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A Country Where Crocodile Smiles and Citizens Cry: Nigeria And Paradox of Leadership

By Godfree Matthew Esq

INTRODUCTION

Let me start by referring to one of the literary icons of Nigeria that inspires me the most, Albert Chinua Achebe. In the book the trouble with Nigeria 1983 he remarks that the problem with Nigeria is squarely and simply the problems of leadership. There is nothing wrong with Nigerian climate or weather. The problem is in the failure of the Nigerian leaders to live up to personal example, which is the hallmark of leadership.

Many decades after the book was written leadership deficit continues to becloud Nigeria. Many successive governments came with promises of bettering the lots of Nigerians but they ended up as aborted aspirations. The aspirations of these administrations did not make Nigerians “smile for real.”

Smile is a natural human expression associated with joy, happiness, celebrations, victories, fulfillments and hopefulness. In sheer contrast a crocodile is an animal that rarely smiles, and even if it does, it will hardly be noticed because of  the nature of its face. Good leadership ought to carry citizens to their destinations of joy and fulfillment where people will smile. However, in Nigeria, there appears to be exchange of dividends of   leadership – where Crocodiles (representing animals) smile more than the citizens. It is from this inspiration that this article is titled “Nigeria- a Country Where Crocodile Smiles and Citizens Cry: Paradox of Leadership”.

THE SMILING CROCODILE AND THE CRYING NIGERIANS 

The phrase smiling crocodile is not only attributed to the Code Name of military operation in quelling internal crises, it is also attributed to how animals are smiling more than Nigerians, in democracy that they did not build. In this context, the phrase smiling crocodile is used to refer to the general states of insecurity in Nigeria and extrajudicial killing perpetrated by Nigerian army under different names.

Crocodile is naturally a carnivorous animal- a flesh eater. For it to keep smiling it means that it must have filled its stomach with flesh. The next question to ask is what type of flesh does the crocodile feed on in Nigeria? It will not be out of place to say that the flesh that makes Crocodile smiling in Nigeria is human flesh; the flesh of innocent Nigerians.  For the Crocodile cannot feed on the flesh of Nigerian cows because may be cows are more sacred than humans in Nigeria.

The death of ENDSARS protesters in Lekki who were shot by military officers clearly show that in Nigeria the Crocodile has many cause to smile, but the citizens are left to cry. This further spurred the question on whether it is the duty of Nigerian government to make citizens cry and make crocodile smile? Was Nigerian government elected by Crocodiles? From these questions and the facts surrounding the ENDSARS protest it is clear that the crocodile benefits more than Nigerians in this government because while crocodile smile, Nigerians cry. This is because of the fact that Buhari’s leadership accord greater opportunity for animals to be happier than men. May be it will not be out of place for People for the Ethical Treatments of Animal (PETA) to give him an award, this will also be contested because it was not all animal that he treats equally in Nigeria. Some animals are more equal than others, as postulated by George Orwell.

The Crocodile is so happy and smiling in Nigeria’s democracy to the extent that it extended such gestures to his fellow animals. One may be right to think that in Nigeria, it appears that ‘animal farm’ is happier than “human family”.  Cows in Nigeria have special protection and security ‘apparatus’ than Nigerian citizens.  Despite the plethora of bad Road networks, poor housing schemes and dearth of portable water in Nigeria, the government appears to be interested in making the kindred of the crocodile to smile the more than its citizens. This is seen in the recent move and proactiveness to sink billion of naira to rediscover grazing routes (good roads network for cows), to establish ranching (housing estates for cows) and waterways for the crocodile and its kinsmen to smile further. It is pathetic that while animals can afford such necessities some Nigerians are yet to access such dividends of governance. It is quiet unfortunate that even Nigerians citizens takin care of the crocodiles and cows don’t have access to such benefits as these animals. Thus, while crocodile smile, Nigerians cry.

The Crocodile smiles after devouring a lot of innocent blood killed in Plateau, Adamawa, Taraba, Katsina Zamfara and other states in Nigeria. The reason is because the kindred of the crocodiles, the cows are affected as such many Nigerians farmers were killed by herdsmen, Fulani or unknown gunmen. In Nigeria, the crocodile is always ready to defend the cows but careless about the people.

Furthermore, crocodile as metaphor of insecurity in Nigeria, is smiling because   over the years, it served as abattoir of corruption where monies meant for securities were diverted into personal pocket. Thus, making crocodile an industrial venture of looted security funds and unaccountable “security votes” by government officials.

Crocodile also refers to the situation of insecurity bedeviling Nigeria. Crocodile in Hausa Language is called ‘Kada’ (singular). In plural, the word ‘crocodiles’ is called ‘Kaduna” in Hausa. It is from the word Kaduna that Kaduna State got its name (from a river called Kaduna because it was formerly filled with crocodiles).

When one noticed the level of the lives and property loss in Kaduna State under Buhari, it is factual to conclude that the crocodile has its field day in Kaduna state. The lives lost in Kaduna and the inability or unwillingness of the Government to address it, clearly shows that the crocodile smiles while Nigerians in Kaduna are crying. In Kaduna State Crocodiles are really smiling and Nigerians are in continuous mourning.  The plight of the wailing Nigerians and smiling crocodiles in Southern Kaduna is a scare to the conscience of humanity that the global community is highly interested to address in due time.

Another family of the crocodile that smiles and keep Nigerians weeping is Operation Python Dance. This operation led to the death of many political agitators in Nigeria as well as some innocent civilians.  Most of the victims of operation python dance are Biafran agitators and the innocent citizens of the Eastern Region of Nigeria. By killing the innocent Nigerians through extrajudicial killings the Python has caused its fellow crocodile (extrajudicial killing) happy as such they can smile and dance together, while the Nigerians can continue to weep in pains and count their losses.

However, it is important to note that a very good habitat and ecosystem that is friendly to Python is forest. Nigerians questioned the rational of assigning the Python to go for operation in East where there is less military engagement than Zambisa forest- the hub of Boko Haram. To them it is the misapplication of resources to send Python to operate or constricts its victims in a place where it is not mostly needed.  Even when, the ‘Crocodile’ was sent to Baga in 2014 to fight terrorist, the crocodiles smote Nigerians. As such crocodile smiled and Nigerians cry.

THE HYPOCRISY OF THE CROCODILE  

Crocodile as an animal has been used as metaphor to refer to pretence and   insincerity. For example, the word crocodile tears mean a pretence and expression of sorrow that is not sincere. The insincerity of the crocodile is to the extent that it affected the genuineness of its smile, hence, another phrase never smile with a crocodile. The phrase never smiles with a crocodile means that don’t trust the smile of the crocodile for it is deceptive as its tears. The phrase never smile at a crocodile is derived from a poem titled “Never Smile at a Crocodile” written by Jack Lawrence and Frank Churchill. The first stanza of the poem run as follows:

                           Never smile at a crocodile 

                           No you can’t get friendly with a crocodile 

                           Don’t be taken in by his welcome Grin

                           He’s imagining how well you’d fit within his skin 

The above poem depicts the hypocrisy of Crocodiles, that even when it smiles, it doesn’t mean that things are rosy. Its smile is sheer pretence and deception. Situating that within the context of Nigeria army’s Operation Crocodile smile, one may agree with the writer on whether Nigerian army are happy with the situation at hand. They are not happy with lack of equipment they need to perform their duties. They are not happy with the general security architecture of the nation at large. Facts abound in the instances of mutiny, killing of superiors by their subordinates, suicide and other ways of expressing their dissatisfaction.

Recently, in the ENSARS campaign Nigeria army officer, by name Lance Corporal Harrison Friday, expressed his solidarity with the protesters. This happens when he tweeted via Twitter to his colleagues on operation Crocodile Smile and pleading with them not to shoot ENDSARS protesters. Thus, while other crocodiles are ‘smiling’ on ENDSARS protesters, this ‘crocodile’ (Officer Harrison Friday) refused to smile, instead he cried alongside with other Nigerians. Consequently he was arrested by the Nigerian army on the allegation of cybercrime.

