chiefly because of my admiration for this idol, icon, and greatest and most objective anti-corruption crusader of all times – Chinualumogu Albert Achebe.

I do not only dislike corruption, especially the type that has become endemic, and the only thriving industry in Nigeria, I hate it with all the energy and vehemence in me.  It will not surprise anybody, therefore, why my tribute to Achebe will touch more on his protest against the evil monster called corruption in Nigeria.

I have said in many fora that if corruption is not fought and dealt with in Nigeria, then the monster will swallow Nigeria and all Nigerians, ultimately.    And to me, Chinua Achebe was the most prominent personality who spoke truth to power as far as corruption in high places is concerned in Nigeria.  He used his unrivalled writing skills and objective mind to, in his own words, ‘protest against corruption.’  Chinua Achebe rejected the Nigerian government national honours awards twice, as part of his protest against corruption!

Things Fall Apart – Chinua Achebe’s first novel (and master piece of all times) – has been acclaimed by all as his greatest work.  It is difficult for me to say which of his many works is the greatest.  But putting things in contemporary perspective, Chinua Achebe’s greatest work, to me, is in two of his books – The Trouble with Nigeria and There Was a Country.

The two books contain Achebe’s biggest protest against corruption, especially among our so-called leaders.  I am particularly happy that he published There Was a Country before returning to the Creator who endowed him with so much talent and courage, to act well his part on earth.

In The Trouble with Nigeria Chinua Achebe wrote on corruption:

“…corruption in Nigeria has passed the alarming and entered the fatal stage; and Nigeria will die if we keep pretending that she is only slightly indisposed.”

“… Nigerians are corrupt because the system under which they live today makes corruption easy and profitable; they will cease to be corrupt when corruption is made difficult and inconvenient.”

“… corruption goes with power; …therefore to hold any useful discussion of corruption, we must first locate it where it properly belongs – in the ranks of the powerful.”

“…we are all living witnesses to the failure of helpless integrity to solve the problem of rampant corruption which threatens now to paralyse this country in every sinew and every limb.”

“…but to initiate change, the President of this country must take and be seen to take, a decisive first step of ridding his administration of all persons on whom the slightest wind of corruption and scandal has blown.  When he can summon up the courage to do that, he will find himself grown overnight to such stature and authority that he will become Nigeria’s leader, not just its president.  Only then can he take on and conquer corruption in the nation.Chinua Achebe

Above are excerpts on the chapter on corruption, from Chinua Achebe’s The Trouble with Nigeria.  It was first published in 1983!

I admire and have great respect for men who see tomorrow, and speak out objectively and courageously.   Chinua Achebe belonged to this rare group, like the late Emeka Odumegwu Ojukwu (Ikemba), and the late Gani Fawheimi (SAN).

Achebe’s protest against corruption preceded the publication of The Trouble with Nigeria, and continued thereafter, even till death.  Unfortunately, Nigeria is a country where things do not improve.  In Nigeria, progressive deterioration is the name of the game.  No thanks to corruption and poor leadership – the evils Achebe protested against till he died.  Hence, when other countries are daily recording improvement and advancement in every facet of life, Nigerians relish in talking about the good old days!  The good old days when the railway was functioning, the good old days when portable drinking water ran from the taps, the good old days when electricity was stable, the good old days when our education system was the pride of all, name it.

Yet, those countries where leadership and governance are about constantly ensuring that the citizenry have quality life at all times are the ones Nigeria says it wants to overtake come 2020.  In the present state of things in the country, one can only say good luck to us!

There Was a Country – Chinua Achebe’s novel published twenty-nine years after The Trouble with Nigeria – has a chapter on corruption. Corruption again, you would ask.  Yes, corruption again, because twenty-nine years on, our so-called leaders could not pause for a second and pay attention to Achebe’s protest against, and prophecy on, the evil and its destructive consequences.

In fact, decades after Achebe lambasted a sitting Nigerian president for saying that corruption had not yet reached alarming proportions; another sitting Nigerian president appears to be celebrating corruption by concluding that corruption in Nigeria is exaggerated.  What an irony!  Yet, even the most uninformed knows that the only thing that has been standing between Nigeria and greatness is corruption in high places.

