By Godfree Matthew Esq.
ABSTRACT
Military and military rule are generally perceived and adjudged to be anathema to democracy, rule of law and human rights. This perception was so exaggerated as if the military never contributed in any quota to the development of rule of law. However, this position should not be generalized as history shows that military regime in Nigeria helped in some aspects in the development and promotion of human rights. Equally, generations after generations of scholars may likely grow with this notion. It is based on this background that in an auspicious commemoration of Army Day 2021 that this writer seek to contribute to knowledge by reminding the readers and scholars alike on some of the positive contribution of military to rule of law. The writer deploys the use of doctrinal sources like statutes, books, case laws, journals and other allied doctrinal sources. It is also the finding of this work that military contributed positively in the areas of democracy and the rule of law in Nigeria, and that some of these contributions are still integral parts of our democracy. The scope of this article is 1966 to 1999. It is a sort of analyses on legal history. The writer recommends the use of positive references to such contributions of the military to national development. Doing so will bolster their morale in nation building in time like this when there are facing insurgency, banditry, kidnapping and other security challenges. Also military scholars should also teach these to both the army and civil authorities about the contribution of military to democracy and human rights.
- INTRODUCTION
The history of every nation is its foundation. It is the pillar upon which its past was built and its present stands. It is also the compass that points towards the future of every nation. This is because every human phenomenon must have a beginning, a transition and a prospect. This is what is termed as the scientificity of history. [1]
Nigeria is a country that is endowed with rich history right from the pre-colonial, colonial and post- colonial era. This history buried with it a lot of golden initiatives as well as gory incidences. Thus, it is no doubt that the history of Nigeria is made up of the good, the bad and the ugly. Military regime is adjudged by many to be one of the ugliest things that bedeviled rule of law in Nigeria. However, this writer elects to join the few minds who believe that military regime is not totally antithetical or a scar to Nigeria’s human rights record. Therefore, the essence of this work is to appraise some of the positive aspects military contributed to the promotion of human rights in Nigeria when they were in power. In doing so, this work shall examine the various military regimes from January 16, 1966 to 29th May, 1999. The ultimate aim of this writing is to refresh the readers mind to some salient but probably unknown facts about the contributions of military to the growth and developments of human rights in Nigeria. It is the aspiration of this writer that this work will be of great benefit to the readers.
- CONTRIBUTION THE REGIME OF AGUIYI- IRONIS TO HUMAN RIGHTS IN NIGERIA.
Many people may not know that there was a time in the history of Nigeria when the civilian regime of Tafawa Balewa banned the freedom of press.[2] The act was purportedly done with pure intentions of sanitizing the polity at that time. The banning of freedom of press at that time is no doubt an assault of the freedom of press and expression which was provided under section 25 (1) of the 1963 Republican Constitution which provides that:
Every person shall be entitled to the freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.
However, with the advent of the military regime in January 1966, the military regime restored freedom of expression to citizens. This was done when Aguiyi- Ironsi assumed power and promulgated a Decree titled “Newspaper Decree NO.2 of 1966”. This decree removed the restriction on freedom of press earlier imposed by the previous civilian regime of Tafawa Balewa. This act no doubt included Aguiyi-Ironsi in the good slate of history of Nigeria as one of the military leaders that respected freedom of expressions and press.[3] Unfortunately, freedom of expression is one of the aspects of human rights that continuously witnessed suppression by subsequent military regimes.[4] Thus, restoration of freedom of expression and press by Aguiyi-Ironsi was one of the positive contributions of military to the history of rule of law in Nigeria.
- CONTRIBUTIONS OF THE REGIME OF YAKUBU GOWON
The main characteristics of this regime are the Nigerian Civil War and the Oil Boom. The Gowon’s regime contributed to national unity via Decree NO.22 of 1973 which established the National Youth Service Corps (NYSC).[5] The NYSC decree is meant to promote national unity and integration wherein every Nigerian will be free to live in any part of the country and feel at home. The creation of NYSC was one of the remedial effects meant to address the wound of distrust and hatred created by the Nigerian Civil war. The relevance of this contribution is so outstanding that it stands the taste of time, to the extent that it became an existing law specified in section 315(5) of the 1999 Constitution.
