In
a move to take the heat off the Nigerian Army and ensure that due
process is followed, President Muhammadu Buhari has signed a
presidential proclamation proscribing the Indigenous People of Biafra
(IPOB) over the group’s involvement in terrorist activities...
Making this known yesterday, sources in the Office of the Attorney General of the Federation informed THISDAY that the president signed the declaration on Sunday before
his departure for the 72nd United Nations General Assembly (UNGA) in
New York, where he will be expected to address other world leaders
today.
Buhari’s
decision to sign the proclamation was a fallout of the sharp criticism
that followed the declaration of IPOB as a terrorist organisation by the
Nigerian Army at the weekend and the group’s proscription by the
South-east governors.
Although
the Chief of Army Staff, Lt.-Gen. Tukur Buratai yesterday made a
half-hearted attempt to deny that the army had declared IPOB a terrorist
group, this did not stop the President of the Senate, Dr. Bukola Saraki
from insisting that due process should have been followed before the
declaration and proscription by the army and South-east governors
respectively.
With
the signing of the proclamation by Buhari, a source in the attorney
general’s office explained that the presidency had effectively initiated
the formal process of proscribing IPOB in accordance with the
provisions of the Terrorism (Prevention) Act, 2011.
It
also paved the way for the Attorney General of the Federation (AGF),
Mr. Abubakar Malami (SAN) to head to court to give legal backing to the
presidential proclamation.
Section
2 (1) of the Terrorism Act states that “where two or more persons
associate for the purpose of, or where an organisation engages in: (a)
participating or collaborating in an act of terrorism; (b) promoting,
encouraging or exhorting others to commit an act of terrorism; or (c)
setting up or pursuing acts of terrorism, the judge in chambers may on
an application made by the Attorney General, National Security Adviser
or Inspector General of Police on the approval of the President, declare
any entity to be a proscribed organisation and the notice should be
published in the official gazette”.
Sub-section
2 goes further to state: “An order made under sub-section (1) of this
section shall be published in the official gazette, in two national
newspapers and at such other places as the judge in chambers may
determine.”
The
sources further added that Buhari was keen on signing the declaration
before his departure for New York in order to have the right response in
the event that the question over the declaration by the army was posed
by other world leaders who have been watching events unfold in Nigeria.
“The
issue was extensively debated between Buhari, the AGF and other aides
before he left for the UN General Assembly and the president decided to
sign the declaration before leaving for New York, so he could say that
due process was being followed if the question was raised by other world
leaders at the UN,” the sources explained.
Saraki Demands Due Process
But
even as news got out that Buhari had signed the proclamation, the
Senate President said yesterday that due process should have been
followed before the declaration of IPOB as a terrorist group by the
army.
Saraki,
in a statement he personally signed, said the declaration of the
separatist group as a terrorist organisation was unconstitutional and an
act which failed to follow due process.
He
also faulted the proscription of the group by the governors of the
South-east states, stressing that the National Assembly would
investigate what actually happened during the military exercise, code
named Operation Python Dance II, in the region.
Saraki
said that there are laws outlining steps to be taken for the
categorisation of any organisation or persons as terrorist, which must
be followed for such declaration to have effect.
He,
however, expressed confidence that the president would initiate steps
to ensure that due process was followed, thus demonstrating to the world
that Nigeria is guided by the rule of law whatever the circumstances
are.
While
commending the military for its efforts at restoring peace to different
parts of the country, the Senate President urged its personnel to be
guided by respect for human rights and be wary in the use of force.
Saraki also cautioned against over-stretching the military, which he said should not dissipate its fighting strength.
This, he said, could be averted by strengthening the police and enhancing its capacity to deal with civil crises.
The
statement read in full: “Following the clash between the military and
members of the Indigenous People of Biafra (IPOB), I hereby call for
calm and restraint by all Nigerians so that we would all jointly find
the right solution to the current problem rather than worsening the
crisis.
“Our
brothers and sisters in the South-east, in particular, should continue
to maintain peace and tranquility and go about their lawful business.
