State Of Emergency, Kano And National Security

(1)   The 1960 Collective congratulates Nigerians on their staunch and resolute stance against bad economic policies and social asphyxiation. We salute their principled and disciplined nationwide campaign of civil disobedience against the removal of a non-existent fuel subsidy by the government of President Goodluck Jonathan. Such solidarity and momentum must be kept up by Nigerians until we finally get the Nigeria we want.

 
(2)   The 1960 Collective is appalled by the wanton lawlessness underlining the official actions of government in the name of meeting its constitutional obligation under Section 14 (b) of the Constitution of the Federal Republic of Nigeria (1999) as it concerns the provision of security to the Nigerian people. Again, the gruesome pages of horrors are opening thick and fast. The Friday, 20 January attacks in Kano by the Boko Haram claimed the lives of more than 200 citizens, amongst them Enenche Akogwu, the young and talented reporter for Channels Television. On Tuesday, 24 January one lady was reportedly killed when about 300 gunmen, apparently members of Boko Haram, opened fire on a police station in the same Kano City and on Thursday, 26 January 2012, the terrorists followed that up with the bombing of a luxury motor park in Sabongari area of the metropolis at a time when several Nigerians were fleeing from the incessant violence in the city. It beggars belief that after the Friday attack and the visit of the President to that city thereafter, Boko Haram still has such a hold there. Kidnapping has more or less resumed in the creeks of the Niger-Delta as it is thriving all over Edo, Abia and some other states in the South-South. Reports say a bridge was bombed at about the same time of last Friday Kano attacks in Yenagoa in the President’s home state of Bayelsa, even as no casualty is reported. In the midst of all this, Nigerians woke up on Wednesday, 18 January 2012 to the news that Kabiru Sokoto, the alleged mastermind of the Abuja Christmas Day bombing, has escaped from police custody within 24 hours of his arrest in circumstances that indicate members of the Boko Haram sect have infiltrated the security services. And the international community are savouring the tragicomedy as the Wednesday, 25 January 2012 edition of the London Financial Times had emblazoned on the top of its front page “Badluck Jonathan”, with the image of protesters hoisting an unflattering picture of the President. Page 11 of the paper had more unflattering analysis of the Nigerian crisis, full page. On the same day, an exasperated United Nation Secretary-General Ban Ki-moon simply called on the Nigerian government to “mobilise full possible forces to address these Boko Haram terrorist attacks.” Yet, as we sleepwalk into darkness, the official body language says the Nigerian life is worth nothing as state officials invest more in their own personal security, hemming themselves behind intimidating palisades and shuttling around in bulletproof cars.
 
(3)   The 1960 Collective indicts every level of national leadership for this criminal failure. The Presidency, the National Assembly and the Judiciary must all take the blame for this huge embarrassment we face, even as we recognise that the bigger blame goes to the Presidency as it is the institution more constitutionally and functionally empowered to act in this matter. The failure of the Presidency is the failure of governments at all levels, because it indicates the failure of consultation and coordination, the failure of vision and the total lack of patriotic instincts on the part of those we have given the mandate to run our national affairs.
 
(4)   We note that the President’s Proclamation of a state of emergency in 15 Local Governments in 4 States of the Federation on 31 December, 2011 has not been sent to the National Assembly as constitutionally required, neither has the latter given it the necessary approval via the vote of a two-thirds majority. Indeed, because the National Assembly never sat within ten days of the Proclamation to approve this declaration, the Proclamation fails and will cease to have effect in accordance with the provisions of Section 305(6)(b) of the Constitution of the Federal Republic of Nigeria (1999). What we therefore have now by way of the operation of a state of emergency in these areas is an illegality that must not continue because of its blatant breach of the Constitution. If the President wants to continue with this declaration and make it lawful, he has to now properly follow the provisions of Section 305 of the Constitution of the Federal Republic of Nigeria (1999). In matters of the rule of law in a democracy, there can be no shortcuts. But The 1960 Collective believes that there is no point declaring a state of emergency in only certain parts of the Federation when the security challenge is now nationwide. We would rather now propose more holistic solutions that build confidence in the populace and carry everybody along.
 
(5)   The 1960 Collective knows that at the basic level, what we have is the failure of the institutions of law and order. For years, these institutions have been thoroughly stripped of credibility by thieving controllers and their agents with their bosses in Aso Rock nodding approvingly. National security has since been reduced to protection of the President and his friends while funds meant for institutional development, procurement of equipment, training of vital operatives and modernization of the police have been siphoned. Tafa Balogun wasn’t the only thieving police boss, but he was dropped off the wagon, because his bosses didn’t need him anymore. Corruption, that old curse, is at the root of this failure of security.
 
(6)   We also know that the problem of insecurity persists because the national question has remained unaddressed for too long. The growth of ethnic militias and militant irredentism in the form of the Odua People’s Congress, Movement for the Emancipation of the Niger Delta, Movement for the Actualisation of the Sovereign State of Biafra, Boko Haram and so on sprouted on the fertile grounds of structural defects, marginalization and perceived institutionalised injustice. Rather than have a genuine attempt at a Sovereign National Conference, the Nigerian establishment post-Second Republic has been playing games. Now, the horned chickens have come home to roost and Boko Haram is just one of them.
 