CONCLUSION

The aspiration of every good government is to make its citizens happy. This is done by ensuring the security and welfare of the citizens are prioritized by the government. This should be its ultimate goals. However, where the people are not happy with the government, they have the legitimate rights to express them and government has the corresponding duty to listen to their grievances and not use force on them. Doing so is a repression and crimes against democracy and humanity. It is the dream of this writer that one day in Nigerians will smile together in peace and unity.

The killing of protesters by Nigerian army in Lekki is unconstitutional, barbaric and reprehensible. It is affront to the sanctity of democracy. The use of military to quell civil protest was declared unlawful in the case of   YUSUF V BUHARI (2003) 14 NWLR (PT 841) 446 where the Court of Appeal that:

It is up to the police to protect our nascent democracy and not the military otherwise the democracy might be wittingly or unwittingly militarized. That is not what the citizens bargained for in wrestling power from the military in 1999. Conscious steps should be taken to civilianized the polity and thereby ensure the survival of and sustenance of our democracy.

It is unfortunate to note President Buhari was the beneficiary of the above judgement when he was a citizen. Now that he is the President he chose to neglect the sanctity of the institution that once protected, but deployed military to quell protest- which led to the death of innocent Nigerians. This act on its own is illegality that must investigated.

Nigeria is a democratic state where the rule of law and respect for human rights is supposed to prevail.  The killings of the Lekki Protesters must be investigated and prosecuted.  The culprit must equally be sanctioned for their wrong doing. It is better for President Buhari to deal with those who committed these extrajudicial killings now or the International Criminal Court (ICC) will help Nigerians to get justice.

EXCLUSIVE: The address President Buhari could have given – Chimamanda Ngozi Adichie

NOTE to television broadcasters: please include subtitles to enable all Nigerians hear and understand

Fellow Nigerians,

This is a difficult time for our nation, but together we will prevail.

On Tuesday, October 20th, 2020, in the Lekki area of Lagos, innocent Nigerians exercising their democratic right to protest were attacked by soldiers of the Nigerian Army. Some died. Many were injured. This terrible incidence has no place in our country. The role of the Nigerian Army is to protect the lives of Nigerian citizens.

I condole with the families of those who were killed and with all those who were injured. I have ordered an immediate investigation and have directed that a report be presented to me in the next five days.

As commander-in-chief of the Armed Forces, the ultimate responsibility is mine. This is not a time for vague words or generic promises. This is a time for action and I am determined to bring the perpetrators of this heinous act to justice.

Restitution is an essential element of justice. I have directed that all hospital bills of the injured be paid by the federal government. The families of those who were killed, as well as the injured, will receive compensation from the federal government. This compensation is merely a small way of acknowledging the pain and suffering of innocent citizens. It is not intended in any way to dismiss or minimize what happened. We are already reaching out to identify those who deserve compensation. Our Twitter handle @NGRPresident will release further information shortly.

These are not normal times, and therefore we cannot rely on the old ways of doing things. On October 12th I acknowledged the valid concerns of the Nigerians protesting against the excesses of the Special Anti-Robbery Squad (SARS). But more could have been done. I have now directed, with immediate effect, the arrest of those SARS officers, past and present, who have credibly been accused of extrajudicial crimes. I am presently reviewing recommendations by the Security Chiefs on how best to retrain some officers formerly with SARS. I emphasise SOME, as there are those who are not worthy to serve in any security capacity and will face justice. I assure you that their trials will be fair and open to the public.

Let me be clear that the protests we have witnessed all over this country in the past two weeks were not anti-police, but anti-police-brutality. A democracy must have law and order, but we cannot in the name of law and order abuse innocent citizens.

I am committed to the implementation of extensive Police reforms. The salaries, benefits and living conditions of the Nigerian Police Force and other paramilitary services will be improved with immediate effect. I have directed the National Salaries, Income and Wages Commission to expedite the process and ensure that the implementation begins by October 30th 2020.

Let me pay tribute to officers of the Nigeria Police Force who have tragically lost their lives in the legitimate line of duty. I condole with their families. The federal government will give all assistance to the bereaved in a speedy and dignified manner.

Reports of vandalism and looting in such places as Lagos, Enugu and Rivers are partly the result of thugs who have infiltrated the legitimate protests in order to further their own nefarious goals and partly the actions of legitimately aggrieved citizens who have unfortunately decided to unlawfully express their anger There will be zero tolerance for any damage done to the lives and property of citizens.

Let me also acknowledge that mistakes were made in the security provided during the protests. Thugs should never have been allowed to infiltrate the protests. There were failures of policing during the protests.

Some innocent people were arrested while thugs were allowed free reign. I have ordered the immediate release of any Nigerian citizen arrested for lawfully participating in the protest while reinforcing our zero-tolerance policy for those engaging in vandalism.

For two weeks, the protests occurred lawfully, without violence and damage to property. To those Nigerians who suspect that the sudden change in the tone and manner of protests is a result of unscrupulous thugs being paid to disrupt the protests and create chaos, I assure you that your suspicions will be fully investigated.

The choice to demonstrate peacefully is a fundamental right of Nigerian citizens. It is a right that all Nigerians remain free to exercise.

I enjoin all Nigerian citizens to keep in mind that ours is a diverse but united nation. Any appeals to ethnic sentiment must be resisted. Any attacks on people based on ethnicity must be rejected. Whether from the north or from the south, from the west or the east, we are Nigerians. As Nigerians, we must unite against forces that threaten our democracy.

Some states have set up curfews to maintain law and order, but a curfew without security is a threat to the lives and livelihoods of Nigerians. I will work with state governors to ensure that there is adequate security in all the states of the federation.

I would like to thank those state governors, traditional, religious and youth leaders who have not only appealed for calm but have taken actions to identify with the legitimate grievances of their people.

Next week, I will address you again and update you on the ongoing plans to restore our country. I believe that with political will, justice is always achievable. I refer to the truism that there can be no peace without justice. Today I pledge to you my commitment to justice and to peace.

Thank you all. God bless the Federal Republic of Nigeria.

VIDEO: #EndSARS – Emotional Moment a Young man Stopped Hoodlums from Destroying Properties in Lagos

A Nigerian filmmaker, Ideh Chukwuma has been spotted in a viral video stopping an angry mob from destroying properties in Lagos. The Nigerian man who insisted that the mob will have to kill him first before setting any property on fire, encouraged them to protest without destroying any property. He also wondered what they are fighting for if they will burn down their city. Chukwuma also asked the mob why they are killing policemen since they claim they are fighting to also improve the lives of security operatives.

Watch the Video Below:

#EndSARS: Femi Adesina Blames Churches, Mosques

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The Special Adviser to the President on Media and Publicity, Femi Adesina, has blamed churches and mosques as well as some sections of the media for promoting messages of hate.

He added that the #EndSARS movement was a vehicle of hate messages.

The President’s spokesman said this in an article titled, ‘If Nigeria Dies, Hatred Killed Her’.

Adesina wrote, “The EndSARS campaign began as an agitation against police brutality, in which there was unanimity of purpose. And suddenly, it became a vehicle of hate, against leadership, against national cohesion, an opportunity to settle political scores, and equally, prepare for a power grab in 2023. Hatred came into the mix.”

Several influential clerics, including the General Overseer of the Redeemed Christian Church of God, Pastor Enoch Adeboye, had openly expressed support for the #EndSARS protests even as the RCCG posted a video and stories of some of its youths that were victims of police harassment.

However, Adesina said many churches and mosques used the campaign to spread messages of hate and division.

The President’s spokesman added, “When things boil over in graphic demonstration of hatred, it is a culmination of negative sentiments and tendencies. They come in persistent negative postings on social media, which generate and stimulate hate.

“From hateful messages from the pulpit, as if that was the message of love, Jesus Christ handed over to his followers. From unduly critical messages during Jumat services. From radio and television programs, in which bile is spewed. From talk shows which become a harangue of government, newspaper articles and columns tailored to instigate and generate dissent, and the like.

“Eventually, all culminated in hatred, which finds expression in genuine causes like the EndSARS campaign. When things boil over, they leave sorrow, tears and blood in their wake, as we have seen. And who suffers? The whole country. Who bleeds? Nigeria.”

Adesina said the agitation by youths against injustice and oppression suddenly took on a variegated nature.

He added that separatists came under the umbrella and began to advance their cause, working for the dismemberment of the country.

