Covenant University Journal of Politics & International Affairs

Covenant University Journal of Politics & Internationall Affair. Vol. 6 No. 1, June 2018

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Vol. 6 No. 1, June 2018

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Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

Articles

Agitation for Restructuring and Resource Control in Nigeria‘s Federalism: Issues, Perspectives and the Way Forward Ali Ibrahim Abbas & Sani Garba Wakili 1

Fragility of the Nigerian State and the Challenge of Boko Haram Violence Alabi Usman & Salihu Bashir 19

Deconstructing the Doctrine of State of Emergency in Nigeria: A Human Security Perspective Uchenna Simeon 42

Militarisation of Oil and Environmental Politics in Nigeria: Armed Resistance, State Responses and Peace Prospects in the Niger Delta Region Samuel Oyewole, Damola Adegboye & Emmanuel Durosinmi 60

Terrorism and Conflict-Related Sexual Violence in Africa: Northeastern Nigeria in Focus Nanna Lord-Mallam & Adejoh Sunday 76

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

Covenant University Journal of Politics & Internationall Affair. Vol. 6 No. 1, June 2018

An Open Access Journal Available Online

Agitation for Restructuring and Resource Control in Nigeria’s Federalism: Issues, Perspectives and the Way Forward

Ali Ibrahim Abbas, Ph.D. & Sani Garba Wakili

Department of Political Science and Administration Yobe State University, Damaturu - Nigeria [email protected] [email protected]

Abstract: Nigeria is a federal constitutional republic comprising of 36 states and the Federal Capital Territory, Abuja. The states are further sub-divided into 774 Local Government Areas (LGAs). This paper examines issues concerning agitation for restructuring and resource control in Nigeria. The study through content analysis of documents examined the factors that led to the agitation for re-structuring, salient issues raised and the constitutional basis for re-structuring. It is discovered that in Nigeria the agitation revolves around resource control, review of revenue sharing formula, devolution of power, return to regional federal system of government based on six geo- political zones, return to parliamentary system of government, removal of immunity clause from the constitution, creation of state police, role of traditional rulers, among others. The finding also shows that Nigerians- individually and in groups, across regions and ethnic divides have been advocating for one or more aspect(s) of restructuring Nigeria‘s federal system. The study therefore recommended restructuring in order to enhance national unity, peaceful co-existence, political stability and balanced national development. Beyond restructuring however, the failure of governance at all levels due to poor leadership, mismanagement, and corruption must be addressed.

Keywords: Restructuring, Resource Control, Federalism, Political Economy, Nigeria

Introduction In some cases, for instance, this Countries in the world over adopt arrangement facilitates a substantial political arrangements that best suit amount of co-operation among the their nature, context and composition. various segments and institutions all in

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 a bid to achieve the desired end of the resulted in to agitation for self- good life for the citizens(Alsamee, government. This further demonstrates Abdul-Wahab & Yusof, 2016).The that the political history of Nigeria was federal system is one of such political dominated by struggles for freedom systems mostly adopted by especially between 1922 and 1959. In heterogeneous societies/states (Alsamee fact, it is now a common knowledge et al, 2016; Babalola, 2016; that some notable Nigerians: Sir Chukwuemeka & Amobi, 2011; Herbert Macaulay, Sir Abubakar T. Elekwa, Mathew & Akume, 2011; Balewa, Dr. Nnamdi Azikwe, Sir Ewetan, 2012; Ezeji-Okoye, 2009). Ahmadu Bello, Chief Obafemi Similarly, it is in this regard of Awolowo, and Chief Anthony Enahoro, heterogeneous nature that Nigeria to mention but a few, are regarded as adopts and practices federalism as a the founding fathers of Nigeria‘s system of government where some nationalism. certain political, administrative and Given their struggles as mentioned economic powers/functions are shared earlier, the British colonialist gave between the central government and its concessions to Nigerian activists that component units(Babalola, 2016; led to the rise of the series of Chukwuemeka &Amobi, 2011; constitutions that come into existence, Elekwaet al, 2011; Ewetan, 2012; Ezeji- to assuage their feelings. The Okoye, 2009).It is in this regard that for constitutions included the Clifford instance a classical scholar such as constitution, 1922, Richards Tamuno (1983) sees Nigeria‘s constitutions, 1946, Macpherson federalism as a form of government constitution, 1951 and Lyttleton‘s where the component units of its constitution, 1954 that gave birth to political organization participate in Nigeria‘s federal arrangement. While sharing some powers and functions in a the constitutions have played significant co-operative manner though the roles, historical, social, political and combined forces of ethnic pluralism and cultural factors also made Nigeria‘s cultural diversity among others that pull adoption of federalism (Babalola, 2016; them apart. Elekwaet al, 2011; Ewetan, 2012; Ezeji- Earlier in the 19th century, the British Okoye, 2009). These factors are had conquered the different parts of diversities in nationalities, religions, present Nigeria at different times and cultures, resources, and fear of established control and authority over domination among the various entities. them (Ezeji-Okoye, 2009). These areas In the light of this, federalism is thus were grouped into Southern and seen as a system that grant units Northern protectorates. For the considerable freedom and autonomy in convenience of administration, the the internal governance of their people Northern and Southern protectorates given its decentralized powers were later amalgamated in 1914by the (Alsamee et al, 2016; Elekwa et al, colonial masters thus resulting into 2011; Ewetan, 2012; Chukwuemeka & existence the country presently called Amobi, 2011; Ezeji-Okoye, 2009). Nigeria (Ezeji-Okoye, 2009). However, Asuch, in a federal state like Nigeria, as time went by, the British colonial the constitution is supreme with shared rule, with its continued alienation and powers between and among the three subjugation of the indigenous people,

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 tiers of governments (Babalola, 2016; revenue. In addition, the rentier Alsamee et al, 2016; Chukwuemeka & economic character of the Nigerian Amobi, 2011). Hence, in each tier, the state is also a fundamental factor in government is expected to exercise understanding the dimension and certain control and function within its interests of political forces in this scope of authority. struggle. Interestingly, the oil rent

Although, federalism has being revenue constitutes a significant practiced in Nigeria over the years, the proportion of Nigeria‘s national income agitation for restructuring to achieve (Agwanwo, 2014; Anugwam, 2005; resource control or what some scholars Awofeso, 2017; Chijiokeet al, 2012; termed ―true federalism‖ including Elekwa et al, 2011; Madubuike, 2015; secession is not a new phenomenon in Ojakorotu, 2008). More disturbingly is the country‘s political history that, there has been afailure of (Agwanwo, 2014; Anugwam, 2005; governance at all levels of democratic Awofeso, 2017; Babalola, 2015; governance structure mostly due to bad Chijioke, Innocent & Emeh, 2012; leadership and corruption over the years Elekwa et al, 2011; Madubuike, 2015; (Abbas, 2013; Anugwam, 2005). In Ojakorotu, 2008).Hence, it is not fact, most indicators of under surprising from recent issues; that there development are still present in the are agitations by certain component country regardless of its varied geo units of Nigeria. In fact, it is clear that political regions. While the idea of true some parts or indeed all parts of Nigeria or fiscal federalism, resource control, are not comfortable and satisfied with and restructuring are aimed at ensuring the present federal arrangement. Mostly balanced national development, unity agreed is that the central and the other and peaceful co-existence have been components of the federation of Nigeria debating the big question therefore heavily rely on revenue allocation from remains ―what is wrong with Nigeria‘s the federation account with greater federal system in view of its current percentage coming from the oil challenges? ‖Similarly, ―can the current revenues (Agwanwo, 2014; Anugwam, agitation calls through restructuring 2005; Awofeso, 2017; Chijiokeet al, agenda‖ as pushed by some interest 2012; Elekwa et al, 2011; Madubuike, groups address the contemporary 2015; Ojakorotu, 2008). Within the political and economic challenges in the country?‖ context of the political economy of oil in Nigeria‘s federation, the question of To answer the questions posed by this control as some scholars termed it paper, there is the need to find out the ―resource control‖(Babalola, 2016; factors responsible for the current Chijioke et al, 2012; Dickson & Asua, agitation that is posing threat to the 2016; Madubuike, 2015) is not totally corporate existence of Nigeria. surprising. Specifically, it aimed to examine:

To put it specifically, Agbu (2004) had 1. The factors responsible for the earlier maintained that agitation in consistent call for restructuring in Nigeria‘s federal set up has Nigeria. fundamentally manifested itself over 2. The areas of contention or the quest for access and control over the dissatisfaction that led to agitations, political power to federally collect by extension responsible for

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

threatening the political stability of caliphate, Oyo Empire, to mention a Nigeria in particular and corporate few. While the structure of federalism existence in general. in Nigeria was laid by the Richards 3. The best ways and strategies to go constitution of 1946 which introduced about restructuring Nigeria‘s regionalism into the polity, its formal federalism politically and operation started in 1954 with the economically. adoption of the Oliver Lyttleton‘s

To achieve these objectives, this paper constitution that agave substantial situated within political economic autonomy to the regions, as well as framework therefore analyzed some specific power and functions to the then specific issues in which primacy is central and other regional governments assigned to material conditions (Elekwaet al, 2011).In addition, the (Akindele and Asaolu, 2003) as established federal system was further political economy is a complex consolidated in 1960where Nigeria at interaction between politics and independence inherited from the British economy in the development of human the legacy of federalism built on three societies. Through descriptive methods regions: the North, East, and West and a parliamentary system of government. of analysis, this paper is based on secondary data utilised relevant media Hence, before 1960, the various reports, scholarly works and personal constitutional changes from 1922-1960 observations of the researchers. contributed in setting a firm foundation Essentially, most of the ideas were for Nigerian federal structure even at generated through political events and the present moment. In Nigeria‘s case, previous studies gleaned based on their some scholars (Babalola, 2016; substance, relevance and comparative Chukwuemeka & Amobi, 2011; quality to give more insight. Elekwaet al, 2011; Ewetan, 2012; Ezeji- Furthermore, the effort is made to link Okoye, 2009) shared that the necessary segments of the literature based on a conditions for its federalism among review of studies related to the problem others include: of study to the contemporary experience - Tribal and religious differences of emerging events. Overall, the - Fear of domination and measure of essence is to capture and provide the local autonomy political realities on the ground for a - Fear of inter-ethnic rivalry presentation of a balanced argument. - An even development for security Federalism and the Question of reason Resource Control in Nigeria - The desire for unity in diversity

Federalism in Nigeria was entrenched Generally, the federal system therefore by the British imperialist power. Long allows such differences and sharing of before the creation of the political entity power to preserve the strength and unity called Nigeria through its amalgamation of the country as the case may be on its in 1914, the peoples that existed have constitutional provisions. In most cases, had an established indigenous system of it is argued that states resort to administration (Elekwaet al, 2011; federalism especially when the adoption Ezeji-Okoye, 2009)through some and practice of a unitary system of political entities such as the Benin government are not achievable Empire, Kanem Bornu Empire, Sokoto (Alsamee et al, 2016). To achieve its

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 practice the constitution therefore strategy of the British colonialists divides powers between the center and foisted on the country to maintain a the other component units. Burgess neo-colonial state apparatus for the (1993) hence viewed federalism as a effective control of the country after practice that represents an action that independence. It has been argued that flows from the ideological belief that the unitary system of government manifests in the society‘s varied worked well before the introduction of institutions, characters and structures. federalism and that the colonialists had Under this form of government, the the opportunity of de-emphasizing the federation is divided among the units particularistic tendencies of the (usually the centre and the peripheries) different ethnic groups in the country and each component of the federation but for selfish reasons ended up has the power of autonomy within its creating structural imperfections to fuel area of jurisdiction. In Nigeria‘s case, inter-ethnic relations after the powers shared among the federated independence. This standpoint was units (Federal, State and Local emphasised such that, following the Governments) are those included on the coup d‘état on January 15, 1966, exclusive, concurrent and residual Nigeria‘s federal structure underwent a legislative lists (1999 constitution, as change. It is for this reason that late amended; Babalola, 2016; General Aguiyi Ironsi, Nigeria‘s first Chukwuemeka & Amobi, 2011;Ewetan, military Head of State, believing that 2012). As each function and federalism had fostered ethnic disunity responsibility is specified in the in the country (Abbas, 2013) abolished constitution in the federal system of the then regions and by Decree 34, government: promulgated in May, 1966, established i. The exclusive list means only those a unitary system of government (Ezeji- matters which the federal Okoye, 2009) thereby concentrating government can make laws or economic and political powers at the centre. polices e.g. external affairs, defense, currency, mines and power, From pre independence to post railways, ports and other matters that independence periods, both structures are regarded to be of national established had gradually significance. metamorphosed into a three regional ii. The concurrent list contains items structure with a weak central which the federal and state government in 1960, four regions in governments can make laws or 1963, 19 states in 1969, 23 states in polices related to healthcare, 1987, 30 states in 1991 and, 36 states housing, agriculture, water resource, and Abuja and 774 local government education, etc. councils in 1996 (Elekwa et al, 2011). iii. The residual list contains items not However, this enlargement of the mentioned at the exclusive and federal structural base was mostly concurrent lists left for the local effected during the nation‘s government councils to handle. development when it was generating

While federalism has its varied comfortable revenue (Ezeji-Okoye, necessities and advantages, on the other 2009). Over the years, nature of the hand it is considered a divide and rule federal states in terms of size, economic

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 potential and ethnicity (major ethnic (2008) resource control is about access definition of the respective states), has of state governments/localities to continued to define the nature and natural resources located in their character of Nigerian federalism during boundaries and the freedom to develop these military regimes. The question as well as utilise them without commentators keep asking is that has interference from the central the numerical strength of the states government. qualifies them for statehood? This and Agitation for Restructuring and similar other question becomes Resource Control in Nigeria pertinent as the economy of most of the Restructuring in the context of Nigeria state is poor that its survival has is regarded as a consistent call and become a major problem in the nation‘s move for the political reorganisation of body polity. In recent times, in most of Nigeria‘s federal structure, the system the states, workers receive their salaries of government as well as other aspects several months in arrears. desired for a constitutional amendment. Similarly, it is this evident weak Although, the concept seems new in economy of the sates that has made Nigeria‘s discourse, Nigerians use them significantly depend on the different terms to identify areas that national government for handouts or require reorganisation based on bail out for their basic functions and perceived interest. The key argument responsibilities. Although, there were has always been that Nigeria operates a compelling reasons to the adoption of federal system of government and as federalism what remains challenging is such power is constitutionally shared the extent to which the practice of between the central government federalism has over the years addressed standing for the whole country, and the the issues of self-determination, states and local government areas economic prosperity, and desire for serving as a sub-division of the country unity. The driving force to this debate (1999 constitution of the Federal in Nigeria in recent years has been the Republic of Nigeria). Hence, in the ―call for restructuring‖ or ―agitation for Federal Republic of Nigeria, each level resource control.‖ Tochukwu (2002:28- of government is assigned executive, 29) advanced that ―resource control‖ in legislative as well as judicial power and Nigeria means ―the right of mineral responsibilities (1999 constitution, as exploration, exploitation and the amended; Babalola, 2016; management of resources by the Chukwuemeka & Amobi, 2011; communities where these resources are; Ewetan, 2012; Mike, 2004). As agreed including marketing of the proceeds by these scholars these responsibilities from their land or water.‖ however require finance to carry them Chukwuemeka and Amobi (2011) out. contend that true federalism implies that Going further, one of the most the federating units in the polity pursue contentious issues in almost all federal their own developmental programmes/ states is the question of fiscal projects at their own pace, utilizing federalism (Babalola, 2016; resources within their territory and Chukwuemeka & Amobi, 2011;Ewetan, under their control. Hence, according to 2012). As advanced earlier by some Chijioke et al (2012) and Ojakorotu scholars fiscal federalism revolves

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 around the constitutional principle for the earlier views of these scholars are generating/allocating, sharing and therefore noteworthy: utilization of funds among the The introduction of the 1946 constituent parts of a federal state constitution altered significantly the (Babalola, 2016; Chukwuemeka & formal unitary structure in existence Amobi, 2011;Ewetan, 2012). To put it by introducing regionalism to the clearly, fiscal federalism is thus pattern of colonial administration in regarded as an aspect of federalism that Nigeria. Although the constitution deals with the constitutional definition was not strictly federal, the creation of responsibilities of various tiers of of the regional level of governments immediately raised the question of government along with laid down allocating revenue to the central principles and procedures for sourcing government, the new regional centers revenue among the levels, and for and the old Native Authority sharing the revenue among the Governments (Adebayo, 1988 as constituent parts in a manner that cited in Elekwa, Mathew, and enables them to fulfill their Akume, 2011). constitutional responsibilities (Angahar, Similarly, it has been previously 2013). This means that fiscal federalism reported that numerous committees and becomes necessary for operating a commissions were set up from pre- federal system of government because colonial to a post-independence era for the functions that the government the purpose of working out an performs are not performed only by the acceptable revenue sharing formula in central government. In essence, fiscal Nigeria, but yet again agitation for federalism according to Ewetan (2012) restructuring and resource control will mean decentralising financial continuous till date. Over the years, decision making at the lower levels of such bodies included the Chicks government instead of concentrating the Commission, 1946; Hick-Phillipson power at the center. Commission, 1950; Chicks

While the process is usually Commission, 1954; Raisman problematic, such intergovernmental Commission, 1957; Binns Commission, relation isalso seen as a very complex 1964; Dina Commission, 1969; pattern of interactions, cooperation and Aboyade Technical Committee, 1977; interdependence between two or more Okigbo Commission, 1979and several levels of government (Angahar, 2013; military and administrative decrees and Babalola, 2016; Chukwuemeka & changes respectively among others Amobi, 2011;Ewetan, 2012). As argued (Elekwa et al, 2011; Ewetan, 2012). by some scholars, in most cases in Hence, the dynamics of these Nigeria, the nature of revenue commissions, committees, decrees and generation and even allocation has changes have led to the final therefore continued to reflect a establishment of the National Revenue character of certain complexity that is Mobilization Allocation and Fiscal embodied by disagreement among the Commission (NRMAFC)in 1988.This various segments of the country due to made some scholars (Babalola, 2016; the revenue sharing formula adopted Chukwuemeka & Amobi, 2011; upon (Elekwa et al, 2011). To this end, Dickson & Asua, 2016; Elekwa et al, 2011; Ewetan, 2012; Madubuike,

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

2017)to argue that from the pre-colonial Imo have continued to agitate for up to the present time, agitation for resource control in Nigeria vehemently resource control has remained the most (Ottigbe & Ottigbe, 2015).The contentious issue in Nigeria‘s fiscal advancements by the indigenous people relations. of Niger-Delta individually or in

Specifically, this crisis and conflict of groups, who organize peaceful interest usually resonate politics of oil movements or violent struggles, are in Nigeria as one scholar posited that: claimed to have been addressing fundamental developmental challenges …Oil is an object of the struggles between classes, factions of classes in the region characterized by neglect, acting either through State poverty, environmental degradation, structures or ethnic identity groups. poor infrastructure among others in the Since oil is power, and power is oil region. However, while this struggle is in the context of Nigeria‘s political considered legitimate, the methodology economy, the struggle for oil power adopted over the years has at various becomes a primary object of instances taken extreme and violent politics, and the inequitable dimension by militant groups in the distribution of oil highlights region thereby threatening the nation‘s existing inequalities, competing peace and security. claims, grievances, and even conflicts, which conspire to threaten With regard to call for resource control the Federal foundations of the and true federalism, the people of the Nigerian State (Obi as cited in Niger Delta region are not alone. For Dickson & Asua, 2016:9). instance, since the return of democratic

The dominant argument in Niger-Delta governance in Nigeria in May 1999, region for resource control is that, the there has been in some instances a abandonment of true federalism in coordinated attempt by the Southern Nigeria has led to the neglect and Governors to advance the call for marginalization of the region and its resource control and true federalism. To people (Anugwam, 2005; Chijioke et al, be specific, in one instance, the 2012; Madubuike, 2017; Ojakorotu, Southern Governors Forum at a 2008; Ottigbe & Ottigbe, 2015).They conference had issued a 17-point argued that since the bulk of Nigeria‘s communiqué, which among others oil wealth is explored from this region, resolved that: the rate of unemployment, poverty, That resource control and derivation environmental degradation and poor should henceforth and be accepted infrastructural development is as the basis for revenue generation considered unacceptable (Anugwam, and allocation; and that Nigerian's 2005; Chijioke et al, 2012; Madubuike, federal status as presently 2017; Ojakorotu, 2008; Ottigbe & constituted be restructured along a legal framework that would grant a Ottigbe, 2015). It is therefore not reasonable measure of autonomy to surprising that the 9 oil producing states the states and component parts of of Akwa-Ibom, Cross River, Rivers, the federation" (Omenma, 2002:1). Bayelsa, Delta, Edo, Ondo, Abia and Although, the current poor socio- significant improvement in citizens‘ economic situation of all Nigerians living standard, it is evident that the across the regions does not show sign of Southern part of Nigeria is not the only

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 region in this quagmire. In fact, in most setback. In fact, almost every region but cases, the Northern part of Nigeria is more specifically in the North, is worst off in most development indices characterized by the absence of basic when compared with the other regions. infrastructure, social services, non-oil The analysis of the developmental crisis industries and petroleum products. in the Niger-Delta or every other region While Nigeria remains a Federal for that matter thus requires an republic, every part of the country exposition beyond the question of ―true whether, North or South, East or West, federalism and resource control‖. there is widespread political neglect, Earlier studies have shown that massive social and economic underdevelopment corruption, embezzlement of public that needs to be addressed. fund, poor accountability; high cost of Agitations for Restructuring in governance and the crisis of legitimacy; Nigeria: Some Contentious Issues recurring ethnic, regional and religious Nigeria‘s experience of federalism over clashes; abuse of constitution and years is characterized by and also constitutionalism, etc have thwarted dominated by the above intricacies as a Nigeria‘s socio-economic and political solution to one problem leads to another development of post military era and without a genuine desire to forge (Abbas, 2013; 2016; Babalola, 2016; ahead. Hence, what are the areas of Ezeji-Okoye, 2009). contentions or dissatisfactions that have

Among challenges mentioned above, over the years led to agitation for earlier studies have specifically shown restructuring, by extension responsible that corruption remains an aspect of for threatening the political stability of Nigeria‘s political economy that must Nigeria in particular and its corporate existence in general? be looked in to while analysing its socio-economic development (Babalola, Call for Devolution of Power: there is 2016). Indeed, it has been argued that common agreement among scholars and corruption is a serious threat to the commentators that the exclusive economic development of Nigeria legislative list of the federal (Abbas, 2013; Babalola, 2016; Ezeji- government of Nigeria is too heavy Okoye, 2009). There is evidence that (Babalola, 2016; Chukwuemeka & embezzlement of public fund, the high Amobi, 2011; Elekwa et al, 2011; cost of governance as a result of Ewetan, 2012; Ezeji-Okoye, 2009; inflation of contracts as well as Ottigbe & Ottigbe, 2015).It is therefore irresponsible economic management in argued that since the constitution grants Nigeria is a hindrance to its more power to the Federal Government development (Babalola, 2016; Lawan, through the exclusive list such as the 2014). By this argument, corruption is a control of mineral resources in the serious factor in the stagnation and country the over centralization and underdevelopment in Nigeria. More concentration of powers at the centre is worrisomely, the failure of the Nigerian considered a dirge for the Nigerian government at all levels of governance federation (Babalola, 2016; to give the desired attention to the Chukwuemeka & Amobi, 2011; Elekwa development of the nation in spite of its et al, 2011; Ewetan, 2012; Ezeji-Okoye, enormous human and material 2009; Ottigbe & Ottigbe, 2015). The resources is considered a serious simple reason being one of the cardinal

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 principles of federalism which is devolution of power with defined duties substantial autonomy is suffocated by and responsibilities to each federating this factor. It is interesting to note that authority will reduce the burden and majority of the state governments are expenses of the federal government calling for the reduction of items on the hence allowing component units of the exclusive list and put them under the federation to determine the needs of its jurisdiction of the states. In the area of people and satisfy them easily through fiscal practice of federalism, with a specialisation. more power concentrated at the center Review of Revenue Sharing Formula: by the constitution (Alsamee et al, This is an aspect of intergovernmental 2016)the main functions and fiscal relations that deals with responsibilities of resources allocation constitutional power for a generation therefore lie with the central and sharing of revenue by different government. Hence, the distribution of levels of government. For instance, power remains one of the hottest issues since early 2000 the vertical formula even in Nigeria‘s federalism. has been Federal Government(52.68%), More interestingly, because access to State Governments(26.72%) and Local central political power in Nigeria is a Governments (20.60%). While this has considered a license to be in charge of been practiced over the years, the huge resource allocation (Abbas, 2013; practice of fiscal federalism in Nigeria Chukwuemeka & Amobi, 2011), the has not brought about the needed socio- controlling power continue to allocate a economic development as envisaged by large percentage of such resources to its the architects and advocates of the own advantage. In fact, these among system (Babalola, 2016; Chukwuemeka other factors make leadership position & Amobi, 2011; Elekwa et al, 2011; at the centre very attractive and a do or Ewetan, 2012; Ottigbe & Ottigbe, die affair (Abbas, 2013; 2016). It 2015). Most of the scholars identified should however not be forgotten that such hindrances to the country‘s the principle of fiscal federalism dependence on oil revenue and its over requires that there must be sufficient concentration of economic resources at resources to support both central and the federal level (Babalola, 2016; component units without which the Chukwuemeka & Amobi, 2011; Elekwa federation cannot stand (Babalola, et al, 2011; Ewetan, 2012; Ottigbe & 2016; Chukwuemeka & Amobi, 2011; Ottigbe, 2015).Specifically, Babalola Elekwa et al, 2011; Ewetan, 2012; (2016) advanced that if Nigeria‘s Ottigbe & Ottigbe, 2015). It is in this current fiscal arrangement is to advance regard that Tochukwu (2002:27) its constitutional economic objectives, submits that devolution of power with this clear contradiction of over corresponding constitutional functions centralizing economic resources at the and responsibilities to all the center must be addressed. component units will reduce ethnic Moreover, it is as result of this tension, unemployment, poverty, dominance of the federal government environmental degradation, low with regards to the proportion of infrastructural development and the cry revenue allocation to the center that of marginalization in Nigeria. As earlier agitation for a review of revenue advanced by Alsamee et al(2016), the sharing formula had continued

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 unabated. Although Nigeria‘s revenue continue to demand anincrease in allocation formula has over the years derivation from 13% to 50% recorded changes but what seems (Madubuike, 2015; Ojakorotu, 2008; unchanged is the allocation of lion Ottigbe & Ottigbe, 2015,Several share of centrally generated revenue to National Political Reform Conference), the federal government (Babalola, other regions argue in favour of the 2016; Chukwuemeka &Amobi, 2011; advancement of the principle equality Ewetan, 2012). As explained earlier, the and population. The main argument has vertical allocation formula since 2000 been that since oil like other natural has been in the favour of the federal resources is a gift of nature, it therefore government thereby ensuring what belongs to all Nigerians irrespective of some scholars referred to as ―federal tribe or region (Babalola, 2016) that dominance in fiscal matters‖ (Babalola, must not be exclusively allocated to a 2016). For horizontal allocation, the certain region or people.

