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National Security, Religious Anarchism and the Politics of Amnesty in Nigeria PDF

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Covenant University Journal of Politics and International Affairs (CUJPIA) Vol. 1, No. 1 (Maiden Edition), June, 2013 Covenant University Journals National Security, Religious Anarchism and the Politics of Amnesty in Nigeria Agaptus Nwozor, PhD Landmark University Omu Aran Kwara State, Nigeria. Abstract: The Nigerian state is caught in the crossfire of national insecurity arising from the insurgency of various rogue groups. The most prominent of these groups, and one whose activities have had far-reaching destabilising effect on the polity, is the Boko Haram sect. The Boko Haram sect, which uses the Taliban- and al-Qaeda-style terrorist tactics of suicide bombing and targeted assassination, is responsible for between 3000 and 4000 deaths since it declared war and engaged in armed insurgency in 2009. The sect has targeted and bombed state institutions, the United Nations building as well as many Christian worship centres in furtherance of its avowed objective of deploying terror to achieve the islamisation of the Nigerian state. Relying on secondary sources of data, the paper interrogates the force theory that underpins Nigeria’s security engineering and contends that the continued insecurity in the polity is a demonstration of its ineffectiveness. The paper also contends that the proposition by the Federal Government to grant amnesty to the Boko Haram sect is not as simplistic as it appears as it transcends the narrow definitional criteria of bartering forgiveness for peace. While the paper is critical of the proposed amnesty programme, it advocates a holistic approach that incorporates other issues that are promotive of justice, morality and ethicalness in the polity. Introduction other cause of death in Nigeria, The major challenge of Nigeria’s including epidemics (Bankong-Obi national security is the containment 2012). of diverse manifestations of violence One of the shortcomings of Nigeria’s spearheaded by various rogue security management is its pro-realist groups. The major group in orientation that accords the contemporary Nigeria that has deployment of force preeminent stretched the resources, expertise, position. Thus, the strategy of choice patience and even the competence of among national security managers is Nigeria’s security apparatuses to the the use of force in various guises to limit, both individually and subdue those identified as collectively, is the Boko Haram sect. threatening national security. But the The sheer number of deaths arising government’s supposed superior from bomb attacks orchestrated by force has not rolled back the menace the Boko Haram far outstrips any 1 Covenant University Journal of Politics and International Affairs (CUJPIA) Vol. 1, No. 1 (Maiden Edition), June, 2013 of insecurity which creates the of amnesty. The present amnesty impression that the government is being proposed by the Jonathan not doing enough to secure the administration seems to be driven by people. This mindset led Bankong- narrow political considerations. Obi (2012) to attribute Nigeria’s Amnesty is not imposed by fiat but intractable security challenges to emerges through negotiated government’s apathy towards arrangement based on certain defined exterminating the terror group and conditions. The government had inefficiency on the part of the unequivocally set those conditions security agencies. The Boko Haram earlier namely, that it would not sect poses a security challenge that is negotiate with ghosts, due to the alien to Nigeria’s regular security sect’s faceless leadership and problems. While the use of force membership; and that the sect must might have worked in the past, it has present its basis of grievances as a proved inefficient in the case of platform for dialogue (BBC 2012; Boko Haram. This is so for four Guardian 2013a). major reasons: one, the Boko Haram The paper acknowledges that uses al-Qaeda-style terror strategies, amnesty is a political tool designed which combine suicide bombing, to stop violence and restore peace targeted assassination and guerrilla but argues that it must be driven by strategies to unleash violence on the the tenets of justice. The paper polity; two, the sect has diffuse further contends that the leadership system, making it unilateralism of the proposed impossible to initiate dialogue; three, amnesty represents a policy its ideology is anchored on summersault which might deepen irrationality driven by utopian insecurity rather than resolve it. It anarchism; and lastly, it has shifting holds that the sustainability of any membership that is patently faceless. form of amnesty programme for the The anarchist bent of the Boko Boko Haram sect must factor in the Haram worldview is validated by its victims of their terrorist attacks. bomb attacks on Christian worship Contending Issues in Nigeria’s centres as well Muslims considered National Security Architecture as not practising orthodox Islam Internationally and domestically, the (Onuoha 2012:2). issue of national security is The persistence of bomb attacks by constantly on the front burner (Obi the Boko Haram sect despite an all- 1997; Tyoden 2005). Irrespective of out deployment of force by the state the regime type that is in control of and the clamour by Nigerians for the governmental powers within states or government to find a lasting solution the configuration of powers in the to the problem of insecurity appeared global arena, the preoccupation with to have swayed government towards national security has not diminished the adoption of non-military option in importance since the emergence of 2 Covenant University Journal of