“Those beaten black and blue in the 2015 and 2019 elections also crept in, and asked for their pound of flesh, while also plotting for a return to power in 2023,” the President’s aide said.

Adesina expressed shock over the sudden turn of events which led to killings and the destruction of public property.

Taking another swipe at religious institutions, he wrote, “HatredHatred is evinced from many quarters for Nigeria, and for its government and people at any given time. It comes from churches, mosques, professional activists and agitators, interest groups, some elements in the media, so-called analysts who never see anything good, and so on.”

Adesina claimed that President Muhammadu Buhari had discussed with him how he was impressed with the then Inspector-General of Police, Solomon Arase, and the reforms he was implementing in the institution.

He, however, did not say why Buhari failed to extend the tenure of Arase despite his achievements.

The President’s spokesman added, “The President told me how much he had been impressed with Arase, and how he regretted that the man spent just about a year with him. He then told me about the police of his dreams, and how he wished he got someone who would translate the vision into reality.

“So, when the President said in a speech to the protesters last week that comprehensive police reform was coming, I knew what he had in mind. If only we would be patient and let him implement the five-point demand of the protesters, which he had accepted. But alas, the protest took another hue and nature, different from the original concept and focus. Hatred crept in, nurtured by all sorts of tendencies.

Nigeria Sars protest: The misinformation circulating online

Protests began earlier this month in Nigeria calling on the authorities to abolish a controversial police unit called the Special Anti-Robbery Squad (Sars).

The story has started trending globally, with thousands of posts on social media, but not all of them factual.

We have looked at some of the misinformation that has spread online.

The woman protestor whose brothers were not killed by the police

A striking image of a woman called Ugwu Blessing Ugochukwu crying while holding a folded Nigerian flag, and sitting on top of a statue have been widely shared on Twitter.

Screen shot of social post labelled False

The image is real, and she had joined protests in south-eastern Nigeria. But as the image was shared, people started adding misleading information.

“Not one brother…3…on the same day…killed and dumped in a well,” a widely-circulated reply to one of the posts with the image said, claiming she’d lost family members at the hands of the police.

When we contacted a spokesperson for Ms Ugochukwu called Gideon Obianime, he told us this was not true.

He said Ms Ugochukwu herself was briefly detained by Sars forces in 2018, but although she has brothers, none of them had been killed by Sars forces.

“I think people started adding assumptions to the photo. She has been getting a lot of backlash [over this],” Mr Obianime told the BBC.

Carrying the national flag will not protect you from the army

Screen shot of Facebook post labelled misleading

This unproven claim has gone viral – that a soldier cannot shoot someone holding the Nigerian flag.

It’s been widely shared on Twitter, Facebook and Instagram, with some suggesting there’s an unwritten military code to that effect.

The claim appears to have originated from a screenshot of a conversation, in which someone says they were told this by their dad, a retired army officer.

Someone replies saying: “I think this is military code… You guys should repost so protesters will see.”

However, there’s no evidence for this, and some accounts have since deleted their posts after other online users pointed out it was misleading.

Onyekachi Umah, a lawyer in Nigeria, told the BBC there were laws about respecting the national flag, but added: “Just the fact that someone is holding the flag would not mean they [the army] cannot act.”

We have asked the army to find out if the practice is not to target any person holding the flag, but they have yet to respond.

However, a Nigerian journalist told us they had asked a former senior officer about this, and had been told no such practice existed.

No, a senior Nigerian official didn’t call the protests ‘child’s play’

Screen shot of Twitter post labelled misleading

A few days into the protests, a video was posted online showing one of President Muhammadu Buhari’s advisers, Femi Adesina, apparently referring to them as just “child’s play”.

Many interpreted this to mean the president’s adviser was dismissing the protests.

Alongside the video was a message: “If you are not angry enough, I hope this video helps you.”

But the video is old and has been edited out of context.

It relates to a different set of protests held two months ago – and has nothing to do with the Sars issue.

At the time, Mr Adesina had been on a local TV station talking about those protests. But the video posted on Twitter has been edited to remove the introduction, which would have given the proper context.

The TV station concerned, Channels TV, has now issued a clarification about the video.

And Mr Adesina himself has released a statement, thanking the station for the clarification, and saying that the misleading video led to his phone being “bombarded…. with curses, expletives, and messages from the pit of hell”.

The ‘fake’ shopping mall incident that wasn’t fake

A screenshot of a tweet claiming a video was an old video

And now for an example of something being called out as fake that did happen – although exactly who was involved is not clear.

A video showing looting and violence at a shopping mall in south-west Nigeria’s Osun state over the weekend became the subject of accusations and counter-accusations about links to the anti-police brutality protests.

The short video was posted by a Twitter account belonging to the All Progressives Congress UK – a group allied to Nigeria’s ruling party – alleging that protesters linked to the anti-Sars movement were looting.

But some online users supporting the anti-Sars protests were quick to dismiss the video.

They said it was not related to Sars protests, but from the retaliatory attacks last year against South African-associated businesses after Nigerians had been targeted in South Africa.

Others claimed the video was staged.

From the video, some shops in the location can be clearly identified and we found they match photos posted on the Osun Mall website.

The BBC spoke to one of the shop owners and someone who witnessed the attack, who confirmed it took place.

Also, this mall only opened in December last year, some months after the xenophobic attacks – which rules out the video being from then.

We have contacted the state police to try to find out who was involved in the incident, but have yet to receive a response.

Nigerian Catholic bishops and an anti-Sars protest

A tweet which used an old photo of Nigerian Catholic bishops on a march

A tweet that has been re-tweeted thousands of times falsely claimed that Catholic bishops had marched in support of the protests.

The tweet included a photo showing bishops among a procession of people, most of them wearing black, with some carrying placards.

But this photo is old.

A reverse image search shows it is from March, when the Catholic Bishop’s Conference of Nigeria (CBCN) led a protest in Abuja against killings and kidnappings in the country.

The umbrella body of Catholic Bishops in Nigeria has issued a statement supporting the Sars protests, but they have not physically joined in any protests.

Additional reporting by BBC Monitoring’s Linnete Bahati and BBC Africa’s Yemisi Adegoke

Can A Person With A Nigerian Flag Be Shot Or Killed?

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Daily Law Tips (Tip 682 ) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

 Introduction: 

Recently in social media, there has been a claim that a person displaying a Nigerian Flag, cannot be shot/injured or killed by the Nigerian Army or any law enforcement agent. Some say it a special code within the military and para-military. This work unveils what the Nigerian law says about relationship between a person with a Nigerian Flag and the law enforcement agents (including the military and the para-military). It considers the Right to Life and Dignity; Lawful killing; the Legal Framework of the Nigerian Flag; Patriotism and the Nigerian Flag; Shootings/Killings and the Nigerian Flag; the Interaction of “Obeying the Last Command” with human Rights and ends with a Recommendation. 

The Right to Life and Dignity: 

All persons in Nigeria have a right to life. No person in Nigeria can be tortured, dehumanized, cut, punched, shot or killed by any other person. So, ordinarily, no law enforcement agency, military or para-military can torture, shoot or kill any person in Nigeria. The Right to Life and the Right to dignity of all persons in Nigeria are among the fundamental human rights contained in the constitution of Nigeria. 

It is important to mention that fundamental human rights are the natural entitlement of persons, they are legally provided by law and cannot be ordinarily denied by any person or government. Fundamental human rights are basic, elementary, mandatory, compulsory and unshakable entitlements of persons. Fundamental human rights are never purchased rather acquired by being a person (human being or corporate being). 

Who Can Be Lawfully Shot/Killed in Nigeria?

Although the fundamental human rights of persons are golden, they are not absolute and unbendable. There are constitutionally approved restrictions to the fundamental human rights but never a lawful violation of human rights. 

The Right to life and Right to Dignity of persons in Nigeria are fundamental human rights that must be respected by all persons (including, government, the military and paramilitary.) However, the constitution of Nigeria allows fundamental human rights to be restricted in certain rare circumstances with strict adherence to certain constitutional procedures.

