Boko Haram: State Of Emergency To The Rescue?

Last Saturday, Nigerians woke up to the news that President Jonathan had declared state of emergency in some local governments of Plateau, Yobe, Niger and Borno States. Is this the best of the lot of options on the table? STANLEY NKWOCHA traces the history of emergency rules and writes on the President’s latest strategy.

In a renewed vow to crush the Boko Haram sect which has become the latest of the nation’s major challenge as regards lapse in security, President Goodluck Jonathan , last Saturday, raised the stakes in the prolonged battle to crush the dreaded sect. Jonathan declared a state of emergency in 15 troubled local government areas of Borno, Yobe, Plateau and Niger states.

Said to be the most extensive since the Nigerian civil war, the order will, however, not affect the functional roles of the governors of the four states, as well as the governments under them. The, five LGAs in Borno State are? Maidugiri Metropolitan,? Gamboru Ngala, Banki Bama, Biu and Jere while the the five affected LGAs in Yobe State are Damaturu, Gaidam,? Potiskum, Buniyadi-Gujba and Gasua-Bade. Plateau State rolls in with Barkin Ladi, Riyom, Jos North and Jos South LGAs. Only Suleja in Niger State is affected.

Citing the provisions of Section 305 of the 1999 Constitution, as amended, the President said special force unit within the armed forces will take charge, saying the chief of defence staff, in collaboration with other service chiefs, has also been directed to set up a special force unit within the Armed Forces, with dedicated counter-terrorism responsibilities.

Said Jonathan:? “ Fellow Nigerians, it has become necessary to address you on recent events in some parts of the country that have threatened our collective security and shaken the foundations of our corporate existence as a nation.

“You are all aware of the security challenges which the activities of the Boko Haram sect have foisted on the country. What began as sectarian crises in the North-Eastern parts of the country has gradually evolved into terrorist activities in different parts of the country with attendant negative consequences on our national security.

“Government, in an effort to find a lasting solution to the security threats occasioned by the activities of the Boko Haram sect, constituted a presidential committee under the chairmanship of Ambassador Usman Gaji Galtimari, to ascertain the immediate and remote causes of the crises.
“While efforts are being made to implement the recommendations of the committee, the crises have assumed a terrorist dimension with vital institutions of government including the United Nations Building and places of worship becoming targets of terrorist attacks.”

“The temporary closure of our borders in the affected areas is only an interim measure designed to address the current security challenges and will be reviewed as soon as normalcy is restored”.
“Terrorism is a war against all of us. I call on all Nigerians to join hands with government to fight these terrorists. I wish all Nigerians a very happy New Year,” Jonathan stressed.

National Security Adviser (NSA), General Andrew Azazi (rtd), noted that the declaration of state of emergency by the president does not mean democratic institutions will be non-existent in the affected states and local government areas. He said what the proclamation means is that security forces will have more powers in the local government areas than the democratic government.

Prof Itse Sagay (SAN),Mallam Yusuf Ali (SAN), who reacted to the President’s statement commended the action as it was the best of options as it did not affect the functions of the states Houses of Assembly.

Sagay said: “The president has done the right thing. This action will give him the necessary power, through the National Assembly’s legislation, to declare curfew, restriction of movement and curtailment of normal human rights in those areas.

“There is the need for declaration of emergency. But I wish to inform the president that there is the need for him to direct the security agencies to engage more in intelligence gathering and proactive measures. Jonathan also needs to upgrade the technical manpower of the security agencies to tackle terrorism. The combination of these measures will definitely curb the activities of the Boko Haram sect.? This declaration does not affect the functions of the governors and the state Assemblies. The illegality applied by former President Olusegun Obasanjo in Plateau State where ex-Governor Joshua Dariye was removed is not applicable here,” Sagay stated
On his part Ali said,? “The president is in order. The normal laws applicable in those areas stand suspended while emergency put in place will lead to imposition of curfew, searches and other extra-ordinary measures to bring peace to the areas. It is also instructive that errant individuals who commit offence will be dealt with according to the state laws. These measures will surely reduce the menace of the sect.”

But there are those who chose to decry the half measure being introduced by the President. For instance, Willy Ezugwu, secretary general of the Conference of Nigeria Political Parties, CNPP, described the action of the President as a panicky measure that is lacking in all directions, especially as it affects competence.
“The government does not know that what it is doing is compounding issues. If the security agencies have collapsed in country, the President should be courageous to say so. What is the place of curfews in a state of emergency?

“The main problem with the Jonathan administration is that all its appointments are based on sentiments and not competence and the effect is the death of security and intelligence as we have seen. Perhaps it is time Nigerians found a solution round this challenge themselves,’’ the CNPP scribe noted.

Lamenting on the hardship the government’s decision would bring on them, Idris Najib, a trader in Gamboru in Borno State, said the economic lives of the people in the area depend so largely on the cross border trades that go on between the neighboring country of Chad and with the order now, it was evident that the area would be at risk of economic decipation.

But how effective has States of emergencies been since inception?

1962 was when the nation witnessed its first emergency rule and that was when Dr. Moses? Majekodunmi was appointed the Sole Administrator of the defunct Western Region in a bid to bring to calm the? crisis that threatened the Action Group government in the region at the time.
Then Premier, Chief S.L.A. Akintola, was removed by the Government of Western Nigeria and Chief Dauda Adegbenro was installed as Premier at the time.
While the action has been in the offing, its usage has not been popular. Before its resurrection last Saturday by President Jonathan, Plateau and Ekiti States were the only states that have experienced emergency rule since this democratic dispensation began in 1999 under President Olusegun Obasanjo.

May 18, 2004 , saw former president Obasanjo declaring an emergency rule in Plateau State , following a sectarian crisis that claimed hundreds of lives and left many homeless. This was under then Governor Joshua Dariye.

“This decision would without doubt enhance security as well as protect the stability and corporate existence of our nation for which many have died. It is my hope and prayer that this six-month period will be used by the administrator and all peace-loving people in and outside the state to bring peace and join hands to promote democratic values and enshrine the values of transparency, accountability, social justice, love, good neighborliness and good governance,” Obasanjo had said.

Major General Chris Alli, was directed to take over the affairs of the state for a period of six months with a mandate to end the strife and restore order.

Next was Ekiti State. On Thursday, October 19, 2006, President Olusegun Obasanjo, in an address to the nation, said he was declaring a state of emergency in Ekiti State in order to “ensure that peace and orderliness return to the state.” He said the Emergency Rule will last for six months in the first instance. He also said the state House of Assembly had been suspended and retired Major General Tunji Olurin was appointed the Administrator of Ekiti State.

The question all over now is: “Will the relative calm witnessed in the aforementioned areas after the declarations be witnessed in the areas now declared by President Jonathan? Will the Boko Haram sect be checked by this change of gear? Above all, will the loss of lives and properties stop in these areas? This surely is what everyone looks forward to but only time will provide the much needed answer.