Amnesty and Emergency

At the height of the public display of folly disguised as rationality over a so-called amnesty for “Boko Haram”, I wrote in “The politics of Boko Haram” that “amnesty will be meaningless to the core religious Boko Haram and the spinoff Ansarul, for in their minds, they do the work of God and have reinforcing links to AQIM and Al Shabab”. I had thought that it was fairly obvious that, given the religious and political aspects of the motivation of the fundamentalist terrorists, and the weakness that the Nigerian state had projected in response thus far, an offer of amnesty to the religious militants was likely to be regarded as a sign of imminent victory! But to my shock, I watched as the cream of the Nigerian elite – eminent traditional rulers, state governors, leading politicians, respected newspaper columnists, reverend fathers and political bishops and sundry members of the Nigerian establishment sub-structure – celebrated this magical proposed amnesty, the great harbinger of peace and reconciliation that was going to end a terrorist onslaught that had consumed 4,200 innocent Nigerian citizens, many of whom were actually security agents employed by the state to defend public order and safety and innocent Christians just practicing their faith! This Nigerian elite was ready to trade off its own police and military officers who had been killed by Boko Haram in search of an elusive and expedient peace, these victims being dispensable in the eyes of a dysfunctional state and an equally dysfunctional elite. It did not matter that the sponsors and advocates of this silly idea had not even made any contact with the terrorists they sought to bestow forgiveness on! It didn’t matter that Boko Haram had expressed neither remorse nor repentance over the murders they had committed! It didn’t matter that the group at every turn in fact justified those killings as a divine obligation and great accomplishments! Even when the character named Imam Shekau, their purported leader, spurned the offer of amnesty and declared that it was indeed the Nigerian leadership that merited forgiveness, otherwise intelligent Nigerian commentators urged government to proceed all the same! The ways of some Nigerian elite are mysterious indeed! Fortunately for us, the folly of the amnesty rigmarole did not take too long to manifest! Economists and social scientists know that incentives play a large part in explaining human behaviour – a country that handsomely rewards those who take up arms against it and those who murder innocent citizens will have to deal with many more such behaviour by the murderers, and others who realise that the route to recognition and power in that society is through “militancy” and “terrorism”. Soon Boko Haram was killing people in 50s in Baga and Bama, and they were soon joined by the “Ombatse” of Nasarawa who killed over 40 policemen and state security officials in one fell swoop. If President Jonathan did not retreat fast from the amnesty illogic, Nigeria would have been consumed by a mass multiplication of terror and militancy – North, East, South and West in very short course! Thank God commonsense eventually prevailed. I am in complete support of the state of emergency declared by the government in Borno, Yobe and Adamawa States. Indeed, given how far the government had allowed the insurgency to fester, and the audacity that the insurgents had since developed, there was no other option than Nigeria ceding the North-East to Boko Haram…and then the North-West…and North-Central…and then southwards! I believe that the Jonathan administration allowed itself to be strung along this far, by elements who were either scared of or sympathetic to Boko Haram, as well as those who had a political objective in intimidating or discrediting the regime, into taking only half-hearted measures against the terrorists. That vacillation and/or naivety has cost us over 3,500 additional lives (we should have taken this step when the death toll crossed 500!), but maybe it is better late than never! I also believe, contrary to many commentators, that government did the right thing in leaving the democratic structures in place in the emergency states, as dictated by our constitution. I believe that the removal of elected governors in Plateau and Ekiti States under ex-President Obasanjo-imposed emergency rule was unconstitutional. Beyond constitutional adherence, I do not in fact see any operational benefit in saddling military officers faced with a serious mission against well-motivated religious fanatics and secessionists with civilian responsibilities such as managing education, health services, local government administration, chieftaincy, road construction and other non-security related functions of states and local governments. There is no doubt that concerning military and security functions, however, the state governments have lost all powers to the military and security agencies, and that is all that is required to prosecute the now-official war against terrorism and secession in Northern Nigeria! I hope that having found the will to finally confront terror, this will be a defining moment in Goodluck Jonathan’s presidency and he will find similar will power in addressing all the other ills that ail Nigeria, particularly corruption, poverty and unemployment, reform and diversification of the Nigerian economy, and good governance. In a sense, on the day he declared the state of emergency, the de facto transition from Yar’Adua to Jonathan finally ended, even though his occupancy of de jure power had long since been established!