In the constitution of Nigeria, there are special circumstances when the Right to Life of any person in Nigeria can be lawfully restricted/suspended. In other words, there are special conditions where a person in Nigeria can be lawfully killed. The only circumstances where the constitution of Nigeria allows the right to life of a person to be deprived are; 

  1. Where there is a valid order of court in respect of a criminal case, ordering that a Convict be executed (killed). It is only a court of competent jurisdiction in Nigeria, after hearing a criminal case, that can convict a defendant and sentence the defendant to death. Example is where a person has been found guilty of murder by a State High Court after hearing a criminal case, the court have sentenced the murder to death, to be killed by hanging. 
  2. Where a person is killed by another person in self defence or in defence of another person or in defence of a property from unlawful violence. A person can be lawfully killed, where the person killed in applying unlawful violence to another person and the killer acted in a reasonable defence. The killer must prove that the killed person was applying unlawful violence (like, shooting at the killer) and that the killer had no other reasonable option apart from applying similar violence. For example, an armed robber that shot several times at a victim and somehow the victim retaliates by throwing a knife that killed the armed robber. It is important to note that where a man is slapped and in retaliation, he used an axe on the slapper, the action of the man is not reasonable and equal. This is the exception that permits the law enforcement agents to shot and kill armed criminals during exchange of bullets/fire, where there are no reasonable means of arresting such armed criminals. 
  1. Where a person is killed during a lawful arrest or in a process to prevent the escape of a lawfully detained person, so far as a necessary reasonable force is applied. The circumstances of each case matters and more importantly, the concerned law enforcement agent must be highly professional and must have exhausted every other reasonable option. For example, a law enforcement agent should not shoot a handcuffed suspect merely because the suspect was kicking the law enforcement agent with his legs, when the law enforcement agent could have tied the legs. Hence, only very reasonable minimal force is acceptable. 
  2. Where a person is killed from a reasonable and necessary force applied by law enforcement agents to suppress riot, insurrection or mutiny, it may be a lawful killing. During riot, insurrection or mutiny the law enforcement agents can apply reasonable force as may be necessary to end such act, and any death resulting from such is not a violation of the right to life. 

For avoidance of doubt, under the Criminal Code (a criminal offences law that operates in the Southern part of Nigeria) “Riot” is loud, confusing and disorderly gathering of three (3) or more persons that are disturbing the peace and safety of others. Under the Penal Code (a criminal offences law that operates in the Northern Nigeria), “Riot” is where force or violence is used by an unlawful assembly (a group of 5 or more persons with a common desire to intimidate government, public officer, law and to commit crime). 

“Insurrection” is a violent up rise against the government. “Mutiny” is an up rise and revolt or coup against leadership, authority and government by the members of the military. Obviously, a peaceful protest is not a riot, an unlawful assembly, insurrection or mutiny. Consequently, peaceful protest is not any of the circumstances where there can be any lawful or justifiable shootings and killings. 

Hence, apart from the above four (4) circumstances, there is no room, excuse or permission for any person whatsoever to shot or kill any person in Nigeria. Any killing outside the above 4 circumstances is an extra-judicial killing and should be prosecuted in court. Also, claims that any killing was done under any of the 4 circumstances should always be thoroughly investigated to avoid abuse and to promote justice. 

The Nigerian Flag:

The Nigerian Flag is the official Flag of the Federal Republic of Nigeria. The National Flag was designed by Michael Taiwo Akinkunmi and officially flown on 1st October 1960, although it was adopted in 1959. It is made up of two colors; Green and White. “The green panels represent agriculture; the white stands for peace and unity”.

The National Flag can be flown in a public place in any part of Nigeria. Any person that intends to fly or display the National Flag in any public place needs the approval (license) of the Federal Minister of Interior Affairs, unless the National Flag is being displayed or flown to show patriotism and support for Nigeria. 

Hence, the National Flag can be flown and displayed in any part of Nigeria and in a private or public place without any permit/approval, in a show of support for Nigeria. It is safe to assume that no law enforcement agency can arrest any person that is patriotic and supportive of Nigeria. The term “Public Place” includes any highway, wharf, street, bridge, parks, and thoroughfares, among other places. 

Patriotism and the Nigerian Flag:

Patriotism is a strong and passionate support for one’s country. A patriotic Nigerian is a Nigerian that selflessly supports and promotes Nigeria. The constitution of Nigeria has given six (6) duties of any Nigerian in any part of the world. 

The first of the 6 duties of every citizen of Nigeria, is to “abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, the National Pledge, and legitimate authorities”. This shows how important the Nigerian/National Flag is to Nigeria and every citizen of Nigeria. Click this link to read more on the 6 duties of Nigerian; <https://learnnigerianlaws.com/six-duties-of-all-nigerians-in-any-part-of-the-world-daily-law-tips-tip-402-by-onyekachi-umah-esq-llm-aciarb-uk/>

By a federal law (the Flag and Coats of Arms Act), there are special duties expected of any person in possession of the Nigerian Flag. Among them are; the National Flag cannot be flown or displayed on the same staff (pole, pipe, stick or rod) or cross bar with the flag of any other State, or the flag of any other country. Also, the national flag must not be dirty, tattered, defaced and torn when displayed or flown. 

Shootings/Killings and the Nigerian Flag:

As earlier mentioned, the only time a Nigerian (National) Flag can be used, flown or displayed without a license from the Minister of Interior Affairs in any public place, is where the flag is being used to show support and patriotism for Nigeria. However, the Flag and Coats of Arms Act states that the duty of proving that a Nigerian Flag is being used to show patriotism is on the user of the flag. This is understandably, after all, not even the devil knows the intention of any man. It is possible that one may hold a Nigerian Flag and still not be supporting Nigeria. Support to Nigeria is a state of mind that must be proved by any person that claims to be patriotic by his actions and inactions, aside holding the Nigerian Flag. 

However, whether a person that is holding the Nigerian Flag is patriotic or not, such a person has fundamental human rights. After all, fundamental human rights are for Nigerians and foreigners. Also, whether a person is holding the Nigerian Flag or not, he/she has fundamental human rights. These include the right to life and the right to dignity of human person. 

However, whether a person is carrying a Nigerian Flag or not, where a person commits any offence, the person must be arrested, charged to court and prosecuted. It is left for the court to hear the criminal case, convict the person and where necessary, sentence the person to death. Hence, the law enforcement agents, the military and para-military have no right to shot or kill any person, whether the person is carrying/holding the Nigerian Flag or not. 

Where there is a peaceful protest there is no offence. Whether peaceful protesters have the Nigerian Flag or not, the fundamental human rights of the peaceful protesters must be respected and protected by all persons, including government, the law enforcement agents, the military and the paramilitary. 

Where there is a riot, the government and the law enforcement agents are constitutionally allowed to apply and use necessary and reasonable force to quench the riot. In doing so, the reasonable force my affect the lives of rioters. Riot is not a peaceful protest and while government can use force on rioter, government should never use force on peaceful protesters. 

While fundamental human rights can be restricted and suspended by government in stopping riots, no fundamental human right should be suspended during peaceful protests. Rather peaceful protest should be encouraged and the peaceful protesters protected at all times. 

“Obeying the Last Command” and the Fundamental Human Rights: 

Most people believe that law enforcement agents, the military and the para-military that violate fundamental human rights cannot be punished, since they are often just obeying the orders of a superior officer. This is incorrect, very wrong. 

By a federal law made in 2017, known as the Anti-Torture Act, any officer in the forces, the military, the Police or any formation whatsoever, has the right to reject and refuse any order from a superior that will violate the fundamental human rights of any person. Hence, the code of “Obey the Last Command”, “Obey Without Complaint” or “Obey First” no longer matter. Rather they have now turned to; “Obey the Last Command that is Lawful”, “Obey Without Complaint, if the Order is lawful” and “Obey First, when the Order is Lawful”.

By the Anti-Torture Act 2017, an order from above, from superior officers, authority, even from the president of Nigeria, for the torture of any person is not a justification for torture. Rather the superior officers, the lower officers and all other persons involved in torture are punishable upon conviction with up to 25 years imprisonment.

Shooting and Killing are torture. Where there is torture by any security, military or para-military agency, the immediate commanding officer in-charge of the unit/department that committed such offence of torture will be held liable as an accessory to the crime, for any act or omission or negligence on his part that may have led to the commission of torture by his subordinates/colleagues. Any person that witnesses or is present when torture is being conducted is as liable as the person that conducted torture. Such witness is deemed as having participated in the torture. This applies to any person; military, para-military or civilian!