Excerpts on corruption from Achebe’s There Was a Country:

“Corruption in Nigeria has grown because it is highly encouraged.”

“… I can state categorically that the problem of corruption and indiscipline is probably worse today than it’s ever been, because of the massive way in which the Nigerian leadership is using the nation’s wealth to corrupt, really to destroy, the country, so no improvement or change can happen.”

“The World Bank recently released numbers indicating that about $400 billion has been pilfered from Nigeria’s treasury since independence.  …this amount – $400 billion – is approximately the gross domestic products of Norway and Sweden.  In other words, Nigeria’s corrupt ruling class stole the equivalent of the entire economy of a European country in four decades!  This theft of national funds is one of the factors essentially making it impossible for Nigeria to succeed. …”

With all this revelations and condemnation of corruption in high places, have our so-called leaders cared?  No, they refuse to care.  On the contrary, they will find ways to justify corruption and corrupt practices.  You will hear statements like – corruption in Nigeria is exaggerated or Nigeria is not the only corrupt country in the world – from those who are supposed to take the issue seriously and ensure that corruption is fought and dealt with.   I’m alarmed.  I weep. I’m frustrated!

I take solace in the fact that my hero, Chinua Achebe, spoke out.  He spoke truth to power.  He protested!  I thank God for Chinua Achebe’s life.  I will continue to thank God for all Achebe’s works, particularly for the publication of There Was a Country, before he was called by Him.

I think that the greatest tribute Nigeria as a country can pay to Chinua Achebe is to pass a resolution that anybody aspiring to any position in the public service – be it elective, be it appointive, be it selective – should first read the chapters on corruption from all Achebe’s works, and pass oral and written examinations on those chapters.  This way, we may begin to appreciate the critical importance of purposeful and corruption-free leadership that will put Nigeria on the path of recovery, to greatness; and make the citizenry genuinely happy.  Do not ask me who will set the examinations, but the saying that conscience is an open wound, only truth can heal it, is apt here.

Chinualumogu Albert Achebe, you saw tomorrow, you have not died, you have only moved on!

Okechukwu Ogboo, wrote from Calgary, Canada.

Category: Guest Columnists

Jonathan and the emergency rule

On Tuesday, May 14, 2013, President Goodluck Jonathan eventually mustered courage to declare a state of emergency in Borno, Yobe and Adamawa states, in an attempt to wield the big stick over the protracted security challenges in some parts of the north, triggered off by the activities of the deadly Boko Haram sect.

In a nationwide broadcast to announce the emergency rule in line with the power conferred on him by section 305 of the 1999 constitution as amended, the President noted that “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 destabilize the Nigerian state and test our collective resolve… 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.”

The number-one citizen, consequently, directed the Chief of Defence Staff to forthwith deploy additional troops to the affected states for more effective internal security operations, saying that “the troops and other security agencies involved in these operations 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.”

While many Nigerians see the action of the President as a welcome development, there are some who have condemned the move in very strong terms, arguing that it won’t in any way resolve the problem as, according to them, it was not the right step to have been taken by the Federal Government (FG). 

The Action Congress of Nigeria (ACN), in its usual characteristic manner was among the first to bang Jonathan with a sledge hammer for his pronouncement on the emergency rule. The party’s national leader, Asiwaju Bola Ahmed Tinubu, insisted that the emergency rule imposed by the President was a deliberate gambit to subvert constitutional democracy.

Noting that the declaration of state of emergency was meant to fail right from the onset, the erstwhile Lagos State Governor said: “The body language of the Jonathan-led administration leads any keen watcher of events with unmistakable conclusion of the existence of a surreptitious but barely disguised intention to muzzle the elected governments of these states for what is clearly a display of unpardonable mediocrity and diabolic partisanship geared towards 2015.” Tinubu’s position came just as the ACN spokesman, Lai Mohammed, in a statement on behalf of the party equally decried FG’s action, describing it as lacking in original thinking, while calling on the National Assembly to reject it.

