The Plateau State Massacre: Legal Implications and Allied Matters

“THIS INCIDENT AND THE REACTION OF GOVERNMENT AND SECURITY AGENCIES, HAVE FURTHER DEEPENED THE FEAR, INSECURITY, MUTUAL SUSPICION AND POLARISATION OF THE COUNTRY. NIGERIANS ARE TODAY, MORE DIVIDED ALONG ETHNIC AND RELIGIOUS LINES, THAN AT ANY TIME IN ITS HISTORY”

Introduction

The primary duty of Government and the reason for which Government exists, is the preservation of life and property. The concept of the social contract theory, presupposes that the State and the governed, are in a contract wherein they are assigned respective rights and corresponding responsibilities, called duties. While the citizens are to be law abiding, they as well undertake to hand over to the State, their rights to the natural intrinsic tendency for self-protection and self-preservation. The State then takes up the job of protection, which responsibility the individual citizens have handed over to it; then using the machinery of a legitimate government in power, executes her part of the social contract. It therefore, goes without saying that, a breach by either or both parties to this contract, results usually in negative consequences, and this summarises the present Plateau State massacre.

Brief Statement of Facts and the Legal Implications

The 25th of June, 2018, has gone down in history as one of the most horrific days in Nigeria’s history, as it witnessed the massacre of over 200 Nigerians comprising women, children and men in Plateau State of Nigeria. Reports have it that, over 50 villages and settlements of Plateau State, have been displaced and obliterated by incessant attacks and killings. The natives were reported to have said that, the massacres are a product of the execution of a clandestine plan at ethnic-cleansing, and that the crisis is both religious and ethnic. The Federal Government, on the other hand, attributed the slaughter to the handiwork of Politicians, desperate about the 2019 elections. This was followed by an immediate change of the then Commissioner of Police of Plateau State, and visits by the Vice-President and President, in succession.

This incident and the reaction of Government and security agencies, have further deepened the fear, insecurity, mutual suspicion and polarisation of the country. Nigerians are today, more divided along ethnic and religious lines than at any time in its history. The Constitution of the Federal Republic of Nigeria, 1999 (as amended) (CFRN) provides in its preamble and in Section 2 to the effect that, Nigeria is a nation that has resolved and chosen the paths of unity, harmony, indivisibility, indissolubility and sovereignty. Recent events, especially the recent bloodbath, has heightened suspicions, which are antithetical to this noble constitutional objective.

The Constitution provides in Section 33(1), that every person has a right to life, and no one shall be deprived intentionally of his life, except in execution of the sentence of a court in respect of a criminal offence. It is illegal to take the life of another, or the lives of a community of people, no matter how offended one is. The recent massacres in Plateau and Zamfara States, and related antecedents, amount to genocide and acts of terrorism, to say the least. By the provisions of the Terrorism (Prevention) (Amendment) Act, the perpetrators of these heinous crimes, should have been arrested and speedily prosecuted to deter others in future.

Furthermore, Section 14(2)(b) of the Constitution provides that the welfare and security of the people, shall be the primary purpose of government. The Constitution in a similar vein provides in Section 17(2)(b), that the sanctity of the human person shall be recognised, and human dignity shall be maintained and enhanced. A government fails in everything else, if it cannot adequately protect lives and property, no matter how well it does in other areas. No reason is acceptable, for the unconscionable and wanton destruction of lives and properties. These heinous crimes, have been fuelled by the absence of actual prosecution and conviction of these ‘terrorists’, and a seeming lack of definite government action. The provisions of the Terrorism (Prevention) Act particularly from Section 1, qualifies the perpetrators of these heinous crimes, as terrorists. The Government ought to have been definitive in condemnation, and in taking decisive action, like has been done to Boko Haram. The armed bandits, rustlers, local militias, and armed herdsmen, do not deserve less treatment than the one meted to Boko Haram.

State Police

As I have canvassed severally in the media and other fora, the call for Restructuring, and especially the need to amend the Constitution and allow for State policing, should be listened to and implemented imme-

diately by the Legislature, with the cooperation of the executive.

The National Assembly is constitutionally empowered to make laws for, peace, order and good government of Nigeria, and therefore, they have the power to bring this to fruition. Security experts have opined, and I agree with them, that State Governments cannot willingly support the Federal police with training and related funding, because they know that those they invest on, are subject to the Inspector General’s power to transfer them, hence another State reaps from what they have sowed. This will, however, not be the case if each State has its Police Force.

The argument for State Police, remains crucial and critical, and as an answer to those who contend that the Governors will abuse their powers if State Police be allowed to be, I would say that the law establishing State Police, should necessarily encompass provisions that give the Police some independence of power and operation, as well as amending Section 308 of the CFRN, to give civil and criminal liabilities to Governors or a President who is found to have used the police to intimidate, harass or kill political opponents, or anyone. This amendment should also encompass in the same breath, an amendment of this same Section 308, CFRN, to give civil and criminal liabilities to occupants of the offices of President and Governor, who misapply, divert or channel public funds in an attempt or in actual actualisation of such ignoble objectives.

Ranching

For the umpteenth time, I say that all herdsmen, should practice cattle ranching, and the legislation should be a national one. This will go a long way, in the effort to bringing an end to the crises. The herdsmen and their leaders, have requested for the provision of veterinary facilities and services for their cattle, if they must be ranched. They contend that, the laws should accommodate their yearnings. This is not farther from the truth, as it is a genuine yearning. State Governments can make investments in ranching, and reap the benefits. It will make things easier for the herders, and bring about peace in the States. States can build ranches, and profit therefrom. The President of Nigeria, Muhammadu Buhari, is a Rancher. I therefore, as always, strongly recommend ranching.

Military Hardware

Finally, with the humongous sums of the money the present Federal Government has borrowed and invested in security, I will recommend that some sophisticated and 21st century approaches to crime prevention, be adopted. Drones and counter terrorism planes, should be acquired to aid this fight. With drones and related surveillance equipment, the hide-outs of these armed bandits, rustlers, local militias, and armed herdsmen, will be known, and their arrests and prosecution possible.

Daniel Hassan Bwala, LLM(UK), MCIArb (UK), Legal Practitioner and Barrister, Lincoln’s Inn, London(NP)

“....THE CALL FOR RESTRUCTURING, AND ESPECIALLY THE NEED TO AMEND THE CONSTITUTION AND ALLOW FOR STATE POLICING, SHOULD BE LISTENED TO AND IMPLEMENTED IMMEDIATELY BY THE LEGISLATURE, WITH THE COOPERATION OF THE EXECUTIVE”