Nobody can justify police invasion of National Assembly –Shittu

Wahab Shittu

A lawyer and human rights activist, Wahab Shittu, in this interview with FISAYO FALODI speaks on the Boko Haram insurgency ravaging some parts of Nigeria and other current political issues

Given the refusal of the Boko Haram insurgents to stop their hostility against the country, do senators’ opposition to the President’s request for emergency rule extension in the North-East is justifiable?

The first thing we must realise as a country is that the Boko Haram insurgency is no longer a national problem; it is an international problem. So, all hands must be on deck to stem the tide. Again, we should not see the Boko Haram issue as President Goodluck Jonathan’s problem. It is also neither a Peoples Democratic Party’s problem nor the All Progressives Congress’ problem. It is a collective problem and to that extent, the members of the National Assembly were very patriotic across political party lines when the first request for the emergency rule was made because when there is a breach of peace in a place, it is a threat to peace everywhere. But having granted such emergency in the first place, there should be the need for positive feedback. Why should we still be having rising wave of terrorism in the North-East in spite of the emergency rule? Is it because the military personnel have been overwhelmed or enough troops are not being deployed? Is it because enough funds are not made available to the security forces to prosecute the war against the terrorists? Despite the emergency rule in the North-East, insecurity is on the rise. Many people are daily being killed while many others are maimed and rendered homeless. There is serious crisis in the country. It, however, appears that the political elite seem to be trivialising the problem; they are laying emphasis on the 2015 general elections, forgetting that they can only govern when there is a territory to govern. As a matter of fact, Nigeria appears to be on the death row because the quest for political power is most paramount across all party lines now. We must also realise that this is not the season of blame; we should realise that the blame is collective. The insurgents have wronged the country and we must admit that we have wronged the insurgents at a particular point in time because there is no justification under national and international law for the police to extra-judicially kill the leader of the Boko Haram sect. It is also wrong for the Boko Haram to now wage war against the rest of innocent Nigerians. So, this is not the time to apportion blame to anybody, it is the time to collectively come together and address the scourge that is capable of destroying Nigeria.

Is the request for extension of the state of emergency not part of this collective responsibility to fight the insurgency?

On the President’s request for the state of emergency extension or not, I think the National Assembly members who had granted the previous extension cannot now be blamed for asking for a positive feedback on why we are having an upsurge in Boko Haram activities despite the emergency rule.

Nigeria’s President is perhaps the most powerful president in the world; he has the right to deploy troops in any part of the country especially if the sovereignty of the country is threatened. He can do that now under relevant constitution that there is an emergency rule. We also need to understand the wider implication of the state of emergency. Under the emergency rule, all the fundamentals of democratic tradition, such as respect for constitutionalism, respect for the rule of law, accountability and transparency as well as free and fair election are suspended. State of emergency is a semi-military rule where the rights of the citizens can be trampled upon. In the name of emergency, movements of the people in the North-East are restricted to certain hours but government forgets to realise that in the process of containing the movements of the people, those of the insurgents are not contained because they are not answerable to any law. Where law-abiding citizens are not allowed to move freely, insurgents move when it pleases them and in the process, they cause massive havoc; massive damage and killing. In spite of the emergency, many territories are being conquered by the insurgents.

Now that the state of emergency seems to have failed the purpose for which it was imposed initially, what do you suggest the government should do to stem the insurgency?

Nigeria needs to take a holistic look into other options to stem the tide. And if emergency rule would be extended eventually, it has to be done through lobby, negotiation, assurances and re-assurances. I believe that the National Assembly members who are reluctant to grant the extension of the state of emergency are not less patriotic and it is high time Nigeria took holistic and non-partisan review of the situation because Boko Haram represents evil against the collective existence of Nigeria. If the government can deploy intervention fund to assist ailing banks, can that same government think of a massive intervention fund to assist the victims of Boko Haram, especially those that have lost their homes? The government can also temporarily relocate the people of the North-East to safer places while it declares total war against the insurgency; Nigeria has the resources to do that. Government should also appraise the recent suggestion by the former military governor of Kaduna State, Col. Abubakar Umar, that retired military officers should be recalled to assist in prosecuting the anti-terrorism war. Nigeria needs their experience, initiative and exposure to overcome the Boko Haram war. In summary, Nigerians should find out whether funds requested for the purpose of executing the Boko Haram war were approved; they need to know whether funds approved were released; and funds released were utilised.