Politics and International Affairs (CUJPIA) Vol. 1, No. 1 (Maiden Edition), June, 2013 state system. Within nation-states, intelligence gathering and secrecy, whether it is military authoritarian and the protection of resources and regimes or civil democratic rights considered critical to the governments, considerations functioning of states (UNDP 1994; surrounding national security sit at Encarta 2008; Nnoli 2006). the apex of the hierarchy of states’ The core essence of this national interest. At the core of these conceptualisation is that national considerations are the twin issues of security is motorised by the regime survival and the preservation possession of the ensembles of of the territorial integrity of the state warfare as well as the existence of system. military formations to deploy them. Overtime, especially in the cold war The implication, therefore, is that era, the preoccupation of states with threats to national security are national security defined within the mainly external rather than internal. parametric confines of regime and Thus, the whole essence of the state survival made its pursuit an end apparatuses of force is to rebuff and by itself rather than a means to an defeat any form of threat to the state. end. The effect was that states As such, the achievement of national became fixated with developing the security falls under the exclusive necessary capacity to ensure the domain of the military and survival of the government in power paramilitary formations across the as well as preserve the state system state. The shortcoming associated from collapse arising from both with this conceptualisation is its internal and external threats and seeming restrictive boundaries and sabotage. analytical inadequacy (UNDP 1994; This traditional realist mindset Onuoha 2008:101; Adelugba underpinned the equation of national 2008:20; Nwolise 2008:348). security with the absence of threats The concept of national security has to governmental authority or the mutated from its static preoccupation presence of domestic capacity to characterised by narrow, restrictive, contain centrifugal forces within the militaristic and strategic perspective polity (Omeje 2006). Thus, under to dynamic, broad-based this paradigm, national security was incorporation of ensembles of conceptualised within the parametric various factors. The shift and context of innate and acquired expansion in the paradigmatic capacity of governments to ensure preoccupation of national security the protection of their countries from from traditional realist orientation to external attacks or internal multilayered and broad perspective subversion, as well as the draws from deeper insights generated preparedness of the military to from other schools of thoughts. The protect state territories. It also was various inputs from diverse interpreted as diligence in matters of intellectual traditions in the attempt 3 Covenant University Journal of Politics and International Affairs (CUJPIA) Vol. 1, No. 1 (Maiden Edition), June, 2013 to elucidate and expand the opportunity to non-human lives to traditional frontiers of national thrive; and Marxist political security have imbued the concept economy focuses on the with certain mystique (Nnoli 2006:1; reconciliation of the competing Adelugba 2008). But attempts by interests of the various classes in the various scholars to add quality and state. To them, therefore, the national dynamism to the concept of national security cannot be understood apart security are principally concerned from the interests of the social forces with the issues of whose security is as they struggle with one another paramount and how to provide it (Obi 1997; Omeje 2006; Nnoli (Omeje 2006:14; Onuoha 2008:102). 2006). The intellectual and ideological The expansion in the constituent ferment in the expansion of the elements that shape national security domain of national security is has produced a paradigmatic shift in exemplified by their emphases on a contemporary definitional criteria of bouquet of factors as its constitutive the concept. National security, thus, parameters. Thus, the traditional transcends the traditional frontiers of realist approach and its state to incorporate man and his contemporary variations situate the environment within the milieu of core concerns of national security sustainability. Sustainability in within the framework of the state and national security means that actions its national interest anchored on its taken by states in furtherance of the military capability to protect both; security concerns of the present the idealist school focuses attention generation must be such that cater on the emancipation of the individual for present needs of humans and rather than the state; the non-humans alike while making neoclassical/liberal economistic allowances for the unconditional theorists see national security from meeting of the security needs by the context of economic security or future generations (UNDP 1994; security of the economy, which is Dobson 2000). achieved through the free interplay National security in Nigeria is still of market forces in the resource conceived from the prism of the allocation processes within and realist paradigm. Thus, the strategy between societies; the structural often adopted by the Nigerian state ecologists focus on the linkages and to tackle insecurity consists of, and is interactions of ecology and politics anchored on, the deployment of especially in terms of the superior fire power to contain what sustainability of the planetary the state has identified as threats to ecosystem and the balancing of the it, which often coincide with the negative impacts of economic interest of the ruling elite. As a result activities on natural resource of the realist orientation and mindset