However, Ondo State Governor, Dr. Olusegun Mimiko feels it was unfair for people to unnecessarily crucify Jonathan for a courageous and laudable step he has taken in his bid to end the security challenges in the country. Imploring Nigerians to rally round Jonathan in this current effort towards checkmating the Boko Haram menace, the governor urged that those who have chosen to embark on the unwarranted politicization of the present national security challenges should not be listened to.

His words: “I am of the view that the efforts to bring an end to the security challenges in some states through the recently declared state of emergency should be lauded by all. For me, this is the time to rally round the president and jettison all forms of divisive and non-productive politicking. It is also the time to tell those who are disposed to feasting on the national security challenges that they are alone.”

Interestingly, ACN presidential candidate in the 2011 general election, Mallam Nuhu Ribadu sharply disagreed with the standpoint of his party on the emergency rule. Ribadu, a former Chairman of Economic and Financial Crimes Commission (EFCC) hailed the action of the federal government, agreeing with Mimiko that it was a step in the right direction.

Cautioning that the military must respect the rights of individuals and communities and not allow their actions cause more problems to the nation, the ex-EFCC helmsman said: “Personally, I believe that any initiative in that direction is a good one. Federal government does have responsibility and they must work towards getting peace for the country. It is their responsibility. For now, all Nigerians must support our military. This is what happened in all nations when you are confronted with difficulties. People must come together and unite.”

I believe very strongly there is truly the need for all of us to come together to support the Federal Government in every commendable, brave and valiant step it takes to surmount the precarious security situation we find ourselves at the moment with the noxious activities of terrorists. The government had offered to grant amnesty to the insurgents (Boko Haram members). But the group clearly rejected the offer and the destruction of lives and property continued unabated. Do we expect the government to fold its arms and allow them to continue to have a field day?

I do not see how in the opinion of the Northern Elders Forum (NEF), the emergency rule in just three states amount to a declaration of war against the north which has 19 states in all. I wonder what would have been said if the President had dismantled the entire governmental structures in the states affected, leaving them in the hands of sole administrators, as postulated by some prominent Nigerians.

Former Senate President, Senator Adolphus Wabara, and National Vice Chairman of Peoples Democratic Party (PDP) in charge of North Central, Yusuf Ayitogo, in separate interview noted while applauding the action of Jonathan that he should have gone further to disassemble the executive councils and legislative organs in the states concerned. In the thinking of the duo, the President appeared to be too lenient in allowing the Governors and other political office holders to remain and continue to discharge their constitutional responsibilities.

Wabara for instance said: “I am solidly behind the President in his decision to declare state of emergency in Borno, Yobe and Adamawa states. I salute his courage. It is indeed a welcome development that must be embraced by all and sundry. However, it should have been a total declaration. I was in office as Senate President when state of emergency was declared in Plateau State. It was a full imposition of the emergency rule, where a sole administrator was appointed to run the affairs of the state at that time. This will make it much more effective. As it is now, we cannot say exactly who is in charge in the states affected. Is it the governors or the military commandants?”

Michael Jegede, a media expert and public affairs commentators wrote in from Abuja                                                                     07065574368

Category: Guest Columnists

Govt. declaration of a state of emergency in 3 states -The right thing to do

It has being a long time coming, but it finally did; few days ago, the Jonathan Administration eventually declared a State of Emergency in the States of Adamawa, Borno and Yobe. Whether that will ultimately contain the insurgencies and take care of the security issues is yet to be seen as the success of the strategy will largely depend on the resolve of the Administration to see this whole thing through. But we believe it is the right thing to do, for no sane sovereign government will allow terrorists to take control of any part of its shores, reigning freely, and creating parallel governance; it’s not done, and it certainly cannot be tolerated. And for those who think the Administration is finally showing its strength that it can bite and not just bark, they should realise that what makes strong leaders is not high-handedness or dictatorial tendencies, but the capacity to strengthen Institutions, muster the political will and be resolute, sometimes putting your feet down if need be, to do the right thing. We must all come to understand in this country and around the African Continent that what we need to be great, and be on a sure path to success is strong Institutions and not strongmen. We hope the Administration will also come to see this.