1999 constitution of Nigeria provides Creation of More States: since the principles of ―population, independence, Nigeria has witnessed derivation, equality of states, internal numerous movements for state creation revenue generation, land mass, needs from all angles or regions in the polity. and even development, etc‖ (Babalola, Generally, the main rationales behind 2016; Chukwuemeka & Amobi, 2011; the creation of states in Nigeria were to Ewetan, 2012). While there is common address various economic, political and ground among the state governors that socio-cultural issues in the country the higher proportion of revenue shall (Ezeji-Okoye, 2009). In fact, it is based be allocated to the state government, on this continues quest that, some there are concerns in the principle of groups are still calling for the creation derivation. of more states. It has been advanced Beyond the general principle of that fiscal decentralisation of public allocation, the Nigerian constitution spending responsibilities in federal provides no less than 13% of revenues states brings about economic generated from natural resource be development (Alsamee et al, 2016; allocated based on the principle of Babalola, 2016). At a variance with the derivation. This means that since federal government where the states are Nigeria‘s revenue majorly depends on dependent on the all-powerful federal oil, the ―oil producing states‖ are thus government, this has triggered a lot of entitled to 13% derivation from the oil robust agitation for the creation for sales in addition to the statutory more states in order to achieve massive allocation from the federal government. devolution of powers to sub national While the derivation principle is levels. Scholars argued that true fiscal captured in the constitution, its federalism has never been practiced in application has always raised eye brows Nigeria in its real sense (Babalola, and controversies among the elites of 2016; Chukwuemeka & Amobi, 2011; each region with a geo-political Elekwa et al, 2011; Ewetan, 2012). dimension (Anugwam, 2005; Babalola, Therefore, in Nigeria ―true federalism‖ 2015; Chijiokeet al, 2012; Elekwa et al, was only practiced between 1954 and 2011; Madubuike, 2015; Ojakorotu, 1966, a period characterized by massive 2008). While the oil producing states devolution of powers to the regions.

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It is on record that the period of military 1963, 19 states in 1969, 23 states in rule witnessed a reduction of power of 1987, 30 states in 1991 and, 36 states the regions and subsequently more and Abuja (the FCT) and 774 local states and local government areas were government councils in 1996 (Elekwa over the years created as reflected in the et al, 2011;Ezeji-Okoye, 2009), the fact constitutions (Ezeji-Okoye, 2009). still remains that most of them (states However, in spite of the series of and local governments) were created structural changes that took place under along macro or micro-ethnic lines. the military regimes occasioned by Their consequence is that, the intra and agitations by several interest groups, the interethnic discord which largely current number of states in Nigeria is resulted from inequality of ethnic considered by some interest groups as representation even in the 1960s is imbalanced. In terms of geo-political resurfacing at the state and local levels. zones, North-West has (7 states), North- In essence, current Nigeria‘s federalism East(6states), North-Central (6 states), has only rotated between the factor of South-West (6states), South-South (6 extreme regionalism that characterized states) and South East (5 states). Not the pre-independence and first republic minding the population, land size and era as well as the centrality of the other consideration fora such number of military and to some extent the post states in each geo political zones, what military era. The wider implication is an is regarded as imbalance have provoked enlargement of the federal serious agitations especially by the government‘s power even at the state South-East and the Igbo communities in and local levels. Hence, the call for the country(Ezeji-Okoye, 2009). Their what was ―better days‖ in the 1960‘s argument has been that since every geo that is the return to the former regional political region in Nigeria has at least 6 federalism and parliamentary system of states, except the South East; there government. should be at least an equal proportion of Even more recently, some prominent such states. Such call for an equal leaders of the Yoruba nation (in a proportion of states however does not summit at Ibadan on 9/9/2017have consider other determinants for state advocated for the return to regional creation especially population, land government based on the 1960 and or mass, etc. 1963 constitution (TVC news, 2017). In Return to Regional Federalism and fact, some proponents of restructuring Parliamentary System of have argued that the current presidential Government: over the years, there system of government being practiced have been calls to the return to federal in Nigeria over the years is too costly structure based on the 6 geo-political and expensive to run in terms of zones of the country as witnessed in the financial management. Hence, the 1960s. Although Nigeria federalism and recent calls for the return to a presidential system which started since parliamentary system of government in 1979 has been operating, it has not been order to reduce the cost of governance satisfactory to most of the stakeholders. in the country are considered justifiable. While the changing forms and The main argument is that under a structures of the federation from 3 parliamentary system, members of the regional structure in 1960, 4 regions in parliament are members of the

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 executive hence a possible reduction in particular argument, this view is worth the cost of governance. In furtherance sharing: of the saving cost argument, some One argument for the establishment proponents are even advocating for part of state police is based on the need time legislators instead of the to reduce crime to its barest. Crime permanent who in some cases are either occurs in every ―community‖ and is idle or attending to unnecessary issues. perpetrated by those who in most cases, come from that community Reorganization of the Nigerian or locality. To deal with crime Police: due to the upsurge in violent therefore, there is an urgent need to and non-violent cases of crimes and the ensure that ―locals are absorbed and inability of highly centralised police to posted to their various localities to prove it worth across Nigeria fish out the criminals (Agwanwo, (Agwanwo, 2014; Egunjobi, 2016) 2014:170). there are calls from some quotas that Beyond the argument for absorbing the current Nigerian Police Force (NPF) locals in addressing local security be reorganised to face the current challenges, the call for state police will realities. These calls are not farfetched unravel the current ―nominal role state from the fact that there is a wave of governor‘s play as the Chief Security recurring conflicts/insecurity such as Officer of their states‖ (Agwanwo, insurgency, armed robbery, kidnapping, 2014:170). The argument has been that herdsmen/farmers clashes, among other while the constitution stipulates that insecurity challenges across the country state governors are the Chief Security that the NPF fails to address. Moreover, Officers of their respective states, in the failure of the current NPF to reality they lack such power to function. efficiently perform its constitutional Instead, the Commissioners of Police duties, among others factors, is now who are appointed by the Inspector blamed on the over-centralization of the General of Police does such function. force (Agwanwo, 2014; Egunjobi, Furthermore, since Nigeria operates a 2016). To address this problem, two federal system of government, it is options remain the most common argued that the roles and responsibilities views. While some are calling for the of the protection of lives and properties decentralisation of the current NPF of the citizens shall be decentralised through the establishment of state like in other federal democracies such police, others are emphasising the need as in the USA (Agwanwo, 2014). It is for reform or reorganisation of the force advanced that such calls are for the to serve Nigerians better. ―constitutional devolution of power to

For the proponents of the establishment establish, organise, maintain and of state police, they argue that it will control the police by sub-national units help in curbing the current high rates of making up the Nigerian federation‖ recurring criminal acts in the polity as it (Egunjobi, 2016:1). Similarly, such is expected to comprise officers who creation of state police will reduce the understand the language, geography and current youth unemployment that in the peculiar security challenge of the itself is considered a security threat to people they would be policing most communities and the nation in (Agwanwo, 2014). To advance this general.

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While the call for state police is Vice-President, Governor or Deputy considered advantageous by some Governor while in office. Some quotas, these calls have also received advocates of restructuring are calling criticisms championed by eminent for the removal or review of this section Nigerians such the former President of because it gives room for the abuse of Nigeria, Dr. Goodluck Jonathan, current entrusted power. The argument is that, President Muhammadu Buhari, former this immunity clause had been abused Inspectors General of Police, Sunday by the holders of the key executive Ehindero and Mohammed Abubakar, offices without due recourse to rule of and the Northern Governors Forum, law of the land and accountability to the among other stakeholders (Agwanwo, people. While this position remains 2014).Their fears may not be divorced valid, there are fears that if this from the experiences Nigerians have objective is attained most elected had during the era of Native Authority executive officials will be distracted Police that operated under the then local from delivering their basic duties and government in the Western and responsibilities to the citizens. This Northern regions in the 1960s means that, while the idea is considered (Egunjobi, 2016). As reported by the a good one it should however be treated scholars, while the idea of state police with caution especially by considering may be theoretically good, in this the current political environment in political environment in Nigeria, the Nigeria characterised by lack of fear is that the system may be abused genuine opposition. by some sitting governments as was the In another case, the roles of traditional case in the 1960s (Agwanwo, 2014; rulers in Nigeria are not constitutionally Egunjobi, 2016). The best option recognised with clearly defined roles or therefore according to this group is the responsibilities. Hence, some advancement of the effective individuals and groups are advocating reformation of the current NPF to serve for constitutional recognition of all Nigerian better. They further argued traditional rulers in Nigeria with clearly the multiplicity of state police defined responsibilities not the current formations with different state laws can advisory roles in local decision making be very difficult to manage especially in through Emirates and kingdoms. Their a complex country like Nigeria. Even main argument is that during pre- more worrisome is that with many colonial, colonial and early post- states of federation unable to pay their independence era traditional rulers were salaries for months, the funding of state key players in the area of governance in police is unlikely. various regions and capacities in the Removal of Immunity Clause, country. This was until 1976, when the Appropriate Role of Tradition Rulers then military government introduced a and Recognition of Indigenous uniform local government People: section 308 (1-3) of the 1999 administration system in the country. constitution of the Federal Republic of Consequent upon this, traditional rulers Nigeria (as amended) provides that no were insulated from politics and criminal or civil proceedings shall be formally assigned advisory roles which instituted or continued against a person are not binding on the elected local holding the office of the President or government authority (Fatile and

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Adejuwon, 2009). This therefore means In current Nigeria‘s case, its realities the return to status quo to pre 1976 reflect this thinking, with over 250 where most traditional rulers in the tribes and ethnic groupings mostly country had constitutionally assigned guided or misguided by different roles and responsibilities. religions and regions in the country. The relevance of Afenifere, Ohaneze In another respect, the indigenous N‘digbo, Arewa Consultative Forum, people of Federal Capital Territory Southern Leaders Forum, and Ijaw (Abuja) under the banner of Original National Congress etc- each Inhabitants Development Association representing sectoral cleavages said (OIDA) are calling for the amendment it all (Abbas, 2016:221). of the 1999 constitution of the Federal With some of these other groups in this Republic of Nigeria to reflect the bracket such as the Odua People cosmopolitan nature of Abuja. The Congress (OPC) in the West, indigenes are calling for the Movement for the Survival of Ogoni establishment of an elected office of the People (MOSOP) in the South-South, governor just like other states of the Movement for the Actualization of federation. The current appointment of Sovereign State of Biafra (MASSOB) a minister by the President they insist is in the South-East, Arewa Consultative not justifiable as there would be more Forum (ACF) in the North among accountability and development if a others (Abbas, 2013; 2016; Ezeji- governor were to be elected by the Okoye, 2009), they remain nothing but citizens of the area. Hence, the OIDA arrow heads of their different social and proposes a restructuring based on the political cleavages. Over the years, devolution of power from the federal other issues that have been presented authorities to Federal Capital Territory and defended by the sesocio-political Authority (Daily Trust, 2017). The groups include the rotational Abuja locals are not the only ones in presidency, claims and counter claims this quest. There are calls from Lagos of marginalization, local government (former capital of Nigeria) due to its financial autonomy, sovereign national cosmopolitan nature, as well as its conference, adopting unicameral strategic importance to the nation‘s legislature in place of the bicameral development, that there shall be an legislature at the national level, among established office of the mayor as in the several others. While these issues case of other big cities in the world. among several key others as indicated

Constitutional Basis for above have been in discussion over the Restructuring Nigeria’s Federalism. years, fiscal restructuring could be While most of the issues raised earlier achieved through the rebuilding of the are considered valid, the shoddy economic landscape through good practice of federalism in Nigeria has governance, transparency and resulted in the emergence of ethnic, accountability. regional or religious based groups most It should however be noted that in some of which are militant in nature cases, most aspects highlighted require championing one agitation or another reorganisation or constitutional for the internal autonomy of their amendment. This is due to the fact people as captured below: agitations for restructuring are affected

by one constitutional section or the

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 other. Therefore, for a meaningful Conclusion and the Way Forward restructuring in Nigeria to take place, a Basically there is no doubt that the total overhauling if not amendment of federal system of Nigeria is in serious the entire 1999 constitution of the crisis due to agitation for restructuring Federal Republic of Nigeria (as and resource control. However, in spite amended) is considered an alternative. of the shortcomings of federalism being This means that going by section 9 (2) practiced in Nigeria, federalism is still of 1999 constitution of Nigeria (as the only suitable system of government amended), an Act of the National that can be used to govern a Assembly for the alteration of this heterogeneous multi-cultural and constitution, shall not be passed in religious society like Nigeria. As the either House of the National Assembly political system continues to evolve, unless the proposal is supported by the and change forms and structure, it is votes of no less than two-third majority expected that an acceptable federal of all members of that House and system that will take care of agitations approved by resolution of the Houses of from the every component units may Assemblies of not less than two-thirds emerge. This however requires that all of all the states. Nigerians resolve to love and appreciate

However, depending on area or aspect one another and respects each other‘s that requires restructuring, it has been desire and feeling towards achieving advanced that; one reason for one united, and prosperous Nigeria restructuring is to improve national through selfless determination, commitment, sacrifice and patriotism. unity and peace for peaceful co- existence, political stability and In order to address the ongoing balanced national development. With agitation for restructuring and resource regards to implication for the control, the paper hence suggests the restructuring, Nigeria‘s constitution following: provides a legal basis for the general 1. Where it is considered necessary, and operation of government (levels and for the purpose of promoting national organs) as well as the procedure for unity and political stability, relevant amendment through a joint resolution of constitutional sections being sought the National Assembly and States for change should be amended with Houses of Assemblies. It means that national interest as the main guiding amending Nigeria‘s constitution for the post. purpose of restructuring requires an 2. The government at all levels of approval of the two-third majority of governance structure should address the 36 State Houses of Assemblies corruption in order to achieve (SHOAs) across the country, meaningful development across particularly with regard to fiscal regions of the country. restructuring and true federalism to 3. A number of issues raised for scale through. This is also to take into restructuring, cannot be addressed in consideration the number of states isolation of the effective and efficient across geographical regions of the implementation of government‘s country and their economic positions. socio-economic policies and

programmes through strict adherence to the constitution.

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4. It is a reality that every region in utilization of the federal, state and Nigeria is in a serious developmental local government‘s allocation meant crisis that requires people centered for the welfare of the citizenry.

References Awofeso, O. (2017). Secessionist Abbas, A. I. (2013). Post military era movements and the national and the challenges of democratic question in Nigeria, IJRDO governance in Nigeria, African – Journal of Social Science and Dynamic of Social Science Humanities Research, 2 (7), 35–55 Reviews, 4(4), 56 – 70 Babalola, D. (2016). Fiscal federalism Abbas, A. I. (2016). Political parties and economic development in and inter-party conflicts in Nigeria: The contending issues, Nigeria: Implications for Global Journal of Political Science democratic consolidation, and Administration,3 (2), 53-69 International Journal of Political Burgress, M. (1993). Federalism: A Science and Development, 4 (6), reappraisal, in Burgress, M. 216 – 230 &Gagnon, A. (Ed) Comparative Agbu, O. (2004). Re-inventing Federalism and Federation, New federalism in post-transition in York: Harvester Wheat sheaf Nigeria: Problems and prospects, Chijioke, S. U, Innocent, E.O &Emeh, Africa Development, 29(2), 26-52 I.E.J. (2012). Issues in Nigerian Agwanwo, D. E. (2014). State policing fiscal federalism: The relationship and police efficiency in Nigeria, between the principle of derivation Research on Humanities and and resource control, Kuwait Social Sciences, 4 (25), 165 – 173 Chapter of Arabian Journal of Akindele, S. T. & Asaolu, T. O. (2003). Business and Management A theoretical examination of the Review,1 (5), 54-72 perspectives on political economy, Chukwuemeka E. E.O. &Amobi, D. S. Kamla-Raj, 7(3), 239-248 C (2011). The politics of fiscal Alsamee, E. M. B., Abdul-Wahab, H. federalism in Nigeria: Diagnosing &Yusof, Y. (2016). Distribution of the elephantine problem, powers between federal and local International Journal of Business governments in Iraq, the Social and Management, 6 (1), 126- 136 Sciences, 11(13), 3385 – 3390 Daily Trust (2017, 15th July). FCT: We Angahar, P. A. (2013). The impact of need a governor not minister– existing inter-governmental indigenes financial relations on effective Dickson, M. & Asua, S.A. (2016). The service delivery at the grassroots politics of resource control in in Nigeria, International Journal of Nigeria: Agitation and innovation, Academic Research in International Journal of Politics Accounting, Finance and and Good Governance, 7 (2), 1–13 Management Sciences, 3 (1), 112– Egunjobi, A.A (2016). The Nigerian 118 federal practice and the call for Anugwam, E. E. (2005). Oil minorities state police, International Journal and the politics of resource control of Advanced Academic Research, in Nigeria, CODESRIA, 30 (4), 2 (7), 1-14 87-120

Elekwa, N.N., Mathew, B.F. & Akume, of Nigeria, Report of National A.T. (2011). Fiscal restructuring in Conference, Abuja Nigeria: A historical review, Ojakorotu, V. (2008). The JORIND, 9(2), 413–428 internationalization of oil violence Ewetan, O. O. (2012). Fiscal federalism in the Niger Delta of Nigeria, in Nigeria: Theory and practice, Alternatives: Turkish Journal of International Journal of International Relations, 7 (1), 92– Development and Sustainability, 1 118 (3), 1075-1087 Omenma, J. T. (2002). The federal Ezeji-Okoye, K. (2009). Political, structure and the politics of economic and cultural rationales resource control in Nigeria, an for state creation in Nigeria, a PhD M.Sc. dissertation, University of dissertation Atlanta University Nigeria, Nsukka Fatile, J O. I. &Adejuwon, K. D (2009). Ottigbe, F.O. & Ottigbe, P.V. (2015). The place of traditional rulers in The critical analyses of fiscal local government administration in federalism and resources control the new political order in Nigeria, agitation by the political leaders of African Journal of Social Policy Niger-Delta, Journal of Education, and Administration, 2 (1), 9–19 Arts and Humanities, 3 (4), 84-100 Federal Republic of Nigeria. (1999) Tochukwu, O.J. (2002). The federal Constitution of the Federal structure and the politics of Republic of Nigeria resource control in Nigeria, an Madubuike, S. C (2017). Ethnic M.Sc dissertation, University of conflicts: Social identity and Nigeria, Nsukka resource control agitations in the TVC news (2017, September, 9). Niger Delta Yoruba Nation Summit at Ibadan: National Conference (2014). Position of Call for return to regional system Ohaneze N‘digbo: For and on of government of the first behalf of the Igbo-speaking people republic-1960 and 1963 constitution.

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Covenant University Journal of Politics & Internationall Affair. Vol. 6 No. 1, June 2018

An Open Access Journal Available Online

Fragility of the Nigerian State and the Challenge of Boko Haram Violence

Alabi Usman & Salihu Bashir

Department of Political Science, Faculty of Social Sciences, University of Lagos, Akoka – Yaba Lagos, Nigeria [email protected] [email protected]

Abstract: The state as a part of the socio-political system is expected to maintain the stability of the system and facilitate the delivery of public goods in the best interest of the populace. When the state fails in its responsibilities to effectively cater for the needs of the people or, when it fails in its socio-economic responsibility to the people, it is automatically calling for alternative to itself. The abysmal failure of successive administrations in Nigeria to address the challenges of poverty, unemployment and inequitable distribution of wealth among ethnic nationalities, ultimately resulted to anger, agitation and violent crimes against the Nigerian state by some individuals and group. Boko Haram violence has exposed the fragility of the Nigerian state. The deadly Islamic group in Northern Nigeria which has embarked on suicide bombing, guerrilla warfare tactics, kidnapping, and all kinds of atrocities all in the bid to impose extreme Islamic ideas on Nigeria has led to the loss of several lives and properties, displaced many, destroyed hundreds of schools and government buildings and devastated an already ravaged economy in the North East, one of Nigeria‘s poorest regions. This paper emphasized the centrality of the state in the Boko Haram violence; it explains that the fragile character of the Nigerian state is responsible for the Boko Haram violence. It also explored the integrity as well as the efficacy of the state response to Boko Haram violence, as well as a critical look at the character and context of the Nigerian state. It adopts the qualitative methodology and deploys data from secondary sources. This paper however concludes that even if the state defeats Boko Haram

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terrorists, it might not be an end to the resistance against it. The reason is that the structures and Institutions of the Nigerian state are designed in a way that gives room for dissent and anti state struggles, and until that context of fragility is addressed, even if Boko Haram violence is quelled, another is likely to arise. Keywords: Boko Haram, Fragility, Nigerian State, North East, Violence

Introduction the second section explores the various The Nigerian state is a state in constant literatures on the current issue and the crisis, there is never a hiatus from this; theoretical frame work. The third from the inception of the state till now, section critically explores character of the state in Nigeria has been faced with the Nigerian state. The fourth section one crisis or the other and the inability explains state fragility and the challenge of the state revisit this context of of Boko Haram violence, while the last violence and the neo-patrimonial section gave suggested recommendation character also explains the sequence of on how to deal with the issue. continuous violence from various group Introducing the Context of Fragility against the state. It is too simplistic an and Violence explanation that human condition The state has a manifested destiny; only problems are solely responsible for the she has the capacity to create an various violence as that of Boko Haram enabling environment for development. experienced in Nigeria; such Though in modern times, the state is not explanation does not take into the only institution that is responsible consideration the character of state for development, but it is the only formation and the institutional basis of institution that is responsible for the state, its neo-patrimonial character. creating the enabling environment for All these explain the fragile character of advancement and improvement in the Nigerian state and her inability to human condition and economic qua effectively put an end to the continued social development (Ninalowo, 2010). violence against it. The state is a force within society with

The Boko Haram violence is one of coercive powers and monopoly of such violence against the state, even force; it is the only institution with this now, their mode of operation, power. Even the state is a class within persistence and strategies has further the various classes that permeates exposed the fragility of the Nigerian society, but the state as a class rises state and the fact that it completely above society and mediates between the lacks the capacity to effect its manifest various classes in the society, thus the destiny of law and order, as well as the state is a neutral class, it is a neutral fact that it has completely lost the institution and it is also the medium of control of the monopoly of the expression for the society and its instrument of violence. various institutions and classes.

