By Reuben Abati

The increase in the pump price of fuel, in 2020, a fall-out of the deregulation of the down stream sector, did not compel the youths of Nigeria to troop out onto the streets. The additional hike in electricity tariffs was not enough to ignite their anger either. The government of the day explained to the people that the additional burden of higher prices was part of the sacrifice they had to make as citizens. The impact of COVID-19 was hobbling the country: loss of revenue, inflation, a weak national currency, foreign exchange crisis. The people showed understanding. The strongest point about the average Nigerian is that he or she is resilient, long-suffering, yet ever ready to give up a little comfort for the country’s sake. Nigerian leaders do not show as much readiness or patriotism in the same manner. Nonetheless, Nigerians continue to endure, but the lesson of the #EndSARS crisis that has now engulfed the country is that it is not good to take the people’s patience for granted.

Last week, it took an encounter between a young man and the notorious Federal Special Anti-Robbery Squad (FSARS) in Ughelli, Delta State, for the people to cry out and show their outrage over unending cases of police brutality. A young man by name Ochuko, was first said to have been killed by the men of the FSARS. It was later established that he did not die. He was brutalized. His vehicle was seized by the police. He ended up in hospital. The Minister of State for Labour and Employment, Festus Keyamo, SAN who was born in Ughelli intervened and tried to explain. He said the victim was alive and that in fact, the outfit involved in the encounter was not SARS, but Operation Delta Safe. These were policemen all the same. The youths of Ughelli therefore turned their anger on the police. Whether it was Operation Delta Safe or SARS did not matter, the truth is that the Federal Special Anti-Robbery Squad established in 1992 has over the years become synonymous with impunity and brutality.

CSP Simeon Danladi Midenda (assisted by DSP Taiwo Lakanu) who helped to set up the unit as a default strategy at the time, is on record as having said that the unit, one of 14 in the Nigeria Police Crime and Intelligence Division, has “deviated from the original concept.” The exact nature of that deviation is that over the years, Nigerians concluded that FSARS had transformed from being a crime-fighting unit of the Nigeria Police into a criminal unit, granted automatic immunity by official status and the guns that they wield. Rather than fight armed robbery, SARS officials spent more time terrorizing Nigerians. The many stories that have been written about this unit of the Nigeria Police convey a picture of how Nigeria itself has deteriorated and how institutions of state can be easily used to condone and promote impunity. In 1971, Nigerian policemen killed Kunle Adepeju, a promising Nigerian student at the University of Ibadan, who was not even involved in a protest about the inefficiency and incompetence of a University catering manager.

In April 1978, the police killed Nigerian students for daring to query the then Olusegun Obasanjo military regime. The government had increased the cost of meal on campuses by 50k per day. The students revolted. The Nigeria Police, this same one, joined by soldiers who were called out to quell the protests, littered every campus from Zaria to Lagos with corpses. In 1981, they killed Dele Udoh, a 24-year old, award winning athlete. He was gunned down for having the temerity to argue with a policeman. With the emergence of a unit of the Nigeria Police Force called Nigerian Mobile Police (MOPOL) Nigerians were finally confronted with the spectre of police brutality in full force. It was a para-military police unit. It would eventually distinguish itself internationally and bring laurels to Nigeria in UN, AU, ECOWAS international peace-keeping operations. But locally, the MOPOL, as it was called, was known for its human rights abuses. Under Inspector-General of Police, Sunday Adewusi (1981- 1983), the MOPOL became so notorious, so evil, that it was called the “Kill and Go Police”.

After dismissing the civilian Shehu Shagari administration in 1983, the military rulers that came after had to whittle down the influence of the MOPOL. It had become a threat not just to society but also the military. MOPOL may have been bad but SARS is worse. Nigeria’s Special Anti-Robbery Squad inherited the “Kill and Go” label and turned it into a shameless brand. Nobody is spared. You only need to drive a good car, wear dreadlocks, look like you had just returned from an overseas trip, speak with a foreign accent, or look like the son or daughter or wife of a rich man, or make the mistake of being seen with an expensive phone or tablet, and you automatically become a target. Walking too confidently on the streets of Nigeria is now regarded as a crime by SARS policemen and yet, the Nigerian Constitution guarantees the freedom of movement. SARS officials pry into people’s bags, enter their houses and look into soup pots and refrigerators, and ask for a share of family assets or else, they will “kill and go” and as they often say, “nothing will happen.” And indeed, often, and always, nothing happens, and if anything happens at all, such policemen are protected by the police and subsequently rewarded with promotion and better postings. They are not answerable to anybody in the state to which they are deployed. They operate as a Federal Force! This is exactly the problem. A Police system that is supposed to protect the safety of lives and property but which operates like an enemy of the people, and the state lacks the will to do what is right, is a threat to everyone.