exploitation and the unhindered of Nigerian security thinking, the 4 Covenant University Journal of Politics and International Affairs (CUJPIA) Vol. 1, No. 1 (Maiden Edition), June, 2013 Nigerian government perennially query. The unaccountable nature of earmarks larger and larger portions security vote led El Rufai (2012) to of state funds for security. In the call it “slush fund”. The Human 2012 federal budget, the Nigerian Rights watch (2007:39) captures it government allotted 19.4 percent of more succinctly thus: the total budget to the security The security vote is a budget sector. Thus, in concrete terms, the line that is meant to act as a security sector gulped N921.91 source of discretionary billion of the N4.75 trillion budgeted spending that the executive for the year (Leadership 2012). The arms of government can use logic behind the huge budgetary to respond quickly and effectively to threats to allocation to the security sector was peace and security in their to tackle the “the threat of Boko jurisdictions. However the Haram, Niger Delta militants and use of those funds is increasing spate of insecurity and notoriously opaque; there is wanton destruction of lives and generally no requirement property by criminals which are on that governors or local the rise"(President Jonathan cited in government chairpersons Leadership 2011). account for their use of those funds. In many cases Horsfall (2013:71) observes that the security vote money has security budget for 2012 was not been used by state and local governments to foment only phenomenal but was the largest violence and co-opt political allocation any government had opponents or has been lost to budgeted in the history of Nigeria for graft and patronage. the security sector. The phenomenal The militarisation of national increment in the security vote not security underpinned the setting up only enlarged the resources available of coalition forces or joint task forces to national security managers but (JTF) to address sundry security also expanded the frontiers of the threats. The Nigerian security militarisation of the polity. It equally architecture has, as its building acted as a necessary fodder to the blocks, such organisations as the blossoming of corruption (Elombah police, the armed forces, and the 2010). In Nigeria’s government various state security apparatuses, circles, the security vote is not which are concerned with subject to audit verification. Once intelligence gathering. A consistent the security vote is captured in the trait across the various security budget, its spending is within the formations is the conscious efforts to competence of the government militarise them. The Nigeria Police, officials authorised to spend it and whose primary responsibility is to the manner in which they deem its maintain law and order, breaks them spending necessary is beyond audit by converting their position into 5 Covenant University Journal of Politics and International Affairs (CUJPIA) Vol. 1, No. 1 (Maiden Edition), June, 2013 veritable instrument of oppression British colonialists but consolidated and extortion (Carter and Marenin on them. Thus, it was merely, a 1979; Walker 1999:56; Hills handover from one oppressor to 2007:408; Alemika 2010). another. As Onyeozili 2005: ) observes, “the nationalists against Another aspect of the militarisation who (sic) police terror and violence of the police is the creation of the were used by the colonialists, and to pseudo-military formation known as whom power was subsequently the Mobile Police (Mopol) with transferred at independence, access to helicopter gunships and cushioned themselves into armoured personnel carriers (APCs) employing police brutality and terror as well as other ad hoc units that against their opponents in post- regularly compete amongst independence political power themselves for unleashing violence struggles”. on the people. The JTFs are conferred with wide-ranging Another cause is the tendency of the repressive powers. As oppression Nigerian security apparatuses to reify begets resistance, the deployment of force as the whole essence of force by the JTFs has neither security. For instance, the Boko diminished nor eliminated the Haram was in existence before it incidence of insecurity in Nigeria. It embraced violence as its primary has fostered the spirit of daring the tool of operation. Its origin is traced state apparatuses of force, especially to 2002 , with some scholars dating it the JTFs. The creation of an as far back as 1995, which suggests alternative model of security that prior to 2009, it operated as a framework to maintain internal non-violent organisation (Connell security by the Nigerian government 2012:88; The Nation 2012; BBC is a tacit acknowledgement of the 2012a; Onuoha 2012:2). It was when incapacity of the police and other the Nigeria Police applied extreme traditional institutions law force which led to the death of its enforcement to tackle crime. leader, Mohammed Yusuf and over 1,000 members of the sect that Part of the underlying causes of violence became its weapon of insecurity in Nigeria is the martyrdom (Onuoha 2012:3). appropriation, personalisation and The de-federalisation of security privatisation of state power by the through the takeover of every aspect elite and the exclusion of the masses of security by the federal from access to secure material base government created certain rigidity (Ake 1981:125-8; Nnoli 2006:70). in the security system. The erosion The emergent ruling elite at the of the federalist principles that ought period of independence did not to undergird the Nigerian state and dismantle the apparatuses of all the apparatuses of governance, oppression used by the retreating including its national security system 6 Covenant University Journal of