State fragility and the challenge posed The state mediates between the various by Boko Haram will be explored in this classes in the society on contractual paper. The paper is divided into five basis since the state is expected to be a sections. The first part introduces the product of a social contract or call it a context of fragility as well as explains societal contract. The state determines the problem that necessitates the paper; politics, it is itself political and

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 responsible for the allocation of values carrying out violence against it to seek in the society, the state determines who their own ends on their own. gets what, when and how of society‘s Osaghae (2010) in his examination of limited resources. The life of the the concept of state fragility alludes that individual in the state is been when one considers the state as the influenced by this core responsibility of mainstay of political order, her roles are the state since in the Aristotelian justifiable, but the challenge has always parlance, an individual has no life been that the state has not always been outside the state, it is the state that gives able to play the roles expected of it. him humanity, the absence of the state Perhaps this is reasons why some of makes him vice versa. these states have been typified as failed, Ninalowo (2010) posited that inability weak and rogue, thus associating them of the state to effectively perform its with underdevelopment. The argument responsibilities thus fulfilling its own here is that the state has been unable to part of the social contract has led to play its role and sometimes have even chaos and crisis in some parts of the failed abysmally in this regard world, specifically insecurity at all especially in the Somalian situation, levels of human existence and the therefore given rise to anti state groups. worsening of the human conditions in This is however very common in some some places in the world. This inability clime especially in Africa of which our has led to the emergence of none state case Nigeria is a part. organizations which manifest as Brock et al (2012) stated that despite insurgent groups or terrorist the heterogeneity in the world of states, organizations acts as resistance to the there are some basic functions which all state and has continually question the states are expected to fulfill in order to legitimacy of the state and its power to be qualified as states. Among these are exercise its manifest destiny. They have the provision of both security and arisen to question the monopoly of the material well-being. Failure to provide state as a dominant institution that these two public goods is not simply determines the affairs of men. As they expressions of doing things differently are of the opinion that the state has but evidence of doing them badly. In failed woefully in its responsibility to this sense, the terminology of failed, them and therefore they seek for a right weak, or fragile states is not descriptive, to determine their lives, they make but also has a normative connotation: immediate demands on the state and states are not functioning as they they expect to get it in time, the should. Thus the extent to which a state inability of the state to meet up with is able to fulfill that global historical their demands often leads to violence mandate of promoting or enhancing the and unconstitutional activities, some quality of life of the citizenry is a even go to the extent of demanding fundamental measure as to the degree to their own neutral existence, a state of which such state is designated to be their own independent of the state of the either responsible/successful or commonwealth. The core of the matter unsuccessful or constituting failure or here is that the inability of the state to failed state (Ninalowo, 2010). meet up with its responsibility often creates a backlash in the form of groups It is against this fundamental background or context that this paper

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 would be examining the Nigerian state be traced beyond 2002 but 2002 marked and its ambiguities, its fragility and the beginning of their activities in the Boko Haram violence which have country. They became militant in 2009 beclouded the peace of the country for after the gruesome killing of their more than a decade. leader, Mohammed Yusuf by the Political violence, conflict, and crisis Nigerian Security Establishment and have become essential characteristics of since then they have rained terror and the political process (Anifowoshe, violence on Nigeria with impunity in 1982). The Nigerian state has been a spite of the efforts of the state at state in perpetual crisis given the nature curbing and eradicating them. of its formation; it has witnessed series The Nigerian state has thus failed to of violence both political and terroristic. live up to its responsibility, it has been The violence ranges from the Kano helpless in the face of this crisis and Riots of 1953, to the census crisis, the have only resorted to the use of the 1964 western election crisis and the conventional military method of organized pogroms of 1966 against the curbing this menace which has yielded Ibos in the North. But in 1980, a group no result. The state has failed to identify called the Maitatsine perpetuated the major causality for this violence or violence in northern Nigeria, the stated pretended not to know which is also aim of the sect was to confront responsible for its festering for this materialism and purify the Islamic long. The argument is however that the practice (Agbonifo, 2014). fragile nature of the Nigerian state has Boko-Haram though has had an uneasy made it impossible to address core reign of violence and terror in Nigeria, socio-economic problems which has a but has been responsible for the death concomitant effect on the economic of thousands in Nigeria despite efforts environment and the social relations of of the Nigerian security forces at the people, the Nigerian state is not a tackling the menace. The point at which failed state in the example of Somalia they transformed from being a radical and others, it is a fragile state that is not religious organization in North-east capable of enhancing development. Nigeria to being an insurgent terrorist Thus given rise to the various anti-state organization having regional violence especially the Boko-Haram ramifications with global connection violence which is the core of this paper. has been a subject of contestation. The Statement of Problem role of the state in this, and its response What kind of state is continually has also been controversial. Boko susceptible to crisis and immediately it Haram had perpetrated violence not is done with one; it is immediately only in the North-eastern part of the faced with another? From independence country which is their home, given the till date, the state in Nigeria has terrain, but also in some core northern continually experience one crisis or the states like Kano, Niger, Sokoto and other. The speed with which another even the Federal Capital Territory, raises its head after one is quelled is Abuja. phenomenal. All these crises seem to Scholars defer on when Boko-Haram always be the advanced form of the started in Nigeria, but there is a previous ones, thus no problem or consensus that though it could actually

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 challenge is effectively solved or group exists and where it is possibly eradicated. headed. It is within this environment of

The Boko Haram violence is an challenges and enable Boko Haram advanced form of the previous ones in operates, finds sanctuary, and draws recruits. the north eastern region such as maitatsine, Niger-Delta crisis might Gourley, (2012:2) examined the have worn a new cloak, but it has operating environment of Boko Haram; always been there, the Fulani he highlights the socio economic herdsmen/pastoralist crisis has always conditions that prevailed in Northern been there and several other of such. Nigeria and in Nigeria as a whole. He is One of the identifying characters of of the opinion that these socio- Nigerian state is susceptibility to crisis economic conditions gave rise to Boko and lingering on of such. Within just Haram and sustains the group. The seven years of independence the economic system in Nigeria according Nigerian state has exploded into several to him faces a substantial number of crises which culminated in the civil war challenges which has translated into of 1967, perhaps there is a context of open protests to influence the political violence; it is this context that explains system. Illiteracy and poverty continue the various wars fought within the to ravage the northern region despite territory of the state. the efforts of various groups to curb

The Nigerian state is not exempted them. The author also believes that the from the above explanation, the fragile socio-economic conditions are not nature of the state in Nigeria has alone. They exist alongside religious resulted in various form of issues and governance failure and sociopolitical violence and crises and political challenges created by rampant also resistance against the Nigerian endemic political bribery and state, ranging from insurgency in the corruption at the local level. The Niger-Delta staged by the militants to concomitant effect of all these factors is Boko-Haram. Hence the Nigerian state the Boko Haram violence. Adesoji given its character and nature and the (2010) in similar vein, highlights these precarious nature of its fragility have environmental conditions which are found it difficult to effectively perform socio-economical, they include mass its duties, the consequence of which are poverty, inequality of opportunities, the various manifestation of improper use of resources, revulsion of sociopolitical upheaval and violence, injustice, lack of educational including Boko-Haram. The objective opportunities, ignorance, corruption and of this paper is to interrogate the fragile unemployment. Corroborating Gourley character of the Nigeria state and to see (2012) argument, Isa (2010) posits that the extent it has exacerbated conflict. states that are been affected by Boko Haram activities as a result of abject Review of Literature poverty, lack of basic infrastructure, Before delving directly into Boko high level of illiteracy, unemployment, Haram, it is important to place the dwindling fortunes in agriculture as a group inside Nigeria‘s larger context of result of the negative effect of climate varying social, economic, religious, and change, the almajiri system of political factors in order to have a more nuanced understanding of why the

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 education and the unproductive nature The London Times (Anonymous 2010) of the northern economy. saw the uprising as symptom of the

Aliyu, Moorthy and Idris (2015) wrote social breakdown that has made Nigeria that the key issues that gave birth to so prone to violence (As cited in Boko Haram include poverty, Abimbola, 2010 p. 7). Still on the corruption, unemployment among the socio-economic thesis, Achebe (2012, youths, armed robbery, moral p. 250) believes that the economic decadence and the problem of bad deprivation and corruption in the north governance. Following this line of warrant Boko Haram. To him, these thought is Sope Elegbe; the research twin problems produce and exacerbate director of the Nigerian Economic financial and social inequities in a Summit Group (NESG) who posits that population, which in turn stimulate rising poverty in Nigeria is political instability. Arguing from this accompanied by increasing point of view, the Boko-haram implore unemployment. Unemployment is all kinds of religion tactics, higher in the north than in the south; fundamentalism to sway the local this alongside radical Islam explains citizenry that they are fighting an holy growing violence in the north (as cited war, thus gaining sympathy and also in Oxford research group, 2011, p. 4). It increased their recruitment and support is obvious from the foregoing that base, which they capitalize by adopting socio-economic factors which are the unconventional warfare tactics to obvious creation of the nature and unleash havoc on the lives of ordinary character of the existing state in Nigeria citizens. are responsible for the anomaly called Agbiboa (2013) also submits that Boko Haram violence or insurgency. relative deprivation and the history of Militant Islam is responsible for the These crops of scholars are of the Boko Haram violence in Nigeria. Aliyu, opinion that the major factor Morthy and Idris (2015) contend that responsible for the upsurge of the Boko bad governance, poverty, corruption, Haram violence is the condition of the unemployment among the youths, human life which basically point to armed robbery, and moral decadence their socio-economic well-being. In are the root causes of Boko Haram. The similar vein, Bintube (2015) in a Oxford Research Group also share the survey carried out in the north-eastern same line of argument in their work on region disclosed that the root cause of Boko Haram, they believe that the Boko Haram phenomenon is the socio-economic context should be given inherent self-sustaining nature of its more emphasis in the analysis of the driving force stemming from ignorance, Boko Haram violence. Harnischfeger poverty and illiteracy. He buttressed his (2014) posits that the young militants in argument with empirical evidence when Maiduguri or Potiskum have good he argued that socio-economic factors reasons to hate the representatives of were the major influences responsible the state. He wrote that their rebellion is for the insurgency; which a lot of born out of poverty, illiteracy, and scholars have agreed that these social unemployment; hence a response to economic factors is the root causes of social neglect. Harnischfeger however Boko Haram activities in Nigeria. puts a poser which would lead us to the next strands of arguments in literatures.

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He stated that interpreting the rebellion Yusuf and the ruling class since their as a protest against the declining living decision aligned with his plan to conditions is not in consonance with the promote strict adherence to Islamic law, statements of Boko Haram leaders who but he was disappointed at the type of insists that the insurrection is religious. Sharia introduced which fall short of his

What can be stated absolutely about standards, thus putting him in a Boko Haram is that it represents an situation to reach a conclusion that the element of the Nigerian Muslim ruling elites were not serious Muslims dominationism that has not been or that their western education was satisfied with the current state of the hindering or limiting their commitment. imposition of Sharia since 2000. Its He continued in his line of Sharia believe hold considerable appeal to politico thesis citing Omipidan (2009) dissatisfied elements throughout who posits that Yusuf‘s fraternization Northern Nigeria (Cook, 2011). with the political class possibly informed his willingness to use his This is a deviation from the socio- group to assist the political elite to economic poverty thesis which seems to secure political power that would in be a general opinion. Cook (2011) turn be used to protect and possibly brought our attention to something far advance his career. His abandonment more critical not only in the context of by the political class could have the Sharia argument but in the direction hastened his dissent to violence to of the fact that there could be some less effect change. considered issues which could serve as explanation to the violence in Nigeria. McConnell (2009) posits that failure to The Sharia line of argument was total in attach the Sharia based law to social his work; he was however convinced welfare schemes, the implication of beyond doubt that the Sharia factor is which would mean that the dividends of primary in the consideration of the Sharia are not forthcoming; the reality Boko Haram violence in Nigeria. He of this is the radicals stepping in to however alluded to the frustration felt demand fully beneficial Islamic state by Muslims that none of the northern (as cited in Abimbola, 2010). Barna states in Nigeria have effectively (2014) having cited socio-economic implement Sharia which perhaps is the factors as necessitating Boko Haram reason for the rise of Boko Haram, first also contend that the implementation of in Maiduguri and then throughout the the Sharia law is considered by some as Northeast part of Nigeria. incomplete and lacking in meaning as it is not effectively dealing with the Succinctly speaking, the failure to fundamental issues like corruption or effectively implement the Sharia law in poverty, she further stated the lack of the Northern region is probably the connection between the Sharia law and reason for the emergence of Boko a social welfare system in states in Haram. Following this line of argument Northern Nigeria is cited as a potential is Abimbola (2010); who expressed it in reasons for Yusuf‘s dissatisfaction with the context of partisan politics and its introduction, hence falling short of political patronage, he argued that the his standards. Dearn (2011) also introduction of Sharia in some parts of submits that there is no doubt that many Northern Nigeria beginning from 1999 Muslims were not satisfied with the appear to inspire closeness between

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 adoption of Sharia law in 12 northern mean that the Militants could count on states between 1999 and 2001, because widespread support. In other words, as they felt it was either too watered down Montclos (2014,) argue that the radical and discriminatory in favour of the rich form of Sharia that Boko Haram wants and highly placed or that the whole of to impose does not correspond at all to the Nigerian state should have been the demand of a very large majority of Islamized. Nigerian Muslims, which has been

Harnischfeger (2014) also argued openly criticized by Islamic clerics. The following this line of thought posit that core of the matter is that all hell was let loose when Sharia was introduced. at the height of the Sharia campaign, most political and religious leaders in Another perspective on Boko Haram the far north supported the introduction violence in Nigeria from literatures is of harsher Islamic laws, yet made sure that expressed by Kukah (2012), a that these laws were implemented only scholarly clergyman from Northern in a selective and half-hearted way. The Nigeria, he is of the view that bad politicians are however responsible for governance is responsible for the Boko Boko Haram because of the political Haram violence in Nigeria. He went gimmicks they played in the adoption further by reiterating the effect of bad of Sharia, they did not go for Sharia governance, corruption, total lack of because they wanted religious security and welfare have all constitute purification in the north but for political the reality of our daily lives, thus in the motives, and then when they could not eyes of the sect members, the persistent put Sharia into full practice nor corruption, collapse of public morality, continue with it, they set ablaze the injustice and so on could only be incendiary centrifugal forces of attributed to those who govern. They religious fanatism cum violence that we thus reason that those who govern us are all witnessed to. have acquired their tools by gaining

It would be very difficult to leave out western education. The author argued (As cited in Agbiboa, 2013, p. 9). the Sharia thesis in the blossoming of the Boko Haram violence in Nigeria, Ojukwu (2011) submits that naturally, especially giving the insincerity of the conflicts and violence can set in, in a politicians in its application and state where there is crisis of governance adoption without due regards to the and bad leadership which might be religious atmosphere of the North. The what elicited or provoked the current moment they introduced Sharia, they political disorder in the Northern gave room for divisive tendencies that region. The author argued that bad they might not be able to engage nor governance is one of the most handle, they empowered radical Islamic theoretical explanations for state groups who also seized this opportunity collapse. According to him, the of Sharia to advance their interests. phenomenon of governance emphasizes Harnischfeger contends that no leadership, the manner in which Northern Muslim wants to leave in a political state leaders manage, use or Taliban-like regime even though they misuse power to promote economic find it difficult to formulate an development or pursue agenda that alternative if they distance themselves undermine such goals. The author from the militants, it does not however explained that governance must be

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 reflective of the various institutions that government and contributed to the rise pervade the state, hence to him, there of groups that embrace violence and would not be good governance if there reject the authority of the state (As cited is no good leadership; the absence of Agbiboa, 2013). both is responsible for the violence of Oviasogie (2013) took a radical state- Boko Haram. Hence, the emergence of centric turn when he argue that state Boko Haram is a direct consequence of failure is responsible for Boko Haram government failure to provide the basic activities in Nigeria; He went further to human needs of the citizenry (Ugwu, state that the characterization of Nigeria 2015). He continued by stating that the as a failed state has impacted in making prevalence of abject and dehumanizing it a breeding ground for terrorism. The poverty; bad governance; high rate of problem with this line of argument is unemployment; hunger and disease; that even the author finds it difficult to rising tides of social unrest among reach a conclusion on whether Nigeria others are the indicators of the failure of is actually a failed state especially given governance which according to him the fact that the various have created the breeding ground for conceptualizations of a failed state the rise and escalation of Boko Haram depicts a situation of anarchy and loss insurgency. of the state coercive powers. He stated Ilechukwu (2014) also surmised that again causal factors such as corruption, corruption in government, unfavourable poverty and ignorance as causatives of state of the economy among other terrorism even after the state failure factors is responsible for the thesis; this is however contradictory radicalization of Boko Haram. Muzan since the state failure thesis is inclusive (2014) in addition argued on a general of the causatives he outlined. Also, the note that religious & ideological fact that a state possesses the characters discontent, political alienation, of corruption, poverty and ignorance unemployment, poverty and does not make it failed; hence, the discrimination are causative factors of emergence of Boko Haram does not insurgency in Nigeria. Council of necessarily mean that Nigeria is a failed foreign relations in the United States state. All these further expose the (2010, 2011) submits that governance controversial nature of the state-failure failures is often how extremist groups thesis. have historically taken hold, resulting in In similar vein, Okorie and Adebanjo political gains, as exemplified by (2014) argued contrary to the above line Hezbollah in Lebanon and Hamas in of thought, he opined that the Nigerian Palestine. (as cited in Gourley 2012, p. state is not failed but fragile, as the 4) characterization given for its failure In similar vein, Clinton (2009, p.1) on only reinforces its fragility; her visit to Nigeria noted that the most characteristics such as poverty, immediate source of disconnect corruption, low economic growth, between Nigeria‘s wealth and its unstable and divided population, poverty is the failure of governance at legitimacy crisis, weak and ineffective the federal, state and local level….lack and unstable political institutions and of transparency and accountability has bad governance. All these are product eroded the legitimacy of the

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 of the crisis of governance in the identified as some of the major factors context of state-fragility. which has contributed in worsening the

The International Crisis Group (2014) situation in the north eastern part of also contends that the socio-economic Nigeria. conditions of resource curse and Insurgency in Nigeria is unconnected rampant, entrenched corruption with frustration caused by high rate of constitute the context from which Boko poverty, unemployment, weak Haram emerged. The group noted as it governance, religious fanatism and has done in previous reports that ―bad Islamic catechism known in Arabic as governance, sustained economic the Almajirai system, social inequality hardship; rising inequality and social among others (Okoli et al, 2014, frustration are fostering the growth of Akinbi, 2015). Aro (2013) in similar radical extremist groups|‖ (p. 8). vein argued extensively that the same According to the group, there is a factors responsible for the emergence of complicated link between politics, other militant armed groups in Nigeria governance, corruption, poverty and are also responsible for the emergence violence in Nigeria. They also cited of Boko Haram. In fact, He took a declining human development cynical stance when he argued that resources, growing alienation and Boko Haram is not the first militant radicalization as factors to be group to arise in Nigeria and would not considered in the emergence of Boko be the last, the reason he cited was that Haram. the factors that creates enabling environment for militant insurgency Another interesting work is that of the still persist in the country. These factors United States Institute for Peace Special according to him are: ideology, Report (2012,). They believe that Boko unemployment, poverty, corruption and Haram is a creation of violence which lack of development, fictitious fact and was perpetrated against it by the ignorance, failure of governance and Nigerian state. The institute is of the good leadership, social justice, opinion that the way the Nigerian State marginalization and neglect, human handled the Boko Haram group is right violation and frustration. Aro responsible for their resorting to defined fictitious facts as those facts violence. They opined that weakness in that do not directly or physically exist; the institutions of politics and the their existence can only be proved with security services creates a political the instrument of faith. They are facts situation where such threats to stability that cannot be directly confirmed. Aro are not dealt with until violence is a also reiterated a point espoused by the certainty. Their only method of dealing United States Institute For peace which with any threat against the state is opined that Boko Haram is a product of violence. Boko Haram according to the the Nigerian state, particularly the way institute was created under these they were handled by the state security circumstances. Aliyu et al (2015) also apparatus. The implication of this contends that political, external forces argument is that Boko Haram as it is and lack of counter insurgency today is as a result of the way they were approach by the Nigerian government handled by the Nigerian security forces. which are busy fighting the symptoms Hence Boko Haram metamorphosing and not the root causes have been from a Dawah to an arms-bearing sect

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 was in part the making of the Nigerian of Boko Haram (Mohammed, security forces which approach the 2014, p 30). situation as one of law and order and Hence following Stevens‘s (2014) thus responded as such, there was no argument, the Nigerian state is a state in attempt to see the issues raised by the crisis, this crisis which is not exactly movement in a broader multifaceted absence of law and order or violence prism as political, social and economic simply means failure of governance or (Mohammed, 2014). the continuous and consistent

Following this comprehensive state incapacity of government to deliver centric causative, Stevenson (2014, p. public goods. It is in this atmosphere of 3) in a comparative study of Boko incongruity and failure and crisis that Haram, ISIS, and Al-Shabaab stated Boko Haram emerges. that these three groups emerged out of Akuva, Zumve and Ingyoroko (2013) crisis within their respective states. He argued critically that corruption and went ahead to state specifically in page dysfunctional state system is singularly 25 of his study that the rise of Boko responsible for terrorism in Nigeria. Haram in Nigeria could be traced to the They believed that the root cause of challenges of governance in the North terrorism in Nigeria is corruption and east, aggressive police response and they collectively agreed that intellectual prison breaks. But one would probably effort should be focused on the official not be surprised giving the nature and corruption and if there is any need to do character of the Nigerian state, the state critical analysis on the emergence of itself is a law and order state, that is its Boko Haram. They surmised that colonial tradition and formative economic deprivation, marginalization, character, thus the post-colonial frustration, and desperation experienced Nigerian fragile state is not different. by the larger population of Nigeria which is a consequence of official Mohammed in the process of setting a production are the fundamental cause of background for the emergence of Boko terrorism in the present day Nigeria. Haram by an examination of historical Hence Boko Haram violence (my Islamic dynamics in Northern Nigeria emphasis) is the underlying function of argued thus: The development of radical prolonged failure of the Nigerian state Islamist ideology in North-eastern to deliver purposeful good governance. Nigeria has drawn its inspiration They added that religious and ethnic from both internal and external factors cannot be ignored as factors to sources. The external factors be considered causatives of terrorism in include the worldwide resurgence Nigeria.

of radical Islam owing to the US Adelabu & Oladele (2015) in line with global war on terror and the the following argument also contend general decline in the living conditions in Muslim-majority that terrorism (Boko Haram violence) countries, coupled with internal which started as a form of state backed economic problems of urban violence is a threat to the Polity. The destitution and rural decay in this nature and character of the Nigeria state part of Nigeria. A large pool of is an invitation or call to anarchy which Almajirai and urban unemployed has led to political landscape open to were conducive to the emergence various surge of uprisings and conflicts.

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Due to the pluralist nature of Nigeria Islam must however be examined state, the issue of religion and ethnicity through the prism of conservatism, is now been implored as a protest modernism and fundamentalism. groups under various disguises. Fundamentalism is the most marginal. They reiterated that the greatest asset It perceived the existing political the Boko Haram sect has is the level of system as not effective and corrupt. The unemployment, infrastructural decay fundamentalist cite dysfunctional and official insensitivity to poor condition of the Nigerian state as the Nigerian. Oarhe (2013) reasoned that reasons for their actions (Chalk, 2004 as Nigeria with its ready pools of cited in Adigbuo, 2014, p. 3). unemployed labour force, exploitative The existing literatures also do not and unrepentant politicians, radical consider the nature and character of the fundamentalist; large chunk of Nigerian state as it pertains to the rise population prone to violence offers of Boko Haram violence which would competitive advantage for militant and be interrogated in the present paper, the terrorist organizations. Hence, present work aim at unifying all these according to him, Boko Haram arguments and subsume them in the insurgency is provoked and reproduced context of state fragility which would by diverse factors, many of them also bring to the fore other political mutually interactive. They include new economic issues that are culprit in the patterns of social inequality; disjunctive phenomenon of Boko Haram violence. process of democratization; criminal Theoretical Framework networks and other adverse effects of For this work, the Structural Functional globalization and also, the perverse theory is adopted as a framework of effects of mass media. Chinwokwu analysis. Structural functionalism has a (2013) cited executive lawlessness, neo sociological background. It developed imperial elites, government insincerity from the works of Radcliffe-Brown, and insensitivity, marginalization, Talcott Parsons, and Robert K Merton. unemployment and underemployment, But it was brought into political science absolute poverty, oppression among through the works of Easton, Gabriel others as the root causes of Boko Almond, and Coleman etc. Structural Haram violence in Nigeria. Hence, it is functionalism envisions society as a therefore partly the failure on the part of system of interconnected parts and they the leadership in the North and stress how these different parts work for government to uphold the tenets of the good of the system. Almond constitutions as contained in sections 16 alongside his colleagues, Coleman and and 17 of the 1999 constitution that has Powell on different occasions had produced the social upheavals and explained the structural functionalist terror that confronts the country theory. Almond and Powell in 1960 (Adigbuo 2014). He added that this is using structural functionalism compared what informed many analysts to argue political systems in developing and that the principal cause of Boko Haram developed areas. In the process, they zealotry is the systemic failure of the see the state as a political system, political leadership to solve the nagging instead of powers with its legal problem of poverty in the land. connotation, they used functions, instead of offices they used roles;

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 instead of institutions which direct Based on this theory, one can attempt thinking towards formal norms, they an explanation that the structures of the used structures and instead of public Nigerian state has failed in its manifest opinion and citizenship training, they functions to maintain the political preferred political culture and system. The Boko Haram violence socialization. They described political shows a lot about this failure in the system as that which allocates values by political system means of policies; the allocations are From the above explanation, the authoritative; and its authoritative theoretical frame work of analysis allocations are binding on society as a explains that the fragility of the state is whole (Fisher, 2010). Almond contends the fragility of the political systems and that political systems perform input and the structures whose designed functions output functions. The input functions determines its stability, the inability of are: Interest articulation; interest the parts that makes up the political aggregation; while the output functions system to effectively perform the are: rule making, rule adjudication, rule functions of input, output and system implementation. The system also maintenance has affected the delivery performs the function of political of good governance that are capable of communication, system maintenance delivering public goods in the interest and adaptation functions through of the populace, hence, resistance and political socialization and recruitment protest against the state such as Boko of people. Haram violence. This extrapolation is The fulcrum of Structural not stressing the complete failure of the Functionalism theory is that systems political system but rather the which is an elaborate connotation for ineffectiveness and decay of the parts. state has inbuilt structures which carry This puts the state in a situation of out designed functions for the survival fragility with dialectical conflictual of the state or political system. There is patterns of actions and structures with an organic relationship between these political processes that legitimizes structures to the extent of an inequality and negative human interrelated functioning so as to avoid conditions. This enmeshed the state in a system failure or system collapse. cesspool of crisis and violence, against Hence, chaos arises if any part of the itself and against the people, political system fails to perform it consequently leading to such realities as function. the Boko Haram violence.

