The federal government may be forced to explore options under the Terrorism (Prevention) (Amendment) Act 2013 to continue to exercise emergency powers in the North-east states of Adamawa, Yobe, and Borno if the National Assembly fails to grant an extension of the state of emergency in the three states when it lapses on April 19.
At the moment, however, the Presidency and military authorities are keeping their options open and lobbying the federal lawmakers and politicians to approve an extension of the emergency rule to continue the offensive against the Boko Haram insurgents, investigation has revealed.
Boko Haram, which claims to be fighting for the establishment of an Islamic state in northern Nigeria, has killed more than 1, 000 people since 2009, when its uprising began.
President Goodluck Jonathan had on May 14 last year declared a state of emergency in Borno, Yobe, and Adamawa states in exercise of his powers under section 305, subsection 1 of the 1999 Constitution, giving the military broader muscles to fight the insurgency. He had followed the emergency declaration with the transmission of its details to the National Assembly, where they were approved. In November last year, the National Assembly approved a request by Jonathan to prolong the state of emergency by another six months.
The president is expected to return to the National Assembly this week to formally apply for another extension of the emergency rule.
Already, there has been a lot of resistance, especially from the North-east, to the attempt by the Peoples Democratic Party-controlled federal government to extend the state of emergency in the three All Progressives Party states. The Northern Elders Forum, governors of the affected states, and lawmakers from that part of the country have insisted that there is no need for the extension.
NEF, in a statement read by former Chief of Air Staff, Air Vice Marshal Al-Amin Daggash, at a press conference on April 11 in Abuja, threw its weight behind the elders of Borno, Yobe and Adamawa states, who had been urging the federal government not to extend the emergency rule.
In the same vein, the governors of the three states, Murtala Nyako (Adamawa), Ibrahim Gaidam (Yobe), and Kashim Shettima (Borno), had in a recent joint statement opposed any plan to prolong the emergency rule.
Their statement read, “On the issue of extension of state of emergency, it is our considered view that there is absolutely no reason to even contemplate an extension of the state of emergency in any of the three states.
“It must be noted that a counter insurgency strategy that lasted one year without achieving the desired result requires a redefinition rather than extension.
“The federal government should always remember that it has the obligation of protecting the lives and property of all Nigerians in all parts of the country without necessarily putting them under any special condition.
“It has the option of putting a security structure in place that can continue and intensify ongoing counter insurgency operations without an extension of emergency rule.”
However, a security source within the Presidency stated that the federal government was considering invoking the anti-terrorism law because it was becoming increasingly clear that the “opposition lawmakers in tandem with the demands of NEF,” will vote against the extension.
The source said, “They are wasting their time and they will be surprised that with or without it (state of emergency) they (security forces) will carry out their operations.
“What they do not know is that the counter-terrorism law that has just been signed (as amended) has given us enough latitude to operate with or without the state of emergency rule. What we are doing under the state of emergency that is very crucial for the operations, including freedom to carry out arrests, search anybody and recover arms and freedom to detain suspects for extended periods of time, can as well be handled under the anti-terrorism law.
“It has not been tested and many people don’t know the content, which provides sufficient latitude to operate without the cover of the state of emergency. I advise people to go and study it; it gives us additional powers and freedom granted under the emergency rule.
“Since it was signed into law, not much attention has been given to it and the reason being that state of emergency is in place. Therefore, we are just relying on that one and when it is not in place, as some people are advocating, we will rely on the counter-terrorism law.”
Section 26(1) of the Terrorism (Prevention) (Amendment) Act 2013 states, “The Attorney General of the Federation, the National Security Adviser or the Inspector General of Police may, for the purposes of the prevention or detection of offences or the prosecution of offenders under this Act, give such directions as appear to him to be necessary to any communication service provider.”
Section 27(1) states, “The court may, pursuant to an ex-parte application, grant an order for the detention of a suspect under this Act for a period not exceeding 90 days subject to renewal for a similar period until the conclusion of the investigation and prosecution of the matter that led to the arrest and detention is dispensed with.”
Section 29 states, “The relevant law enforcement agency with the approval of the Attorney General of the Federation may, with the approval of the Coordinator on National Security for the purpose of the prevention of terrorist acts or to enhance the detection of offences related to the preparation of a terrorist act or the prosecution of offenders under this Act, apply ex-parte to a judge for an interception of communication order.”
In section 32, the Terrorism (Prevention) (Amendment) Act 2013 provides, “The Federal High Court located in any part of Nigeria, regardless of the location where the offence is committed, shall have jurisdiction to – (a) try offences under this Act or any other related enactment.”
Speaking on the stand of the military and security forces, the Director of Defence Information (DDI), Major General Chris Olukolade, said they were bound to carry out operational directives by the president, who is the Commander-in-Chief of the Armed Forces.
Olukolade said regarding the debate on emergency rule extension, “Whatever be the outcome, the military is capable and prepared to keep discharging its constitutional duties in the most professional way as directed by the President, Commander-in-Chief.
“The essence will remain a commitment to ensuring due consolidation of the level of security already attained by virtue of the operations so far, but as envisaged by the political authority.”
Meanwhile, a lawyer, Mr. Yunus Abdulsalam, has warned against non-extension of the state of emergency by the National Assembly, saying it can create a constitutional “lacuna needed by the insurgents to reverse recent gains.”
Abdulsalam counselled those opposed to the emergency rule to bring alternative solutions instead of simply condemning what has been a stopgap solution to the insecurity in that part of the country.
“If the troops are withdrawn, I doubt if it will not serve as licence for the insurgents to increase the volume of their attacks unhindered,” he said, stressing, “The presence and activities of the troops – though not perfect and needs improvement – surely salvages our hitherto visible descent to anarchy. The proponents of their withdrawal need to educate the government on how the withdrawal will bring peace and normalcy to the states.
“With the security challenges regrettably still making waves, it will not be out of place if the National Assembly extends it.”
Abdulsalam said governors of the affected states do not need to vacate their seats.
It would be recalled that the Chief of Defence Staff (CDS), Air Marshal Alex Badeh, had on assumption of office declared April as the targeted time to end terrorism in the North-east to avoid a constitutional impasse. The Defence Headquarters clarified this to mean a reminder to the service chief to take necessary steps to end the insurgency before the expiration of the emergency rule extension granted last November.
Meanwhile, some lawmakers from the North-east have voiced opposition to the planned extension of the state of emergency in Borno, Yobe and Adamawa states.
The member representing Gulani, Damaturu, Gujba and Tarmuwa federal constituency of Yobe State, Hon. Khadija Bukar Abba Ibrahim, called for the replacement of the emergency rule with a joint security taskforce in the three states. She said, “I think we need to have all the help that we need to curb the insurgency. You don’t have to impose a state of emergency.”
Hon. Goni Bukar Lawan, another House of Representatives member from Yobe State, said, “We have never received any report on the security of the states and nothing concrete has been done by the police to take charge of the security situation in the troubled states.”
Another member of the House of Representatives, Hon. Hassan El- Badawry, alleged, “The federal government has not shown the desire to protect the people of Nigeria, particularly, the people of the North-east.”
He said the National Assembly would not approve any request for the extension of emergency rule in the affected states.
Source: Thisday