It has been argued that we should never have expected, and should not expect much from the Modern Nigeria Police. It was established by the colonial authorities as a force of domination, division, suppression, and control, and so the argument goes, we should expect the Modern Nigeria Police Force to remain true to its antecedents. The weakness of that argument is that it props up colonial determinism. It has been 60 years after independence. We can’t keep blaming the past. My take, in fact is that the colonial police master is much better than the post-colonial police masters we now have. Present day internal colonialists are far less human than the British colonialists. There are many Nigerians who will readily argue that colonialism had its good sides, highlighted ironically by the wickedness of a generation that inherited independence and subverted it.

Too many panels and committees have been set up to reform the Nigeria Police: why has that not worked? For more than 40 years, civil society groups in Nigeria and the International Community have been drawing attention to human rights abuses by the Nigeria Police: why has nobody listened? Every Inspector General of Police since the 1990s has talked about Police Reform, Police decentralization, Police restructuring, but that has also not worked. The current #EndSARS protest is a response to years of inaction and the deafness of the Nigerian state. The argument is not about a colonial heritage. It is about the failure of leadership. This is worsened by the fact that the protesters do not trust the Nigerian government anymore. There is nothing new about police brutality and the violation of human rights by the Nigerian State, but the people have seen that it may never end. For the past four years, there have been similar protests and demands. This is not the first time Government will restructure the notorious SARS or direct that checkpoints should be disbanded. In 2017, 2018, 2019, the police hierarchy gave the same directives. The police simply went about their duties and punished the people even more. It is tragic to have a Police system that the people do not trust.

After the aforementioned Ughelli incident, the Inspector General of Police – Mohammed Adamu announced that SARS officials had been ordered off the streets, checkpoints banned and that every SARS official must wear a uniform. The public laughed. They dismissed the directive as “an audio directive.” AUDIO used in that context in Nigeria’s street talk means mere sound, nothing of substance, it can be heard but there is nothing to it because it is deceptive and dishonest. The people have been proven right. When a people begin to call those who are supposed to protect them liars and hypocrites, something has gone crazy in that society, and a bomb is ticking. Indeed, within 24 hours after the IGP’s mollifying directives, SARS officials were seen again on the streets, acting like emperors as usual. The people then resolved that “Enough is Enough”. In Ughelli, Lagos, Osogbo, Abuja, and elsewhere, they confronted the SARS officials. The Police fought back. Nigeria now looks like a scene out of William Shakespeare’s Coriolanus. “Na on top that matter we dey since oh” as the people say.

The people standing up to the Nigeria Police are to be exact, the youths of Nigeria. The #EndSARS campaign is an expression of youth power. What we have seen is a whole generation speaking up. Their protest goes beyond police brutality. It is an outflow of pent up anger about how Nigeria has been mismanaged over the years. It is a protest about the failure of the state, the reign of impunity and the abuse of uniform, not just by the police, but Customs, Immigration, Civil Defence, Road Safety officials, and anyone who wears an official uniform and thinks he or she has been empowered to humiliate and oppress less privileged Nigerians. But the Phoenix has risen. Before now, many young Nigerians kept calling on the older generation of activists to speak up for them about contemporary issues. The majority actually thought the duty of liberating Nigeria should be carried out by the same set of old actors. This time, new heroes and heroines have shown up from the most unlikely quarters. Their protest goes beyond police brutality. It demonstrates the power of technology and the nature of a modern revolution and its potency. The Arab Spring was triggered off in December 2010, by an act of self-immolation by a Tunisian youth in protest over police corruption and brutality. In Nigeria, a Revolutionary Spring has been afoot for days. Well, almost.

Nigerian youths took over not just the streets of Nigeria, they possessed the international social media space. They ignited the fire of patriotism at home and in Diaspora. There have been protests by Nigerians across the world- in Paris, London, Johannesburg, Monrovia, Dublin and elsewhere. On Twitter, a dedicated team called out international celebrities and governments to help defend the rights of Nigerians to live in peace in their country. Within 24 hours, the #EndSARS campaign became the Number one trending topic on social media worldwide. Governments and embassies joined the protest, calling on the Nigerian government to address the grievances of its angry citizens. I saw Drake, Cardi B, John Boyega, Trey Songz, Chance the Rapper, Estelle, global cultural figures asking questions about Nigeria. It was in the government’s interest to respond. The IGP has now announced a complete disbandment of the Special Anti-Robbery Squad, but two days later, nobody trusted him. Nigerian youths shouted “AU-DI-O”. They have remained on the streets. They have asked that the President of Nigeria Muhammadu Buhari must address the nation. He has now done so. It was in his interest to do so. Every step that has been taken by the Nigerian government in the last three days is not because the government listens, but a response to a desperate situation. #EndSARS was beginning to graduate to an #EndNigeria campaign. Even the Vice President and one of his daughters joined the campaign. One of the President’s daughters, Zahra Buhari also tweeted on the side of the people. The children of both billionaires and the poor are united. One of them, DJ Cuppy, has said she had to defy other people’s counsel but as a young Nigerian she felt obliged to speak up.