This crisis will not benefit anybody but would only expose innocent
people to unwarranted danger.
“At
this point, Nigerians outside the South-east who have worked to ensure
that the crisis does not spread to other parts of the country deserve
our commendation.
“I
therefore call for continued efforts to sustain peace, unity and
stability in all our communities so as to ensure that all residents, no
matter their religion, tribe and creed, remain protected and safe under
the law.
“It
is also important that commentators and purveyors of information on all
media platforms should be conscious of the need, at all times, to
maintain the unity of the country.
“Therefore,
they must refrain from circulating information that have the potential
for aggravating the crisis. We should all realise, as individuals and as
a collective, that Nigeria is all we have and it is in our individual
and collective interest that we do not stoke the fire of crisis and fan
the embers of discord through the messages we are spreading.
“We must all protect and strengthen our country rather than contributing to her collapse and disintegration.
“I
also wish to state that the announcement of the proscription of the
group known as the Indigenous People of Biafra (IPOB) by governors of
the South-east states and the categorisation of the group as a
‘terrorist organisation’ by the Nigerian military are unconstitutional
and did not follow due process.
“Our
laws make clear provisions for taking such actions and without due
process being followed, such declaration cannot have effect. I am sure
the president will do the needful by initiating the right process.
“This
will go a long way in demonstrating to the world at large that we are a
country that operates by laid down processes under every circumstance.
So, those who have been hammering on this point should maintain their
cool.
“We
must commend the military for their efforts in restoring peace to
different parts of the country and sustaining the unity of the country.
However, in the face of provocation, the military should allow
themselves to be guided by their training, which emphasises respect for
human rights, even in war.
“Also, given the nature of this particular situation, the military has every reason to be hesitant in the use of force.
“Also,
it is my view that we should not over-stretch the military. We need to
protect our military against dissipation of their fighting strength. And
this means we need to strengthen the police and equip them with the
capacity to deal with civil crises.
“That
is why we, in the National Assembly, are already reviewing the Police
Act and also looking at the possibility of enabling other para-military
agencies to help in curbing civil unrests and maintenance of law and
order.
“I
want to also make it clear that the National Assembly intends to embark
on a fact-finding investigation aimed at determining what actually
happened during the period of the military exercise in the South-east.
“We
want to be able to sift the facts from the fiction and determine who
did what. It is quite clear that all the facts are not yet known. We
assure Nigerians that there will be no cover up. We intend to lay the
facts bare.
“On
a long term, we want to remind Nigerians that the reason for embarking
on the constitution review by the National Assembly was to enable us
look into issues that are agitating the minds of Nigerians and creating
tension among us.
“We
have promised that the exercise would be continuous. We intend to keep
that promise by further taking decisions that would strengthen and
improve on our structures.
“The
Eighth National Assembly, on resumption, will play its constitutional
role by addressing all those issues that are agitating the minds of our
people and over which they feel so strongly. I appeal to all our people
to always direct their grievances to the right channels.
“Let
me further reiterate the need for all leaders of thought – political,
religious and traditional – to continue to engage with our people on the
need to maintain peace and be our brothers’ keepers.”
Buratai Back Tracks
However,
in defence of the military exercise in the South-east, the Nigerian
Army stated yesterday that it acted within the ambit of the law.
Responding
to its critiques, the Chief of Army Staff, who spoke to journalists in
Abuja shortly after addressing principal staff officers, corps,
formations and operations commanders at the Third Quarter Nigerian Army
Conference in Abuja, said the army acted constitutionally and within the
purview of the law.
Buratai
contended that the military was under compulsion to uphold its
constitutional responsibility to protect lives and properties in the
face of internal and external threats to the territorial integrity of
the nation.
Describing
the army’s operations in different parts of the country as continuous
training of the troops, he said: “Training is a continuous exercise;
apart from the obvious exercises that you see, there are lot of other
exercises from different formations of the Nigerian Army and even
skills. So it is not a new thing, we have been training, we have been
exercising on a regular basis.
“But
once in a while we come and carry out large scale exercises to
harmonise all the aspects of training that have been taught in training
institutions and unit formations.