Politics and International Affairs (CUJPIA) Vol. 1, No. 1 (Maiden Edition), June, 2013 originated from two interrelated of linkages between national security factors, namely, military adventure and provision of conditions for the into the political arena and the material wellbeing of a significant unfortunate Nigerian civil war and percentage of the population. But the its after-effects (Babawale 2007: 65). pursuit of security ought to start and Although the earliest effort to end with the elimination of the centralise the police system was in factors that create, intensify and 1958 through the Police Act, sustain human misery in the polity. Cap.154, Laws of the Federation As UNDP (1994:22) observes, (Onyeozili 2005:40), its “human security is not a concern consolidation was during the with weapons-it is a concern with successive military regimes. One of human life and dignity”. The dignity the fallouts of Nigeria’s skewed is conferred on the people by the federal structure is the removal of responsiveness of the government to real constitutional responsibility their social, economic, political and from the state governors and local ethical needs. government chairmen and the The Terrain of Amnesty in Nigeria transference of same to the federal Amnesty is a concept whose government. Contradictorily, the relevance is brought to the fore in governors and local government conflict situations. It is associated chairmen allocate and appropriate with the preparedness of the state to enormous resources as security vote suspend its powers to prosecute and under the guise of being the chief punish individuals and groups who security officers of their respective have contravened fundamental domains, a situation that has the provisions of the laws. It involves trappings of sleaze around it (Human the invocation of the powers of the Rights Watch 2007b). state to cleanse from the official The security theorisation and records of those under the purview of preoccupation of the Nigerian state the amnesty arrangement, their does not factor the human misery as culpability against it. Thus, amnesty a major constituent of the centrifugal does not operate in a vacuum but pressures on national security. within the context of certain Human misery is seen as a conditions. These conditions include: manifestation of the consequential - It applies to rebellious acts effects rather than a driving force of against the state; insecurity. This mindset could be - It is offered to a group or a responsible for the reactive rather class of criminals who may than proactive orientation of the have committed a crime security strategies of the Nigerian against the state; state (Obi 1997). What this implies is - They need not be convicted that not only is there an absence of by a court of law. It is enough strategic security plan but also a lack that there is a constitutional 7 Covenant University Journal of Politics and International Affairs (CUJPIA) Vol. 1, No. 1 (Maiden Edition), June, 2013 basis upon which they can be free or subject to lawful conditions”. ordinarily prosecuted; An analysis of the provision brings - It is extended by the state in to the fore its contemplation of the order to restore tranquillity two concepts in one fell swoop. within its territory; While the first part of that provision, - The felonies are expunged that is, “any person concerned with” from the records of those contemplates amnesty; the second concerned; part which refers to any person - It is anchored on the “convicted of any offence” falls fulfilment of certain under the purview of the concept of conditions by the intended pardon. Thus, the distinction beneficiaries of the amnesty between the two concepts is that programme. It could be in while pardon is given after a form of signing pledges of conviction and exempts the criminal good behaviour, community from further punishment, amnesty is service and surrendering of usually granted to persons who may firearms (Encarta 2008; have committed a crime but not Akinwale 2010:204; Olatoke convicted. & Olokooba 2012:27). Amnesty as a state strategy is There is fundamental misconception deployed to contain centrifugal among scholars and analysts about forces and maintain the corporate the meaning and purpose of amnesty. unity of the state in the face of This misconception is a product of seemingly intractable threats. The conceptual confusion arising from effectiveness of amnesty as a state the extrapolation of the meaning of strategy lies is given impetus by two amnesty from pardon (Ukaogo 2010; factors: one, an unimpeachable Akinwale 2010:202; Olatoke & demonstration of the superiority of Olokooba 2012:27). Sections 175 the fire power of the state; and two, and 212 of the Nigerian Constitution, the willingness of the intended 1999, confer on the president and the beneficiaries to discontinue the governor of a state the power to criminal activities for which amnesty exercise the prerogative of mercy is contemplated. The objective of after consultation with the Council of amnesty is not to punish but to State or relevant advisory council choose a path that will yield the best respectively. possible scenario for the triumph of peace. Thus, amnesty emphasizes the Embedded in Section 175(1a) are the supremacy and expediency of a concepts of amnesty and pardon. The conducive atmosphere promotive of subsection provides that the public welfare than prosecution president may “grant any person (Olatoke & Olokooba 2012:26). concerned with or convicted of any offence created by an Act of the In the course of Nigeria’s post- National Assembly a pardon, either colonial experience, it has deployed 8 Covenant University Journal of Politics and International Affairs (CUJPIA) Vol. 1, No. 1 (Maiden Edition), June, 2013 the tool of amnesty on two