PEOPLE anxious to praise President Goodluck Jonathan’s steps in tackling the recalcitrant security situations round the country have rated a mere increase in security operations in 15 local government areas to state of emergency. Nothing can be further from the truth.
A state of emergency would entail the cessation of civil administration of the States. Will the civilian administrations in the 15 local governments be banished instead?
Jonathan drew the powers for his decision from portions of Section 305 of the 1999 Constitution, which fit this situation. He appears to be on solid ground in terms of the constitutional provisions. What may be wrong is the implementation of the state of emergency.
According to Section 305, “Subject to the provisions of this Constitution, the President shall have power to issue a proclamation of a state of emergency only when there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security.”
How would the affected local governments be administered? There would be no constitutional grounds for punishing the local government administrations, if they exist in those places. Security is not a responsibility of local government councils.
The Fourth Schedule of the 1999 Constitution is devoted to functions of local government councils. The President has taken a moderated approach to the situation. The local governments targeted have been volatile, and so has Kaduna metropolis where more bombs have gone off than in Niger State. Are there no local governments in Bauchi and Gombe that are in the same shoes with those in Borno, Niger, Plateau, and Yobe?
In taking these measures, government has ignored a fact: it is dealing with a highly mobile target, which can change positions. Are the soldiers being deployed trained in internal security management? How would government ensure they would not be compromised as was alleged in earlier operations in Plateau State?
More questions arise about what government intends to do with the police. Has it finally given up on the force? Is use of soldiers a substitute for training an efficient police force? The use of the armed forces is a constitutional matter and temporary. Either way, government must return to the police at some point.
Another flaw is the restriction of arrests to foot soldiers and low ranked leaders of the attacks. Government needs a bolder and more wholesome approach to dealing with the enemies. The challenge is not what we do after bomb explosions, but ensuring that the bombs cease exploding. Government must know that it will take more than deploying soldiers to 15 of Nigeria’s 774 local government councils.
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