Again, Gowon by Decree NO.1 OF 1974, upgraded the National University Commission to become a statutory body. Prior to that, the colonial Government had the Inter University Council (IUC) which is a mere advisory body that liaised with the University of London to advise Nigerian Universities on matters relating to administration and other tasks. However, it was Gowon that elevated former IUC to a statutory body by giving it the name National University Commission (NUC). The NUC is statutorily empowered under the Decree NO.1 of 1974 to ensure orderly development of university by regulating academic, administrative and the financial activities of the Universities in Nigeria.[6]
- THE CONTRIBUTIONS OF THE REGIME OF MURTALA/OBASANJO
After the demise of Gowon regime General Murtala Mohammed took over power. He ruled from July 30th 1975 to 13th February 1976. Murtala came to power when the 1963 Republican Constitution was the only one in series of being suspended. Immediately he came into power, he introduced transition to civilian regime and consequently set up the Constitutional Drafting Committee to debate the constitutional future of Nigeria.[7] This became a stepping stone to future constitutional development in Nigeria.
In order to consolidate the issue of unity and equality in federal appointments within the civil service between the various ethnic groups of Nigeria, the Murtala introduced the concepts of the Federal Character or quota system. It was due to this initiative that the Federal Character was first reflected into the 1979 Constitution.[8] This notion of federal character later continues in the 1999 Constitution. It was also due to Murtala’s influence that the Federal Character Act was enacted into law. Therefore, it will not be out of place to say that the presence of federal character in our constitution today is attributed to the reforms of late General Murtala Mohammed who set up the Constitutional Drafting Committee in 1975.[9]
Furthermore, when Murtala died, Olusegun Obasanjo continues with mandate of Murtala’s regime. Obasanjo ruled from 13th February, 1976 to 1st October, 1979. He ensured the enactment of the 1979 Constitution and successful handing over of power to the civilian regimes of President Shehu Shagari.
Under Obasanjo, the Land Decree of 1978 came into existence. The decree was meant to ensure government exercises legitimate control on the use and allocation of lands. It is this Land Decree that later metamorphosed into the Land Use Act, 1978.[10] This same Land Use Act is now an existing law under section 315(5) of the 1999 Constitution.
- THE CONTRIBUTION OF THE REGIME OF BUHARI/ IDIAGBON
The regime of Shehu Shagari was short –lived as it was toppled by General Muhammadu Buhari (as he then was). Buhari’s regime launched environmental rights campaign. Under him, monthly sanitation was vigorously observed. This was part of Buhari’s War Against Indiscipline (WAI). Prior to Buhari’s Regime, the 1979 did not contemplate the Environmental Objective as State Principles and Fundamental Objectives of States.[11] Perhaps it was the effects of the commitments of Buhari’s regime and other movements that environmental objectives became an item under Chapter Two of the Constitution of Nigeria, 1999.
- THE CONTRIBUTIONS OF THE REGIME OF IBRAHIM BABAGINDA
The Babangida’s regime came into power on the 27 August 1985. While Buhari was in Power, certain cases like drug related offences carried capital punishment and the onus of proof lies on the accused to prove his innocence as well as lack of fair hearing.[12] This was against constitutional principle of presumption of innocence.
However when Babangida first came into power he relaxed some of the Draconian laws of Buhari’s regime. Thus, Babangida’s Regime allowed for appeal against the decision of Military tribunal. He also allowed the presumption of innocence to be observed in military tribunal; unbanned professional and students’ unionism, politicians and journalism were set free.[13]
Moreover, Babangida’s regime promoted some modicum of democratization and rule of laws. He allowed for Public debates on national issues (which showed Nigerians’ resentment of Structural Adjustment Programme), he allowed the proliferations of human rights groups, ethnic and political association. He also allowed local government election at the grassroots. Politically he is the initiator of Diarchy in Nigeria; a system of military regime alongside civilian rule.