The #EndSARS campaign has produced new heroes. We have seen an expression of youth anger and patriotism that we never expected was possible. Omoyele Sowore, the activist who ignited the fire that now burns, must be pleased. The other hero is Aisha Yesufu, the foster daughter of the North, who has emerged as a symbol of the protest. There is Rinu, the young lady who acted as spokesperson at the Lagos State House of Assembly. And Segun Awosanya, the #EndSARS architect and spirit. Deji Adeyanju. Dipo Awojide. Reno Omokri. There are others: those who lived, those who died, the living ancestors, and members of Corporate Nigeria who stood up to be counted. The Nollywood and Creative Industry team gave verve to the protest: Falz the Bad Guy, Wizkid, Davido, Tiwa Savage, Paul Okoye, Rema, Don Jazzy, Mike Edwards, Genevieve Nnaji, Toke Makinwa, too many to mention… and the BBNaija queen – Tacha showing that far beyond beauty and brains, conscience matters… Notably, there is no single hero. The youths of Nigeria led themselves. They blocked politicians from hijacking the protest, and therein lies the strength of this unfolding Nigerian story. We have not yet seen the end of it. It is a much bigger story: the story of how a strategic police unit that used to be known as the “Scorpions” ended up as a group of “Monkeys”, looking for “Bananas”, so badly they became involved in land matters, snatched ATM cards, and became “AsSARSins.”

By Ebun-Olu Adegboruwa, SAN

For some months now, there has been a growing agitation for the restructuring of the entity called Nigeria. In times past, there has been lots of clamour from Nigerians, for the All Progressive Congress (APC) led government, to fulfil its promise of restructuring, to the nation. By way of reminder, the APC had covenanted in its Manifesto, before the 2015 general elections, to “initiate ACTION to amend our Constitution with a view to devolving powers, duties and responsibilities to states and local governments in order to entrench true Federalism and the Federal spirit.” You would well agree with me that you can only “entrench” that which does not hitherto exist. So, the APC was well aware that Nigeria has not been operating “true Federalism”, and thus, the major campaign theme for the 2015 election for the APC, was devolution of powers. The song then, from prominent APC stalwarts, was true federalism. It is thus understandable why the party has been under severe criiticism, for abandoning its own Manifesto, after it secured power, following its victory in the 2015 and 2019 general elections. It is totally uncharitable, for any political party to climb to power on the altar of sloganeering and deceit. And that is exactly what the APC has done, such that six years down the lane after it took over the reins of power, Nigeria is still neck deep in unitary federalism.

In the words of the learned authors of Merriam-Webster Dictionary, to RESTRUCTURE is “to change the makeup, organization or pattern of” something, meaning that restructuring involves some fundamental alteration of the existing structure. The structure of the entity presently called Nigeria is spelt out in a document referred to as the Constitution of the Federal Republic of Nigeria, 1999. Although it claims to be a federal Constitution, it was in fact enacted by the military regime of General Abdulsalam Abubakar (Retd.), as a document imposing a unitary system of government on the people of Nigeria, by concentrating all powers in the federal government and leaving the States and the local governments totally powerless, and I dare say, rudderless.

Presently, virtually all regions in Nigeria are in support of and yearning for restructuring, through a fundamental rejigging of the entire fabric of what is left of Nigeria. What we should ponder upon now is why the entity called Nigeria is no longer suitable to the South and the North, given the latest agitations from all the regions. The simple answer, to my mind, is that Nigeria is in the hands of a cabal, a tiny few, cutting across tribe and religion, spread and entrenched within the business sector and indeed all important aspects of our national life, not excluding even the legal profession. They have cornered the commonwealth of the nation, they are in charge of everything useful to our economic life and because of this, they are not directly affected by the sufferings and problems that the masses go through, which in itself explains why they are vehemently opposed to the idea of any form of change at all, relishing as it were, the booties falling their way from the status quo.

In its section 16 (1), the Constitution of the Federal Republic of Nigeria states expressly that “the State shall:
(a) harness the resources of the nation and promote national prosperity and an efficient, dynamic and self-reliant economy; for every citizen on the basis of social justice and equality of status and opportunity.
(d) that the economic system is not operated in such a manner as to permit the concentration of wealth or the means of production and exchange in the hands of a few individuals or of a group.”