The state itself is part of societal system The Character of the Nigerian State and it could be considered as a political The Nigerian state no doubt is a system. As a part of the societal system, colonial infrastructure. It is an imposed there are functions expected of it to state with an imperialist agenda. The maintain the stability of the system. colonial state however is a necessary Systemic failure arises when the state infrastructure that was designed to fail in its responsibility to perform its remedy the hailing western capitalism. functions. And as political system, the It was actually not meant to engender state becomes endangered when the any meaningful development. The structures of the state witness challenge Nigerian state in its inception is not in the performance of their functions. only a distorted version of the state but

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 it also facilitated the distortion of extracting resources for the existing local pre-colonial structures. It benefit of the metropole. To be was Olowu (1994) that argued that able to secure law and order, it colonization has been the most adopted an ‗indirect rule‘ system important factor in the evolution of the whereby local chiefs were transformed into local potentates modern African state. He added that with absolutist powers similar to colonialism sets the boundaries of the those of the colonial governors, state, provided it with state structure, even where there were stateless constitution, governance systems, societies, the colonial authorities bureaucracy, etc., as well as linked created ‗warrant chiefs‘ (Olowu, Africa with the global economy in a 1994, p. 6) centre-periphery fashion. Hence, the It becomes easier to understand the structural weakness of African states dysfunctional character of the state can be traced to the colonial period and system in Nigeria given the above the peculiar nature of the political historical exegesis. The character of the institutions that were imposed on the Nigerian state is a product of its African societies by their colonial colonial character, also, most of the masters. Ekeh (1975) also alluded to characteristics of the colonial state also this when he stated that it is to go for the post-colonial states since the colonialism that any valid state was inherited and not dismantled, conceptualization of the nature of it was just a mere change of baton. In African politics must look. See also addition, the colonial state from the Alavi (1972) and Osaghae (1998). above exposition is a law and order

The colonial state immediately state and it explains the integration of displaced the pre-colonial state; this the Nigerian state into the world was the aim if imperialism was to be capitalist system. effectively perpetuated. It not only This analysis of the nature of the displaced the existing structure but also Nigerian state reveals that over distorts and attempts a structural concentration of power at the centre at disarticulation of these pre-colonial the expense of the centrifugal structures. In his analysis of the colonial arrangement is responsible for the state, Olowu (1994) argued strongly various violent resistance on the state that the colonial state is a state of which itself is a direct consequence of conquest, created and sustained by structural and institutional inequality force of arms, its emergence displaced and economic neglect. Danjuma (2014) and bastardised pre-colonial state argued that because of the despotic and structures, this it did for two reasons overbearing character of political which are: leaders in Africa, the state has been

First, the colonial state was based entangled in basic and obvious on a theory of racial superiority contradiction of too much concentration best articulated in Lord Lugard‘s of power at the centre at the expense of ‗dual mandate‘. It therefore had weak economies or low economic to supplant whatever ‗inferior‘ performance. He further argued that the institution it met. Secondly, the economic crisis in most African states colonial state was short of personnel even for the purpose of gave rise to the emergence of affecting its overriding agenda of opposition political bodies and interest

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 groups that question the basis and differentially associated with the legitimacy of their leaders. Danjuma public realm in terms of morality. cited Schraeda (2004) In fact, there are two public realms in post-colonial Africa, The inabilities of most African leaders with different types of moral to meet with the yearnings and linkages to the private realm. At aspirations of her citizenry make the one level is the public realm in government rely heavily on the which primordial groupings, ties, instruments of coercion in order to and sentiments influence and secure compliance. The struggle for determines individual‘s public power or access to the state resources behaviour. I shall call this the eventually leads to sectarian violence in primordial public…. The these countries. This further expands primordial public is moral and operates on the same moral the problems of African states because imperatives as the private realm. it has greatly exposes their weaknesses, On the other hand, there is a ineptitudes as well as their inability to public realm which is historically maintain, defend and control their associated with the colonial respective territories……. Some other administration and which has studies on the nature of African states become identified with popular suggest lack of stable political system politics in post-colonial Africa. It and development is responsible for the is based on civil structures: the spate of political crisis in these military, the civil service, the countries. The failure of some of these police, etc. Its chief characteristic is that it has no moral linkages states for instance Nigeria to perform or with the private realm. I shall call meet some of its basic functions and this the civic public. The civic needs has been sole responsible for the public in Africa is amoral and creation of vigilante groups or ethnic lacks the generalized moral militias that have been perpetuating imperatives operative in the violence against individual citizens private realm and in the (Danjuma, 2014). primordial public. The most outstanding characteristic of The complexities of politics in Nigeria African politics is that the same and the incompatibility between the political actors simultaneously state as an offshoot of society and the operate in the primordial and the society itself creates contradictions that civic publics (Eke, 1975, p. 92- endanger the continuity of the Nigerian 93). project. This is a peculiar nature of Eke added that the dialectical most African states, What Ekeh called relationship between the two publics the two publics. Ekeh argued that: foments the unique political issues that When one moves across western have come to characterize the nature of society to Africa, at least, one African state and its politics. sees that the total extension of the western conception of politics in The central issue in this analysis of the terms of a monolithic public nature of the Nigerian state as a realm morally bound to the causative of insecurity is the fact that its private realm can only be made at incompatibility with the societal moral conceptual and theoretical peril. structure is as a result of the fact that it There is a private realm in Africa. is a foreign infrastructure. It was not But this private realm is allowed to evolve from the societal

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 legal structure but rather a product of staring it out of crisis. No one single colonialism; hence the institutions of class can lay claim to the Nigerian state, the state have a peculiar alien character. hence, there is no hegemonic hold or Thus according to Olowu (1994), the influence. emphasis of this kind of distorted state Another character of the Nigerian state seems to be on power to the exclusion as captured by Osaghae (1998) He of ethics and a complete reliance on posited that the federal system adopted western conceptions of authority and in 1954 which has been in decline since imported western institutions of late 1970s underlies some of the government such as the legislature, peculiar features of politics in Nigeria. executive, military etc., without the Principal among these according to attending norms supporting them. This Osaghae is the legitimation of has alienated the African states from the accomodationist demands which are past and the people. intolerable in most other African states. It is this disjuncture between the state This includes demands for equitable and society that underlie the legitimacy power, resource and power sharing, crisis which debilitates the state in which frequently involve extra- Africa (Osaghae, 1998). Hence the parliamentary tactics by aggrieved amoral nature of politics and the groups. Another of these features is the prevalence of two divisive publics in live and let live political culture which Nigeria are responsible for the moderate political competition in a way contradictions that beset the Nigerian that makes monopolization or state. Insecurity is just one out of the domination of state power by a single numerous consequences of these group unacceptable. contradictions. This according to Ake A third feature is the deflection of (1989) as cited in Olowu (1995) arises conflict of local nature to the states and because the state belongs to few, it does local government leaving only conflict not belong to all, and therefore a large of national significance to the center. portion of the society is stateless. The This federal character of Nigeria implication of this according to Olowu inherited from the colonizers has is that the state becomes non- generated questions of national accountable and does not respond to the significance that has continued to query wishes of the people. As such, these the logic and integrity of the Nigerian stateless individuals (my emphasis) are project. Call it national question but the subjected to the oppression of the fact is that they had their antecedents in strong ones. This generates violent the colonial state and since inception clashes and weakens the capability of these questions have been a protest on the central authority to maintain the federal state and the Nigerian effective control over the people project. This thematic issue of state therefore giving rise to various formation and its peculiar character typologies of the state (Danjuma, 2014). explains the Boko Haram violence. It The Nigerian state is characterized by first and foremost infects the state with class inconsistencies and complexities a fragile character which in turn as no class can effectively lay claim to explains the various violence and it, it has a dysfunctional hegemonic protest against the state of which Boko class arrangement or order incapable of Haram violence is one in many.

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State Fragility and the Challenge of neo-patrimonial character of the fragile Boko Haram Violence states, Brock et al (2012) stated that What kind of state is faced with the fragile states are dominated by social challenge of armed groups, in what kind forces and political groups who use the of state would violence such as that of language of modernity and BH linger for long with many casualties development to give legitimacy and and hundreds of thousands of internally subsequent exploitation of the state as a displaced persons? This paper has source of private enrichment and emphasized the fragility of the Nigerian accumulation, hence fragile states are state as an evidence to explain and states on the brink; they do not have justify the reason why it seems helpless what it takes to effectively perform the and incapable in the face of BH function of statehood, it is an violence. It is also worthy to note that ineffective state in a precarious one of the peculiarities of this fragile condition, it is however not a failed context of violence is that a fragile state state. Hence, fragile states are often begets contradiction and opposition for characterized by ongoing violence and itself and even if it succeeds in quelling insecurity, a legacy of conflict, weak one, it is faced with another, this is governance and inability to deliver because of its structures and neo- public goods (World Bank, 2007 as patrimonial leadership who sees the cited in Mcloughlin, 2012, p. 8). state as a personal property to acquire Political instability, economic failure, private ends, therefore rendering a large social dislocation, institutional and portion of the population stateless. We policy weaknesses and failures are all defined this context as that of violence integral elements of state fragility because right from its inception, the which by definition gives primacy to state in Nigeria is always in one crisis the political correlates of statehood or the other, facing one armed group or (Osaghae 2010). He further argued that the other. This context of violence fragile state lacks the capacity to breeds and sustains armed groups function as an effective or capable state. violence and also this violence In order words, the emphasis of state reinforces state fragility. Having set a fragility concept is not only on contextual background for the BH and personality or leadership but on other armed groups violence, the next institutional capacity and structural step would be to interrogate the fragile functionality and efficacy. context conceptually and examine the Development Assistance Committee core characteristics of fragile states and (DAC) of the OECD suggests that then establishing the challenge posed by states are fragile when state structures BH. lack political will and/or capacity to Our connotation of fragility is in line provide the basic functions needed for with Brock et al (2012) which posits poverty reduction, development and to that the normal connotation of safeguard the security and human rights ascribing a state has failed, weak and of their populations (OECD 2007 as fragile states is not only descriptive, but cited in Brock et al 2012). also has a normative connotation: states Osaghae argued that a fragile state is not functioning and is not meeting up cannot function effectively as a to her responsibilities. In justifying the responsible state because it lacks the

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 capacity, he continued by citing von constitutional mode of grievance Einsiedel (2005, p. 15) who wrote that articulation and redress seeking. such state has lost its power to confer - Decay and collapse of physical and identity, lost its legitimacy and can no social infrastructure, especially the longer assure security. It is no longer health, education and social service able to maintain the monopoly of the delivery sectors…. instrument of violence (Ignatieff, 2002, The Nigerian state evinces most of p. 117 as cited in Osaghae 2010) and it these characteristics, it is worthy of note is vulnerable to collapse and conflict, in to state that these characteristics did not order words, according to Osaghae, just surface, they arise as a result of the fragile states have the potential to self- peculiarity of the state creation process destruct, they are vulnerable to collapse. and has been there since the inception He cited some features of fragile states of the Nigerian state. It is this condition which are worth noting in this work, and context that necessitates the they are: emergence of the radical Islamic group - Weak and ineffective bureaucracy, called Boko Haram and it would still be civil service and public agencies; this condition that would give rise to a - Lack of capacity to enforce rules much more anti state armed group even and regulations and exercise if Boko Haram is defeated except if effective jurisdiction over its these conditions are collectively and territory and to defeat/control immediately addressed. The logical opposition groups, militants, rebel reason is that fragile states fight war on forces, warlords, urban gangs and several fronts and because of the the like, leading to the recent flexibility of their social political concept of ungoverned territories; enclaves and the already heated polity - Lack of capacity to extract surplus and the fact that the state does not have and taxes, and manage resources effective control over its territory, the and the economy. instruments of violence freely comes in - Endemic legitimacy crisis manifest and go out at will creating an incendiary in problematic national cohesion, for a cesspool of violence. Fragile states unequal and contested citizenship, like Nigeria are always at war but in disorderly, inconclusive and violent their own case, they are always at war elections, and contestations for state with themselves. Fragile states are held power as well as challenges to the together by force of arm and usually validity of the state…… have a very strong centre, the reason is - Unstable and divided population that they cannot afford to have a weak torn apart by fractured social fabric, centre or else, the already precarious minimum social control and mansion would fall like a pack of card. pervasive strife that encourage exit They are what Alavi (1972) called the from rather than loyalty to the state. law and order state or the - Weak regulatory and conflict overdeveloped state. Nigeria typifies management institutions, including this analysis. police and other security forces, To further our analysis of the fragility credible judicial structures and of the Nigerian state, it might be access to justice, all of which necessary to take a critical look at the encourage resort to conflict-ridden, Fragile State Index by the Fund for violent, non-systemic and extra-

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Peace. The organization examines state that took place in 2015, at the end of it; fragility in all countries of the world by the death toll of all BH attacks in 2015 looking at three core factors which are alone was 4,780. economic, social and political/military The Information above has shown that which are further divided into some sub in the last few years, BH has practically groups. The higher the score, the operated with impunity and without any greater the instability in such country serious hindrance from the Nigerian and vice versa. The Fund for Peace state. In just few years of their argued that in spite of the peaceful emergence, they have grown to become election which was against all one of the world‘s most feared and expectations, the underlying drivers deadliest terrorist groups. The extent at have not gone away. One wonders what which they perpetrate violence on the the organization meant by ‗underlying Nigerian state seems unprecedented in drivers,‘ In this case, they meant that the history of the country even as the the triggers of violence are still very data above has shown. The above much there, because the factors of information clearly exposes the fragility fragility still remain and even if the of the Nigerian state and its inability to state survives a stage, it is not a perform its manifest function of law guarantee that it would sit back because and order and security of lives and it is a systemic thing which eventually property. triggers violence. Boko Haram engages in well- Boko Haram has effectively taken coordinated simultaneous attacks on a advantage of this context of fragility continual and daily bases across the and had become one of the deadliest northeastern zones even outside it to the terror groups in the world. They have northwest and federal capital territory, defied all effort at taming theme and Abuja, they carry out targeted have resorted to suicide bombing of soft assassination and bank robbery and targets and deploy the tactics of even take on security forces. Since 2009 unconventional warfare to unleash till date, the rate in which violence is mayhem on Nigerians. been carried by Boko Haram on a daily For the year 2015, The Vanguard basis is so enormous. The information newspaper (July 12, 2015) reported that above also shows that the state and its 444 people were murdered by BH in 39 security apparatus cannot gather days after President Mohammadu intelligence or lost the capacity because Buhari was inaugurated. Vanguard of the spate of the attacks. However, the newspaper (September 21, 2015) also most important is the fact that the BH reported that at least 54 people had died violence is a war against the state. in the previous day coordinated strikes The context of violence that Boko by BH with 90 injured, but residents Haram takes full advantages of the that were caught up in the explosions extant issue of state formation in said as many as 85 lost their lives. The Nigeria. This root cause is what is paper claimed that Nigerian Authority ignored and substituted with the have continued to downplay the conventional symptoms of enormity of the attack. The Cable unemployment, Islamic radicalism, online news media in Nigeria did a porous border, corruption and the likes. detailed compilation of all BH attacks The state is central in the emergence of

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Boko Haram violence, the state Recommendations formation determines the strength, The real issues need to be addressed capacity and preparedness of the state and not the symptoms. The real issue is to handle issues such as Boko Haram the crisis of state formation, the state in irrespective of the number of times they Nigeria is not original to the people occur. But porous and conflict based hence majority of the people do not formation character of the state which identify with it and all seek for their itself is precarious and fragile making it own state to cater for their needs. The susceptible to every wind that blows fragility of the state in Nigeria is a makes it prone to every dissent, the function of its formation. The present fragile formation itself is founded upon nature of the Nigerian state would dissent. It is the fragile character of continue to give room for dissent and formation of the Nigerian state that anti-state struggles. reinforces dissent and violence directed An overhauling of the Nigerian at the state such as Boko Haram and federalism and re-institutionalization of these crises in turn further reinforces true federalism is recommended; this of state fragility. Hence the much talked course is not possible without a major about problem of federalism, amendment of the constitution. This corruption, Islamic radicalism, porous amendment must be witnessed by border, bad leadership is all symptoms representatives of the six geopolitical of state fragility. Thus the state fragility zones. Alternatively, a truly sovereign having its root from the character and national conference, a genuine formation of the Nigerian state explains sovereign national conference that is the susceptibility of the Nigerian state not limited in the sphere of the matters to violence, why it lingers and never it is meant to discuss, the so called no truly quelled except that it takes another go areas must be the areas that must shade. first and foremost be addressed is also Conclusion recommended. This paper has established the centrality Groups of people whether diverse or of the state in the Boko Haram not must negotiate their way to violence. It explains the fact that state statehood whether through war or fragility is responsible for BH violence through a round table. The state in Nigeria. The work however formation process and the state itself explained that even if the state defeats must be owned by the people and not a the BH terrorists, it might not be an end foreign infrastructure and to own the to violence against it, the reason being state is to own its formation process. that the structures and the institutions of Until this fundamental issue of state is the state are designed in such a way that addressed; even if the government it gives room for dissent and anti-state succeeds in defeating BH, there are struggles and until that context of other groups armed to the teeth ready to fragility is addressed, even if BH take on the state to seek redress to their violence is quelled, another is likely to grievances arise.

References www.iiste.org/Journals/index.php/HRL/ Achebe, C (2012). There Was a article/download/1548/15889 Country: A Personal History of Ake, C. (1989). The Political Economy Biafra. London: Allen Lane of Crisis and Underdevelopment Adelabu, M.S, & Oladele, A.E. (2015). in Africa: Selected works of Terrorism and Nigerian Claude Ake(Vol. 1). Jad democracy: Implications for Publishers. Sustainable Development. European Journal of Globalization and Development Research, 11(2), 654-666. Retrieved from www.journalsbank.com/ejgdr_11_2. pdf. Adesoji, A.O. (2011). Between Alavi, H. (1972). The State in Post- Maitatsine and Boko Haram: Colonial Societies: Pakistan and Islamic fundamentalism and the Bangladesh. New left Response of the Nigerian State. Africa Today, Review,57(4). 99 74,-119. 59 -Retrieved81. September 4, 2015 from http://www.jstor.org/stable/10.2979/africatoday.57.4.99. Agbiboa, D. (2013). The Ongoing Barna, J. (2014). Insecurity in the Campaign of Terror in Nigeria: Context: The Rise of Boko Boko Haram versus the State. Haram in Nigeria. Retrieved on Stability: International Journal of Security and Development, 2(3), 1-18. Retrieved August 31, 2015 from http://dx.doi.org/10.5334/sta.cl. Agbonifo, J. (2014). Homo- August 31, 2015 from Economicus on Rampage: Is www.europarl.europa.eu/.../EXP Poverty the Cause of Terrorism O and Political Violence in AFET_NT(2014)536393_EN.pdf. Nigeria. In Nwoke & Oche (Eds.) Bintube, M. (2015). Boko Haram Contemporary Challenges in Phenomenon: Genesis and Nigeria, Africa and the World. Lagos: Nigerian Institute of International Affairs. Akinbi, J.O. (2015). Examining the development in North Eastern Region Nigeria. International Journal of Sociology and Anthropology Research. 1(1), 1-22. Retrieved on August 31, 2015 from http://www.eajournals.org. Boko Haram Insurgency in Brock, L., Holm, H. H., Sorenson, G., Northern Nigeria and the Quest & Stohl, M. (2012). Fragile for a Permanent Resolution of the States: Violence and the Failure Crisis. Global Journal of Arts, of Intervention. Cambridge: Humanities and Social Sciences. Polity Press. 3(8). 32-45. Retrieved August 26 Chalk, P., Rosenau, W., Wachs, M., 2015 from Collins, M., & Hanson, M. www.eajournals.org/...examining (2004). Confronting The" Enemy -the-boko-haram-insurgency-in- Within": Security Intelligence, northern-nigeria the Police and Counterterrorism Aliyu, A., Moorthy, R. & Idris, N.A. in Four Democracies. Rand (2015). Toward Understanding Corporation. the Boko Haram Chinwokwu, E.C. (2013). Terrorism Phenomenon in Nigeria. Asian Social Science, 11(10), 307-317. Retrieved from September 20, 2015 from

www.ccsenet.org/journal/index.p and Dilemmas of Combating the hp/ass/article/download/47778/25 Menace in Nigeria. International 669 Journal of Humanities and Social Anifowoshe, R. (1982). Violence and Sciences, 3(4), 265-272. Politics in Nigeria: The Tiv, Retrieved on August 31, 2015 Yoruba and Niger Delta from

Experience. Lagos: Sam Iroanusi www.ijhssnet.com/journals/vol_3 Publications. No 4 Special Issue /27.pdf. Aro, O.I. (2013). Boko Haram Cook, D. (2011). Boko Haram: A Insurgency in Nigeria: Its prognosis. Baker III Institute for implication and way forward Public Policy. towards Avoidance of future insurgency. International Journal of Scientific and Research Publication 3(11),1-7. Retrieved from http://citeseerx.ist.psu.edu/viewdoc/download? doi=10.1.1.445.9408. Adigbuo, E. R. (2014). Boko Haram: A Danjuma, I.A. (2014). National security Race between Amnesty and and the challenges of terrorism in Criminal Tribunal. Historical Nigeria. In Nwoke & Oche (Eds) Research Letter, Vol 13, 29-40. Retrieved from June 18, 2016 Contemporary challenges in

Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

Nigeria, Africa and the Word. www.crisisgroup.org/.../nigeria/2 Lagos: Nigerian Institute of 16-curbing-violence- Nigeria-ii-the-b... International Affairs. Isa, M K (2010). ‗Militant Islamist Dearn M., (2011). Boko Haram Groups in Northern Nigeria‘ In: Nigeria's Terrorists Insurgency Okumu, W and Ikelegbe, A eds. Evolves In Codewit World News. Militias, Rebels and Islamists Ekeh, P.P. (1975). Colonialism and the Militants: Human Security and Two Publics in Africa: A State Crises in Africa. Pretoria: Theoretical Statement. E-Journal Institute for Security Studies, pp. of Comparative Studies in 313–340. Society and History, 17(1), 91- Mcloughlin, C., 2012, Topical Guide on 112. Retrieved on August 20, Fragile States, Governance and 2016 from Social Development Resource Centre, University of Birmingham, UK http://www.jstor.org/stable/17837 Mohammed, K. (2014). The Message 2. and Methods of Boko Haram. In Fragile State Index (2015). Retrieved Montclos, M.A (Eds.). Boko from library. Haram: Islamism, Politics, fundforpeace.org/library/fragilestatesindex- 2015.pdf Gouyley, M.S. (2012). Linkages Security and the State in Nigeria between Boko Haram and al (pp. 9-32). Retrieved on Qaeda: A Potential Deadly December 31, 2015 from Synergy. Global Securities https://openaccess.leidenuniv.nl/.. Studies, 3(3). ./ASC-075287668-3441- Harnischfeger, J. (2014). Boko Haram 01.pdf?...2 and its Muslim Critics: Montclos, M.P. (2014). Nigeria‘s Observation from Yobe state. In Interminable Insurgency? Montclos, M.P. (Eds). Boko Addressing the Boko Haram Haram: Islamism, Politics, Crisis. Research Paper. Retrieved on September, 2015 from https://www.chathamhouse.org/.../2014090BokoHaramPeroused Montclos Security and the State in Nigeria Muzan, A.O. (2014). Insurgency in (pp. 33-62. Retrieved on August Nigeria: Addressing the Causes 31, 2015 from as part of the Solution. E-Journal https://openaccess.leidenuniv.nl/.. of African Human Rights Law, ./ASC-075287668- 14 AHRLJ 217-243. Retrieved on 3441- 01.pdf...2 Ilechukwu, L.C. (2014). Religious July, 2016 from www.ahrij.up.ac.za/.../437-insurgency-in-nigeria-addressing-the-causes-a. Terrorism (Boko Haram) and the Ninalowo, A. (2010). The State qua future of education in Nigeria. E- State as Antidote to Failure: A Journal of Research on Sociological Inquiry into Underdevelopment. Lagos. University of Lagos Press. Humanities and Social Sciences, Ojukwu, C.C. (2011). Governance, 4(24), 63-77. Retrieved on Boko Haram and Nigeria‘s December 31, 2015 from National Security. Nigeria www.iiste.org/journals/index.php Journal of International Affairs.

/RHSS/article/download/.../17283. 37(3), 61-77. International Crisis Group Report Olowu, D. (1994). The Nature and (2014). Curbing Violence in Character of the African State. A Nigeria (II): The Boko Haram Paper presented for AAPAM. Insurgency. Retrieved on January 15TH Roundtable at Banjul, 31, 2016 from Gambia, on the January 24, 1994.

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Oarhe, O. (2013). Responses of the Rogers, P. (2012). Nigeria: The Generic Nigerian Defense and Context of the Boko Haram Intelligence Establishments to the Violence. Retrieved August 31, Challenge of Boko Haram. Boko 2015 from Haram. In Mantzikos (eds) Boko http://www.oxfordresearcggroup. Haram: Anatomy of a Crisis. org.uk Bristol Stevenson, J. (2015). Boko Haram, and Osaghae, E.E. (1998). Crippled Giant: ISIS and Al-Shabaab in Nigeria Since Independence. Comparative Perspective. Nigeria Security Exhibition and Conference. Retrieved April, 28 2016 from www.academia.edu/.../Boko_Haram_ISIS_and_AI-Shabaab_in_Comparative. Indiana: Indiana University Press. Ugwu, L. O. (2015). Boko Haram and Osaghae, E.O. (2010). Revisiting the Insecurity in Nigeria: The quest Concepts of State Fragility and for a permanent solution E-Journal of African Research Review, 9(1), 47- Retrieved April, 2 2016 from http://dx.doi.org /10.4314/afrrev.v9i1.5. State Building in Africa In Walker, A. (2012). What is Boko Akinboye, S.O., & Fadakinte, Haram. (United States Institute of M.M. (Eds). Fifty Years of Peace Special Report). Nationhood? State, Society and Washington DC, United States. Politics in Nigeria (1960-2010). Zumve, S et al. (2013). Terrorism in Lagos: Concept Publishers Contemporary Nigeria: A latent Limited. function of official corruption and Oviasogie, F.O. (2013). State Failure, state neglect. European Scientific Terrorism and Global Security: Journal, 9(8), 122-140. Retrieved from eujournal.org/index.php/esj/article/viewfile/882/925. An appraisal of the Boko Haram Insurgency in Northern Nigeria. Journal of Sustainable Society, 2(1), 20-30. Retrieved April, 28 2016 from wscholars.com/index.php/jss/article/download/248/pdf.