Also, Babangida’s regime contributed in the development of the Corpus Juris of Nigeria. It was under Babangida’s regime that the National Drug Law Enforcement Agency (NDLEA) was established. The law creating NDLEA came into existence by Decree NO.48 of January, 1990. This law was able to address legislation that defines offences upon which offenders will be prosecuted and punished.
Similarly, it was the regime of Ibrahim Babangida that codified the body of all Nigerian Legislations to be termed as Law of Federation of Nigeria, 1990. Thus, all the laws of the federation of Nigeria today are collated and compiled as Corpus Juris during Babangida’s Era.
Babangida’s regime was adjudged to be the most ‘conscious human rights military junta in the history of Nigeria’.[14] This position is further corroborated by the judicial pronouncement in the case of Ojukwu V Gov., Lagos State, where the Court of Appeal held Per Kutuigi JCA (as he then was) while discouraging resort to self help under military regime, held as follows;[15]
I need hardly say that the present military administration has made it abundantly clear that it is for the rule of law. This is as it should be.
- THE CONTRIBUTION OF THE REGIME OF SANI ABACHA
This regime also contributed to the development of human rights in Nigeria. Prior to Abacha’s regime women were complaining of the neglect by government- as there was no ministry to represent them in federal appointments. Neither did any previous administration recognize that office. Thus, when Abacha came into power, he created the office of Ministry of Women Affairs. This reduced the grievances of marginalization women were crying for over the years.
The creation of the Ministry of Women Affairs by Abacha was one of the hallmarks of promotion of equality before the law in Nigeria.[16] This is because even, the 1979 Constitution recognized the equality of men and women and prohibits discrimination on any ground.[17]Therefore, to say late Sani Abacha was the Modern Patriot of Women recognition in Nigeria politics is not out of place.
Furthermore, to the surprise of many Abacha’s regime was the one that established the National Human Rights Commission in 1995.[18] By doing this Abacha is institutionalizing the enforcement of Human rights at national level. It was also under his regime that the National Human Rights Act was established. By doing so he has complied with the international treaty for the promotion of Human Rights such as International Covenant on Civil and Political Rights (ICCPR), Universal Declaration of Human Rights, United Nation Human Rights Committee, etc.[19]
- THE CONTRIBUTION OF THE REGIME OF ABDULSALAMI ABUBAKAR
Lastly, the regime of Abubakar Abdulsalami promoted human rights by granting pardon to political prisoners who were detained by late General Sani Abacha. Some of the beneficiaries of these pardons include a former Nigeria’s President, Olusegun Obasanjo and others. And when these pardons were questioned on the countdown to democratic transition to civilian regime in 1999, the Supreme Court in the case of Falae V Obasanjo[20] upheld the validity of such pardons. This verdict further enriched Nigeria’s jurisprudence on the scope and limitation of amnesty.[21] The outstanding contributions of military to human rights enactment of the 1999 Constitution and successful handing over to the then newly elected civilian administration of President Olusegun Obasanjo of Nigeria.
- SOME INSTANCES OF MILITARY AND CONTRIBUTIONS TO RULE OF LAW AND HUMAN RIGHTS AFTER 29TH MAY 1999
Despite the handing over of power to civilians, Nigerian military still participates in the promotion of democracy, consolidation of national peace and security as well as protection of the territorial integrity of Nigeria. Nigerian military contributes in ensuring that democracy is sustained in Nigeria. They did that by monitoring elections[22] and quelling civil uprisings against constituted authorities.
Also some of the welfare programmes of the military like education, hospitals, sanitary waters, sports festivals, employments, etc; fulfilled some of the mandate that are shrouded in chapter Two of the 1999 Constitution (which was not addressed by the government). These are ideally, what civilian governments are ordinarily expected to do, but military is doing it equally.
While it is true that abuse of human rights was tremendous during military era, in this 21st century, the civilian populaces are expecting Nigeria army to have a better understanding of democracy and respect for the rule of law. Thus, it is apposite that the military- civil relationship approach adopted by Nigerian Army should yield more fruits in the promotion of the rule of law.