Yar’Adua granted amnesty to the occasions. The first was in Niger Delta militants. For years, the connection with the Nigerian civil Niger Delta was transformed into a war. At the end of the war in 1970, cauldron of anti-state activities, the federal government declared the which not only embarrassed the outcome of the war as “no victor, no Nigerian state and undermined its vanquished”. This was a general economy but also spawned ripple amnesty that served the purpose of effects in the international oil closing the unfortunate chapter market. As the CBN (2009:130) which the war opened (Ukaogo corroborates, “declining production 2010). The introduction of what had characterized oil output over the came to be known as 3Rs previous five years due largely to (reconciliation, reconstruction and militant activities and the attendant rehabilitation) was a state policy destruction of oil-production designed to open a new chapter of facilities”. The amnesty was the third reintegration of the secessionist in the line of strategies evolved by Biafra into Nigeria. the Nigerian state to contain the destructive consequences of armed Although, the amnesty policy of 3Rs onslaught of the Niger Delta has been criticised as an empty militants on the state. The two rhetoric peddled to contain the previous strategies were the security threat that open bureaucratisation of the Niger Delta marginalisation of the Igbos would region through the creation of the have spawned (Ukaogo 2010), it Ministry of Niger Delta and the achieved the purpose of procuring a Niger Delta Development peaceful polity. The amnesty of the Commission (NDDC), under whose Nigeria-Biafra civil war appeared to auspices the Niger Delta Master plan be one-sided: rather than facilitate to anchor the sustained development the integration of the Igbos, it of the region was evolved (Egwemi fostered their alienation and 2010:136). relegation from the mainstream of Nigerian governance and economic The Niger Delta amnesty programme structures (Ojukwu 2002; Ukaogo represented a milestone in several 2010). What the Nigerian state respects. Firstly, it showed that a granted Chief Chukwuemeka government was listening and Odumegwu-Ojukwu under the willing to engage in peaceful presidency of Shehu Shagari was resolution of the people’s grievances. state pardon, an action that actually Secondly, it marked a shift in the closed the chapter of the process that security and strategic orientation of started in 1970. the government: the government stood down its reliance on its The next instance of amnesty was on seeming superior fire power to cow 25 June 2009 when Nigeria’s former the people and embraced dialogue President, the late Umaru Musa 9 Covenant University Journal of Politics and International Affairs (CUJPIA) Vol. 1, No. 1 (Maiden Edition), June, 2013 anchored on voluntary renunciation [2009] and closed at the end of the of violence by the militants. And year at 2.02mbd.” lastly, the government was willing to Boko Haram and the Spectre of make investments outside its Religious Anarchism traditional security window as it The Boko Haram insurgency has conceptualised the amnesty been at the epicentre of Nigeria’s programme to have rehabilitation security crisis since it upped its and reintegration components. terrorist activities in 2009. While Indeed, the Nigerian government both the origin and leadership projected then that the amnesty composition of the Boko Haram sect programme would cost the state are subject of speculation, their some N10.14 billion (Nwozor ideology and terrorist activities are 2010:29). not. Bagaji et al (2012:33) find Undoubtedly, the Niger Delta semblance between Boko Haram and amnesty programme was a policy Maitatsine sects in terms of shared attempt to seek an alternative route anarchic philosophy and objectives. to peace within the triad framework The Boko Haram sect is professedly of anti-violence, pro-dialogue and anti-west and considers terrorist welfarism (Nwozor 2010:33). But strategy as a veritable jihadist tool to the pursuit of this peace was not conquer the “infidels” (Onuoha without conditions. As Nwozor 2012:2). Here, infidels are defined as (2010:33-34) avers, “the president those who are outside the template of hinged the amnesty on several orthodox Islam or those who conditions: the willingness of the condone or are sympathetic to militants to give up all illegal arms in western education and civilisation their possession, a complete (Connell 2012:90). Thus, the literal renunciation of militancy in all its meaning of Boko Haram is “western ramifications, and deposition to an education is sin”. undertaking to this effect”. The The arbitrary targets of Boko embracement of the programme by Haram’s sustained terrorist attacks the militants enthroned peace in the appear to create analytical problems region, which had multiplier effect with regard to who it categorises as on the Nigerian economy. As CBN an infidel. There has not been any (2009:130) acknowledges, “the boundary in the targets of its attacks: federal Government’s amnesty it appears to attack everybody but programme brought relative peace to with preponderance on Christian the Niger-Delta area in the second institutions. Essentially, the targets half of 2009. Consequently, of the attacks masterminded by the production level rose from 1.75mbd Boko Haram have not followed any [million barrels per day] in January particular pattern to lead to a [2009] to 1.94mbd in September plausible conclusion about their driving motives and ultimate goals. 10

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which combine suicide bombing, targeted assassination . the Mobile Police (Mopol) with access to .. a volte-face by the government. Before now
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