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Covenant University Journal of Politics & Internationall Affair. Vol. 6 No. 1, June 2018

An Open Access Journal Available Online

Deconstructing the Doctrine of State of Emergency in Nigeria: A Human Security Perspective

Uchenna Simeon

Department of Political Science Faculty of Social Sciences, Federal University Lafia Nasarawa State, Nigeria [email protected]

Abstract: This article aims at deconstructing the notion of ‗State of Emergency‘ as it is conceptualized within the Nigerian context. Though a federal state, under Section 305 of the 1999 Constitution of the Federal Republic of Nigeria as amended, only the President is empowered to declare a ‗State of Emergency‘ in the country or any part of it with the exclusion of the States and Local Governments. Though Section 5(2)(a) vests in the Governor the executive powers of his state, he is not empowered to exercise emergency powers rather Section 305 (4) requires him to request the President to proclaim same in the event that any of the situations specified in subsection (3) (c), (d) and (e) of the same section. Meanwhile, Section 2 (2) of the same Constitution describes Nigeria as a federation consisting of states and a federal capital territory. Besides, Sub-section (3) describes the conditions that warrant such a proclamation to include war, looming threat of invasion, collapse of public order and safety, incidence of natural disaster as well as any other danger that undermine the existence of the federation while ignoring the threats to human security that equally undercut the sovereignty, territorial integrity and independence of the country. Drawing from comparative analysis of qualitative data collected through secondary sources and appropriating of the theoretical paradigm of human security, this paper argues that the theory and practice of state of emergency in Nigeria is too reductionist and unitary in jurisdiction. The paper therefore recommends an expanded application of the doctrine of State of Emergency in terms of scope and jurisdiction to include threats to human security as well as the exercise of emergency powers by the three tiers of government that make up the federation.

42 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

Keywords: Federal State, Human Security, Jurisdiction, Nigeria, Emergency Rule

Introduction I assume unhesitatingly the In Nigeria, under Section 305 (1) of the leadership of this great army of our 1999 Constitution as amended, only the people dedicated to a disciplined President is empowered to declare a attack upon our common state of emergency in the Federation or problems…. I am prepared under any part thereof. Meanwhile, Section 2 my constitutional duty to recommend the measures that a (2) of the same Constitution describes stricken nation in the midst of a Nigeria as a federation consisting of stricken world may require…. But states and a Federal Capital Territory in the event that the Congress shall arising from which, Section 5 (2) (a) fail to take (the necessary measures) vests in the Governor of a State the and in the event that the national executive powers of that state while emergency is still critical, I shall not Section 176 (2) describes the Governor evade the clear course of duty that as the Chief Executive of his state will then confront me. I shall ask which invariably makes him the Chief the Congress for the one remaining Security Officer of that state instrument to meet the crisis - broad Executive power to wage war underscoring the formal division of against the emergency, as great as governmental powers among the the power that would be given to component units that make up the me if we were in fact invaded by a federation. This notwithstanding, the foreign foe (Roosevelt, 1933 cited Governor is not empowered by the in Agamben, 2004, pp 11-22) same constitution to declare a state of

From the classical political theorists emergency within his domain rather including eighteenth Century English Section 305 (4) stipulates that the philosopher, John Locke, the exercise Governor of a state, may, with the of emergency powers had long been a sanction of a resolution supported by subject of immense concern (Relyea, two-thirds majority of the House of 2007). Though popular for his advocacy Assembly, request the President to issue of a government of laws and not of a proclamation of a state of emergency men, however, John Locke opined that in the state when there is in existence circumstances may arise when the within the state, any of the situations executive must exert a wide discretion specified in subsection (3) (c), (d) and in meeting special exigencies or (e) of the same section and such a emergencies for which the legislative situation does not extend beyond the power provided no relief or existing law boundaries of the state. granted no necessary remedy (Relyea, Subsection (3) identifies the conditions 2007). When confronted by threats to that can warrant such a proclamation to their existence, states resort to include when: the Federation is at war, emergency regimes (which include state the Federation is in imminent danger of of emergency, state of exception, state invasion or involvement in a state of of siege and martial rule) which permit war, there is actual breakdown of public them to legally suspend the order and public safety in the law and violate human rights (Kamga, Federation or any part thereof requiring 2015). extra ordinary measures to avert such

43 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 danger, there is an occurrence or government within the Nigerian state imminent danger, or the occurrence of should have jurisdiction to proclaim a any disaster or natural calamity state of emergency in Nigeria? This affecting the community or a section of study is significant in two ways. Firstly, the community in the Federation, there the paper appears to be one of the is any other public danger which clearly foremost attempts at employing a constitutes a threat to the existence of people-centred, context-specific, the Federation or the President receives comprehensive, multi-sectoral and a request to do so in accordance with prevention-oriented paradigm (human the provisions of subsection (4) of the security approach) at interrogating the constitution and in extreme situation notion of state of emergency both in where the Governor fails to make the theory and practice within the Nigerian request as provided for in subsection (5) context as there is quite insignificant (The Guardian Newspaper, 2004; number of studies in extant literature on Lawyers Alert, 2013). this particular aspect of Nigerian

The aforementioned conditions are government and politics. Secondly, its preoccupied with the traditional belief policy implications are overly that a state of emergency is declared in remarkable considering the escalating response to circumstances threatening wave of humanitarian emergencies in the state‘s existence such as natural Nigeria (the highest ever since the civil cataclysms, invasions and general war ended in 1970) that have not only insurrections (Kagma, 2015). Besides, threatened the survival of the country they fail to consider the federal but also challenged the capacities of structure in the country with formal government at all levels in discharging their responsibilities to the citizens. division of powers among the component units. However, exceptional Historicizing the Doctrine of State of situations that call for a state of Emergency in Nigeria emergency transcend threats to the Historically, the idea of state of sovereignty, territorial integrity and emergency could be traced to Rome political independence of a state to when a dictator who was a temporary include those conditions that pose officer was appointed to provide ad-hoc serious threat to human existence and leadership in a national emergency by extension the survival of the state. (tumultus) by repulsing attacks from Threats to the survival, livelihood and abroad or quelling internal rebellion dignity of individuals and communities (Fatile and Ejalonibu, 2014). However, which are fundamental to national it was not until the 18th and 19th security should equally fall within the Centuries that European Constitutions parameter of what constitute a state of cautiously started to elaborate the emergency. notion of a constitutional state of

The above scenarios have raised two emergency though they pertinent analytical issues bothering on characteristically left the essential scope and jurisdiction: what should be information to separate legislation the scope in terms of the situations that (Sheppele, n.d. as cited in Sheeran, could precipitate the declaration of a 2013). To properly situate the evolution state of emergency? Secondly, which of a state of emergency in Nigeria, it is authority (s) in terms of tier (s) of imperative to look at the country‘s

44 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 colonial heritage. Following the preventive detention and extensive but scramble for Africa by European hardly supervised police powers and in powers between 1884-85, Berlin constitutional provisions which grant Conference was organized to partition emergency powers (Ocheje, 1999).

Africa among the contending colonial Based on this orientation, upon the exit forces. In that rush to partition the of the British colonialists from Nigeria, continent into spheres of influence, the all the constitutions from the 1960 diverse political cultures, language or independence constitution to the current social organization of the indigenous 1999 constitution as amended made Africans were not taking into provisions for the exercise of consideration (Ocheje, 1999). The emergency powers. In 1962, the then implication of this is that in all the Prime Minister of Nigeria, Tafawa colonized territories, colonial officials Balewa, citing lack of properly were granted extensive administrative constituted government in western power with little or no institutional Nigeria and the need to maintain peace, checks making the colonial order and tranquillity throughout all administration extremely centralized, parts of the federation in the face of the bureaucratic and pseudo-military political turmoil that engulfed the (Ocheje, 1999). Action Group (AG), declared the first Owing to the belief that good state of emergency in the Western government was not dependent on region pursuant to Emergency Powers institutional limitations but rather on the Act of 1961 (Teniola, 2017). As a wisdom of men, the unfolding scenario fallout of this, series of Emergency in the British colonial administration Powers Regulations were promulgated was reminiscent of the state of by the Governor General comprising emergency as can be seen for instance Emergency Powers (General) in the Orders-in-Council that Regulations, 1962 (LN No 54 of 1962); empowered Commissioners to the Emergency Powers (Detention of promulgate ordinances for the Persons) Regulations, 1962 (LN No.64 administration of justice, revenue of 1962); the Emergency Powers generation, and generally for the peace, (Restriction of Orders) Regulations, good order and good government of all 1962 (LN No.65 of 1962) (Udoma 1994 persons in the colonies (Seidman, 1970 as cited in Fatile and Ejalonibu, 2014). as cited in Ocheje, 1999). The fallout Also, in an effort to de-escalate the from this institutionalized alienation ethnic tension that enveloped Nigeria in between the colonial state and the the aftermath of the counter coup of aborigines is that when self rule was July 27, 1966 that led to the finally granted to Nigeria in 1960, some assassination of the then Head of State of the laws were passed on the country; and Supreme Commander, General a good example is the administrative Aguiyi Ironsi, the military administrator law where bureaucrats and other state of western region, Brigadier General officials enjoy very broad discretionary Adekunle Fajuyi and many others, the powers in their dealings with the people former Head of State, General Yakubu and often times, due process was Gowon, declared a state of emergency relegated to the background in criminal on May 27, 1967 and carved out twelve law and procedure which permit states from the four regions

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(Encyclopedia Britannica, 2014). concepts with a view to clarifying and Similarly, on May 18, 2004, following situating their meanings for the purpose sectarian violence between Muslim and of shared understanding.

Christian communities in Plateau State State of Emergency that started since September 2001and According to Lord Dunedin in Bhagat claimed as many as 2,000 lives, former Singh vs King Emperor, ―a state of President Olusegun Obasanjo, citing emergency is something that does not Section 305 of the 1999 Constitution of permit of any exact definition but the Federal Republic of Nigeria, connotes a state of matters calling for imposed a state of emergency on drastic action‖ (Dunedin, n.d. as cited in Plateau State, suspending the Governor Laws of Bangladesh, 2012). On his and State House of Assembly (Aluko, part, Stephen Marks (Marks, n.d. as 2004). Also, following the conflict cited in Laws of Bangladesh, 2012), between the executive and legislature in defines emergency as a situation which Ekiti State, former President Olusegun results from a temporary condition, Obasanjo, declared a state of which places institution or the state in a emergency in that state on October, precarious position, which leads the 2006 in order to ensure that peace and authorities to feel justified in orderliness returned to the Ekiti State suspending the application of certain (Alemika, 2013 as cited in Fatile and principles. As noted by Roumy, (2006 Ejalonibu, 2014). as cited in Kamga, 2015), the notion of History repeated itself on December 31, a state of emergency, state of siege or 2011 when former President, Goodluck state of exception as it is known in Jonathan declared a state of emergency various climes is not only pervasive but in 15 local government areas spread also rooted in the past having derived is across 4 northern states of Borno, doctrinal foundation from canonical Niger, Plateau and Yobe following a maxim necessitas non habet legem series of bombings by the dreaded which when translated in English Islamic Sect, Boko Haram (Onuah and language means that necessity knows Cocks, 2011). Finally, as a result of no law or necessity creates its own law. series of attacks that climaxed to the Though prevalent but varies from forceful seizure and occupation of country to country and from situation to territories in parts of north-eastern situation, the rationale behind the idea Nigeria by Boko Haram, the as Kamga (2015) noted is to serve as a administration of Goodluck Jonathan on soothing measure to remedy the May 14, 2013, declared a state of inadequacy and deficiency of the law as emergency in three north-eastern states well as provide a contingent solution of Adamawa, Borno and Yobe which geared towards addressing a particular was extended twice at the expiration of emergency. Two key separate but the first duration of six months compatible elements of a state of (Ekujumi, 2013). emergency have been identified: a legal Exploring the Basic Concepts framework consisting of the Two fundamental concepts form the constitutional and legislative bases for conceptual thrust of this discourse, the state of emergency and an namely state of emergency and human operational framework involving the security. This segment explores these organizational structure and strategic

46 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 plans for dealing with the state of supply; health security encompasses emergency (Law and Powers, 2005). access to safe water, living in a safe

Human Security environment, access to health services, The human security paradigm which prevention of diseases as well as basic was introduced in the 1994 global knowledge of how to live a healthy life; Human Development Report (HDR) is environmental security addresses issues defined as people‘s safety from chronic such as prevention of pollution, guide threats and protection from sudden against deforestation, conservation of hurtful disruptions in the patterns of irrigated land, prevention of natural daily life (Dorn, 2017). The key disasters such as droughts, floods, components of human security as cyclones, earthquakes etcetera; contained in the 1994 HDR are community security deals on the ‗freedom from fear‘ and ‗freedom from preservation of commonly held values, want‘ (UNDP, 2013). At the centre of abolishment of ethnic discrimination, human security approach is the prevention of ethnic conflicts and the survival, livelihood and dignity of protection of indigenous people and human populations. The basic features lastly, political security that aims at of the human security paradigm are: protecting human rights and well-being people-oriented (focus on the individual of all peoples as well as protection of as the centre of analysis), multi-sectoral the populace against state repression (UNDP, 2013). (widened understanding of threats and causes of insecurity), comprehensive Deconstructing the doctrine of State (all embracing approach at tackling of Emergency in Nigeria: A Human human insecurity rather than disjointed Security Perspective unconnected responses), context- Since independence in 1960, all the specific (recognition of the fact that constitutions enacted by the country there is variation in insecurity across clearly define state of emergency from different settings and proffering of the perspective of threats to the solutions that address particular country‘s sovereignty, territorial situations they seek to address) and integrity and political independence. finally prevention oriented (focus on the Consequently, Section 305 of the 1999 root causes of a particular threat, ways Constitution as amended empowers the of mitigating the impact and where President to issue a proclamation of possible prevent the occurrence of state of emergency in the federation or current and future threats) ( United any part thereof. Sub Section (3) Nations, 2014). stipulates that the President shall have Human security has seven distinct but power to issue a Proclamation of state related dimensions: economic security, of emergency only when: (a) the food security, health security, Federation is at war; (b) the Federation environmental security, personal is in imminent danger of invasion or security, community security and involvement in a state of war; (c) there political security. Economic security is actual breakdown of public order and includes insured basic income and public safety in the Federation or any employment as well as access to such part thereof to such extent as to require social safety net; food security deals extraordinary measures to restore peace with access to basic nutrition and food and security; (d) there is a clear and

47 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 present danger of an actual breakdown crises have not led to the proclamation of public order and public safety in the of a state of emergency. Suffice it to say Federation or any part thereof requiring that often times in Nigeria, the extraordinary measures to avert such government comes up with statements danger; (e) there is an occurrence or suggesting that it has declared a state of imminent danger, or the occurrence of emergency in certain sectors of the any disaster or natural calamity, country‘s national life (statements such affecting the community or a section of as the federal government has declared the community in the Federation; (f) a state of emergency on education, there is any other public danger which hunger, health, economy among others), clearly constitutes a threat to the however, such pronouncements are existence of the Federation; or (g) the mere rhetoric as they do not translate to President receives a request to do so in a proclamation of a state of emergency accordance with the provisions of because as Ozbudun & Turhan (1995) subsection (4) of this section. The observed, for a declaration to constitute above provisions suggest that emphasis an emergency rule, the law must grant has been more on the threats affecting extraordinary powers and as such, any the territorial integrity of the country. proclamation of a state of emergency

However, from that 1962 when the first that is not supported by the grant of emergency rule was proclaimed till extraordinary powers does not amount date, there have been several threats to to an emergency rule in the ordinary sense of the word. human security within the federation that ordinarily should lead to the On the threats to economic security, declaration of a state of emergency. poverty is so widespread and persistent Looking at the seven components of in Nigeria that the latest poverty report human security as highlighted in the by the National Bureau of Statistics segment on conceptual issues above, (NBS) indicates that about 112 million incidents of persistent poverty and Nigerians (that is 67.1 per cent) of the unemployment (economic security entire population of 162 million live threats); hunger and famine (food below poverty level (Ahiuma-Young, security threats); deadly infectious 2016). The situation is so critical that diseases, unsafe food, malnutrition, lack the International Labour Organization of access to basic health care (health (ILO) has estimated that nothing less security threats); environmental than $1o trillion will be required to degradation, resource depletion, natural eradicate poverty in Nigeria and other disasters and pollution (environmental developing countries from 2016 – 2030 security threats); physical violence, (Ahiuma-Young, 2016). Also, the NBS crime, terrorism, domestic violence as observed that 29 million Nigerians are well as child labour (personal security jobless as the unemployment rate in threats); inter-ethnic, religious and other Nigeria rose from 13.9 per cent in the identity based tensions (community 3rd Quarter of 2016 to 14.2 per cent in security threats); political repression as the 4th Quarter of the same year well as human rights abuses (political (Vanguard Newspaper, 2017; National security threats) (UN, 2009) have Bureau of Statistics, 2017). Meanwhile become symptomatic of the country‘s the Bureau has projected an increase in national life. Yet, these humanitarian the unemployment rate in the 4th

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Quarter of 2017 as a result of the population) to food insecurity, the economic recession experienced in the President, Peter Mutharika, declared a country (Danjuma, 2017). state of national disaster to address the

As disturbing as these revelations are, problem (Aljazeera, 2016). the Nigerian government has not Health services are also facing serious deemed it necessary to take extra threats. In the entire northeast, 6.9 ordinary measures to address these million people are living in areas with economic challenges. However, as far inadequate health services including back as October 1923, as a result of the more than 68 per cent of the 1.8 million depreciating value of German Mark, the Internally Displaced Persons (IDPs) government invoked Article 4 of the living in host communities across Constitution to declare a state of Adamawa, Borno and Yobe states exception to be able to cope with the (United Nations High Commissioner fall of the currency; thus, corroborating for Refugees, 2017). Also disturbing is the inclination in modern times to the fact that interventionist programmes conflate politico-military and economic are being hampered by lack of qualified crisis (Attell, 2004). Also in 1933, in staff and essential medicines as well as order to cope with the ―Great the destruction of health facilities. Depression‖, extraordinary and Report from World Health Organization unlimited powers (through a series of (WHO) shows that at least one third of Statutes culminating in the National more than 700 health facilities in Borno Recovery Act of June 16, 1933) were State have been utterly ruined while one delegated to US President, Franklin third of the remaining facilities are not Roosevelt to regulate and control every functioning at all (Ogundipe and aspect of the economic life of the Olawale, 2016). According to the country (Attell, 2004). In recent times, report, 35 per cent of the 743 health amidst biting economic crisis, President facilities in Borno State are completely Nicholas Maduro of Venezuela, issued destroyed, another 25 per cent partially a decree that assigned extra powers to damaged and only 34 per cent are intact him to tackle the country‘s economic (VOA News, 2016). 31 per cent of the challenges (Hutt, 2016). The basic need 481 health facilities that have not been of man (food) is not left out. Comparing damaged are not functioning for lack of agricultural research ratings of access due to insecurity while almost 60 countries such as Brazil, India, and per cent of the facilities have no access China among others, international to safe water; 35 per cent have no experts noted that while those countries access to any water at all and 3 out of 4 are moving upward, Nigeria is sliding (73 per cent) facilities lack enough downward on yearly basis with chlorine stocks to decontaminate the attendant increase in food insecurity in water used in the facility ((Ogundipe the land heralding danger of and Olawale, 2016). In Slovakia malnutrition and famine (Umoru, however, following the resignation of 2017). Conversely, in Malawi, arising 2,400 doctors that rejected pay rise from worsening food shortages offer of £300, the Interim Prime occasioned by drought which has Minister, Iveta Radicova, declared a subjected about 2.8 million people state of emergency on November 28, (close to 20 per cent of the total 2011 at 15 state-run hospitals (Vilikovska, 2011; Boyd, 2011).

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On environmental threats, Nigeria is human beings are widespread while reported to have one of the most those against human belongings such as environmental records in the world stealing, receiving stolen properties, (Tasihu, 2010). In the Niger Delta obtaining property by false pretence, region for instance, as a result of oil robbery, burglary and house breaking exploration and exploitation by the oil are common (National Bureau of companies, there is an alarming rate of Statistics, 2017). According to the environmental degradation. According crime statistics for year 2016 released to the Director, Health of Mother Earth by the NBS, out of a total of 125,790 Foundation, Mr Nnimmo Bassey, since cases reported, offence against property more attention is given to oil recorded the highest with 65,397 cases exploitation with less on maintenance, reported followed by offence against the soil, foods and ecosystem have been persons which stood at 45,554 reported contaminated (Enietan-Matthews, cases (National Bureau of Statistics, 2015). Similarly, in the northern part of 2017). Conversely, in Trinidad and the country, an environmentalist, Tobago, arising from the killing of 11 Desmond Majekodunmi has estimated people in a couple of days, the Prime that hundreds of thousands of people Minister, Kamla Persad-Bissessar will become environmental refugees declared emergency rule for 15 days on arising from climate change and August 21, 2011 to halt the violent unabated deforestation that have caused activities of rampaging thugs bent on desert encroachment (Onoh, 2014). unleashing havoc on the country (BBC News, 2011). Furthermore, more than half of Nigeria‘s primary forests is lost to Community security threats are not left deforestation while erosion due to flood out. With its multi-ethnic nature, is occurring at an increasing and Nigeria has been experiencing inter- alarming rate (Tasihu, 2010). Compared ethnic, religious and other identity to what is obtainable in some other based tensions. In the conflict prone countries, Nigeria has not taken ―Middle Belt‖ region for instance, extraordinary measures to address these impunity for cycles of uninhibited and threats. For instance, former US unpunished violence between nomadic President, George Bush, placed two Fulani pastoralists and farming American states of Mississippi and communities has promoted its spread to Louisiana under emergency rule other areas. In February, 2016, for two following the Hurricane Katrina threat weeks, in retribution for the killing of in 2005 (Hutt, 2016). Also, a state of their cattle, armed herdsmen attacked emergency was declared in Japan in 11 communities in Benue killing many 2011 due to the massive tsunami that people; the case is not different in affected the three nuclear reactors Ukpabi Nimbo of Enugu state where housed by the Fukushima power plant similar attacks on April 25, 2016 left 12 (Hutt, 2016). people dead while Korum Orawua and

Threats against persons and their Gidan Bature communities in Taraba belongings are quite prevalent. Crimes state were not spared as violent attacks such as murder, manslaughter, of May 7, 2016 led to the death of 6 infanticide, concealment of birth, rape people (Human Rights Watch, 2017). and other physical abuses against However, in Myanmar, sectarian

50 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 violence between Buddhists and ethnic reference to circumstances that can lead Rohingya Muslims in the town of to the declaration of state of emergency. Meiktila in central Myanmar that In their view, while international law displaced over 8,000 people, destroyed has a role to play in establishing the more than 1,000 homes and buildings, propriety and or otherwise of invoking including mosques and left over 4o emergency powers, they further argue people dead, prompted the proclamation that emergency powers mainly apply to of a state of emergency on March 22, procedures rather than individual rights 2013 (Reliefweb, 2013). Also, on and that a balancing test March 5, 2007, a state of emergency (proportionality test) is applicable and was declared in Vanuatu after clashes finally that emergency powers can only on March 3, 2007 at the capital Port be invoked in extreme circumstances Vila between Islanders from Ambrym (Helgadottir, 2012). Though a country‘s and Tanna resulted in three deaths and constitution or legislation normally destruction of property (The Economist describes the circumstances that can Intelligence Unit, 2007; BBC News, give rise to a state of emergency, 2017). identifies the procedures to be followed,

Lastly, repressive activities of the and specifies limits on the emergency government and human rights abuses powers that may be invoked or the constitute the major threats to political rights that can be suspended, however, security among Nigerians. A report by important international treaties provide the Amnesty International describes the guidelines regulating emergency human rights situation in Nigeria as situations (Oraa, 1992 as cited ―pretty shocking‖. The human rights McGoldrick, 2004, Law and Powers, organization notes that women, men 2005). For instance, The European and children live in continuous fear of Convention of Human Rights and murder and abduction by Boko Haram Fundamental Freedoms (ECHR) and and of arbitrary arrest, unlawful the International Covenant on Civil and detention, torture and even executions Political Rights (ICCPR) - stipulate that at the hands of security forces (Obi, states are to observe the following 2015). However, it is worthy to note principles in the proclamation of a state that arising from Chinese intervention of emergency (Law and Powers, 2005, in the Korean war that lasted between p.2): 1950-1953, former US President, Harry • temporality: this refers to the Truman, declared a state of emergency exceptional nature of the declaration by beckoning on the American people of a state of emergency; to help construct an ―arsenal of • exceptional threat: the crisis must freedom‖ over threats to Americans by present a real, current or at least an what he proclaimed ―Communist imminent danger to the community; Imperialism‖ (History.com, 2009). • declaration: the state of emergency must be announced publicly; this The pertinent question however is informs citizens of the legal situation whether these threats to human security and reduces the possibility of a de can justifiably constitute emergency facto state of emergency, that is, a that necessitates the proclamation of a situation whereby the state restricts state of emergency? For constitutional human rights without officially theorists certain limitations abound with proclaiming a state of emergency;

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• communication: notification of the emergency that threatens the life of the measures taken must be made to other nation and the existence of which is states and relevant treaty-monitoring officially proclaimed (United Nations, bodies; for example, if a state is to 1976). According to the ICCPR, a derogate from its obligations under threat to the life of the nation includes: the ECHR or ICCPR then it must a threat that affects the whole of the inform the Secretary General of population and either the whole or part respectively the Council of Europe or of the territory of the state and one the UN of its derogation, the which threatens physical integrity of the measures it has taken and the reasons population, the political independence therefore, as well as the termination or the territorial integrity of the state or of the derogation; the existence or basic functioning of • proportionality: the measures taken to institutions indispensable to ensure and counter the crisis must be project the rights recognized in the proportional to the gravity of the Covenant (Helgadottir, 2012).