By the Anti-Torture Act 2017, any form of torture is an offence and a court can punish an offender with imprisonment for not more than 25 years, without an option of fine. Where torture leads to death, the violator will be tried for murder. The punishment for murder is death. Also, with internal disciplinary measures, the concerned police officer may lose his job too.

Recommendation and Conclusion:  

Fundamental Human Rights are self-sufficient and they do not need the Nigerian Flag for them to be respected by any person. Irrespective of whatever any law enforcement agents, the military and para-military are taught, they must respect fundamental human rights of all persons in Nigeria even as they respect the Nigerian Flag. Both the Nigerian Flag and the fundamental human rights in Nigeria are created by the constitution of Nigeria. There is no reason to violate the constitution of Nigeria. If there must be a restriction of any fundamental human right, such restriction must be in line with the constitution of Nigeria. 

Where there is a violation of fundamental human rights or an unlawful restriction of fundamental human rights, the victim or the supporters of the victim should approach a State High Court or the Federal High Court for adequate remedies/compensation. It is easy and fast to get judgment in such cases, because they are urgently treated. Just engage the services of a good lawyer. 

My authorities, are:

  1. Section 1, 2, 3, 24, 33, 34, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
  2. Sections 2, 7, 8 and 14 of the Anti-Torture Act, 2017.
  3. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the Flag and Coats of Arms Act, 1960
  4. Sections 1, 2, 3, 4, 69, 70, 71 and 72 of the Criminal Code Act, 1916. 
  5. Sections 1, 3, 4, 5, 100, 105, 106 of the Penal Code Act, 1960
  6. The judgment of the Supreme Court of Nigeria (on meaning and nature of fundamental human rights) in the case of RANSOME-KUTI & ORS v. AG FEDERATION & ORS (1985) LPELR-2940(SC)
  7. The judgment of the Supreme Court of Nigeria (on meaning and nature of fundamental human rights) in the case of AGBAI & ORS v. OKOGBUE (1991) LPELR-225(SC)
  8. The judgment of the Supreme Court of Nigeria (on when and why fundamental human rights can be restricted/suspended) in the case of DOKUBO-ASARI v. FRN (2007) LPELR-958(SC).
  9. Onyekachi Umah, “Six Duties Of All Nigerians In Any Part Of The World” (LearnNigrerianLaws.com, 28 August 2019) <https://learnnigerianlaws.com/six-duties-of-all-nigerians-in-any-part-of-the-world-daily-law-tips-tip-402-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 20 October 2020. 
  10. A. Igoni Barret, “I remember the day … I designed the Nigerian flag” (Aljazeera, 3 September 2015)<https://www.aljazeera.com/program/episode/2015/9/3/i-remember-the-day-i-designed-the-nigerian/ > accessed 20 October 2020. 
  11. Onyekachi Umah, ”Can Any State In Nigeria Own A Flag And Fly It Instead Of The National Flag?” (LearnNigerianLaws.com, 7 November 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-222-can-any-state-in-nigeria-own-a-flag-and-fly-it-instead-of-the-national-flag/ > accessed 20 October 2020. 
  12. “Federal Republic of Nigeria” (FOTW, 10 October 2015) <https://fotw.info/flags/ng.html > accessed 20 October 2020.
  13. Onyekachi Umah, “Is Obeying “Orders From Above” A Defence For Torture In Nigeria”, (Daily Law Tips [Tip 409]) <https://learnnigerianlaws.com/is-obeying-orders-from-above-a-defence-for-torture-in-nigeria-daily-law-tips-tip-409-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 5 October 2020. 
  14. Onyekachi Umah, “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency (Daily Law Tips [Tip 539]) <https://learnnigerianlaws.com/human-rights-that-can-never-be-restricted-even-in-war-pandemic-or-state-of-emergency-daily-law-tips-tip-539-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 18 October 2020.
  15. “Demand justice for Police Brutality in Nigeria” (Amnesty International) <https://www.amnesty.org/en/get-involved/take-action/nigeria-end-impunity-for-police-brutality-end-sars/> accessed 5 October 2020.
  16. Onyekachi Umah, “Any Security Agency’s Manual/Protocol That Allows Torture Even For National Security Cases Is Unlawful And Its Officers Are Liable”, (Daily Law Tip [Tip 412] <https://learnnigerianlaws.com/any-security-agency-s-manual-protocol-that-allows-torture-even-for-national-security-cases-is-unlawful-and-its-officers-are-liable-daily-law-tips-tip-412-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 5 October 2020. 
  17. Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (Daily Law Tips [Tip 537]) <https://learnnigerianlaws.com/does-the-president-governors-have-powers-to-lockdown-any-part-of-nigeria-or-restrict-human-rights-daily-law-tips-tip-537-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 18 October 2020. 
  18. Onyekachi Umah, “When and How Can Government Prohibit Protest In Nigeria” (LearnNigerianLaws.com, 19 October 2020) <https://learnnigerianlaws.com/when-and-how-can-government-prohibit-protest-in-nigeria/ > accessed 21 October 2020.
  19. Onyekachi Umah, “What Is The Punishment For Any Person Including Police Officers That Tortures Another Person”, (Daily Law Tip [251]) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-251-what-is-the-punishment-for-any-person-including-police-officers-that-tortures-another-person/> accessed 5 October 2020.
  20. Peter Mwai, “Nigeria Sars protest: The misinformation circulating online” (BBC News, 23 October 2020) <https://www.bbc.com/news/world-africa-54628292 > accessed 23 October 2020.

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Bola Tinubu: The fall of an emperor at Lekki Toll Gate, By Dr Bolaji O. Akinyemi

It is the gamut of corruption that Lagos has become and must be sustained that the crowd at the Lekki Toll Gate must be dispersed to keep the money flowing.

Bola Ahmed Tinubu began his political career with an understanding that reflects the popular Yoruba saying: “eniyan bo ni lara ju aso lo,” meaning: “People cover nakedness far better than clothes.

That was the soil in which this political iroko seed was planted. His growth was rapid from Coker Street, Orile-Agege, Lagos, his branches spread across Lagos West and his senatorial leaves were plucked with ease. Bola Tinubu was in touch with the people. He connected with the streets and conquered the grassroots with the help of Iya loja Emeritus, his mother Alhaja Abibatu Mogaji.

He was really in the good book of the people.

He understands the enormity of the influence of the market unions and associations in the Nigerian politics and positioned his daughters to understudy his mother.
But after her demise, he singlehandedly imposed his daughter on persons who reserved the rights to step into the shoes of his mother, having served the interest of Oja along with the late mama before the daughter was even born.

For me this was the point at which Tinubu lost it. He tore the cloth that his mother bequeathed to him with his greedy approach to leadership. Today he is regaled with clothes on. Yet, he is unfortunately naked before the people.

Tinubu’s presence in the Senate during Babagida’s democratic experiment was exceptional. Exploits from his immediate constituency of corporate stewardship came on hand. He was the most literate expert in the ICT and he brought it to bear.

Bola Ahmed Tinubu was ahead of his peers so much that no one in his Senate class commanded the pedigree of his influence in Nigeria today.

His identification with the people when Babagida dashed our hope through the annulment of the only free and fairest election ever conducted in my lifetime, consolidated Tinubu’s political relevance among the people.

NADECO became a necessity and Tinubu was very much on ground to serve till our democracy dream became a reality in 1999.

His return to the country was rewarded by the Alliance for Democracy (AD) leadership which stepped down Lagos political juggernaut of that time in the person of Funso Williams.

Tinubu was smart and skilful in the game. Like the fig tree, his tentacles have spread across Lagos and interlocked with roots of other political shrubs and trees. As it now, he has, indeed, become a difficult tree to uproot.

In torrents, allegations came like storms which include running a drug cartel, “Toronto certificate” of his very questionable Chicago life style. But non could be used to pin nor nail him because before the court of the people, Tinubu stood guiltless.

But in the twinkling of an eye, the veil of deceptions that had covered a “sin full man” and made him look like the saviour of the masses is currently being torn to shreds before a court of competent jurisdiction.