In case the emergency rule is extended in the affected states, how would the residents participate freely in the next general elections which are few months away?

The Independent National Electoral Commission is not a security agency; its mandate is to conduct election and as such cannot guarantee the security of the voting process. We need to ask ourselves the assurance that voters will be secure during voting process. What is most important now to the traumatised people of the North-East is the security of their lives and property. Nigerians should begin to think of the common good rather than individual interest because there is a wide disconnect between the leadership and the followers. We also need to ask whether the following the leaders are claiming to enjoy is induced by money, which I call cash and carry democracy; or induced by godfatherism, which I would call democracy by anointing or following that is induced by massive use of brute force, which I would call democracy of AK47. So, there is a disconnect between the people who are forced to make choices not out of their conscience, but because of the reality of the moment like poverty, ignorance and diseases.

What does the recent invasion of the National Assembly by the police portend for Nigeria’s democracy?

We are indirectly endangering our democracy and I put the blame at the door step of the political elite who appear to lack sufficient political education. All Nigeria’s democratic institutions, including the police are not properly orientated to appreciate their responsibilities in democratic setting. The police are being funded by the tax payers’ money; their allegiance should be to the Nigerian state. So, there is no way one can justify their current invasion of the National Assembly. Their action is a national shame and one single way of undermining democracy.

Recently too, seven of the 26 members of the Ekiti State House of Assembly impeached the House Speaker and elected a new Speaker among themselves, how do you react to that?

What happened in Ekiti State appears to be a situation of culture of impunity. Aggrieved lawmakers have access to court to interpret what has happened. Court too has a big role to play in this situation.

Is there no way the judiciary can check perceived lawmakers’ lawlessness in Nigeria?

The judiciary is not Father Christmas; it does not intervene in any issue unless the issue is brought before it. The judiciary would not encourage any person to bring his or her case before it. The Judiciary is recognised by law to adjudicate on issues brought before it.

Nigerians have yet to enjoy good governance in terms of security of their lives and property and access to robust health care facility 15 years after its renascent democracy, what do you think is responsible for this?

This can be blamed on several factors some of which can be attributed to the crisis of value; some can be attributed to the crisis of structure and some can be attributed to the crisis of leadership failure and corruption. Some can also be attributed to impunity among the political elite. Nigeria can only make progress when those entrusted with the position of responsibilities agree to follow the rule of law. In a situation where executive lawlessness thrives, people rule according to their whims and caprices. There is no progress that can be made under such an atmosphere. Nigeria has a lot of potentials for the development of the country, but the potentials have not been fully maximised because of corruption and impunity. This reminds me of the report of the just concluded National Conference. The people are asking why the report is not implemented by the government. They are asking why the government organised a conference with the public fund and at the end of the day ignore the report of the conference.

Do you see Nigeria on the path of greatness if some of the recommendations of the National Conference are implemented?

I believe so because those who came together to make the recommendations are some of Nigeria’s best brains. But I nursed the fear from the beginning that the recommendations cannot be implemented in the absence of a legal framework. If someone wants to initiate such a conference, he or she needs a legal frame- work to show issues that would be discussed, how to proceed in the discussion and the method of dealing with the outcome so that if someone decides not to implement the outcome, sanction or penalty could follow.

Some have claimed that Nigeria is in crisis because it has yet to fully practice federal system of government; do you share this view?

I don’t want to express personal opinion on this, but given the diversity of Nigerian federation and the massive ideas and talents that abound in the country, I am positive that a kind of system that will be suitable for Nigeria can be fashioned out if these talents and ideas are galvanised.

How do you appraise the Peoples Democratic Party and the All Progressives Congress, the two leading political parties in Nigeria, in terms of ideology?

I totally agree with the claim that there is no difference between them. First, all the political parties lack internal democracy. Democracy entails free choice where the people will freely elect their representatives. Second, the two political parties are guilty of imposition of candidates on the people. It also appears that there is no ideological clarity between the two parties; they are not being driven by any ideological aspiration. That is why it is convenient for members to dump one party for the other without any of them feeling ashamed.

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