“Since
we came on board in 2015, we have been having a series of exercises and
we did the same set of exercises in 2016 and we are repeating the same
thing this year.
“You
are aware of Habin Kunama II in the North-west, the on-going Egwu Eke
II (Python Dance II) in the South and very soon at the end of Operation
Python Dance we would move to Crocodile Smile II in the Niger Delta.
“This
is just to reassure Nigerians, law-abiding citizens that the Nigerian
Army and indeed other security agencies are really concerned with the
safety and security of their lives and property. You are very much aware
of the security challenges in the country,” Buratai explained.
On
the categorisation of IPOB as a terrorist organisation and if the army
had succumbed to political pressure in making its declaration, Buratai
said the army did not declare the group a terrorist group “per se”,
adding that it was simply a pronouncement.
According
to him, “You see, you spoke about political pressure, but you should
understand the context in which the Nigerian Army is operating.
“The Nigerian Army is part of the political consideration in the democratic system.
“It
is part of the democratic process, it is a product of democratic
governance. We are not succumbing to any pressure. We are guided by what
the constitution has provided for us.
“Constitutionally,
we have responsibilities, so we are not under any pressure whatsoever.
Whatever anyone is saying, we will refer him back to the constitution.
“There
are several provisions that give us those responsibilities and also to
carry out such tasks as duly assigned by the government or by the
constituted authority.
“Be rest assured that we don’t have any other role that is outside the constitution.
“As
regards to the declaration (on IPOB), this is what I want to say: the
federal government will take a final decision on that. We did not
declare them a terrorist group per se. That was a proclamation.”
On
declaring the leader of IPOB, Nnamdi Kanu wanted, Buratai said he was
awaiting the directive of the federal government on the issue,
explaining that it was only the government that has the jurisdiction on
declaring him wanted.
“There
are guidelines as provided in the the Terrorism Act and I’m sure that
the relevant government agencies I’m talking about will take the
appropriate steps on whether to arrest or whether to take any other
actions (against Kanu) and we will receive the appropriate directives
from the authorities,” he clarified.
Northern Govs on Peace Mission
Meanwhile,
a delegation of the Northern Governors’ Forum yesterday kicked off a
two-day visit to the South-east and South-south geopolitical zones in a
bid to douse tension and promote peace and dialogue among all sections
of the country.
The
delegation met with the Rivers State governor, Mr. Nyesom Nwike and his
Abia State counterpart, Dr. Okezie Ikpeazu, in Port Harcourt and
Umuahia respectively, where it was assured by both governors of their
commitment to the country’s unity.
According
to a statement issued by the media aide of the Sokoto State governor,
Mr. Imam Imam yesterday in Sokoto, the delegation was led by the
chairman of the forum and Borno State governor, Kashim Shettima.
Other
Northern governors in the delegation included Tambuwal, Aminu Bello
Masari of Katsina, Abubakar Atiku Bagudu of Kebbi and Simon Lalong of
Plateau States.
“The delegation will hold meetings with their counterparts in Rivers, Abia and Imo States.
“Apart
from the visit to political leaderships in those states, the delegation
is expected to meet with traditional and religious leaders.
“The governors will also during the visit confer with Northern residents in those states.
“Importantly,
the delegation will reassure their counterparts in the South-south and
South-east that all Nigerians are free to stay in all parts of the
country, especially in the North, and that the entire North stands with
the people of the South-east in this period of heightened tension,” Imam
stated.
He
said the delegation had the blessings of the president and the
consultations will continue with all stakeholders so as to enhance unity
and peace in the country.
Wike, Ikpeazu Meet Northern Colleagues
During
their meeting with Wike, his counterparts from the North commended him
for taking urgent steps that led to the protection of lives of all
Nigerians in Rivers State.
Speaking
on behalf of his colleagues, Shettima said the Northern governors were
in Rivers State to identify with Wike and commend the governor for
nipping in the bud the unfortunate conflict that erupted in Oyigbo Local
Government Area of the state.