Apara put his nails to the sinful garment of Bola Tinubu to unmask the bandits and his gang who have been ‘raping’ Lagos, the Centre of Excellence’ since two decades. The fleecing of Lagosians has been institutionalised with craftiness so much that the victims hail their oppressor to high heavens. They are even calling him out to come rape Nigeria in 2023.

Alpha Beta is a revelation, a conduit for Tinubu’s illegal empire. Through it, the emperor’s palace had remained connected and serviced directly with 10% of all the taxes that Lagos State Inland Revenue (LIRS) generates which go to this company’s fiat.

lt is after they had taken their own 15% share that they would then remit the rest to the Lagos State account.

A sad reminder were the days of Abacha in power when the duties of the Federal Inland Revenue were taken over by private companies and certain individuals were made billionaires over night. The ATM machine that Abacha has become in death is not unconnected to the impunity that was prevalent with our taxes and revenue generation.

The absurdity of Tinubu’s banditry is so embarrassing that the Lagos State Water Corporation is serving as their headquarters. It is left to imagination whose tenants they are and to whom their rents are being paid.

Mr Dapo Apara, a Nigerian chartered accountant, opened the can of worms when he accused the former governor of Lagos State (Tinubu), a consulting firm, Alpha-beta, and a former commissioner in the state, Akin Doherty, of money laundering, fraud, tax evasion and sundry corrupt practices.

In a writ of summons deposed to at a Lagos high court, Apara had claimed that Tinubu and Alpha-beta reneged on certain agreements reached in the past about the management and control of the consulting firm.
The silence on this issue by the masses in Lagos is the justification of the sophistication of Edo over Lagos which resonated with the “Edo No be Lagos slogan.

Witnessing a protest from the state against church tithe, that silence greeted payment of 10% of our commonwealth to an individual and his cronies is a hard one to swallow.

But things took a dramatic turn for the emperor and his empire after the Edo election. If Lagosians had chosen to look away from his humongous financial fraud allegations against their state, would they do same against the blood of their children being gruesomely murdered in the wake of the endSARS protest?

Apara’s allegations were not unconnected with the fraud that Lagos Concession Company is to Lagos. The company which runs Lekki Toll Gate was said to be making N12 million naira a day. Even if you are poor in Arithmetic, a simple multiplication of that figure by 365 days will leave you with N4,380,000,000; reason our children must be evacuated with the barrel of gun to keep their business running.

Tinubu, who couldn’t appear before the court to respond to Apara’s allegations tweeted that the protest would be met with fierce force if the protesters refused to call off the protest.
But a reliable source said he was in Abuja on Monday, 19th of October, 2020.
This translates to a Yoruba saying: “Aje ke lana omo ku leni, tani omo pe aje ana lo pa omo je,” which means: “The witch cried yesterday and the child died today. And who would not conclude that the witch that cried killed the child?

If Tinubu tweeted from Abuja about a fierce force, and Sanwo-Olu declared a 24 hour curfew in less than 4 hours and warned strongly; “nobody must be found outside”, that for me is a shoot at sight order. Preparing ground for the order, LCC removed the CCTV camera and put out the light, Buhari as the Commander in Chief of the Armed Forces completed the job, turned guns at innocent youths, that moment the legitimacy of Sanwo-Olu as Governor and Buhari as President was lost. Reacting, Sanwo-Olu said the evil was perpetrated by forces beyond his control. Official Buhari is beyond his control, unofficially Tinubu as the Emperor of Lagos also is. We need not ask for clarification the forces beyond his control are known.

To one of the youths made a call, and told him they learnt he was out of the country to France to be precise and asked how true it was, Tinubu responded: “IT IS ALMOST TRUE.”

It is left to Lagosians what to make out of the response. Tinubu seems to be inferring that he is neither on the FALSE nor TRUE lane. This is a reminiscence of Babagida’s principle of maradona leadership … a little to the left and to the right. Tinubu’s maradonic spell blinded the people. He was almost always true that 150 billion naira as a part of our collective commonwealth is paid as tithes to a man who is neither a pastor or our general Overseer.

The conspiracy that has cemented Lagos’ loyalty to Tinubu needs to be visited. Why did erstwhile Lagos governor, Babatunde Raji Fasola (SAN), looked away from this embarrassing illegality during his eight years tenure?

The role of vice president and man of God, the then attorney general of Lagos State drafted and supervised all legal agreements and frameworks, while all these were being perpetrated should be made clear.

It is the gamut of corruption that Lagos has become and must be sustained that the crowd at the Lekki Toll Gate must be dispersed to keep the money flowing.

But his hope of ever ruling this country was buried at the toll gate on Tuesday 20: 10: 2020.

In memory and honour of our children that were gruesomely murdered, I think #endTollgatecollection at the Lekki Toll Gate should be declared. May I further propose the renaming of the toll gate as ‘Gate of Blood’ so that our unborn generations may know that it was at that ‘jungle’ that the shackles were broken upon the legs of Lagos and the yoke of Buhari’s brutality upon the neck of our nation was removed.

Upon the blood of our slain, a new Nigeria will rise.

Nigeria, Where Are We Going?

By Muiz-Banire, SAN

For more than a week now, the youths in the country have taken to the streets for one reason or the other, ranging from the excesses of the defunct police squad, code-named, Special Anti-Robbery Squad (SARS) to the insecurity in some parts of the country; the most prominent aspect of the struggle being the campaign against the retention of SARS in the country. Recall that, after some procrastination by the Inspector-General of Police (IGP), Muhammed Adamu, there was presidential intervention, leading to the disbandment of the squad. This disbandment, it was thought, would lead to the cessation of the protest but, alas, it appeared to be the commencement.

Regrettably, the IGP, hastily, in my view, announced a new outfit called Special Weapons and Tactics team (SWAT). Days after the announcement of the scrapping of the squad and the establishment of the new outfit, five new demands were made by the protesters. The government, in response, accepted all the demands of the youths. Still, the protests persisted. The question on the lips of all, therefore, is how the protests can be stopped or brought to an end.

Let me state, as reflected in my several write-ups in the past, the state of the nation could largely be attributed to the docility of Nigerians generally. This is not strange, however, if we countenance the warning of one of my favourite philosophers, John Stuart Mills, when he said, “All it takes for a nation to decay is for the good people there to keep quiet.”

The Yoruba replica says, Aile s’oro ni ipile oriburuku. The replica in Igbo language being, Okooha fu Elwupuhu Ona aza OKPURUKPU, which means, if an elder keeps quiet when things go wrong, he also suffers from same leprosy and will pay the price too.

Thus, the state of the country today cannot be divorced from the docility of Nigerians generally. While the rising up of the youths is commendable, particularly in the face of the impotence of the labour movement and the death of student movement in the country, a lot is still desired from the protesters. Let me confess that, prior to the protest, I seemed to have lost hope in the system, thinking the Nigeria situation was irredeemable. With the singular act of the youths in the past few days, I believe that there is now hope. I am not too sure that there is any nation that progresses where the citizens are docile. By the protest, the youths have succeeded in re-establishing the sovereignty of the people.

This is a clear demonstration of the fact that power belongs to the people and not the leaders. The donated power can always be recalled anytime the people deem fit. The signs for my optimism range from the acceptance of the protest by the government as genuine, to the civil manner of handling it, except for the latest Lagos massacre, which I shall address in my next column. In fact, the Presidency continues to acknowledge the right of Nigerians to peaceful protest. This, to my mind, is commendable and a good omen for the nation. Protest, as a feature of democracy, enhances the delivery by the leaders, as they cannot claim monopoly of wisdom. Citizens add value to the act of governance through the expression of their views. Secondly, the tendency of leaders to abuse power is often checked by the people in this manner. As a British historian of the late 19th and early 20th centuries, Lord Acton, said, “Power corrupts, absolute power corrupts absolutely.”

Against this background, therefore, there must always be a check against the intoxicant nature of power, if society must not descend into authoritarianism. This underscores the pre-eminence of the rule of law in society.