As you would well agree with me, Nigeria is running exactly on the opposite of the constitutional imperative stated above, given that the national resources of this great nation are only circulating between very few individuals and their favoured agents. We surely cannot continue in this form at all and expect things to remain normal. No. A time is coming, and it is nearer than it used to be, when the people will revolt, when the gunpowder will explode, when tolerance will be exhausted and endurance will thin out. No one should take the people for granted permanently. So, our leaders should listen to the voices of reason and do the needful very urgently. Without any doubt, APC claimed to have set up a committee on restructuring without any meaningful result, playing political tricks on the people and dancing on the tribulations of its followers. For sure, the national assembly is currently on its regular weather-beaten track of constitutional amendment, with almost very predictable results. This must stop. We cannot keep taking people round in endless circles all the time and think that they are fools. Nigerians are choking right now! It is becoming totally unbearable and something has to give.

Someone would well ask me, why do we need restructuring? Please come along with me, on a small exercise. Section 153 (1) of the Constitution established the following federal agencies:

Independent National Electoral Commission Council of State
Federal Character Commission Federal Civil Service Commission
Code of Conduct Bureau Federal Judicial Service Commission
National Defence Council National Economic Council
National Judicial Council National Population Commission
National Security Council Nigerian Police Council
Police Service Commission Federal Mobilisation Allocation and Fiscal Commission

From all the above, it can be seen that the powers of the federation called Nigeria are all concentrated in either this “federal” institution or that “national” agency. In fact, some states do not have any agency as such, of their own, established for any purpose, other than these federal bodies. Not stopping there, the Constitution then finally castrated the states and the local governments, by enacting the following provisions, in section 4:

“4 – (2) The National Assembly shall have power to make laws for the peace, order and good governance of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part 1 of the Second Schedule to this Constitution.”

Now, let us travel to the Second Schedule of the Constitution, to examine some of the matters concentrated in the hands of the federal government to the detriment of the rest of the federation.

EXCLUSIVE LEGISLATIVE LIST

“Arms, Ammunitions and Explosives, Aviation,
Bankruptcy and Insolvency Banks, Commercial and Industrial Monopolies
Control of Capital Issues Copyright, Currency, Customs and Excise Duties
Defence, Drugs and Poisons Evidence, Exchange Control, Export Duties,
Fishing and Fisheries, Immigration Incorporation of bodies corporate, Insurance, Labour, Trade Unions, etc
Maritime shipping and navigation, Meteorology,
Military, Mines and Minerals, oil fields, oil mining, natural gas,
National Parks, Nuclear energy, Passports and Visas,
Patents, Trade Marks, Business names, Pensions, Gratuities,
Police and Government Security Services Posts and Telegraphs and Telephones,
Prisons, Public Holidays, Quarantine Railways, Regulation of Political Parties,
Stamp Duties, Taxation, Marriages, Trade and Commerce, Inland Waterways,
Weights and Measures Wireless Broadcasting and Television, etc.”

The existing structure of Nigeria from the above table, is that everything is in the hands and under the control of the federal government; the states and local governments do not exist at all, as far as the Constitution is concerned. This is the reason why the governors don’t want state police, because they simply don’t have the funds to run it. And it is the same reason why they are against minimum wage, autonomy for the judiciary and the local government. Everything that generates income in Nigeria resides in the federal government, which is controlling even domestic matters such as marriage. What kind of federation is that, where the other federating units have no capacity for survival or any chance of self-sustenance? It is a federation where the federal government sits upon all resources and then begins to hand out bailouts to the other federating units. So, in point of fact, there is nothing like the Federal Republic of Nigeria at all, but rather the Federal Government of Nigeria. No state can handle electricity generation or distribution, they cannot set up telephone companies or even run television or radio stations, or even attempt to regulate the mines and minerals in their domain. Is that a true federation? What is the federal government doing with banking, advertisement, waterways, railways and even electricity?
How do we run a system whereby the federal government appoints judges for the States and the federal government controls the security of the States, to the extent that the governor is totally powerless if the Commissioner of Police of the State decides not to obey his lawful directives as the chief security officer of the State? Why will anybody insist on perpetuating this lopsided arrangement except of course he is an enemy of the people? This is what is promoting corruption, as the fastest way to sudden wealth in Nigeria presently is to be connected to the federal government one way or the other, through one of those moribund agencies that have no relevance to the lives of the people. How do we sustain this parasitic system that takes away true development from our people, simply because some privileged few are feeding fat on the commonwealth?

The immediate solution is in genuine restructuring, not this surface attempt of one step every year, as is being executed by the National Assembly in the name of constitutional amendment. We must encourage the President and the legislators to go the whole hug and break down the Constitution into a workable template that can deliver true federalism, for our collective dream of a true Nigeria, as stated in the APC Manifesto. The President should not block his ears to the cries of all our people. He has proved himself to be man enough to touch the sacred cows, so he should confront the monster of the faltering imbalance called Nigeria. It is the only lifeline to rescue the sinking ship.