The forum said his actions, especially his statewide broadcast, helped to restore peace, despite the challenges.
Shettima
stated: “Governor Wike we are mightily proud of you. We are mightily
associating ourselves with you. Nigeria is greater than political
differences. We belong to one political family and that is the Federal
Republic of Nigeria.
“No
interest should be bigger than the Federal Republic of Nigeria. You
believe in the Nigerian project. For that, we remain eternally
grateful.”
The
Northern Governors’ Forum also called for the enthronement of
peace-building measures despite the challenges facing the country.
According to the forum, no law-abiding Nigerian deserved to be punished because of where they reside and do business.
Shettima
said despite the unfortunate incident in Abia, steps had been taken to
ensure that there was no retaliatory attack in different parts of the
country.
In his response, Wike declared that he would continue to protect all Nigerians and foreigners living in the state.
He
said: “Rivers State believes in the unity of this country. Rivers State
will not be a part of those calling for the disintegration of Nigeria.
We owe it as a duty to protect every Nigerian living in the state.
“I
will not allow any group to intimidate, harass or attack other
Nigerians living in the state. We are Rivers people and we belong to the
Niger Delta.”
While
stating that violence could never lead to the resolution of any
grievances, Wike urged those who are aggrieved to embrace dialogue in
the interest of peace and development.
“I am not against anyone who wants to protest any grievances, but there are channels for such protests,” he said.
Wike added that the people of Rivers State have their own peculiar grievances over developmental issues in the country.
He pointed out that as governor he had raised the issues, but would never support the disintegration of the country.
In
Umuahia, where the delegation met with Ikpeazu, the Northern governors
called on the people of the South-east zone to have faith in a united
and indivisible Nigerian nation.
The
governors who arrived late in the evening, were received by Ikpeazu in
the executive chamber of his office, after which the delegation went to
the banquet hall of Government House and addressed the Hausa community.
Speaking
on behalf of the delegation, Shettima said they were in Abia “to
reassure the people that we have faith in one Nigeria” and to show
solidarity with Ikpeazu.
“We
are here on behalf of Northern governors to commend Governor Ikpeazu on
his high quality leadership in handling the crisis in Abia.
“He
rose to the occasion and declared a curfew in Aba just as Governor
Lalong also declared a curfew in Jos to avert a reprisal attack on
Igbos.
“We
are here to show solidarity. We have a moral obligation to ensure that
Nigeria remains one. Nigeria is the largest conglomeration of black
people in Africa and we cannot afford to separate.
“If
we separate, where do we go? North is the Sahara desert and Chad cannot
contain us. If we go South, it is the Atlantic Ocean. The South is too
small for us and the mountains of East Africa with their so many
challenges cannot accommodate us,” he said.
Shettima
said Nigeria had come a long way as a nation with a rich diversity,
hence the need to sustain the country’s unity, adding that it was in the
interest of all Nigerians to stay together and work to build a strong
united nation.
“We
are here to remind Nigerians that we are better as one. We are here to
also invite our South-east colleagues to also come to the flash points
of the North to speak to Ndigbo living in the North,” he said.
The
Borno State governor noted that those of them that had served in the
National Assembly had intermingled with other Nigerians from different
parts of the country and had come to see Nigeria as one and built
alliances across the nation.
He
said irrespective of the challenges of nation building, there was no
strong reason for the country to be allowed to disintegrate.
In
his response, Ikpeazu expressed gratitude to the Northern governors for
coming to show solidarity with the people of Abia, saying: “When this
crisis started, I asked myself what will my brother Tambuwal in Sokoto
do if he is in my shoes or Shettima of Borno?
“I thank you for coming Your Excellencies. I
am delighted by this show of solidarity by our brothers from the North.
We are one and I want to assure you of the security of all Abia
residents.”
Alluding
to the crisis that Abia was plunged into following the clashes between
the Nigerian Army and members of IPOB last week, Ikpeazu assured his
visitors that the separatist activities of IPOB would not be allowed to
cause the breakup of Nigeria
“We
cannot allow an infinitesimal few to separate us,” he said, assuring
that normalcy had returned to Abia and Muslims went to their places of
worship on Friday peacefully.