There cannot be institutions, much less, strong institutions, in the absence of the rule of law. The alternative to the rule of law is the rule of man, which breeds nothing other than anarchy. The role of the followers or the governed, consequently, ought to be checks on the system, particularly in terms of accountability and probity. Beyond this demand for accountability for the mandate given to the leaders, citizens must continuously engage the government to ensure transparency. Peaceful protest is a tenet of democracy and a right that cannot be circumscribed. In fact, in some climes, it leads mostly to conduct of referendum over issues. Unfortunately, the right of protest, as pivotal to democracy as it is, has been stifled in NIgeria, thereby crippling the growth of the country. Democracy demands the triumph of the majority’s position over that of the minority, no matter how unsound and uninformed such opinion is.

This is because democracy is a popularity contest and not an intellectual debate. It is a fault of the system but it is still recognized as the best form of government so far despite its imperfections. That the Nigerian youths are not doing anything extraordinary or unusual can best be appreciated if we recall the experiences of other nations in recent times.

We are all living witnesses of the events that started in Tunisia, which, subsequently, spread to Egypt, Libya, Yemen, Syria, Bahrain and other Middle East countries, today known as the Arab Spring. The youths in those countries were the triggers in what today changed the complexions of their nations. Remember the struggle in those countries were against oppressive governments, police corruption, economic struggle and widespread human rights violations. Also, remember the International Indigenous Youth Council in Dakota, where the young activists altered the course of events in that country. A recent instance is also the Black Lives Matter movement in Ferguson, Missouri, which culminated into a country-wide protest in the United States of America against the aggression of the police against Blacks.

Sam Brannen, in his article, ‘The Age of Leaderless Revolution,” had this to say, ‘citizens’ grievances are many but share a common theme: the failure of ruling elites and political institutions to meet expectations of dignity and betterment.

Protesters are frustrated with perceived corruption and economic inequality. Often young, angry, and urban, protesters are not an organised opposition proposing the substitution of their party or ideology for an existing one but a leaderless movement demanding their voices are heard. In some cases, protesters’ demands are clear; more often they are muddled. Across the board, the aggrieved want change in systems that feel outdated, broken, or non-responsive’. This mission of the Nigerian youths, however, suffers from the affliction of absence of leadership. Although leaderless movement is a recent strategy in revolutionary warfare dictated by the social media, it, however, cannot work in a situation like Nigeria, where the tendency of other elements such as politicians and hoodlums hijacking protest is highly probable. This gap has actually led to the latest developments in several parts of the country, particularly Osun State, where the Governor alleged the political opponents to have been responsible for the attacks unleashed on him; in Benin where a similar insinuation was drawn, coupled with the activities of hoodlums; in Lagos and in Abuja, where there are accusations and counter-accusations between the government and protesters as who engaged hoodlums to disrupt the protests. These are simply consequences of lack of leadership. Leadership could have enabled the protesters to guard their flanks from the hoodlums and would have enabled them situate their demands properly.

After war-war, it is jaw-jaw. Hence, no matter how long the protests persist, the end result will still be dialogue. Inevitably, this will require the representatives of the protesters as leaders to marshal their thoughts in a deliberative atmosphere with the government. As remarked above, there is nothing strange in leaderless struggles as aptly captured by Sam Brannen,, “…It is a question of when, not if, the digital flash mob comes for those in power. Leaderless movements are a tidal wave washing over our planet. The energy that creates them does not dissipate even when they are crushed by authoritarian governments. Rather it re-gathers strength. It cannot be ignored, but it can be co-opted for harm or good”.

Existence of leadership would have led to the creation of structures essential to the immediate and future agitation of grievances.

The lack of leadership is usually costly, as currently witnessed in the country where the undue mayhem and violence, not intended, are being perpetrated by miscreants attributing same to genuine activists. What this reveals is the imperfection in the leadership capacity of the youth. Indisputably, they demonstrated some measure of leadership capacity before the hijack. Unfortunately, attempts by some elders to give some guidance were rebuffed, suspiciously for good reason.

Elders have not over time shown why they should be trusted, hence the fear of seeking or taking advice from them.

Notwithstanding, the saying is, Ti omode ba n ge igi ni’gbo, agba lo maa mo ibi ti o maa wo si (where a child fells a tree in the forest, it is the elders that know the direction of its landing). The adult counsel could have helped to direct the fledgling protests. In some states, curfew has been imposed, and more states possibly will follow suit. By the time the majority or all the states are under curfew, the country would have been shut down. How does this help the country that is just struggling to recover from the compelling COVID-19 lockdown?

At the end of the day, is the country not dangerously heading towards failure? This is why I believe that the imposition of curfew might not be the best solution in the circumstances.

One would have thought that the government would first accelerate the full and actual resumption of the tertiary institutions at all levels. These young ones have been at home for seven months with the attendant boredom, waiting for government to fashion out the necessary protocols for them to resume. In other climes, schools have for long resumed in one form or the other, thereby engaging the youths and enabling them positively channel their youthful energy into productive ventures. That is not so in Nigeria. Hence, when the protest started, the youth saw relaxation opportunity in it and resumed daily at the various centres.

This is further aided by the provision of all basic needs at the venues, food, drinks, medical andlegal support, in a few instances, financial support. Do you then blame them for seeking happiness in those venues? The youths are practically visiting the relaxation parks in Lagos for pleasure and not really out to disrupt anything. Can the government, therefore, fast-track the resumption into campuses of these youths and take time to attend to the grievances of the youths in a manner that provides reasonable solutions to their challenges?

The other category of those involved in the protests are the jobless. They are in multitudes. Government needs to urgently create an engagement scheme for them. Without any form of engagement, the devil will continue to find job for idle hands. Addressing the new seven-point demands might be insufficient.

The ongoing protest is a wakeup call to Nigerian leaders and it is hoped that the opportunity will not be allowed to slip in adjusting their traditional posture of being nonchalant. Should the Nigerian government survive this, the strong warning by Sam Brannen must be borne in mind that, ‘Leaderless revolutions grow in perceived voids of leadership at the national and international levels around the globe. Social media is accelerating and enabling them. We are in a new age of leaderless revolution. The accelerating trendline is clear, and we would be wise to look for its further intensification in years and perhaps decades ahead’.

A word is enough for the wise, as the country may not be this lucky next time.

LIKE GRATIANO, BUHARI’S SPEECH IN THE FACE OF CRISIS WAS FULL OF BUSHELS OF CHAFF

There is power in speech. Words can heal. Words can kill. Great orators wield the power to move the world with the power of their words. Their eloquence can be like a melody, melting the heart of melancholy. Oratory could be a gift, or an art that can be learnt. It is in doubt whether President Buhari has the gift or has learnt the art. But as the President, he has access and the resources to engage one of the best writers in Nigeria.

#EndSARS Protest and Black Tuesday

The famous #EndSARS protest in Nigeria has been one of a kind. It is a protest against Police brutality, especially the atrocities of the Special Anti-Robbery Squad (SARS) and more importantly, a protest against bad governance. Thus, the #EndSARS hash tag has become a tagline used by the masses to make legitimate demands on the Government of Nigeria at all levels. While citizens in several Nigerian cities joined the protest, the Federal Capital Territory, Abuja (FCT) and Lagos State are the leading locations for the protest.

On a Black Tuesday (20/10/2020), in what appeared to be a well-organised military assault at the Lekki Toll Gate, Lekki, Lagos, some men adorning the uniform of the Nigerian Army (and who were believed to be Nigerian Army officers) were caught on video as they opened fire, causing grievous bodily harm to many peaceful protesters as well as fatality – what many described as pure massacre – #LekkiMassacre. The point must be made that even if it were only one Nigerian that died as a result of the shots fired on live bullets, it is as good as a million Nigerians were killed! This is why the approach is highly condemnable.

The Lagos State Governor, Babajide Sanwo-Olu, released a statement confirming that as at the time of his hospital tour, no death was recorded. This appeared to run contrary to the news making the rounds in the social media. Talking about the power of words, the Governor ought to have been more circumspect in his choice of words as it is believed that his comment at the time that no fatality was recorded was like rubbing salt on an open wound, which probably increased the rising tension that led to the rampage that followed. The Governor also made reference to “forces beyond his control” as being responsible for the ugly incident which led to the call for his resignation, notwithstanding his much admired response in the early days of the protest.