emergency situation; this applies to What then constitutes these exceptional the area of application, their material circumstances? Are they limited to only content and their duration; military and territorial threats? • legality: human rights and According to the 18th Century English fundamental freedoms during a state philosopher, John Locke, the of emergency must respect the limits prerogative of exercising emergency provided for by the relevant powers which is not limited to wartime instruments of international and or even to situations of great urgency, is national law; furthermore, a state of justified if it is exercised for public emergency does not imply a good (Cook, 1947 as cited in Relyea, temporary suspension of the rule of 2007). The implication of this is that the law, nor does it authorise those in rationale for the proclamation of a state power to act in disregard of the of emergency can arise from diverse principle of legality, by which they situations such as armed action against are bound at all times; the state by both internal and external • intangibility: this concerns the forces, natural calamity, civil unrest, an fundamental rights from which there epidemic, a financial or economic crisis can be no derogation, even during or a general strike (Law and Powers, times of emergency. 2005). Also, Criddle and Fox-Decent Though different states may be subject (2012 as cited in Fatile & Ejalonibu, to different international obligations 2014) corroborated this view when they with respect to emergencies (Oraa, averred that governments all over the 1992 as cited in McGoldrick, 2004), world have over the past Centuries, however, let us focus on the more declared states of emergency in reaction universal international provision on to a multiplicity of real and perceived public emergency as provided in the crises, including not only the threats of ICCPR. Pursuant to Article 4 of foreign military intervention and ICCPR, states parties to the present insurrection but also political unrest, Covenant may take measures general civil unrest, criminal or terrorist derogating from their obligations under violence, labour strikes, economic the Covenant when there is public emergencies, the collapse of public

52 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 institutions, the spread of comprising 31 distinguished experts, communicable diseases and natural with the aim of examining the disasters. limitation and derogation provisions in

Having x-rayed the exceptional ICCPR, with a view to identifying their circumstances that can lead to the legitimate objectives, the general declaration of a state of emergency, principles of interpretation which another challenge is that more often govern their imposition and application than not dictators hide under the cover as well as some of the main features of of public emergency to repress and the grounds for limitation and deny fundamental rights of the derogation (Abiola, 2011; ICJ, 1985). populace. For instance, in the 1970s The outcome of this gathering was the (during the Cold War), there was an adoption of Siracusa Principles on the international state of emergencies limitation and derogation provisions in ―epidemic‖ witnessed in countries like the ICCPR. Cognizant of the fact that Argentina, Brazil, Chile, Egypt, India, there is always a gap between the Ireland, Malaysia and Pakistan as a existence of rules and implementation result of political unrest whereby those with a view to ensuring compliance, the who disagreed with their governments ICCPR has set in motion two systems were regarded as dissidents, agents of of monitoring: one is that states parties international enemy and threats to are required to submit periodic written national security; a development that reports to be examined by the Human led to idea of ―national security Rights Committee (HRC) (an doctrine‖ (broadly defined to independent body of experts that encompass the capacity of the state to monitors implementation of the ICCPR defend against external and internal by its parties) on their implementation aggression and insurgency) which of the ICCPR rights, including the provided political and ideological effect emergency powers on such rights grounds for dictatorships to deal (Boerefijn, 1999 as cited in brutally with opponents of the regime McGoldrick, 2004); two, is a system (Abiola, 2011). In a country like that permits individual petitions under Nigeria with adverse records on human the First Optional Protocol to the rights, what is the guarantee that ICCPR (OPI) (Sandy, 1998 as cited in widening the scope of issues that can McGoldrick, 2004). justify the proclamation of a state of Relying on the monitoring mechanisms, emergency will not worsen the ICCPR has through the HRC examined situation? human rights developments in so many

Worried by the above scenario, in the countries. In 1995, for instance, after Spring (from April 30 to May 4) of discovering that the conditions 1984, the American Association for the stipulated in the legislative and judicial International Commission of Jurists systems of Estonia might not ease (AAICJ) initiated a colloquium co- access to citizenship of non-Estonians sponsored by the International residing in the country as well as Commission of Jurists (ICJ), the Urban voicing concern over the congested Morgan Institute of Human Rights and prisons and long-lasting detention of the International Institute of Higher refugees, the HRC encouraged Estonia Studies in Criminal Sciences, to go on with its reforms in order to

53 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 build a democratic civil society where human rights abuses such as war human rights will be totally respected crimes, torture and enforced (United Nations, 1995). Also, in the disappearance as well as lack of case of Hong Kong in 1995, in the accountability and reparation for course of examining the fourth periodic victims (OHCHR, 2014). report of the United Kingdom relating On the issue of jurisdiction to declare a to Hong Kong in accordance with state state of emergency, an indispensable party‘s compliance with the ICCPR, the feature of a federal state is the formal HRC regretted that the legal system in division of governmental powers and Hong Kong violated Article 25 of the functions between the central ICCPR on issues of participation of the government and the component units citizens in public affairs and as such, that make up the federation. Section 2 called for respect for gender equality, (2) of the 1999 Constitution of the strong and independent judiciary Federal Republic of Nigeria as amended committed to human rights, bringing describes the country as a federation into force anti-sex discrimination consisting of states and a federal capital ordinance and the establishment of territory. Section 5 (2) (a) of the same equal opportunity commission (United constitution vests in the Governor of a Nations, 1995). For Nigeria, the HRC in state the executive powers of the state 1996 recommended that its measures and Section 176 (2) describes the which abrogated or suspended Governor as the Chief Executive of his Constitutional rights, themselves be state. The implication of this that just as abrogated and any future derogation the President is the Chief Security comply strictly with Article 4 of the Officer of the whole federation, the ICCPR (McGoldrick, 2004). Governor is the Chief Security Officer

In 2001, concern was raised regarding of his state. However, under Section article 17 of the Croatian Constitution 305 of the Constitution, only the on derogation from the human rights President is empowered to proclaim a provisions of the constitution during state of emergency in the federation or emergency and the HRC sued for a any part thereof. Such a power is not suitable legislation to address the extended to the Governor within his situation (United Nations, 2001). In the area of jurisdiction. The question case of Canada, the ―notwithstanding‖ begging for an answer is whether this is clause in section 333 of the country‘s the practice in other federal states? Let constitution was described by HRC as us look at the arrangement in some being incompatible with Article 4 of the countries around the globe.

ICCPR (UN Doc., n.d. as cited in In New Zealand, the Civil Defence McGoldrick, 2004). Gabon was not left Emergency Management Act of 2002 out as it was urged to immediately empowers the government and local adopt and incorporate all relevant authority the power to declare a state of provisions of Article 4 of the ICCPR emergency either over the entire into the Constitution (UN Doc., n.d. as country or within a specific region like cited in McGoldrick, 2004). In 2014 in the local state of emergency declared on Nepal, the HRC advocated the need for September 4, 2010 as a result of the legal and practical solutions to Canterbury earthquake (New Zealand continued impunity for the most serious Legislation, 2002). In Canada, the

54 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 current Emergency Act empowers both democracy, the study concludes that the the federal government and any of the notion of state of emergency within the provisional governments to declare a Nigerian context is not only narrow in state of emergency (Government of scope but also defies the cardinal Canada, 2003). The US is not left out as principle of a federal state whereby a state governor or local mayor may governmental powers are divided declare a state of emergency within his among the federating units with each or her jurisdiction like the one declared unit having and exercising jurisdiction by Washington Governor, Jay Inslee on over matters within its domain. December 10, 2015 due to flooding and Deferring to the paradigmatic landslides caused by heavy rains (USA orientation of human security, the study Today, 2015). therefore recommends an expanded

Conclusion conception of the doctrine of state of This paper has sought to deconstruct the emergency in Nigeria and the grant of idea of state of emergency in Nigeria concurrent jurisdiction to the three tiers using the human security approach. of government in the exercise of After comparing the theory and practice extraordinary powers in dealing with of state of emergency in Nigeria both emergencies within their domain in scope and jurisdiction with what depending on the magnitude of the suffices in other climes especially situation and the resources available. federal states operating presidential

References http://www.press.uchicago.edu/M Abiola, S. (2011, January 28). The isc/chicago/009254.html siracusa principles on the Ahiuma-Young, V. (2016, June 8). limitation and derogation $10trn needed to fight poverty in provisions in the International Nigeria, others by 2030 – ILO. Covenant for Civil and Political Retrieved from Rights (ICCPR): History and https://www.vanguardngr.com/20 interpretation in public health 16/06/10trn-needed-fight- context. Research Memorandum poverty-nigeria-others-2030-ilo/ prepared for the Open Society (2016, October 18). Poverty: Institute‘s Public Health Program, 112m Nigerians live below Law and Health Initiative. poverty line. Retrieved from Retrieved from http://health- https://www.vanguardngr.com/20 rights.org/index.php/cop/item/me 16/10/poverty-112m-nigerians- mo-the-siracusa-principles-on- live-poverty-line/ the-limitation-and-derogation- Aljazeera (2016, April 14). Malawi provisions-in-the-international- declares state of emergency over covenant-for-civil-and-political- drought. Retrieved from rights-iccpr-history-and- http://www.aljazeera.com/news/2 interpretation-in-public-health- 016/04/malawi-declares-state- context emergency-drought- Agamben, G. (2004). A brief history of 160413144707560.html the state of exception: An excerpt Aluko, M. (2004, June 1). 1962-63 state from state of exception. Retrieved of emergency in western Nigeria from and in Nigeria. Retrieved from

55 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

http://www.nigeriavillagesquare.c https://britannica.com/biography/ om/mobolaji-aluko/1962-63- Yakubu-Gowon state-of-emergency-in-western- Enietan-Matthews, T. (2015, July 24). nigeria-and-in-nigeria.html Declare environment emergency BBC News (2011, August 23). Trinidad in Niger Delta – Activists tell FG. declares state of emergency in Retrieved from crime hot-spots. Retrieved from http://dailypost.ng/2015/07/24/de www.bbc.com/news/world-latin- clare-environment-emergency-in- america-14627050 (2017, July niger-delta-activists-tell-fg/ 12). Vanuatu profile – timeline. Fatile, J.O. and Ejalonibu, G.L. (2014). Retrieved from Emergency rule: A panacea for www.bbc.com/news/world-asia- peace and conflict resolution in 16426561 Nigeria. Journal of Policy and Boyd, J. (2011, November 29). Development Studies, vol. 9, No. Government calls state of 1 (November). Pp.122-138. emergency in 15 hospitals. Retrieved from Retrieved from https://www.arabianjbmr.com/pdf www.thedaily.sk/government- s/JPDS_vol_9_1/9.pdf calls-state-of-emergency-in-15- Government of Canada (2003, hospitals/Constitution of the August 7). State of emergency Federal Republic of Nigeria 1999 FAQ. Retrieved from cbc.ca (n.d.). Retrieved from Helgadottir, R. (2012, March 10). http://www.wipo.int/edocs/exdoc Economic crises and emergency s/laws/en/ng/ng014en.pdf powers in Europe. Harvard Danjuma, P. (2017, December 28). Business Law Review. Retrieved NBS tells Nigerians to expect from worse unemployment figures in http://www.hblr.org/2012/03/eu- Q4. Retrieved from economic-emergency-powers/ shipsandports.com.ng/nbs-tells- History.com (2009). Truman declares nigerians-expect-worse- state of emergency. Retrieved unemployment-figures-q4/ from Dorn, W. (2017). Human security: An http://www.history.com/this-day- overview. Retrieved from in-history/truman-declares-state- http://walterdorn.net/23-human- of-emergency security-an-overview Human Rights Watch (2017). World Ekujumi, N. (2013, May 17). report 2017. Retrieved from Declaration of state of emergency https://www.hrw.org/world- as a set back for Nigeria‘s report/2017/country- democracy. Retrieved from chapters/nigeria http://saharareporters.com/2013/0 Hutt, R. (2016, July 21). What is a state 5/17/declaration-states- of emergency? Retrieved from emergency-set-back- https://www.weforum.org/agenda nigeria%E2%80%99s-democracy /2016/what-is-a-state-of- Encyclopedia Britannica (2014). emergency-and-which- Yakubu Gowon: Head of state of governments-have-declared-one/ Nigeria. Retrieved from ICJ (1985). Siracusa principles on the limitation and derogation

56 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

provisisons in the International National Bureau of Statistics (2017, Covenant on Civil and Political June). Unemployment / under- Rights. Retrieved from employment report (Q4, 2016). https://www.icj.org/siracusa- Retrieved from international-covenant-on-civil- 94_2016_unemployment_report.c and-political-rights/ dr; Kamga, G.E.K (2015). The origin and www.nigerianstat.gov.ng/downlo development of emergency ad/564 (2017, June). Crime regimes in Cameroon. statistics: Reported offences by Fundamina, vol.21, no.2. type and state. Retrieved from Retrieved from www.nigerianstat.gov.ng/downlo http://www.scielo.org.za/scielo.p ad/567 New Zealand Legislation hp?script=sci_arttext&pid=s1021 (2002, October 17). Civil defence -545x2015000200005; emergency management act, http://dx.doi.org/10.17159/2411- 2002. Retrieved from 7870/2015/v21n2a5 www.legislation.govt.nz/act/publi Law, D. and Powers, J. (eds.) (2015, c/2002/0033/48.0/DLM149789.ht October). States of emergency. ml The Geneva Centre for the Obi, W.D. (2015). Human rights in Democratic Control of Armed Nigeria: Violence, death and Forces (DCAF) Backgrounder, injustice. Retrieved from Security Sector Governance and https://www.naija.ng/410341- Reform. Retrieved from human-rights-in-nigeria-violence- https://www.files.ethz.ch/isn/141 death-and-injustice.html#410341 31/backgrounder_02_states_emer Ocheje,P. (1999). ―Exploring the legal gency.pdf dimensions of political Laws of Bangladesh (2012). Emergency legitimacy: A rights approach to provision. Retrieved from governance in Africa‖. In E.K. bdlaws24.blogspot.com.ng/2012/ Quashigah and O.C. Okafor 01/emergency-provisions.html (1999). Legitimate governance in Lawyers Alert (2013, May 16). Nigeria: Africa: International and State of emergency and legality domestic legal perspectives. of Governors‘ stay in office and Hague: Kluwer Law effect on citizens‘ rights. International. Online version. Retrieved from Retrieved from https://lawyersalert.wordpress.co https://books.google.com.ng/book m/2013/05/16/nigeria-state-of- s?isbn=904111176x emergency-legality-of-governors- Ogundipe, S. and Olawale, G. (2016, stay-in-office-and-effect-on- December 15). Insecurity: One citizens-rights/ third of health facilities in N/East McGoldrick, D. (2004). The interface Nigeria destroyed – WHO. between public emergency Retrieved from powers and international law. https://www.vanguardngr.com/20 Retrieved from 16/12/insecurity-one-third-of- https://watermark.silverchair.com health-facilities-in-neast-nigeria- /020380.pdf? destroyed-who/

57 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

OHCHR (2014, March 19). Human Journal of International Law, rights committee considers report vol.34, iss.3, pp.491-557. of Nepal. Retrieved from www.ohchr.org/EN/NewsEvents/ http://repository.law.umich.edu/m Pages/DispalyNews.aspx?NewsI jil/vol34/iss3/1 D=14406&LangID=E Tasihu, H.M. (2010, January 7). Nigeria Onoh, I. (2014, July 17). How environmental issues. Retrieved environmental degradation from induces insecurity, insurgency. http://ngenvirons.blogspot.com.n Retrieved from g/ http://earthjournalism.net/stories/ Teniola, E. (2017, July 2). How Balewa how-environmental-degradation- declared state of emergency in induces-insecurity-insurgency the West in 1962. Retrieved from Onuah, F. and Cocks, T. (2011, https://abujareporter.com.ng/how- December 31). Nigeria‘s balewa-declared-state-of- Jonathan declares state of emergency-in-the-west-in-1962- emergency. Retrieved from reflections-by-eric-teniola/ https://www.reuters.com/article/u The Economist Intelligence Unit (2007, s-nigeria-emergency- June). Country report: Vanuatu. idUSL6E7NV07T20111231 Retrieved from Ozbudun, E. and Turhan, M. (1995). www.iuj.ac.j/m/ic/EIU/Report/Va Emergency powers. European nuatu/June-2007_main_report.pdf Commission for Democracy The Guardian Newspaper (2004, May through Law (Venice 18). Provisions on state of Commission). Retrieved from emergency in Nigeria‘s 1999 http://www.venice.coe.int/webfor Constitution. Retrieved from ms/documents/default.aspx?pdffil http://www.waado.org/NigerDelt e=COL-STD%281995%29012-e a/FedGovt/federalism/emergency Relief Web (2013, April 19). Promoting _rule/emergency_provisions.html peace amid Myanmar‘s sectarian Umoru, H. (2017, July 20). Food violence. Retrieved from insecurity: Famine, malnutrition https://reliefweb- looms in Nigeria, international int/report/myanmar/promoting- experts warn. Retrieved from peace-amid-myanmars-sectarian- https://www.vanguardngr.com/20 violence 17/07/food-insecurity-famine- Relyea, H.C. (2007, August 30). malnutrition-looms-nigeria- National emergency powers. international-experts-warn/ Congressional Research Service UNDP Human Development Report Report for Congress. Retrieved Office (2013). Human security: A from thematic guidance note for https://fas.org/sgp/crs/natsec/98- regional and national human 505.pdf development report teams. Sheeran, S.P. (2013). Retrieved from Reconceptualizing states of http://hdr.undp.org/sites/default/fi emergency under international les/human_security_guidance_not human rights law: Theory, legal e_r-nhdrs.pdf doctrine and politics. Michigan

58 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

United Nations (1976). International in the northeast. Retrieved from Covenant on Civil and Political https://data2.unhcr.org/en/docum Rights, vol. 999, no. 14668. ents/download/57121 Retrieved from USA Today (2015, December 10). https://treaties.un.org/doc/publica Washington gov. declares tions/units/volume%20999/volum weather emergency. Retrieved e-999-i-14668-english.pdf from United Nations (1995, October 24). https://www.usatoday.com/story/ Human rights committee news/nation- concludes review of report on now/2015/12/10/washington-gov- Hong Kong: Press release, declares-weather- HR/CT/439. Retrieved from emergency/77081310/ www.un.org/press/en/1995/19951 Vanguard Newspaper (2017, June 6). 024.hrct439.html (1995, October 29m Nigerians jobless as 26). Human rights committee unemployment rate rises to concludes Estonia report: Press 14.2% in Q4. Retrieved from release, HR/CT/440. Retrieved https://www.vanguardngr.com/20 from 17/06/29m-nigerians-jobless- www.un.org/press/en/1995/19951 unemployment-rate-rises-14-2- 026.hrct444.html q4/ (2001, March 29). Human rights Vilikovska, Z. (2011, November 29). committee concludes discussion Slovakia declares state of of Croatia‘s initial report, strategy emergency at 15 state-run to fight violence against women hospitals. Retrieved from among issues addressed. https://spectators.sme.sk/c/20041 Retrieved from 805/slovakia-declares-state-of- www,un,org/press/en/2001/hrct60 emergency-at-15-state-run- 4.doc.htm (2014, June 18). hospitals.html Human security approach. VOA News (2016, December 14). 2 out Retrieved from of 3 health facilities in Nigeria‘s http://www.un.org/humansecurity Borno destroyed or idle. /human-security-unit/human- Retrieved from security-approach https://www.voanews.com/a/nige United Nations High Commissioner for ria-borno-health-facilities-boko- Refugees (2017, May 24). haram/3636129.html Thematic report: Nigeria – health

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Covenant University Journal of Politics & Internationall Affair. Vol. 6 No. 1, June 2018

An Open Access Journal Available Online

Militarisation of Oil and Environmental Politics in Nigeria: Armed Resistance, State Responses and Peace Prospects in the Niger Delta Region

Samuel Oyewole1, Damola Adegboye2 & Emmanuel Durosinmi3

1Department of Political Science Federal University Oye-Ekiti, Ekiti State, Nigeria 2Department of Political Science Osun State University, Okuku, Osun State, Nigeria 3Department of Political Science University of Ibadan, Ibadan, Nigeria [email protected]

Abstract: The contradictions inherent in interests of stakeholders in oil politics have escalated to armed confrontations in the oil-producing Niger Delta region of Nigeria. Years of unrealised development aspirations of the Niger Delta people and environmental crisis in relation to oil spillage and gas flaring have encouraged resistance against the oil industries and the state in the region. The manner of this resistance and state responses have undergone the process of militarisation in the last decades. The paper, which is qualitative in nature and thus drawing much from secondary data establishes that a series of political solutions, including support for zoning of Nigerian Presidency to the Niger Delta, and policy initiatives such as the amnesty programme for militants have helped to subdue the crisis. However, oil and environmental politics remains militarised for the state and resistant groups in the Niger Delta. Consequently, this article seeks to examine the nature and context of the socio-political crisis in the Niger Delta and the challenges and prospects for sustainable peace in the region. Keywords: Amnesty, Armed Conflict, Niger Delta, Peace, Security

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Introduction The rise of Goodluck Jonathan as the responses also become actively first Nigerian Vice-President (2007- militarised. These largely encouraged 2010) and President (2010-2015) from the emergence of radical movements Niger Delta is a political landmark in seeking to challenge the oil the region and Nigeria as a whole. Also, beneficiaries namely, oil corporations, the introduction of Amnesty state and federal governments and some Programme (AP) for militants in the members of the political class. Despite region by late President Umaru Yaradua a series of political and policy in 2009 is significant to peacebuilding initiatives however, crisis has remained in the region. Although these factors an enduring subject in oil and delegitimised militancy and created environmental politics in the Niger relative peace in Niger Delta, it is not Delta. Against this background, the totally a holiday for pirates, kidnappers article seeks to examine nature and the and the disaffected (ex-) militants. context of the crisis, and the prospects However, the peace process became for peace, in the Niger Delta region. disrupted at an alarming rate between Oil and Environmental Politics in the 2015 and 2016 when the Niger Delta Niger Delta Avengers (NDA) among other groups Oil prospecting in Nigeria dates back to renewed militancy in the region. The 1908 when a German firm established a groups like their predecessors hanged bitumen company to undertake their grievances on unrealised exploration for bitumen in the coastal development aspirations of the people area between Lagos and Okitipupa of oil producing Niger Delta region, (Oketa and Tobi, 2001:155). Before the which is connected to the aggressive colonial windup, oil was discovered in quest to maximise profit at minimum Oloibiri community in 1956 by Shell cost to oil corporations, and the D‘Arcy, a company that received a sole centralisation, corruptionand concession to operate in Nigeria in militarisation measure of the oil- 1937. Production in commercial dependent Nigerian federation at the quantitycommence in 1958. The detriment of the region. country‘s production capacity rose from Regardless of recent development, initial 5100 barrels per day (bpd) in ecological crisis born out of the 1958 to 900,000 bpd in 1970 and now activities of Oil Corporations, economic 2.7 million bpd in 2017 (NNPC, 1999; underdevelopment andpolitical 2017). The discovery of oil in Niger marginalisation of the Niger Delta Delta was celebrated in the region, in people in Nigeriacontinue to be major the hope that oil increases their ability sources of grievances in the to influence the central government to region.Thoughthe region‘s history is not better their condition. This is important without violence or aggressive for a region that is dominantly advocacy, the oil producing populated by several ethnic minority communities have peacefully protested groups, who are contending with their political marginalisation and ‗majoritarian dictatorship‘ of ecological vulnerability until the socio- Hausa/Fulani, Igbo and Yoruba in the political and environmental conditions federation. developed more frostily and state

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Oil accounts for about 40% of Nigerian not really displaced the traditional land Gross Domestic Product (GDP) and lords system in the region.

70% of government revenues.The In addition to land alienation, Niger aggressive global oil quest that follows Delta was further ecologically the 1970s oil shuck is a landmark in threatened by the activities of the oil Nigerianpolitical economy history. corporation that causes excessive oil Skyrocketing oil price in 1970s brought spillage in host communities. Between post-civil war Nigerian military elites, 2000 and 2015, Nigeria reportedly led by General Yakubu Gowon, in produced 33,136,101,351 million contact with petrol-dollars, which has standard cubic feet (mscf) of natural continued to dictate the breath of gas, amidst which 31 per cent or Nigerian government and politics till 10,290,099,374 mscf were flared. At date. In an attempt to consolidate the oil the same time, 2.4 billion metric tons of field for gushing transnational oil was lost mostly spilled in the Niger investors, the Mineral Act of 1914 was Delta (NNPC, 2000-2015). The replaced with Petroleum Act of 1969. implications of both oil spillage and gas For effective control of the natural flaring ranges from displacement of job resources, most especially the fossil to violent clashes for the control of little fuel, government introduced the Land created by surplus available resources. Use Decree in 1978, apportioning all Omotola (2006:10) pointed out that ―for landed property to the state one thing, due to incessant oil spillages, governments on behalfof the federal the people have been deprived of their government. main sources of livelihood, that is In an attempt to create favourable fishing and farming. This is because oil condition for the investors, little spills have inflicted unimaginable levels attention has been paid to the condition of damage on farmlands and rivers such of the oil producing communities. The that they can no longer sustain soil implications of Land Use Act in Niger nutrients and aquatic resources‖. Delta is that the federal government Aghalino (2011:177) further collect rent fees, while the state acknowledge that ―the health of the government received compensation on environment and the lives of the people lands use by oil corporations, hence, are intertwined with the health of the individuals and their oil rich water system. The food, water and communities are alienated. The crisis cultural identity of many local people busted when government‘s claim to are closely related to the delta ownership of land began to flood the ecosystem‖. Also, the relationship feudal system that premised the between reduction in tradition region‘s subsistence culture. The local opportunities (farming and fishing), communities were made to understand without another, can be a better that the resources: air, land, and water stepping stone to understand that link them with their ancestors are competition for scarce resources that no more under their jurisdiction. has been created by abundance in the Though similar claims to ownership of region. land dated back to colonial era, but such The implications of environmental claims remain largely abstract, for it has degradations extend to declining health condition in some of the communities.