Now, there have been grievous outcries by the naysayers; one school of thought believes that the Administration ought to have removed the governors and other elected officials, and because it didn’t do so, the State of Emergency is programmed to fail; another believes that the State of Emergency is analogous to a declaration of war on that part of the country. Those shouting such epithets apparently overlook the fact that they could have done worse under similar circumstances. The third school of thought believes that this action of the Administration is a prelude to grounding the Opposition and taking them over. However, we think this is further from the truth because if the Administration had not acted, the terrorists and their sponsors would in the end crippled the States where they chiefly operate and perniciously penetrate into other parts of the country; that cannot be allowed to happen. In short, the Administration took too long to act; it ought to have taken this step long ago. And for the critics who would scowl at us for daring to support this action, and those who will readily want to tear down everything simply to score political points, let them remember that there is perhaps no other group that has disagreed with this Administration on almost every issue than us; but on this issue, we believe this government had done the right thing and acted within the ambit of the law. What is more; it applied subtle diplomacy by insisting that the governors and other elected officials would not be prevented from fulfilling their constitutional responsibilities; that is commendable. So, we not only owe a duty to sound the alarm and speak truth to power when things go wrong, but we are also called upon by duty to take a stand with that same power when things are done right. More importantly, we should know that it is not mandatory that we all agree on every issue, but it is obligatory and perhaps required, that we co-exist peacefully.

Moving forward, we want to urge the Jonathan Administration to disband the so-called Amnesty Committee and discount the Amnesty Initiative. As we have said so often, a terrorist group which has been responsible for the deaths of thousands of innocent Nigerians and foreigners cannot, and should not be dialogued with, much less granting amnesty to. As a rule, terrorists are to be dealt with, and not pampered, so those who have been trying to equate them with the Niger Delta Militants, who agitated for equitable distribution of crude oil resources, even though they hadn’t gotten that, missed the vital point. Besides, genuine and lasting peace cannot be purchased at the price of liberty. We strongly believe that the activities of the Boko Haram terrorist network are politically motivated, and a political problem requires a political solution. As a result, we don’t subscribe to the idea that the government should enter into dialogue with them or grant them amnesty; neither do we agree that the government should treat the terrorist group as it did the Niger Delta issue, for no reasonable person can equate the genuine and legitimate aspirations of the Niger Delta Militants with the terrorists activities. By mooting the idea of Amnesty, the undercurrent message the government is relaying is that every group with real or perceived grievances could take up arms against the State because that is the only way to get the government attention. This terrorist network is hiding under the umbrella of Islam to perpetrate evil; Islam is not, and never will be a violent religion.

Nigeria is bigger and greater than any individual, sect or group, so government must not allow itself to be arm twisted by a frivolous blood shedding group without any moral justification for its despicable acts. The government should in the final analysis retrace its steps and desist from engaging in any policy that will give a soft landing to the terrorist network. The Administration should rather take decisive steps to prevent violence and promote peace and nonviolence. In speaking of peace, we are not speaking of the peace enforced by coercion or the weapons of war. We are not talking of the peace of the grave or the security of the slave nor are we referring to that dreamt up by fantasies. We are talking about genuine, practical and attainable peace that makes life worth living. There will still be quarrels and conflicting interests; for this kind of peace does not require that we love one another, but like communal peace, it requires that we live together as neighbors with mutual tolerance, submitting our disputes to a just and peaceful settlement. Government must swing immediately into positive action to remove those conditions of poverty, insecurity, injustice and sectarian violence arising from Islamic fundamentalism, and extremism, religious bigotry, racism and tribalism which are the fertile soil on which terrorism and extreme hatred for fellow human beings thrives. And we call on Nigerians, in particular the political class to temper their political interests with reason and decency, for given the interdependence of our world today, any national order, world order or world law that seeks to elevate a particular group of people over others or advance one nation, race or tribe over others is doomed to fail; repressing one another in pursuit of sectional or self-interest is self-defeating. These are facts and not opinions to be debated.