As the heat was on, Nigerian citizens were looking out for their President but no word came from Aso Rock until 7pm, 22/20/2020, roughly 48 hours after the Lekki incident. In the public domain, President Buhari is perceived as a President who does not care about his people and who appears to love Nigeria and not necessarily Nigerians per se. It is difficult to articulate the reason for the nonchalant posturing of the Nigerian President but it may not be unconnected to the level of abuses donated to his person over time which often make him look like an angry dad. Whatever the case, addressing the citizens promptly and properly, with true passion, (and without necessarily reading out from written notes) is an obligation owed, and a powerful antidote which Buhari has failed to employ in his relationship with the citizenry.

Bushels of Chaff

Listening to President Buhari’s speech in the face of the crisis in Lagos State and other parts of Nigeria, one is tempted to liken Buhari’s speech today to what Bassanio said about his friend, Gratiano, in Shakespeare’s Merchant of Venice (Act 1 Scene 1) thus:

Gratiano speaks an infinite deal of nothing, more than any man in all Venice. His reasons are as two grains of wheat hid in two bushels of chaff: you shall seek all day ere you find them, and when you have them, they are not worth the search.

President Buhari’s speech lacked the vibe and ointment that is capable of healing and reuniting the nation. There is no assurance or reassurance in the speech. This was unfortunate.

The Formula

President Buhari and all our politicians must be reminded that there is one formula for addressing critical issues like the one recently being witnessed which is oftentimes neglected. Beyond ensuring that steps are constantly taken to guarantee good governance and deliver the much needed reforms, our leaders must learn to adopt one of their political campaign strategies in dealing with the masses. During election campaigns, the President, in company of other Governors and top party stakeholders often converge where they physically engage the people on a one on one campaign. This is notwithstanding their busy schedules. Imagine if Buhari and his political entourage had done this at Lekki Toll Gate instead of the lifeless speech delivered, the people may likely be appeased. During elections, our leaders condescend to the lowest levels to appeal for votes but will ascend the throne of their hallowed offices in times of crises to make largely unconvincing remarks.

Sovereignty belongs to the People

True sovereignty belongs to the people. Without the people, there is no Government. Section 14 (1) and (2)(a)(b) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides:

The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice. It is hereby declared that sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority; the security and welfare of the people shall be the primary purpose of Government.

Importantly, it is the duty of the Government to provide adequate security to protesters in order to ensure that the protest is not hijacked by hoodlums. This failure is also responsible for the escalation of the crisis. The Government must be proactive in beefing up security to ensure that any breakdown of law and order is contained and that there is no destruction of lives and properties. The duty to protect lives and properties is a duty that must be performed especially in the most demanding times and not in moments of tranquility only.

Peace and Unity! Rest in Peace all our fallen heroes.

Flying Nigerian Flag and Its Implication.

16

Daily Law Tips (Tip 679) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction: 

There is a recent call on social media for the use of national flag during protests across Nigeria to avoid harm from law enforcement agents and the Nigerian armed forces. There is also a contrary claim, that there is need for a license before the National Flag can be used in a public place. Many are not sure of the true legal implication of the use of the National Flag in a public place in Nigeria. This work examines the legal implication of flying the National Flag in Nigeria; revealing the duties of flyers, the offences and punishments relating to the National Flag and the duty of the Police to the National Flag. 

The National Flag and the Public Places: 

The National Flag is the official Flag of the Federal Republic of Nigeria. The National Flag was designed by Michael Taiwo Akinkunmi and officially flown on 1st October 1960, although it was adopted in 1959. It is made up of two colour; Green and White. “The green panels represent agriculture; the white stands for peace and unity”.

The National Flag can be flown in a public place in any part of Nigeria. Any person that intends to fly or display the National Flag in any public place needs the approval (license) of the Federal Minister of Interior Affairs, unless the National Flag is being displayed or flown to show patriotism and support for Nigeria. 

Hence, the National Flag can be flown and displayed in any part of Nigeria and in a private or public place without any permit/approval, in a show of support for Nigeria. It is safe to assume that no law enforcement agency can arrest any person that is patriotic and supportive of Nigeria. The term “Public Place” includes any highway, wharf, street, bridge, parks, and thoroughfares, among other places. 

Duties of Flyers of the National Flag:

Generally, in any part of the world, a Nigerian must obey and respect the National Flag. The National Flag cannot be flown or displayed on the same staff (pole, pipe, stick or rod) or cross bar with the flag of any other State, or the flag of any other country. Also, the national flag must not be dirty, tattered, defaced and torn when displayed or flown. 

States in Nigeria are allowed to have their respective state flags and to fly such in their states and in any part of Nigeria even without flying the National Flag. No state flag can be flown in the Federal Capital Territory without the National Flag. However, if the National flag and a state flag are to be flown in any state, then the National Flag must be at least of the same size with the state flag and the National Flag must be flown higher and above the state flag.  

The Federal Minister of Interior Affairs can through a license authorise the flag of another country to be flown and displayed in a public pace in Nigeria with or without the National Flag. For avoidance of doubt, no embassy, high commission, consulate or means of transportation or foreign ship is to be considered as a public place. So, they don’t need the license of the Minister for any foreign flag to be displayed or flown on or in them. 

Offences Relating to the National Flag:

There are several offences created by law that relate to the National Flag. The offences include; 

  1. Defacing or destroying the National Flag.
  2. Flying or displaying the National Flag in a defaced or bad condition. 
  3. Flying the National Flag on the same pole/stick/staff with any other flag.
  4. Flying the National Flag on the same level with any flag of any state in Nigeria.    
  5. Flying the flag of any foreign country without license/approval of the Minister for Interior Affairs. 
  6. Use, display or flying the National Flag in a public place without the intention of supporting Nigeria.
  7. Where a license is obtained to use the National Flag, using the National Flag contrary to the terms of such license. 
  8. Flying the National Flag for any business, trade, profession or calling and not for patriotism (support for Nigeria). 

Punishment for Offences Relating to the National Flag:

Where there is an offence, there is always a punishment. The above offences relating to the National Flag have punishments. The punishment for any offence relating to the National Flag is a fine of One Hundred Naira (N100.00). Where the offence continues, the fine is Ten Naira (N10.00) for each day. 

Duty of the Police Relating to the National Flag: 

The Nigeria Police Force has a duty to seize and remove any flag that is being used to commit an offence in any part of Nigeria. The removed flag is to be disposed in a manner/way to be determined by the Federal Minister of Interior Affairs.

Recommendation and Conclusion:  

The National Flag of Nigeria can be used and flown in any part of Nigeria, whether in private or in public places without any permit/approval, so far as the National Flag is being used to show support for Nigeria (patriotism). However, in the use of the National Flag, the National Flag must be clean and not tattered to avoid committing an offence. Also the National Flag must not be flown on a stick/pole/pipe/staff that carrys any other flag or on the same height with any flag of any state in Nigeria. 

The punishment for offences relating to the National Flag is N150.00 only and there is no option of imprisonment. The punishment is unpatriotic and cannot deter offenders. It is a mockery of today’s realities. Hence, there is need for the National Assembly (federal legislatures) to amend the federal law (The Flag and Coats of Arms Act of 1960). The 60 years old federal law needs an urgent amendment!

My authorities, are:

  1. Section 1, 2, 3, 24, 214 and 215 of the Constitution of the Federal Republic of Nigeria, 1999.
  2. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the Flag and Coats of Arms Act, 1960
  3. A. Igoni Barret, “I remember the day … I designed the Nigerian flag” (Aljazeera, 3 September 2015)<https://www.aljazeera.com/program/episode/2015/9/3/i-remember-the-day-i-designed-the-nigerian/ > accessed 20 October 2020. 
  4. Onyekachi Umah, ”Can Any State In Nigeria Own A Flag And Fly It Instead Of The National Flag?” (LearnNigerianLaws.com, 7 November 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-222-can-any-state-in-nigeria-own-a-flag-and-fly-it-instead-of-the-national-flag/ > accessed 20 October 2020. 
  5. “Federal Republic of Nigeria” (FOTW, 10 October 2015) <https://fotw.info/flags/ng.html > accessed 20 October 2020.
  6. Onyekachi Umah, “Six Duties Of All Nigerians In Any Part Of The World” (LearnNigrerianLaws.com, 28 August 2019) <https://learnnigerianlaws.com/six-duties-of-all-nigerians-in-any-part-of-the-world-daily-law-tips-tip-402-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 20 October 2020. 

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