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Chronic cough, catarrh, stooling, stakeholders in the Niger Delta perhaps headache, miscarriage, cholera and until recently. many other form of sickness have been As part of the efforts to deny reported. Beyond physical deprivation responsibility for environmental or displacement, the impact of oil degradation and ignore the spillage extends to spiritual life of these requiredinterventions, government and communities. For example, the Ogoni the oil companies have considerably environment which once teemed with embarked on aggressive and expensive wildlife, was the food basket of the propaganda against the claims of the region and the abode of Ogoni spirits host communities. Because of this and deities, has been reduced to a information deficit, we are out of touch wasteland by an ecological war waged with reality and are also standing on a by Shell(Agbonifo, 2011:254). The dangerous shelf of oil-dependent, natural environment that conserves corporate-induced information community‘s ancestral spirits is said to starvation (Hoffmann, 1999:105). have been affected by the Aghalino (2009:285) pointed out that denaturalisation of the environment and ―there is of course the warped vulnerability of their descendants. declaration that oil pollution does not The politics of oil spillage propel degrade the environment to the extent numerous demands from compensation popularly imagined. Before now, spill to autonomy by various oil producing studies conducted by oil companies, or communities. These demands informed their consultants, attempt to minimize, a blame game between government and or at best deny, the environmental and oil companies. Not until the emergence socio-cultural impact of oil pollution‖. of Ken Saro-Wiwa and his Ogoni-led Specifically, Shell International uprising, government continued to reportedly launched a £20 million wallow in an enclosed belief that the corporate communication campaign in activities of the corporation causes oil March 1999 in order to boost the spillage and they should be responsible company‘s tarnished reputation to the communities whose environment following several public relations are damaged with limited state disasters. Equally, after Ken Saro-Wiwa regulation to that effect. Equally, Ukeje and eight other Ogoni leaders were (2001:342) observed that Niger Delta hanged, the government was reported to ‗also witnessed an acute neglect by the have paid some foreign media to oil companies, who argue that it is counter-informationon its inhuman act beyond their corporate callings to play that received international criticism the role of an alternative government (Omotola, 2006). and provide social amenities and For regime survival amidst Nigeria‘s infrastructure to their host communities. patrimonial politics, governmenthave It is believed by the corporations that embarked on some development finance of any infrastructure facility spearheaded policies in the region. One should go hand in hand with target goal of the government policy responses of maximising profit not community include state creation and derivation service‖. Hence, development was not (Amuwo, et al, 1998). Niger Delta is given adequate attention by concern now made up of 9 of the 36 states in the federation, compared to 1960 when it

63 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 was peripheral of both Eastern and prospect planned actions. The alliance Western regions. The revenue between national elites and local elites collectable by oil producing states for for self-satisfaction conspire against the derivation was also raised from 1 per development of the region. While local cent in 1970s to 13 per cent since late elites embezzled the funds allocated 1990s, although it is below 50 per cent fromthe federation account into the as obtainable in the early 1960s. region, the national elites have decided Various institutions were also created to to keep their eye blind to this, in order manage oil and environmental politics to retain some of their supporters. Oil in the region. The Niger Delta Corporations also bribe state officials to Development Board (NDDB) was overlook or downplay the misdeeds in established in 1961, Oil Mineral their activities. In this manner, there are Producing Area Development allegation that local elites and relatives Commission (OPADEC) in 1992, Niger are largest beneficiaries of some of the Delta Development Commission so called corporate social responsibility.

(NDDC) in 2000 and National Oil Spill Militarisation of Resistance and State Detection and Response Agency Response (NOSDRA) among others. For all these The grievances of the Niger Delta efforts, however, there are concerns peopleover oil and environmental whether the government is only doing politics in Nigeria assumed a phase of this to ensure peace and security for the both civil and militant mobilisations benefit of the oil sector, or is it against the state and oil corporation in genuinely interested in human the last three decades. However, the development in the region without oil- history of anti-state mobilisation in the motivation (Usodike and Isike, 2009) Niger Delta can be traced back to the Oil corporations in Niger Delta also pre-colonial era, when Jaja and Nana embarked on corporate social consciously defended their economic responsibility to reduce its own blame interests against British Imperial state. in the oil politics. At the core of the The declaration of Niger Delta Republic corporate social responsibility is the by Isaac Boro and 150 volunteer forces recognition that profitability and social on February 22, 1966 in Tantonabau, improvement go hand in hand (Eberly, which latter turned to 12 days 2008:49). Barnes (2005:12) pointed out revolution,is historically significant in that ―of the five Shell companies the region‘s political advocacy. The rise operating in Nigeria, four have of Ken Saro-Wiwa marked a turning community development offices. One point in the history of advocacy in the devotes $60 million a year, or 3 percent, region, as it concretised the politics of of its in-country operating budget, to oil spillage and attract the attention and community development‖. In most partnership of environmentalists and cases, oil corporations construct roads, human right advocates nationally and schools and clinics and provides globally. Mass unemployment, poverty, scholarship, employment opportunities, land alienation for peasant population drugs, electricity and portable water in and displacement of aquatic employees, many host communities in the Niger raised grievances against the state and Delta. Despite these efforts, however, oil corporations. Timid and inadequate political corruption undermines the state responses in implementing

64 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 environmental and minority friendly the activities of mobile police known as policy, and the whole complexity ‗kill and go‘, State Security Service surrounding distribution of oil wealth (SSS), and the Directorate of Military further popularised the anti-state Intelligence (DMI) (Aborisade, mobilisation in the region. 2010:77; Osaghae, 2008:202). State

Though Nigerian government has campaigns of terror are evident in always employed ‗carrot and stick‘ Egbema (1989-91),Oburu response to advocacies inNiger Delta, (1989),Umuchem(1990), Bonny blood spillage characterised its record (1992),Egi-Obaji (1994), Tai-Biara of crisis management in the region. (Ogoni) (1994),Ubima (1995),Odi Starting with civil advocacies, the cost (1999) (Chukuezi, 2009:101).During of production disruption and its effect the Ken Saro-Wiwaled Ogoni uprising, on state revenue, propelled government his people were assaulted by the to deploy and maintain combat ready military and police (either regular or military and police to defend its camouflaged as neighbouring militias). interests shared with oil corporation and At the same time, government is non-oil producing states in the Niger believed to have instigated Andonis and Delta.Aghalino (2006:311) observed Okirikas against the Ogoni people in therefore that ―while it may be cynical, 1993. In this process, more than 1,000 for oil, Nigerian government is people lost their lives and 30,000 prepared to submerge the Niger Delta in people rendered homeless (Omotola, blood. In a way it may be fair to stress 2009: 139). In response to the killing of that the shedding of blood has been part twelve policemen by Egbesu Boys of of Nigerian government‘s oil policy.‖ Africa in Odi, Bayelsa State, in November 1999, President Olusegun Ibeanu and Momoh (2008:14) also Obasanjo deployed troop into the pointed out that ―the Nigerian state is village. This operation reportedly itself a source of insecurity. State emptied the village and left about 2000 security agencies constitute a veritable villagers dead, while 50,000 people threat to the security of the citizens of were displaced. Gbaramatu Kingdom in Nigeria. More often, rather than restore Delta State is another hotspot of state peace and order, they exacerbate crises, terror in Niger Delta the turn of the 21st ramping up social and political century (Tamuno, 2011). tensions‖. Besides, there are many counter-advocacies that introduced The Niger Delta conflict began as confusion and animosity, withdirect or genocide but later became a war. At the indirectinvolvement of actions or initial stage, government is believed to inaction of the state, which inspired a assault helpless citizens that raised their series of communal and ethnic conflicts interests in the oil politics; this led to in the Niger Delta. the rise of radical armed groups against The Nigerian state has deployed the state, its security forces and the oil security forces, which have records of interests that they are defending in the campaigns of terror against the people region. As a witness and victim of the of the Niger Delta, through a series of genocide era, Ken Saro-Wiwa predicted operations of various military task the ―war in the delta‖ (Maier, forces, Rivers state Task Force and the 2000:110). Collier (2010:103) observed Joint Task Force that is compliment by that ―guns became necessary if your

65 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 opponents have them‖. The presence of the groups started as a political and activities of the military in the machinery, and subsequently developed region radicalised civil society groups into militant platform for societal in the region.The security forces reign grievance (Tamuno, 2011). Some also like imperial king in this region; their started as a pirate groups, cult and other activities include extra judicial killing, forms of criminal gangs (Ukiwo, assassination, and disguised invasion of 2007).Raging communal and ethnic hostile villages inform of inter- conflicts in the region in the turn of 21 community warfare(Aborisade, 2005; century also encouraged youths to pick Joab-Peterside, 2005; Tamuno, 2011). up arms. Equally, factionalism and The security support received by the fractured movement also led to corporations from the state, popularised proliferation of militant groups in the the belief that government value oil Niger Delta. more than human security in the Niger The Niger Delta crisis is attended by Delta. It is thus paradoxical that rather kidnapping,sabotage, maritime piracy, than guarantee social and economic insurgency, and opens confrontations security, oil became a source of with state force by militants. Annually, insecurity to the aborigines, and rather hundreds of people fall victim of than a guarantor of human security in kidnapping by militants, pirates and the delta, the state has become its major opportunists for ransom,which can violator (Sampson, 2009:31). Hence, range from N500,000 to N1 billion state (military) and corporate (Oyewole, 2016a). Grievous youths (ecological) terror inspired the constantly vent their anger on the oil militarisation of Niger Delta youths. corporations with attacks against their The militarisation of state responses to installations to the detriment of civil advocacies in the Niger Delta production activities. Oil and gas militarised some of the advocacy supply is obstructed through groups and their strategies in the region. vandalisation of pipelines, oil theft and In a bid to improve security against the illegal refineries. Shipment of oil and state, some of them energised gas and other commodities in the Niger community spirit for militant Delta, Nigeria‘s territorial waters and mobilisation. Different armed groups the Gulf of Guinea and their supply in thus emerged to coherently platform the global market is threatened by sporadic uprising into organised frequent attacks, kidnappings, militancy. Amidst this, there were the hijackings and theft by pirates and Egbesu Boys of Africa (EBA), the armed robbers (Oyewole, 2016b). More Niger Delta Peoples Volunteers Force alarming, state security forces are also (NDPVF), the Niger Delta Vigilant targeted for attacksto undermine (NDV), the Movement for the perceived government-corporation Emancipation of Niger Delta (MEND), hard-line. The implications of this the Niger Delta People‘s Salvation hotness is felt through reduction in oil Front (NDPSF), the Coalition of production by corporation, tax paid to Militant Action (COMA), the Bayelsa the federal government and insecurity Volunteers, the Niger Delta Resistance in the region and beyond. Hence,a Movement, and the Niger Delta significant percentage of the oil rent Militant Force Squad (NDMFS). Some received by the state goes to defence,for

66 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 procurement of military hardware to Amidst these, the emergence of defend oil workers and installations. Dr.Goodluck Jonathan as the first

Over the years, the widespread civil indigene of Niger Delta to become resistance in the Niger Delta has Nigerian Vice President (2007-2010) degenerated into lawlessness and and President (2010-2015) is a disorder that criminalised many youths. significant concession for peace process Militancy has turnedinto a profitable in the region.Equally, President business upon which warlord gained Yar‘Adua (2007-2010) accorded surplus values and from where priority to Niger Delta issues, unemployed youth secured a recognised the limitation of military comfortable monetise living. Decent solution, and initiated peace dialogue in work does not pay well enough when 2008. In 2009, the federal government kidnappingis likely to net a cash haul succeeded in negotiating with the equivalent to a government employee‘s militants and other stakeholders in the entire career earnings (Offiong and Niger Delta.In this process, Amnesty Cocodia, 2011:173; Oyewole, 2016a). was granted to 20,192 militants, of Hence, Niger Delta militants cannot be which 15,000 of them surrendered denied of criminality and lust for 2,760 assorted guns, 287,445 rounds of plunder, despite their ideological different calibre ammunition, 18 motivation. Though most of these gunboats, 763 dynamite sticks, 1,090 militant groups have incentives that are dynamite caps, and 3,155 magazines,to beyond grievances that were formerly receive state pardon (Maiangwa and recognised, they undoubtedly make the Agbiboa, 2013:74; Obi and Rustad, 2011:204). region hot for oil corporations and Nigerian government in retaliation for The Amnesty programme entails a perceived environmental injustice. As robust disarmament, demobilisation and militarised state response generates reintegration (DDR). Militants were terror in the efforts to undermine paid for arms and ammunitions environmental terror, the Niger Delta surrendered, as an incentive to embrace experiences turned out to be ―less oil, amnesty and address proliferation of more blood and more fire‖ (Ibeanu, small arms and light weapons (SALW). 2000:19). Amidst these, the military in

Peace by Peaceful Means and its collaboration with repentant militants Challenges identified and destroyed several militant The prevailing insecurity that was camps across the creeks of the Niger witnessed in the Niger Delta since the Delta (Tamuno, 2011). The former turn of 21st century has raised the combatants who registered for the 42- course of the region to the top of month period of training, reintegration national security agenda in Nigeria. and rehabilitation in government- Beyond the military and policing designated residential training centers responses of the state, a series of received a monthly allowance of NGN conflict management strategies have 65,000 (USD 410) over the same period been exploredalso in the Niger Delta. (Maiangwa and Agbiboa, 2013:74). Ex- Prominent among these are dialogues, militants were also sponsored for political concessions, developmental studies locally and internationally, and policy and institutional building. encouraged/assisted to set up legitimate

67 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 business.Amidst these, security Nigeria was able to raise its annual contracts to protect oil installations production capacity for crude oil from were given to ex-militant leaders. The 2008 to 2010, it started to decline again Nigerian Maritime Administration and from 2011; while growth in gas Safety Agency (NIMASA) awarded a produced was consistently followed by pipeline surveillance contract worth decline in the immediate year (NNPC, $103.4million (about N15 billion) to 2015).

Tompolo‘s company—Global West More alarming, the multi-billion dollars Vessel Specialist Limited (GWVSL) in amnesty and Jonathan Presidency 2011.AsariDokubo, Dagogo, Egberi achieved little success in mitigating the Papa, got N2 billion contract to also record of criminal violence, such secure the oil pipelines in Bayelsa and sabotage or oil bunkering, illegal oil Rivers States, while N580 million refining and kidnapping and armed contract was awarded toBoyloaf‘s robbery in waterways and piracy in company (This Day, 2013). Nigeria‘s coasts and the Gulf of Guinea The Amnesty programme has received (GoG). At least, 14,986 incidences of mixed reception among the militants sabotage against pipeline were recorded and reactions in the public. Although in Nigeria between 2011 and 2015 Amnesty relatively delegalize militancy (NNPC, 2015). Although pirate attacks in the Niger Delta, some militants also decline in Nigeria from 40 in 2008 to rejected it. The post-amnesty campaigns about 10 in 2011, Nigerian-based pirate of John Togo, one of MEND groups expanded their operations to the commander, and his Niger Delta neighbouring countries and the GoG. Liberation Force (NDLF) is a Benin with no record of pirate attacks in prominent case. This also explain the 2010 recorded 20 attacks in 2011 and bombing of a political rally in Bayelsa Togo also recorded 28 between 2011 on 29th December 2010 and 1 October and 2013 (Oyewole, 2015). Several 2010 that almost marred the Nigeria‘s illegal refineries alsoemerged across the 50th Independence anniversary creeks, and together with vandalism, celebrations. Equally, the attractive they added to the environmental crisis incentives that are attached to DDR and mostly responsible for a series of encouraged some of the youths that fire disasters in the Niger Delta region were initially peaceful before the (Onuoha, 2009; NNPC, 2015). amnesty to embrace violence. This is Kidnapping for ransom by faceless evident with the emergence of Urhobo groups is also undeterred (Oyewole, Revolutionary Army (URA) in 2011 2016a). and Liberation Movement of the Although there is a decline in Urhobo People (LIMUP) in 2013. popularity of militant advocacy in the Competition for security contracts Niger Delta, the root causes of the crisis among militant leaders also led to in the region is yet to be fully resolved proliferation of agitation movements despite some progress report in some like Coalition of Urhobo Ex-Militant fronts.There are enduring demand for Agitators (CUEA), Coalition of increase in allocation and transparency Urhobo/Isoko Ex-Militant Leaders and with oil revenue, economic the Urhobo Gbagbako and associated development, poverty reduction, job violence (Oyewole, 2018). Though opportunities, and sustainable

68 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 environment in the region. While the fields, which can be explored in gas flaring is on decrease, the oil confrontation against the federation in spillage has increased. Oil product loss future. ThesethreatenedJonathan through rupture and attacks against Presidency, one of the bases of a pipelines rose from 110,380 metric tons peaceful Niger Delta. In 2012, in 2009 to 482,810 metric tons in 2015, AsariDokubo, the founder of NDPVF, while gas flared has reduced from 35.42 ―warned that any attempt to remove per cent to 11.65 per cent of total Jonathan from power forcefully could production, which is between 2.1 and 3 lead to civil war...It is because of trillion mscf (NNPC, 2015). Notably, Goodluck Jonathan that we kept quiet. when Shell spilled 40, 000 barrels of oil But soon, we will not be able to in Bongain 26th December 2011, and guarantee our patience any more‖ was fined $5billion by National Oil (Agbo, 2012:52-53). More ex-militant Spill Detection and Response Agency leaders directly or indirectly declared (NOSDRA), media war and deceit their support for Jonathan towards the politics was used to downplay the 2015 Presidential election, and raised claimed effects of the spill (Amaize, public fear that the defeat of the Niger 2012;Umukoro, 2012). In 2015, Delta indigene in pull will not be taken however, Shell agreed to pay the lightly in the region. residents of the Bodo community in the Beyond Jonathan and Amnesty: Niger Delta US$84million (£55m) Challenges and Prospects for Peace settlement for two oil spills in 2008 and Though Jonathan received more than 90 2009. Hence, 15,600 affected fishermen per cent of the votes in the south-south reportedly received $3,300 each for and south-east, he turn out to be the first losses caused by the spills and the President of Nigeria to loss power to an remaining $30m was used for opposition party/candidate through pull. community project (BBC, 2015). Yet,he was widely commended for The Niger Delta peace process also dousing tension down and ensuring confronted a series of political peaceful transfer of powerto opposition challenges at the federal level. At the party (Adeniyi, 2017). However, the initial stage of Boko Haram crisis, President MuhammaduBuhari relatively many northern politicians equate the tough stand or appearance against group with MEND. President Jonathan corruption threatened the beneficiaries was criticised for political fatigue in of state patronage under the Jonathan criminalising the 2010 Independent Day Presidency in the Niger Delta and bombing by MEND. Prior to beyond. In view of records of 2013/2014, therefore, many from the allegations of missing funds under Northadvocated for amnesty for Boko Jonathan and contrasting economy, Haram, creation of Federal Ministry of Buhari initiated many probes in the Northern Affairs, elimination of early stage of his administration. Many derivation share of revenue to oil indicting reports were released about producing Niger-Delta to increase the past administration, and some high- allocation to less developed north, ranking officials were arrested, detained among others (Oyewole, 2013). Some and/or their assets forfeited to even criticised the idea of sending ex- government. The new administration militants for training abroad in strategic also declared its intention not to extend

69 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 amnesty programme beyond 2015, Tears‖. These were accompanied by a when it supposed to wide up, and also series of attacks/bombing of oil and gas launched probe of security contracts pipelines across the region. The militant awarded to ex-militants. In this manner, campaign further worsened the Tompolo was declared wanted by the ecological challenges in the region: the anti-corruption agency. Also, state bombing of pipelines resulted into oil patronage of ex-militants reduced with spills, gas flaring and wildfire, which the cut of Amnesty budget from N63 had negative effects on the environment billion in 2015 to N20 billion in 2016 and the health and means of livelihood (Umoru and Erunke, 2016). of many people in the affected

Against this background, several communities. The reduction in oil and individuals and groups started to gas production/supply as a result of the emerge and gain popularity in the Niger militants activities and the decline in oil Delta for their critical opinions and price in the global market, affected the advocacies against what they brand as budget of the state governments in the witch-hunting and sectionalism of the region, to the detriment of their capacity new government. More alarming, the to produce public goods.The federal relatively tough disposition of the government lost N20 billion revenue administration against subversion monthly, which is connected to the became noticeable in the militarised 2,560 cases of vandalism recorded, in war to protect oil facilities in the region. 2016. Due to attacks against gas supply Nevertheless, Nigeria recorded increase lines, the electricity supplied by the gas in attacks against oil installations, thefts power plants also dropped from of oil product and proliferations of 3,004MW in December 2015 to illegal refineries in the region in 1,715MW in December 2016 2015/2016. Amidst this, the Niger Delta (Oyewole, 2018). Also early in 2016, Avengers (NDA) announced its Angola displaced Nigeria as the existence in February 2016 and set the foremost oil producingcountry in the stage for a wave of militancy in the continent. Maritime security in the region (Onuoha, 2016). Other militant coast of Nigeria, its neighbours and the groups that emerged between February Gulf of Guinea was also affected by the and August 2016 include the Reformed resurgence of Niger Delta militancy. Egbesu Boys of the Niger Delta Pirate attacks and armed robbery (REBND), the AdakaBoro Avengers against ships in Nigeria‘s waters rose (ABV), the Joint Niger Delta Liberation from 14 in 2015 to 36 cases in 2016 (IMB, 2017). Force (JNDLF), the Niger Delta Revolutionary Crusaders (NDRC), the Against this background, the federal Niger Delta Greenland Justice Mandate government raised the level of military (NDGJM), the Asawana Deadly Force presence and security engagements in of Niger Delta (ADFNG) and the Niger the region. ―Operation Delta Safe‖ was Delta Development Movement announced by the Joint Task Force (NDDM). (JTF) in June 2016, while ―Operation

The militant movements declared a Crocodile Smile‖ was launched against series of operations codenamed militancy by the Nigerian Army in ―Operation Red Economy‖, ―Operation August 2016. A coordinated land, sea Zero Oil‖ and ―Operation Crocodile and air campaign was launched against

70 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 militants, pirates and illegal refineries. dialogues with the federal government, This led to a series of arrests and and factored into the subsequent Niger intensified search and destroy of camps Delta development plan in 2017, of occupied by armed groups.Hundreds of which its implementation is another illegal oil refineries were destroyed in subject of concern. this process. However, this did not Prominent among the federal bring the militant attacks or sabotage to government project in the Niger Delta an ends. Besides, many advocacy since 2015 involves rail and road groups emerged with a demand and construction and rehabilitation. campaign for government to employ Modular refinery policy introduced in dialogue to resolve the security early 2017 by Acting President Osibajo challenges. The rising cost of militant to create job opportunities and replace attacks also put pressure on the hawk in illegal refineries was widely applauded. government to tone down military This will help to create environmentally engagements at a middle of 2016, in friendly small scale refineries with order to give political solution a chance. safety precaution. At the same time, the Starting from July 2016, government attempt to relocate the headquarters of entered into a series of dialogues with Multinational Oil Companies to the stakeholders in the Niger Delta. The Niger Delta was also popular in the Vice-President, Prof. Yemi Osinbajo region, even though this was challenged also visited all the Niger Delta states by affected companies and it failed. and some of oil producing Though government has committed communities, and conducted a series of efforts to clean up oil spill-affected stakeholders meeting in this process. environment in the Niger Delta since Amidst these, the pan-Niger Delta 2015, the popular Ogoni clean-up has group, led by Edwin Clark, call on all suffered more delay than the militant groups in the region to expected.Despite some initiatives that cease hostilities and give further raised hope recently, the menace of dialogue a chance.Between August and corruption, poverty, inequality, youth September 2016, the group succeeded unemployment and environmental in persuading all the known militant degradation remain major challenges to groups in the region (Oyewole, 2018). the people of oil rich Niger Delta. Further dialogues have carried on root Equally, different forms of criminal causes of the regional crisis. The violence and the militarised state 2015/2016 wave of militancy like its responses in the Niger Delta region of predecessors is mainly anchored on Nigeria has remained a subject of unrealised development aspirations of national and human security debates. the Niger Delta people, despite the fast Conclusion resources that are available in the This article explored the evolution and region for the purpose. This is further recent dynamics in oil and complicated by grievances on the environmental politics, as well as its environmental challenges in the region. prospect for peace and conflict in the Amidst these, there are widespread Niger Delta region. Years of unrealised political corruption, poverty and development aspirations of the Niger inequality and youth unemployment. Delta people, and environmental crisis All these issues were raised in in relation to oil spillage and gas flaring

71 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 have encouraged resistance against the unemployment in the region. Policy on oil industries and the state in the region. modular refineries deserve sustained The manner of this resistance and state commitments in this consideration. responses have undergone the process Institutional capacity to track and of militarisation in last decades. Amidst manage environmental crisis effectively these, a series of political solutions, need to be improved. The legislature including support for zoning of need to increase its oversight on the Nigerian Presidency to the Niger Delta, Niger Delta question as it involves and policy initiatives like amnesty development, environmental and programme for militants considerably security aspiration of the people of the tame some of the crises. However, region. The court should be made more armed and criminal resistances and attractive to seek redress forland and militarised state responses remain environmental injustice. The security enduring in the Niger Delta. The level forces need to maintain adequate of political corruption, poverty, presence to guarantee security of lives inequality, unemployment and and properties, and their engagements irresponsibility in environmental should involve minimum force and management in the oil producing region highest respect for the fundamental have continued to encourage anti-state human rights of all the citizens in their resistances through political and areas of responsibility (AOR).The criminal means. More alarming, the security forces also need to be well crisis endured amidst a series of integrated into disaster management military campaigns and the attending strategy in the region.More inclusive human rights abuses in the region. decision-making and implementation

Against this background, there is a need process will encourage understanding for the federal government to commit among stakeholders, and more sustainable efforts to enhance human transparent distribution and utility of oil development and security. It is wealth will promote public confidence. imperative to invest in infrastructural These will address some of the root facilities and human capacity building, causes of the crisis and increase the and encourage local initiatives and prospects of sustainable peace in the small scale businesses to reduce youth region.