However,
the Abia governor announced that the dusk-to-dawn curfew he imposed on
the commercial city of Aba would now be relaxed from 10 p.m. to 6 a.m.
Nwabueze: Reopen Talks with Kanu
But
even as the Northern governors met with their counterparts in Rivers
and Abia States, renowned constitutional lawyer, Prof. Ben Nwabueze
(SAN) yesterday in Enugu asked governors of the South-east zone to
re-engage Kanu in fresh talks once the tension caused by last week’s
clashes between his members and the military have quietened down.
In
a statement made available to journalists by Nwabueze, who is also the
chairman of the Igbo Leaders of Thought, he said Kanu had indicated that
he was ready for a peaceful resolution of the impasse before the
military invasion on parts of Abia State and his home last week.
Since the invasion of his residence, Kanu’s whereabouts and that of his parents have remained unknown.
But
the elder statesman, who had accompanied Kanu to meet with the
governors in Enugu on August 30, dismissed as false insinuations in some
quarters that Kanu was opposed to the amicable resolution of issues
during the meeting.
He
said on the contrary, Kanu was not just ready to shift grounds but had
insisted that the entire leadership of IPOB must be involved in the
discussions.
Nwabueze
also expressed dismay over the disturbances in Umuahia, Aba and other
parts of the South-east on account of the attempt to clampdown on the
separatist group.
“On
30th August, 2017, Mazi Nnamdi Kanu, Evangelist Elliot Ugochukwu-Uko
and I met with the South-east Governors’ Forum. The meeting was chaired
by the current chairman of the forum and governor of Ebonyi State, Mr.
Dave Umahi, who, in his conduct of the meeting, exhibited his
characteristic sagacity, candour and forthrightness tempered with
friendliness.
“Perhaps
charmed by the things said by the chairman and the way he conducted the
meeting, Mazi Nnamdi Kanu, on his part, showed an accommodating
disposition for an amicable resolution of the crisis, and more
specifically a disposition to reconsider the threat to stop or disrupt
the 2019 elections and the Anambra State governorship election on 18 November, 2017,
but emphasised that the decision did not lie with him alone and that
the leadership of the Indigenous People of Biafra (IPOB) must be carried
along.
“Accordingly, it was agreed to meet with the leadership of IPOB in order to try to secure their agreement and support.
“Regrettably,
while the follow up meeting was being arranged, the attack on Mazi
Nnamdi Kanu’s home in Umuahia by soldiers of the Nigerian Army on 10th
September, 2017 occurred, as reported in the news media, which,
expectedly, triggered clashes between the IPOB supporters and the army
in Aba, Umuahia and other places, resulting in the deaths of, or injury to several people.
“Reacting
to this sad development, the IPOB leadership indicated its intention
not to attend the planned meeting. Despite all this, Mazi Nnamdi Kanu
made it known that in the spirit of a search for an amicable resolution
of the crisis, he personally would still attend the planned meeting, now
fixed for Friday 15th September 2017.
“However,
a day or so before that date another attack on his Umuahia residence by
soldiers, armed with guns and armoured vehicles, involving serious
causalities, was reported in the media, which caused Nnamdi Kanu to
renounce his intention to attend the planned meeting, even despite all the provocation that led to its repudiation by the IPOB leadership.
“It seemed
unreasonable and unfeeling to expect him to attend the meeting when the
causalities included two of his cousins,” Nwabueze said.
Nwabueze
added that even on September 15, he had travelled back to Enugu from
Lagos for the meeting and even spoke on the phone with the Ebonyi
governor, who never mentioned a word to him about the decision, which
must have taken days before, to proscribe IPOB.
“I
had arrived to Enugu from Lagos for the meeting on Friday, 15th
September. But without the IPOB leadership, especially without Nnamdi
Kanu, it seems to me that the essential purpose of the meeting had been
defeated. So I went back to Lagos.
“The meeting should be reconvened when the tension caused by these developments have quietened down,” he suggested.
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