- CONCLUSION
While it is factual that many Nigerians are not in good terms with the military to the extent that it is of say that ‘a worst democracy is better than the best military regime’. Nevertheless, objectivity suggests that there is a good side of every dastard phenomenon. Military should not be discouraged with so much disdained and conspiracy to the extent that they will feel demoralized. The sins of the past military regimes should not bewitch our reasoning and logic to the extent of reaching a conclusion that there is nothing good about military regime. It is in order to address this misconception that this work discussed “An Account of Some Positive Contributions of Military Regimes to the Development of Rule of Law and Human Rights in Nigeria”.
[1]1.Rowse L. A.,”The Use of History”3rd Ed ( Hodder &Stoughton Ltd, 1947) P.86-91
[2]2.Apuke Destiny Oberiri, ”Exploring the Extent of Press Freedom in Nigeria”, International Journal of International Relations , Media and Mass Communication”,Vol., NO .2 P..28 (European Centre for Research Training and Development UK @www.eajournals.org.)
[3].3. Ndaeyo Uko, ”Romancing the Gun: The Press a s a Promoter of Military”(2004)@https://www.africaworldpressbooks.com/ser..<accessed on January,2021>
[4]4..All the subsequent military regimes from Gowon to Abdulsalami regimes journalism and freedom of expression as an aspect of human rights really suffered a lot of violations.
[5]5.Chukwuemeka Nnachi Oko-out, “Historical Contributions of Military Rule to the Development of Tertiary Education in Nigeria: A Case Study of The Gowon Administration 1966 to 1975PaperPresented at The 63rd Annual Conference and Congress of the Historical Society of Nigeria 7th-12th October,2018@https://wwwresearchgate.net/publication/332224273<accessedon January 18,2021>
[6]6. Ibid
[7] Siollun Max, ”Oil, Politics and Violence: Nigeria’ s Military Coup Culture(1966-1976)@188.
[8]8. Olajiide Olakanmi and and Olamideji Olakanmi, ” The Nigerian Constitutions Since 1914”1st Edn.,2014 (LawLords Publ.) .p.519-520
[9]9 .Ibid
[10]10.Matthew Enya Nwocha, ”Impact of The Nigerian Land Use Act on the Economic Development in The Country”,ActaUniversitasDanubius.Administratio,Vol.8.NO.2(2016)@journals.univ-danubius.ro>view<accessed on January19, 2021>
[11]10.See Chapter Two of the 1979 Constitution, there is no any reference to environmental Objectives.
[12]11.Femi Falana,”How Buhari Military Regime Released Detainees Based On Court Orders”@eie.ng<accessed onJanuary,2021>
[13]12.Abdul Raufu Mustapha,”Civil Rights and Pro-democracy Groups in and Outside Nigeria” ifra-Nigeria@Open Edition Books<accessedonjanuary18,2021>
[14]13.Ibid
[15]14.(1985) 2 NWLRPT.10@P. 809 Para..H
[16]16.Amina Mama, ”Khaki In the Family: Gender Discourses and Militarism in Nigeria”, African Studies Review,Vol.41.NO.2(Cambridge University Press,1998)Pp. 1-4
[17]17.Section 39 of the 1979 Constitution.
[18]18.Amalu Nneka Sophie and Adetu, Moyosore Odusola, ”The Role of National Human Rights Commission in Post Conflict Situations in Nigeria” IJAH VOL.8 (1) January, 2019@http://dx.doi.org/10.4314/ijah.v.8il.12<accessed on January 19,2012>
[19]19.These international instruments enjoined state parties to domesticate the spirit and letters of those treaties at the national level.
[20]20.(1999) 6 NWLR PT(PT.606)283
[21]21,Moses A. Okwori and Godfree Matthew, ”The Jurisprudence of Amnesty Vis-à-Vis Nigeria’s International Obligations” International Journal of Comparartive Law and Philosophy(IJOCLLEP),VOL.1.NO.3(2019) Pp.165-168@www.nigerianjournalsonline.com<acceessedonJanuary20, 2021>
[22]21.This position is treated with disdained even the judiciary frowns at it.