(7)   However, while The 1960 Collective believes that long-term solutions to the problem of security cannot be found outside the resolution of the national question, we are also realistic enough to understand that we are not close to it at this point. Even if we are likely to sit down ultimately, some semblance of order needs to be restored for now. We accept the reality that past governments have failed to invest in security over the years, just as the Jonathan government is equally failing to do, which explains why we are failing in maintaining routine law and order. But there are also other self-imposed impediments. For instance, bureaucracy, duplication, lack of coordination and poor recruitment are all self-imposed problems and when the President in a national address informs the world that the security forces have no anti-terrorism unit, this is also self-defeating. What that does is energise the terrorists, because they know your limitations and these aren’t what you can correct overnight as you need time to build this unit, choose officers for training and deployment before you begin to get result. By that time, the terrorists would have stolen a march on the nation. Indeed, our Immigration and Customs services are as handicapped as the other security agencies precisely because of the same problems we’ve enumerated above and added to the lack of effective coordination and effective information and intelligence gathering system, the nation is not only at the mercy of such groups as Boko Haram indefinitely, it is also a sitting duck against external threats. Something has to be done.
 
(8)   In the first instance, we propose for the President to declare a national emergency on the state of national security. He does not have to officially declare a national state of emergency, because he constitutionally has no such powers, but let him make Nigerians feel that he understands the gravity of the problem. Let him address Nigerians, identify what the problems are, analyse the solutions or combinations of possible solutions and tell Nigerians what he is going to do about the situation and what they as Nigerians should do to help. The President must engage in the battle of winning hearts and minds over this, because he needs the people to return peace and security to the nation.
 
(9)   We propose that as part of this new drive for solutions, the President calls a mini national conference on security as the first step to handle the problem holistically. This conference should have delegates from amongst the top and middle level personnel working in the security forces and services all over the country, people in command positions in these places nationwide. It must also include members of the civil society groups, top judges and members of the National Judicial Council and representatives of the private and public sectors, the National Assembly and Federal Executive. This conference must, amongst other things, consider the structure of the police and decide the kind of police force Nigerians need to protect them. It is obvious that the police force is too centralized and unwieldy and this is a huge factor in its slow operation and immobility. Should we have state police? If so, how do we fund it sustainably and how can we insulate it from politics and imbue it with the requisite independence to perform its task? A police force that is created by the people and whose members live amongst them instead of in secluded barracks, a police force they pay for and maintain and that they can control in the form of civilian oversight bodies will do the work they are paid to do. Once this conference concludes its work, Government’s task thereafter would be to immediately begin to implement its recommendations with a view to addressing the present, medium and long-term problems of national security.
 
(10)Finally, in order to engender better cooperation from members of the public and communities in the present battle against Boko Haram, we suggest that the government do three things immediately. The first is to reconstitute the operational leadership of the Joint Task Force. This is because it is obvious that the present JTF leadership has lost the confidence of the people and government needs the people on its side going forward. Secondly, government should invest heavily in public awareness and information dissemination, including provision of secured forums where civil leaders and security operatives can share information and build trust. There should also be provision of discreet and anonymous channels for members of the public to pass information to the security forces and it is important that these channels engage all available media avenues. One of such channels could be the provision of toll-free phones where members of the public can leave information for the security and investigative authorities confidentially. The third thing is to make more proactive use of traditional institutions, traditional rulers and community elders throughout the areas the group operates. They should not only report suspicious activities in their areas, they should also be encouraged to guarantee the safety and non-prosecution of fringe members of the sect who not only denounce the sect and its violent ways, but who, more importantly, cooperate with the security services by way of giving useful information about the organization’s activities, their leaders and their own role in it up to that point. The higher classed traditional rulers should be given the discretion to do this at first instance. This would give them better leverage in ensuring security of communities. However, to ensure that such a programme isn’t abused, independent overseers and assessors made up of credible members of civil society should be appointed by the President in consultation with the governments of the states in the region. This body should be the one to consider and make final approval of any recommendation by the traditional rulers. This is not amnesty, but a confidence-building measure to make the enforcement of law and order easier by getting the people at all levels involved.
 
(11)In conclusion, we urge the President to immediately begin working on a comprehensive plan to return peace and security to the nation. He must see the recent nationwide protest against the removal of the non-existent subsidy as a signpost of worse things, because even though the reason for this is officially because of the removal of the non-existent subsidy, the depth of feelings expressed reveals that it is actually a reaction to wider political, economic and social discontent. The President must therefore do all within his power, personally and officially, to begin to inspire Nigerians. He can only do this by action and no better place to start than by tackling the security issue head-on, so as to return peace and stability to Nigeria and make the environment conducive for investment and progress.
 
 
Signed:
 
Mimie Oshodin
Olabode Oladeinde
Victoria Owodunni
 
(For and on behalf of The 1960 Collective)