Eneruvie Enakoko

Category: Guest Columnists

The Implication of State of Emergency

The anticipated 'State of Emergency' has now been declared by President Goodluck Jonathan during his nationwide broadcast. The declaration which came less than 24 hours after the Nigeria Governors Forum, led by Governor Rotimi Amaechi of River State cautioned the government from doing so. The states affected are Adamawa, Borno, and Yobe all in the Northeastern part of the country.

 The current declaration would make it the second time in less than two years that a state of emergency is being announced by the administration. In January this year , a state of emergency was announced on five local government areas of Borno State, two in Yobe State and one each in Plateau and Niger States. Till date, they have not been lifted, making this one just announced an extension of the former one, in which political office-holders were not removed as well, and there was a surge in military presence and activities.

The State of Emergency being declared by President came with human face as no political officer or structure in the state is suspended or removed. The Economic Confidential gathered that the major implication of the presidential order is the expected increase in the deployment of more military personnel and armaments to the already militarilsed zones due to the incessant attacks from Boko Haram fanatics.

A state of emergency is a governmental declaration which usually suspends some functions of the arms of government, mostly executive and legislative powers. The residents are therefore warned to change their behaviors as security agencies are giving more powers to implement emergency preparedness plans. A State of Emergency comes during a time of natural or man-induced disaster.In some countries, the declarations affect human rights and freedoms of movement and associations until they are suspended or lifted.

Section 305(1) of the Nigeria's 1999 Constitution with Amendments in 2011 provides justifications for and the processes of declaring a state of emergency in any part of the country. It states that: “Subject to the provisions of this Constitution, the President may by instrument, published in the Official Gazette of the Government of the Federation, issue a Proclamation of a state of emergency in the Federation or any part thereof.

THE 1999 Constitution (with Amendments in 2011) lays out the reason(s) for and the processes of declaring a state of emergency in the entire country or part thereof.

 This is contained in Section 305 under the Miscellaneous Provisions.

 Section 305(1) states that:

 “Subject to the provisions of this Constitution, the President may by instrument, published in the Official Gazette of the Government of the Federation, issue a Proclamation of a state of emergency in the Federation or any part thereof.

 "(2) The President shall immediately alter the publication transmit copies of the Official Gazette of the Government of the Federation containing the proclamation, including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.

 "(3) The President shall have power to issue a Proclamation of a state of emergency only when – (a) the Federation is at war;(b) the Federation is in imminent danger of invasion or involvement in a state of war;(c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security;(d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger; (e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or (g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.

 "(4) The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the House of Assembly, request the President to issue a Proclamation of a state of emergency in the State when there is in existence within the State any of the situations specified in subsection (3)(c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the State.

 "(5) The President shall not issue a Proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such Proclamation.

 "(6) A Proclamation issued by the President under this section shall cease to have effect: (a) if it is revoked by the President by instrument published in the Official Gazette of the Government of the Federation;(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation; (c) after a period of six months has elapsed since it has been in force;provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period of the proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or (d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the Proclamation by a simple majority of all the members of each House.

 The Economic Confidential further gathered that the new measures in the three affected states are aimed at taming the rising ogre of religious extremism and outlaw behaviour by members of the Islamist Boko Haram sect and other criminal gangs operate mostly in the North. The governors and their legislators are to provide necessary for the military operations. These may include logistics, and other support services.

The country had witnessed similar States of Emergency. During the First Republic, a State of Emergency was declared following mass political revolts and violence. former President Olusegun Obasanjo also declared emergency rule in Ekiti and Plateau states were their democratically elected governors were removed. The security forces are authorized to exercise certain powers including the power to exercise any and all authority over persons and property necessary for meeting the state of emergency objective, including the taking and using of property for the protection of the commonwealth. Actions such as ordering evacuations, restricting access mass arrests, implementing curfews, are likely to be experienced.

Culled From Economic Confidential.