The legality of the current onslaught against
militants in Delta State by the Joint Military Task Force is stoking
controversy among lawyers, lawmakers and military officials spoken to
by NEXT on Sunday
Although the Nigerian defence headquarters claimed
it sought and got the nod of the Nigerian president, Umaru Yar’Adua to
embark on the campaign, critics of the action said the president erred
in not seeking the support of the National Assembly for the exercise.
The Assembly, last Wednesday however, voted to support the campaign.
Neither the Vice President, Goodluck Jonathan nor
the Delta State governor, Emmanuel Uduaghan received any prior notice
of the action, as NEXT reported last Sunday.
The lack of debate in the House is also said to be
responsible for the rather lax operating rules under which the military
is conducting the war.
A Lagos lawyer, Jiti Ogunye said: “The commander
of JTF sometime last week said that they were looking for a monarch and
that they found some incriminating documents after ransacking his
palace. I shuddered with amazement. The question is who made soldiers
to be investigating crime? Where did they get that kind of right? They
sacked the man’s house in the first instance, which is not right, or
shall we now say that we are now subjected to a martial law? I mean all
these are very important.”
Paul Adah, the deputy chairman of the House of
Representatives Defence Committee said there was no act of parliament
that establishes or recognises the Joint Task Force. He, however, said
the Nigerian President, as the Commander in Chief of the Armed Forces,
has the powers to set up such task forces.
The head of information at the Nigerian Defence
Headquarters, Chris Jemitola, said the military operation was not
rushed in response to the death of some soldiers, including two
officers. He also said the operation was done within legal ambit.
He said: “Who is the Commander-in-Chief of the
armed forces? Is it not the President? So, why will anybody say that
our C-in-C has no knowledge of any operation we are carrying out? The
fact is that the President believes in the military and knows our
capacity. He gave us a mandate that we should check the criminality in
the Niger Delta. And that is exactly what we are doing.”
Mr. Jemitola, a colonel in the Nigerian Army, also
said the military made effort not to hurt civilians in the campaign. He
said care was put into mitigating the impact of the war before the
operation commenced.
“In the course of the operation, we ensured that
an effective mechanism was in place to respond to any emergency,” he
said. “And if you consider the speed with which NEMA mobilized to the
place, you will realise that it was carried along and that proper
planning was done before the operation began.”
But there is no doubt that the crisis has upended
the lives of thousands of people in the area. And leaders in the region
have expressed outrage.
“I’m really angry with President Yar’Adua over
what is happening to the Gbaramatu people,” said Tam David West, a
former Minister of Petroleum and professor of virology. “How can
Nigeria carry out war against its own people? What is happening in
Delta State is worse than the Biafra war. I’m really surprised that the
government and the military think that they can win the war going on in
the delta. They cannot”.
A political analyst, Sam Amadi, has however
disproved the claim by some groups that the military intervention in
the Niger Delta is genocide.
Mr. Amadi, Director of Programmes and Research at
the Ken Nnamani Centre for Leadership Development said it is rather the
misunderstanding of the meaning of citizenship and a long-standing anti
democracy culture.
“What happened in (the) Niger Delta is not
genocide,” he said. “Genocide is a policy level determination of a
government to kill an ethnic or cultural group. But what I attribute it
to is the character of the Nigerian state which is the deeply
entrenched anti democratic culture and the authoritarian governance
that is embedded in Nigeria which ten years of democracy have not been
able to change a single bit. It could have happened in Onitsha, it
could have happened in Sokoto. It is not just in the Niger Delta.”
He said Nigerians have not been able to agree on a
sense of what it means to be a citizen and what the government should
do to protect this.
“In Nigeria, there is no notion for citizen and
therefore institutions cannot be held accountable. What happened in
Niger Delta is lack of accountability. The height of democratic
accountability in military operation is simple, if you are called upon
to take a drastic action to get rid of militants in that situation, how
do you respond when citizens’ interest are involved?”
Mr. Ogunye, however argued that the failure of the
Nigerian president to get the support of the National Assembly before
the JTF troops launched their operations was an act of illegality.
He also said the citizens of the area could go to
court to seek damages from the operators. He said the present offensive
is not an aberration.
“The incident that has been happening in Nigeria
since 1999 is that when we have crisis; religious crisis, ethnic
crisis, Bauchi, Kaduna, or the Jukun crisis and so on, the presidency
of the Federal Republic of Nigeria has failed in the procedure of
deploying soldiers,” he said. “You can recall that Obasanjo deployed
soldiers to Odi and that led to the famous Odi massacre. Also, the
Jukun crisis, the Kano and many others witnessed soldiers’ deployment.
These might have appeared as a solution to the crisis because there is
an emergency, but the rule of law and the details of the rule of law
were otherwise clear.”
Mr. Ogunye said the victims could claim the action
was a violation of the constitution and can also approach the court to
seek an order to restrain perpetually the invasion of soldiers in the
Niger Delta or any other part of the country without securing an
authorization from the National Assembly, as provided by section 217 of
the Constitution.
The lawyer also expressed dismay at the sweeping powers that the
commanders of the JTF have invested themselves with during the campaign.
Related Link:
Nigeria unleashes Joint Task force to combat MEND
Already, some notable militants and youth leaders in the region have been placed on surveillance by JTF, made up of representatives of all the security agencies in the country.


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