The End of Federalism-Businessday

The House of Representatives recently released what it called outcomes of public hearings held in respect of its process of amending the 1999 Constitution. If those touted outcomes become law, they will mean de facto and de jure end of the concept and practice of federalism under Nigeria’s constitution. In virtually every instance, the Representatives voted against federalism! It is shocking, given the agitation for a return to some semblance of a federalist constitution from our current unitary-federalism that the House chose to further erode the last vestiges of federalism left in Nigeria’s constitutional order. Item 16 of the House platform endorses the amendment of section 197 (1) (b) of the 1999 Constitution to abolish state election commissions and have all elections conducted by the national electoral commission, INEC. If this provision becomes law, INEC will conduct future local government elections! This follows the effective nationalisation of the judiciary through the National Judicial Commission; transfer of virtually all important legislative matters to the exclusive legislative list controlled by the federal government; nationalisation of policing and security; and other federalist aberrations in the constitution. It is unbelievable that our Representatives believe the way to go is to further worsen the constitutional balance in favour of the federal government! If you thought the House’s inclination to increase rather than reduce federal powers, and reduce rather than increase state powers, at a time most enlightened Nigerians call for devolution of powers to subsidiary levels of government (and even unitary nations such as the United Kingdom are devolving powers to sub-national levels!), was an innocent mistake, you would be wrong given other decisions taken! Item 15 was a modest attempt to move some sinecure items (fingerprints, identification and criminal records; insurance, labour, prisons, public holidays, railways, bankruptcy and insolvency and registration of births and deaths from the federal government’s exclusive legislative list to the concurrent list. This would not have prevented federal legislation on those matters. Rather, any federal law would still override state laws as every student of constitutional law knows! But our anti-federalist House of Representatives platform rejected even this small step towards redressing our defective federal structure! The worst assault on the federal principle was in respect of local government administration. In a series of positions contained in items 10 to 14 of the House platform, the Representatives systemically seek to make local governments accountable to the federal rather than state governments. In item 10, the House adopts the position that local government funding should be transferred direct to them by the federal administration, bypassing states; item 11 categorically and overwhelmingly rejected a sensible attempt to make local government creation an exclusive affair of state governments as they are in other federal systems; item 12 demonstrates in unmistakable terms the intent of the House by voting explicitly to make local government a third tier of government with its own legislative list! And item 14 seeks to prescribe in the national constitution the tenure of local governments! These positions are shocking and aberrant and show that our Representatives do not understand the imperative of the nation for federalism! It is sad that rather than redress the erosion of our federal constitution, the House would rather seek its final destruction by further weakening the states and centralising additional powers. There are several other indicators of the House’s abhorrence for the concept and practice of federalism in the recently published platform. The House rejected both a modest proposal in item 4 for recognition of the six geo-political zones “for administrative purposes only” and a more ambitious proposal in item 5 that they be treated as “another tier of government”. Evidently, in the view of our Representatives, Nigeria is just perfect the way it is! Some cynics will say, “Why wouldn’t they think so? They are just fine the way they are – allowances, constituency projects, “oversight” and all!” Not surprisingly given its other preferences, the House in items 35 and 36 rejects entrenchment of the principle of derivation, and in items 19-21 overwhelmingly rejected the establishment of state police and unambiguously affirmed that the current police system and structure should be retained, completing the rout of the federalist principle at least in the opinion of our current members of the House of Representatives! I am aware that House members will argue that these obnoxious outcomes do not represent their personal opinions or House resolutions, but are decisions reached by their constituents in the public sessions conducted by them. I do not accept this position! From reports I have received, those public sessions were so poorly and shabbily organised, publicised and attended that they cannot represent the views of Nigerians. My suspicion is that these positions reflect the personal and preconceived views of the Representatives and their consultants, rather than popular positions! Those outcomes certainly appear perverse and are unlikely to reflect the views of many constituencies in Nigeria. Certainly not mine! Nigeria needs federalism both as a political and economic imperative. The evidence is overwhelming that the strategy of centralisation and unitary prebendalism is already destroying the nation. By the time you centralise all elections, police, armed forces, security, judiciary, all important legislation, local government, and most resources under one national leader, Nigeria would be ready for full civilian or fascist dictatorship! The House of Representatives must not be allowed to drive the final nail in the coffin of Nigerian federalism and democracy.

The End of Federalism!!!

