By Sonnie Ekwowusi
Recently the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) invoked the law and declared the bandits operating in Nigeria are terrorists. Because President Buhari has been running a totalitarian Fulani hegemonic regime that provides cover for killer Fulani herdsmen, he and Malami are turning a blind eye to the unspeakable acts of terrorism being committed in Nigeria by the killer Fulani herdsmen in violation of the Terrorism (Prevention) Act 2011, Terrorism (Prevention) (Amendment Act) 2013, Criminal Code Act Cap C38 Laws of the Federation of Nigeria 2004 and the international anti-terrorism instruments. Why shield criminals?. Sad. Last Sunday about five villagers were killed in a fight between the Fulani herders and local farmers in Idofa area of Imeko-Afon Local Council, Ondo State. The farmers accused the herders of destroying their farmlands through open grazing of their cows.
It is noteworthy that much of the international law of terrorism are in the form of multilateral treaties. These multilateral treaties include the International Convention Against the Taking of Hostages, the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation and the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents. Now, the aforesaid treaties other treaties on terrorism contain several important provisions in combating terrorism. These provisions which include articles that define particular acts of terrorism as criminal offenses for the purposes of the treaties oblige states parties to make the offenses punishable by appropriate penalties under their domestic laws. In Nigeria, the extant domestic laws under which terrorism is defined and punishable are the Terrorism (Prevention) Act 2011, Terrorism (Prevention) (Amendment Act) 2013), the Criminal Code Act Cap C38 Laws of the Federation of Nigeria 2004. Section 1 of the Terrorism (Prevention) Act 2011 states that— “A person who knowingly— (a) does, attempts or threatens to do an act preparatory to or in furtherance of an act of terrorism; (b) commits to do anything that is reasonably necessary to promote an act of terrorism; or (c) assists or facilitates the activities of persons engaged in an act of terrorism,, commits an offence under this Act.
Section 2 of the Act defines “act of terrorism” to mean as act which is deliberately done with malice, aforethought and which : (a) may seriously harm or damage a country or an international organization ; (b) is intended or can reasonably be regarded as having been intended to— i (unduly compel a government or international organization to perform or abstain from performing any act; (ii) seriously intimidate a population ; (iii) seriously destabilize, or destroy the fundamental political, constitutional, economic or social structures of a country or an international organization ; or, (iv) otherwise influence such government or international organization by intimidation or coercion; and (c) involves or causes, as the case may be—, (i) an attack upon a person’s life which may cause serious bodily harm or death: (ii) kidnapping of a person ; . (iii) destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property, likely to endanger human life or result in major economic loss; (iv) the seizure of an aircraft, ship or other means of public or good transport and diversion or the use of such means of transportation for any of the purposes in paragraph (b ) (iv) of this subsection; (v) the manufacture, possession, acquisition, transport, supply of weapons, explosives or of nuclear, biological or chemical weapons as well as research into, and development of biological and chemical weapons without lawful authority; (vi) the release of dangerous substance or causing of fire, explosions or floods, the effect of which is to endanger human life ; (vii) interference with or disruption of the supply of water, power or any other fundamental natural resource, the effect of which is to endanger human life
Under the watch of the Buhari government the killer Fulani herdsmen have been committing unspeakable acts of terrorism in Nigeria and getting away with them. Apart from killing, maiming, kidnapping and raping their victims to death, the killer herders, in conspiracy with their cohorts from Niger Republic, have been aiding and abetting mutinous acts, threatening to levy war against Nigeria, forcing and compelling President Buhari and the National Assembly to change their measures and policies, destroying, encumbering and confiscating farmlands across Nigeria (resulting in the scarcity of foodstuffs and soaring prices of foodstuffs in Nigeria) in violation of Nigeria’s territorial sovereignty which is contrary to section 2 (a) (b) (i) (ii) (iii) (iv) and c (i), (ii) (iv) (vii) of the Terrorism (Prevention) Act 2011 (as amended). Nnamdi Kanu is being charged under sections 1 and 2 of the Terrorism (Prevention) Act 2011 (as amended) and sections 41, 44, 45 and 375 the Criminal Code Act for alleged acts of terrorism. Just last week they slammed terrorism charges against the Oyo traditional ruler Oba Solomon Akintola and 10 of his High Chiefs for allegedly invading Aagba Community in Oyo State and kidnapping three persons and injuring others. The pertinent question remains: Why is this Buhari government charging Nnamdi Kanu, Oyo Chiefs and others to court for alleged acts of terrorism while exonerating the Fulani herdsmen who have inciting the public in order to destabilize, or destroy the fundamental political, constitutional, economic or social structures of our country?
Explaining why the bandits were declared as terrorists, Malami, said, inter alia, “our assessment took into consideration that they are causing a major threat to territorial peaceful co-existence and causing a major threat to lives with weapons.” Are the murderous Fulani herdsmen not causing a major threat to Nigeria’s territorial peaceful co-existence? If the answer is in the affirmative, why are President Buhari and Malami conspiring to exonerate them from the heinous act of terrorism? Why have the duo acquiesced in the endless massacre of the innocent Nigerian citizens by the AK-47-carrying Fulani pastoralists and Miyetti Allah their sponsors? For example, in the aftermath of the massacre of about 200 villagers in Riyom, Barkin Ladi and Jos South local government areas of Plateau State in June 2018, Miyetti Allah quickly issued a statement accepting responsibility for the massacre. It admitted that it carried out the massacre in retaliation for alleged Fulani herdsmen who had been killed in the area. According to the then Chairman of the North Central zone of Miyetti Allah Danladi Ciroma, “These attacks are retaliatory Fulani herdsmen have lost about 300 cows in the last few weeks — 94 cows were rustled by armed Berom youth in Fan village, another 36 cows were killed by Berom youth. In addition to that, 174 cattle were rustled and the criminals disappeared with them to Mangu [Local Government]…Since these cows were not found, no one should expect peace in the areas”. Why didn’t the most excellent Abubakar Malami SAN and most righteous President Buhari dispatch the DSS to arrest or interrogate Ciroma for uttering the aforesaid inflammable terrorist statement in violation of sections 1 and 2 of the Terrorism (Prevention) Act 2011 (as amended) and sections 41,44, 45 and 375 the Criminal Code Act?.
Anyway, whether Buhari and Malami like it or not, the Global Terrorism Index (GTI) rates the Fulani herdsmen militia as the fourth deadliest terrorist organization in the world. The GTI has ranked Nigeria, for the sixth consecutive time since 2015, as the third country with the most impactful deadliest terrorist organization. The GTI says that in 2018 the killer Fulani herdsmen killed more Nigerians than Boko Haram. So why is the Buhari government refusing to tag the killer Fulani herdsmen as terrorists and treat them as such?
