Center for Social Justice, Author at Centre for Social Justice

It is no longer news that Nigeria is in the throes of mindless killings. Every new day is the story of not just one avoidable death, but of numbers of deaths and sometimes in dozens. The brutality and bestiality that attend these killings and their gory nature would make a scene from a horror movie look saintly. Sometimes, people are not just shot but butchered, have their throats slit, and their bodies smashed, etc. Thereafter, the dead are gathered, buried and life continues as we await another scene of horror. It is imperative to recall that different philosophies and theories of governance insist that government is basically established to guarantee law and order and to protect life and property. It is about a social contract between the leadership and the led for government to protect the basics that enable a life of dignified existence and life in larger freedom for economic growth, development and prosperity to happen. The submission of individuals and communities to any government was founded on the basis that the allegiance of individuals to the government attracts governmental protection. In the event, as happens in human relations, that individuals and communities under a government are subjected to violations of their rights to life, property or any other right, there is a governmental duty to investigate the violations, prosecute offenders successfully so that punishment can be meted whilst guaranteeing the victims compensation, remediation, apology in appropriate cases, and guarantees of non- repetition. It is within this context that the President of Nigeria is elected and he bears the title of the Commander-in-Chief of the Armed Forces of the Federal Republic. It is also in this context that the different security forces are established. They include the Police, Army, Navy, Air Force, civil defence, Department of Security Services, National Drug Law Enforcement Agency, intelligence agencies, etc. These bodies are not established for the fun of just having them in the books, neither is there for mere atavism. Instead, they are to serve a purpose, to form the bulwark for the protection of the citizen and his belongings, and to guarantee a generally enabling environment for development and human civilisation to proceed. It is also in this context that courts are set up to try offenders and pronounce punishment and remedies in deserving cases. These agencies of government are available in Nigeria and they are maintained at the taxpayer’s expense. In the assignment of providing security, the tolerable margin of error is low. A life lost cannot be brought back even after apologies and regrets. No amount of money can replace a life even if compensation is paid. Most Nigerians would prefer you do not hurt them instead of offering an apology later. Nigerians know that it is impossible for security breaches and violations not to occur at all. But when lives are taken and property despoiled in a predictable, regular and consistent pattern and the government evidently fails, refuses and neglects to take appropriate actions to prevent repeat violations, it could be deduced that either the government has come to the end of its capacity to protect lives and property or that it sanctions the violations. Whichever interpretation that is true in Nigeria is not in any way the definition of governance in civilised circles or favourable to the rating of the current administration. The President is granted constitutional and statutory powers to appoint the leadership of these security agencies and they report to him. He also has powers to remove and sometimes, discipline these high ranking officials. Once it is clear that these officials are not performing according to their duty schedule and oath of office, it is the duty of the President and Commander-in-Chief to remove them from office and appoint a more suitable person. With the state of insecurity in Nigeria and the fact that no one has been queried or asked to leave office, including those who disobeyed presidential orders to relocate to a state that was under siege, the logical conclusion is that the President is happy with the performance of his security chiefs. If this is the case, then it is clear that the President has lost control and is no longer in a position to fulfil by his oath of office to protect Nigerians. The basis of any claim to legality and legitimacy by any government is the fulfilment of this basic condition of guaranteeing life and property. If a government exists and life is still not different from the Hobbesian state of nature where everyone, community, etc. is at war with their neighbour, characterised by frequent killings, despoliation and crimes, then such a government is a failure and should not in good faith continue pretending to be exercising authority when in actual fact, it has lost control. Therefore, it appears to me that the Buhari government, which is in control of the levers of the security forces and organised violence, as of today, is inching towards governmental failure. From Kaduna, Zamfara, Taraba, Benue, Plateau, Edo, Delta, Enugu, Ebonyi states, it is one sad tale after another and all Nigerians hear is cheap talk with very little action. Pray, with thousands having lost their lives to this insecurity, how many suspects are facing prosecution? At what stage are the respective cases? The same laws governing security of lives and property leave a claw back clause for individuals and the society. It does not leave ordinary folks defenceless in the event of attacks on their life and property. Section 33 (2) (a) of the Constitution of the Federal Republic of Nigeria 1999 is very clear on this subject. It states that: A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary -(a) for the defence of any person from unlawful violence or for the defence of property. This acknowledges the reversionary right of individuals and communities to defend themselves in the event of state failure to do the needful. This is a standard provision of laws in virtually all countries of the world. But the central question is; how do you operationalize the self defence provision if the average Nigeria does not bear arms and has no access to guns? What is the chance of an individual or community fighting back against an armed band with superior firepower? When these clear security failures are compounded by allegations of partiality in the enforcement of law and order against the security agencies and these allegations are made by ranking officers of state like governors and even elder statesmen, the challenge is raised to a very high pedestal. What is required from the security agencies and the President is not just a general traverse and denial of the allegations but a clause by clause response to the specifics and details of the allegations. Branding elder statesmen as unpatriotic will not do. For instance, let the security agencies respond to the specific allegations coming from the Taraba State Government. In the final analysis, the buck stops at the table of the President and Commander-in-Chief. He needs to wake up to his duties, rejig and rebrand his security team for effectiveness against criminality.

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