Introduction The House of Representatives recently released what it called outcomes of public hearings held in respect of its process of amending the 1999 Constitution. If those touted outcomes become law, they will mean de facto and de jure end of the concept and practice of federalism under Nigeria’s constitution. In virtually every instance, the Representatives voted against federalism! It is shocking, given the agitation for a return to some semblance of a federalist constitution from our current unitary-federalism that the House chose to further erode the last vestiges of federalism left in Nigeria’s constitutional order. Abolition of State Electoral Commissions-INEC to Conduct ALL Elections Item 16 of the House platform endorses the amendment of section 197 (1) (b) of the 1999 Constitution to abolish state election commissions and have all elections conducted by the national electoral commission, INEC. If this provision becomes law, INEC will conduct future local government elections! This follows the effective nationalization of the judiciary through the National Judicial Commission; transfer of virtually all important legislative matters to the exclusive legislative list controlled by the federal government; nationalization of policing and security; and other federalist aberrations in the constitution. It is unbelievable that our Representatives believe the way to go is to further worsen the constitutional balance in favour of the federal government! Rejection of Modest Transfers from Exclusive to Concurrent List If you thought the House’ inclination to increase rather than reduce federal powers, and reduce rather than increase state powers, at a time most enlightened Nigerians call for devolution of powers to subsidiary levels of government, (and even unitary nations such as the United Kingdom are devolving powers to sub-national levels!) was an innocent mistake, you would be wrong given other decisions taken! Item 15 was a modest attempt to move some sinecure items (fingerprints, identification and criminal records; insurance, labour, prisons, public holidays, railways, bankruptcy and insolvency and registration of births and deaths from the federal government’s exclusive legislative list to the concurrent list. This would not have prevented federal legislation on those matters. Rather any federal law would still over-ride state laws as every student of constitutional law knows! But our anti-federalist House of Representatives platform rejected even this small step towards redressing our defective federal structure! Nationalisation of Local Government Administration The worst assault on the federal principle was in respect of local government administration. In a series of positions contained in items 10 to 14 of the House platform, the Representatives systemically seek to make local governments accountable to the federal rather than state governments. In item 10, the House adopts the position that local government funding should be transferred direct to them by the federal administration, bypassing states; item 11 categorically and overwhelmingly rejected a sensible attempt to make local government creation an exclusive affair of state governments as they are in other federal systems; item 12 demonstrates in unmistakable terms the intent of the House by voting explicitly to make local government a third tier of government with its own legislative list! And item 14 seeks to prescribe in the national constitution the tenure of local governments! These positions are shocking and aberrant and show that our Representatives do not understand the imperative of the nation for federalism! It is sad that rather than redress the erosion of our federal constitution, the House would rather seek its final destruction by further weakening the states and centralizing additional powers. Rejection of Six Geo-Political Zones There are several other indicators of the House’s abhorrence for the concept and practice of federalism in the published platform. The House rejected both a modest proposal in item 4 for recognition of the six geo-political zones “for administrative purposes only” and a more ambitious proposal in item 5 that they be treated as “another tier of government”. Evidently in the view of our Representatives, Nigeria is just perfect the way it is! Rejection of Derivation Principle and State Police Not surprisingly given its other preferences the House in items 35 and 36 rejects entrenchment of the principle of derivation, and in items 19-21 overwhelmingly rejected the establishment of state police and unambiguously affirmed that the current police system and structure should be retained completing the rout of the federalist principle at least in the opinion of our current members of the House of Representatives! Conclusions I am aware that House members will argue that these obnoxious outcomes do not represent their personal opinions or House resolutions, but are decisions reached by their constituents in the public sessions conducted by them. I do not accept this position! From reports I have received, those public sessions were so poorly and shabbily organized, publicized and attended that they cannot represent the views of Nigerians. My suspicion is that these positions reflect the personal and preconceived views of the Representatives and their consultants, rather than popular positions!!! Those outcomes certainly appear perverse and are unlikely to reflect the views of many constituencies in Nigeria. Certainly not mine!!! Nigeria needs federalism both as a political and economic imperative. The evidence is overwhelming that the strategy of centralization and unitary prebendalism is already destroying the nation. By the time you centralize all elections, police, armed forces, security, judiciary, all important legislation, local government, and most resources under one national leader, Nigeria would be ready for full civilian or fascist dictatorship! The House of Representatives must not be allowed to drive the final nail in the coffin of Nigerian federalism and democracy.