References Agbo, A. (2012). The President‘s Aborisade, F.(2010). Petro-capitalism, Dilemma. Tell, 20 August, pp.48- Neo-liberalism, Labour and 54. Community Mobilisation in Agbonifo, J. (2011). Territorialising Nigeria. Nigerian Journal of Niger Delta conflicts: place and Industrial Relations, 11: pp.75- contentious mobilisation. 95. Interface: a journal for and about Adeniyi, O. 2017. Against the Run of social movements, 3(1): pp.240- Play: How an Incumbent 265. President was defeated in Aghalino, S.O. (2006). Niger Delta Nigeria. Lagos: Prestige. Region and the Struggle for Resource Control: Implications for the Nascent Democracy. In

72 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

Ojo, E. (Ed.), Challenges of Nigeria Country Study. Conflict, Sustainable Democracy in Security and Development Group Nigeria. Ibadan: John Archers (CSDG) Paper, No. 2. (Publishers) Limited. Ibeanu, O. (2000). Oiling the Friction: Aghalino, S.O. (2009). Corporate The Environmental Conflict Response to Environmental Management in Niger Delta, Deterioration in the Oil Bearing Nigeria. Environmental Change Area of the Niger Delta, Nigeria, and Security Management 1984–2002. Journal of Report, Issue 6: pp.19-32. Sustainable Development in IMB (International Maritime Bureau). Africa, 11(2): pp.281-294. 2017. Piracy and Armed Robbery Aghalino, S.O. (2011). Oil and Cultural against Ships: Reports for the Crisis: The Case of the Niger Period of 1 January – 31 Delta. Africana, 5(1): pp.1-21. December 2016. London: ICC Amaize, E. 2012. Six Months after IMB. Bonga Spill: Oil Community Still Joab-Peterside, S. (2005). On the Grumbling (1 &2). Vanguard Militarisation of Nigeria‘s Niger (Special Report), 19 &20 July. Delta: The Genesis of Ethnic Amuwo K., Agbaje A., Suberu R. and militia in Rivers State. Journal of Herault G. (Ed.). (1998). the Centre for Ethnic and Conflict Federalism and Political Studies, 1(2): pp.30-51. Restructuring in Nigeria. Ibadan: Maiangwa, B. and D.E. Agbiboa. 2013. Spectrum Books Limited. ―Oil Multinational Corporations, Barnes, S. (2005). Global Flows: Environmental Irresponsibility Terror, Oil, and Strategic and Turbulent Peace in the Niger Philanthropy. African Studies Delta,‖ Africa Spectrum, 2: 71- Review, 48(1): pp.1–23. 83. BBC. 2015. Shell agrees $84m deal Maier K. (2000). This House Has over Niger Delta oil spill, BBC Fallen: Nigeria in Crisis. London: News, January 7. Penguin Books. Chukuezi, C.O. (2009). Poverty and NNPC (2017). ―Nigerian Crude oil Youth Restiveness in Nigeria: production hits 2.7 million barrels Implications for National as NNPC Benue pledge to Development. Ozean Journal of resuscitate Markurdi depot.‖ Social Science, 2(2): pp.97-103. 24November. Collier, P. (2010). Wars, Guns and http://www.nnpcgroup.com/Publi Votes: Democracy in Dangerous cRelations/NNPCinthenews/tabid Places. New York: Harpercollins /92/articleType/ArticleView/articl Publishers. eId/380/Nigerian-Crude-Oil- Eberly, D. (2008). Global Corporate Production-Hits-27-Million- Citizenship: The New Era of Barrels-As-NNPC-Benue-Pledge- Opportunity. Zenith Economic to-Resuscitate-Makurdi- Quarterly, l.3(3): pp.47-54. Depot.aspx Ibeanu, O and Momoh, A. (2008). State NNPC. 1999-2015. Annual Statistical Responsiveness to Public Bulletin 1999-2015. Nigerian Security Needs: The Politics of National Petroleum Corporation Security Decision-Making (NNPC).

73 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

Obi, C. and Rustad, S (eds). 2011. Oil of Nigeria‘. Voluntas 19(2): and insurgency in the Niger pp.189-210. Delta: Managing the complex Oyewole, S. 2013. ―Boko Haram and politics of petroviolence. London the challenges of Nigeria‘s war and New York: Zed Books. on terror,‖ Defense and Security Odunlami, Temitayo.2012. ―Tompolo: Analysis, 29(3), 253-262. The billionaire militant,‖ Sahara Oyewole, S. 2015. ―Pirate sanctuary Reporters, Aug 16. and the political economy of Offiong, O.J &Cocodial, O. piracy in the Gulf of Guinea,‖ (2011).Charting Pathways to MSc. dissertation, University of Development in the Riverine Ilorin, Nigeria. Areas of the Niger Delta Region. Oyewole, S. 2016a. ―The Fate of Africana, 5(1): pp.164-188. Hostages: Nigeria‘s Conflict Oketa, C. and Tobi, A. (2001). Oil and Theatres in Comparative the Nigerian State. In Adefulu, R. Perspective,‖ African Security and Olaitan, W.A. (Ed.), Issues in Review, 25(2): 193-207. Nigerian Government and Oyewole, S. 2016b. ―Suppressing Politics. Ago-Iwoye: Rad Maritime Piracy in the Gulf of Consultancy. Guinea: The Prospects and Omotola, S. (2006). The Next Gulf? Oil Challenges of the Regional Politics, Environmental Players,‖ Australian Journal of Apocalypse And Rising Tension Maritime and Ocean Affairs, In The Niger Delta. Occasional 8(2): 132-146. Paper Series 1(3)(Duban: Oyewole, S. 2018. ―The Urhobo ACCORD). Militant Movements and the Omotola, S. (2009). Dissent and State Contentious Ijaw Domination of Excesses in the Niger Delta, the Niger Delta Struggle,‖ in Nigeria. Studies in Conflict & Cyril Obi and TemitopeOriola Terrorism, 32(2): pp.129–145. (eds), The Unfinished Revolution Onuoha, F. 2009. ―Why the poor pay in Nigeria‘s Niger Delta: with their lives: Oil pipeline Prospects for Socio-Economic vandalisation, fires and human and Environmental Justice and security in Nigeria,‖ Disasters, Peace. London and New York: 33(3): 369-389. Routledge. Onuoha, F. C. (2016). Reports on the Sampson, I. (2009). Niger Delta resurgence of militancy in Militancy and Challenges of Nigeria‘s oil-rich Niger Delta and Criminalising Terrorism in the dangers of militarisation. Nigeria. African Security Doha. Retrieved from Review, 18(2): pp. 28-4. http://studies.aljazeera.net/mritem Tamuno, T. 2011. Oil War in the Niger s/Documents/2016/6/8/a3c78be90 Delta 1849-2009, (Ibadan: 51f4d48a6dea17d654312ec_100. Stirling-Horden Publishers Ltd. pdf This Day. 2013. ―Oil Theft: So Why Osaghae, E. (2008). ‗Social Movements was Tompolo Paid N15 Billion?‖ and Rights Claims: The Case of June 29. Action Groups in the Niger Delta Ukeje, C. (2001). Youths, Violence and the Collapse of Public Order in

74 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

the Niger Delta. African Umoru, H. and Erunke, J. 2016. Development, XXVI(1&2), ―Presidency raises alarm over pp.337-366. N20bn budget for Amnesty Ukeje, C. (2001). Youths, Violence and Programme,‖ Vanguard, February the Collapse of Public Order in 10. the Niger Delta. African Umukoro, A., 2012. Spilling a Development, XXVI(1&2), Controversy, Tell, January 23, pp. pp.337-366. 8-9. Ukiwo, U. 2007. ‗From "Pirates" to Usodike, U. &Isike, C. (2009). ―Whose "Militants": A Historical security? Understanding the Perspective on Anti-State and Niger Delta crisis as a clash of Anti-Oil Company Mobilization two security conceptions‖. among the Ijaw of Warri, African Security Review, 18(3), Western Niger Delta,‘ African pp.103-116 Affairs,106(425): pp. 587-610.

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Covenant University Journal of Politics & Internationall Affair. Vol. 6 No. 1, June 2018

An Open Access Journal Available Online

Terrorism and Conflict-Related Sexual Violence in Africa: Northeastern Nigeria in Focus

Nanna Lord-Mallam Ph.D1. & Adejoh Sunday2

1Department of Political Science and Defence Studies Nigerian Defence Academy, Kaduna State, Nigeria 2Department of Political Science and Diplomacy Veritas University, Abuja, Nigeria

Abstract: The emergence of Boko Haram terrorist organization and its subsequent activities in Nigeria posed egregious security challenges not only to Nigeria but several other countries within Sub-Saharan Africa especially Cameroon, Chad and Niger which are contiguous to Nigeria. The conflict oriented and violent nature of Boko Haram became manifest in 2009 and from then, Nigeria has been battling with this security threat and challenges precipitated by Boko Haram. Terrorism and conflicts are usually characterized with wanton loss of lives and properties,sexual violations and abuses (SEA), refugee‘s crisis, Internally Displayed Persons and other forms of humanitarian crisis. It is based on the foregoing that this work attempts to investigate and interrogate the relationships between Boko Haram terrorism and conflict-related sexual violence/exploitation in North Eastern Nigeria with a view to examining and ascertaining the factors that propelled this phenomenon. It is the position of this paper that rape, sexual slavery, forced prostitution, forced pregnancy, forced abortion, enforced sterilization, forced marriage, and any other form of sexual violence used by Boko Haram is a violation of Human Rights. The paper further argued that Boko Haram conflict related-sexual violence/exploitation is not only perpetuated by Boko Haram as the Military, Police, Civilian JTF and some staff of NGOs are also perpetuators. Women are sexually violated by soldiers in the process of countering terrorism. Sex is offered in exchange for protection and relief materials. This research relied on secondary materials and Robert K

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Merton‘s theory of Anomie as tool for analysis. In the final analysis it recommends among others the need to include sexual violence in Nigeria‘s Terrorism Prevention (Amendment) Act, 2013, so as to criminalize rapewhich furthers the ends of terrorist groups. Keywords: Boko Haram, Conflict, Forced Marriage, Sexual Violence/ Exploitation, Terrorism

Introduction of in-kind compensation or payment to The history of acts of sexual violence fighters, who are then entitled to resell against women committed during wars or exploit them as they wish. The past and conflicts is as old as the history of year has also seen the use of women war. As in the case of rape generally, and girls held in sexual slavery as this form of sexual violence is human shields and suicide bombers, subsumed in a conspiratorial culture of denoting their status as expendable silence: The victims do not want to talk ―resources‖ in the machinery of about it, while society pretends that it terrorism. In the context of mass does not exist. The result of this migration, women and children affected conspiracy of silence is manifested in by conflict, displacement or violent the low record of prosecution and extremism are particularly at risk of conviction of men who sexually assault falling prey to traffickers owing to the women in conflict situations. The collapse of protective political, legal, global upsurge in terrorism has led to economic and social systems (United increasing reports of acts of sexual Nations, 2017). violence committed against women by Over time, countries in sub-Saharan members of various terrorist Africa have been faced with myriads of organizations (United Nations, 2016). security challenges, ranging from

Sexual violence continued to be militancy, ethno-religious crisis, employed as a tactic of war, with political conflict, human and drug widespread and strategic rapes, trafficking, to trans-border crimes. In including mass rapes, allegedly recent times however, terrorism and committed by several parties to armed insurgency have become a major conflict, mostly in conjunction with security threat to the sovereignty of other crimes such as killing, looting, these countries, particularly the threat pillage, forced displacement and of Boko Haram in the Northeast of arbitrary detention. The strategic nature Nigeria and countries of the Lake Chad of the violence was evident in the region; hence the formation of the selective targeting of victims from Multi- National Joint Task Force as a opposing ethnic, religious or political military alliance to combat terrorism groups, mirroring the fault lines of the (Tar and Adejoh, 2017). This has wider conflict or crisis. Patterns of stimulated attempts by scholars in sexual violence have also been seen in several fields and most especially in the context of urban warfare, during social science to x-ray and interrogate house searches, operations in residential the phenomenon of Boko Haram areas and at checkpoint (UN, 2017) terrorism in Nigeria in relations to its impact on national and international In some circumstances, women and security; it impact on trans-national girls are themselves treated as the ―wages of war‖, being gifted as a form

77 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 trade and its impact on economic and well. We sometimes hear a lot of educational development in Nigeria. talk about terrorism as if it were a monolithic, easily under- stood However, the need to examine the term, but it is really the opposite. sexuality of terrorism as manifested in Terrorism is a complex issue that the activities of Boko Haram is the push has been studied and debated for and pull factor for this paper. Sexual several decades. In fact, there are molestation and forced marriage has dozens of competing definitions become one major strategy used by of the term, not only among Boko Haram against female victims. scholars but among policymakers This accounts for the reasons why some and government agencies as well. of the released Chibok schoolgirls came But one thing holds constant— back either with pregnancy or with terrorist attacks do not occur in a vacuum, but are instead a product children. Apart from the Chibok girls, of complex interactions between there several unaccounted cases of individuals, organizations, and sexual exploitation by Boko Haram. It environments (Forest, 2010:23). is based on the forgoing that this paper There are many different kinds of attempts to investigate and interrogate terrorism, defined primarily by Boko Haram and conflict-related sexual ideological orientations like ethno- violence in North Eastern Nigeria. nationalism, left-wing, religious, and so Theoretical and Conceptual forth. And just like there are many Perspectives different kinds of terrorism, there are The concept of terrorism is plethora and many different kinds of contexts in omnibus in nature. Scholars in the fields which terrorism occurs. Within each of social sciences and other related context, we find a variety of grievances fields of study have tried to that motivate the terrorist group and its conceptualize it. The concept supporters, along with things that ―Terrorism‖ is a very difficult one to facilitate terrorist activities (Forest, pin down to a strait-jacket definition 2010:23). essentially because the term or concept Shedding more light on the nature of has come to refer to a gamut of inter- and context within which terrorism locking variables and trends so much so occurs vis-à-vis the galaxies of factors that once the term is mentioned, it that precipitate terrorism, Hoffman evokes a lot of passion and emotion. (2006) claimed that: The difficulty in defining ―terrorism‖ is in agreeing on a basis for determining Within each context, we find a variety of grievances that motivate when the use of violence (directed at the terrorist group and its whom, by whom, for what ends) is supporters, along with things that legitimate. These perceptions are at facilitate terrorist activities. From once geographical, ideological and decades of research on these academic (Buba, 2015). grievances and facilitators, two This view was corroborated by Forest primary themes appear most (2010:23) when he asserts that: salient for this research monograph

Terrorism is a highly contextual on Boko Haram: preconditions, or phenomenon. Indeed, the old ―things that exist,‖ and triggers, or maxim that ―all politics is local‖ ―things that happen‖ (Hoffman, 2006:40). holds true for political violence as

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Terrorism is a method of combat in forms of violence undermines peace which random or symbolic victims and security and shatters community serve as instrumental target[s] of and family ties. The prevention of violence. These instrumental victims sexual violence must remain one of our share group or class characteristics highest priorities. Closely associated which form the basis for their selection with sexual violence is sexual for victimization. Through previous use exploitation‖ and ―sexual abuse (SEA). of violence or the credible threat of These terms ―sexual exploitation‖ and violence other members of that group or ―sexual abuse‖ are used to distinguish class are put in a state of chronic fear those who are physically forced to have (terror). This group or class, whose sex and those who are coerced into it members‘ sense of security is owing to a lack of alternative survival purposively undermined, is the target of tactics or through ignorance of their terror. The victimization of the target of rights. ―sexual exploitation‖ is defined violence is considered extra-normal by as ―any actual or attempted abuse of a most observers from the witnessing position of vulnerability, differential audience on the basis of its atrocity; the power, or trust for sexual purposes, time (e.g. peacetime) or place (not a including, but not limited to, profiting battlefield) of victimization or the monetarily, socially or politically from disregard for rules of combat accepted the sexual exploitation of another‖ and in conventional warfare… (Schmidcited ―sexual abuse‖ as ―the actual or in Adejoh, 2018). threatened physical intrusion of a sexual

Bruce Hoffman notes, terrorism is ―the nature, whether by force or under deliberate creation and exploitation of unequal or coercive conditions‖ (United Nations, 2005). fear through violence or the threat of violence in the pursuit of political The term ―conflict-related sexual change . . . [and] to create power where violence‖, as used in the 2017 Annual there is none or to consolidate power Report of the Secretary-General on where there is very little.‖11 Conflict-related Sexual Violence, refers

According to Ganor (2008), terrorism is to rape, sexual slavery, forced the intentional use of, or threat to use prostitution, forced pregnancy, forced violence against civilians or ‗Terrorism abortion, enforced sterilization, forced is the intentional use of, or threat to use marriage, and any other form of sexual violence against civilians or against violence of comparable gravity civilian targets, in order to attain perpetrated against women, men, girls political aims. Both Laquer and Ganor or boys that is directly or indirectly have similar perception of terrorism linked to a conflict. This link may be looking at it from the angle of threat evident in the profile of the perpetrator and violence. (often affiliated with a State or non- State armed group, including a terrorist United Nations Secretary General, entity or network), the profile of the Guterres (2017)conceptualizes sexual victim (who is frequently an actual or violence is a brutal form of physical and perceived member of a persecuted psychological warfare rooted in the political, ethnic or religious minority, or gender inequality extant not only in is targeted on the basis of actual or zones of conflict, but in our everyday perceived sexual orientation and gender personal lives. The persistence of such

79 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 identity), the climate of impunity behaviour are inadequate to explain (which is generally associated with social reality and that, instead, State collapse), cross-border structural conditions should be consequences (such as displacement or considered as inducing deviation from trafficking in persons) and/ or violations prescribed patterns of conduct. Anomie of the provisions of a ceasefire is a sort of psychological ―state of agreement. The term also encompasses confusion‖ in which an individual trafficking in persons when committed observes a conflict between the in situations of conflict for the purpose prescribed and commonplace social of sexual violence/exploitation. goals and the culturally-acceptable,

Theoretical Framework ―legitimate‖ ways to pursue those goals (Gomme, 2007). This work adopts Robert K. Merton‘s theory of deviance.Like many Merton (1938) delineates five sociologists and criminologists, Robert adaptations that would occur, when an Merton was interested in explaining the individual realizes that not everyone root of social deviance; however, unlike can achieve the American dream of most theorists, who posited that crime equal opportunity for economic and deviance arise from individual success: The conformist accepts the causes (such as a biological ―defect‖) goals of society and the means of (Cullen & Agnew, 2006), Merton achieving them, such as a college argued that certain groups participate in student; the innovator accepts the goals criminal behaviour because they are of society, but rejects the means of ―responding normally to the social achieving them, such as a drug dealer; situation in which they find themselves‖ the retreatist gives up on both the goals (Tierney, 2006). His theory of the five and means, and withdraws from society, personal adaptations to anomie, also such as an alcoholic; the ritualist rejects known as ―strain theory‖, arose from the goals and accepts the means, such the earlier sociological theory of as a person who has given up on a anomie developed by Emile Durkheim promotion, nice car, and punching the (Gomme, 2007). time clock to keep what he has; and the

Borrowing a term sociologically rebellion type refers to one who rejects introduced by Durkheim (1893, 1984), both the goals and means of society, Merton adopts the anomie concept as and wants to replace them with new part of his effort to suggest that goals and means, such as a militant biological explanations of deviant (Merton, 1938).

Five adaptations of Merton‗s strain theory

Modes of Adaptation Culture Goals Institutionalized Means I. Conformity + + II. Innovation + - III. Ritualism - + IV. Retreatism - - V. Rebellion ± ±

(Merton, 1938).

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Matrix of Theoretical Framework

THEORY SUBSTANCE/ TENETS CRITIQUE/WEAKNESSES i. This theory arose from the i. Merton‘s seems to have presented earlier sociological two different theories( strain theory of anomie and Anomie) with our clearly developed by Emile showing their differences Durkheim ii. In addition to the fact that Merton has not ii. groups participate in always differentiated clearly between criminal behaviour anomie and strain, these theoretical because they are components have not always been very ―responding normally well distinguished in the secondary to the social situation literature.

in which they find iii. The concept of anomie was themselves borrowed from Durkheim‘s iii. that biological explanations Anomie yet its usage and of deviant behaviour applications by Merton are inadequate to contradicts that of Durkheim explain social reality The conceptual ambiguity Robert K and that, instead, over Merton‘s anomie Merton‘s Theory structural conditions concept is at least partly a of Anomie should be considered result of Merton‘s own as inducing deviation inconsistent use of the term from prescribed which has led to conceptual patterns of conduct cloudiness iv. crime and deviance are caused by an imbalance in social order, when individuals utilize the most efficient and convenient means, including crime, to achieve their goals v. The theory is based on five adaptions which includes: Conformity, Innovation, Ritualism, Retreatism, Rebellion

Source: compiled by Adejoh (2018).

In insight into the rebellion type of system and structure in Nigeria hence adaptation clearly shows that the Boko their quest to put in place their own Haram terrorist group and their system by establishing an Islamic activities is a rebellion against the caliphate through means that are Nigeria state. As it was mentioned considered illegitimate by all legal earlier, the theory proposes that standards in Nigeria (Adejoh, 2018). disjuncture of the institutional means Cases of Boko Haram-related sexual and culturally approved goals create violence clearly show that the group is a strain, which is the basic reason for non-conformist group. They are non- high rates of crime. Terrorists also conformist because they are against reject the cultural goals and the idea of societal principles of goal attainment. In attaining them with legitimate means. fact their goals are dialectically opposed Then, they develop their own goals and to that of the state. Sexual violence illegitimate means. The Boko Haram which is one of the means and tactics of terrorist groups in Nigeria are rebellious Boko Haram also contradicts the groups who rebel against the entire state constitution which is the law of the

81 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 land. Sexual violence is a violation of fundamental Islamist sect, formed in human rights as contained in both 2002 in Maiduguri, capital of Borno municipal and international law yet state by Mohammed Yusuf.

Boko Haram employs it as a strategy. Though the group first became known These clearly justify them as a internationally following sectarian rebellious and non-conformist group. violence in Nigeria in 2009, it does not Any group that carries arms against the have a clear structure or evident chain state and its ideologies contradicts that of command. It has, however, been of the state is not only rebellious but severally alleged that the group has also non-conformist. links with several terrorist networks Boko Haram and Conflict-Related such as Al-Qaeda, Hezbolla, Taliban Sexual Violence in North-Eastern etcBoko Haram has posed a lot of Nigeria security threat nationally and Jama'atuAhlisSunnaLidda'awatiWal- internationally bearing in mind the Jihad which in English means ―People spread of its activities to states such as Committed to the Propagation of the Cameroon, Niger and Chad. There have Prophet's Teachings and Jihad. The been series of human rights violations group which is popularly known by its by Boko Haram manifested in the forms Hausa name ‗Boko Haram‘ was a local of destructions of lives and properties, radical Salafist group which kidnappings, detentions, force transformed into a Salafi-jihadist marriages etc. in addition to these is the terrorist organization after 2009. It is issue of sexual violence/ exploitations based in the northeast of Nigeria, in the that has characterized the activities of areas predominated by the Kanuri this terrorist group.Sexual violence is people. Loosely translated from the both a tactic of war and a tactic of local Hausa language, Boko Haram terrorism and this tactic have been means, ‗Western education or manifested and are associated with most civilization is forbidden.‘ Put terrorist organizations. Sexual violence differently, ‗Western education or has variously been described as ‗one of civilization is a sin. the most horrific weapons of war, an

There are divergent views and conflict instrument of terror used against women (Storr, 2016). in the literature as to the actual date of origin and formation as well as the This and some other factors precipitated leadership of the Boko Haram sect. the UN Secretary‘s Annual Report on Alozieuwa (2012) documented that the conflict-related sexual confusion not only reflects in the violence.Terrorists have also realized narratives about the exact date, and who that rape can be used effectively as a the actual founder was, but also as to weapon of terror, without attracting any the true source of these expositions. legal penalty, even in the midst of ‗According to Ekwueme (2011), the existing laws which criminalize and group came into existence in the 1960s prescribe penalties for rape, as is the but only started to draw attention in case in Nigeria. In examining the 2002. This view tallies with Imasuen‘s, relationship between terrorism and 2015; Okpaga, Ugwu and Eme, 2012; sexual violence, the United Nations Eme and Onyishi, 2014 who states thus: maintained that Boko Haram is a

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The effect of sexual violence employed sexual terrorism in its employed as a tactic of war or campaign of terror against the terrorism is to spread fear among Nigerian state and its people. the civilian population, with a Boko Haram has since 2013 range of economic consequences, embraced this tactic, which has including facilitating the capture led to the abduction of hundreds of land and property by forcibly of women and girls, the most displacing residents, with high outrageous being the abduction of levels of sexual violence seen 276 ‗Chibok girls‘ that has during flight and in displacement attracted global concern

settings. In addition, this fear Shedding more light on this restricts women‘s freedom of phenomenon Nossiter (2015:6) claimed movement to continue vital that: economic activities. The suppression of women‘s This group has embarked on the employment and education deliberate use of sexual violence increases their risk of being against women as one of its exposed to sexual violence, tactics in the terror campaign whereas economically against the Nigerian state. The empowered women have been sexual violence which humiliates shown to provide a buffer against the Nigerian state and its people the recruitment and radicalization and also destroys the social fabric of their children and other family of society, where a high premium members and thus against is placed on the chastity of its widening and repeating cycles of women, has had a devastating violence. Livelihood support and impact on the victims – structurally transformative physically as well as reparations can help to break the psychologically. While some of cyclical connection between the women rescued from the poverty and sexual violence. camps of Boko Haram militants However, despite being the have tested positive for HIV, measures that survivors majority of the rescued women themselves most often demand, were found to be pregnant.

they are precisely those least seen In an attempt to further analyze and in responses to date (United examine the relationship between Boko Nation, 2017:7). Haram and sexual exploitation in North Attah (2016:385) corroborated the Eastern Nigeria vis a vis the effort of above view by domesticating it within the state to counter Boko Haram, the the context of Boko Haram in Nigeria 2017 eighth Annual Report of the when he says: Secretary-General on Conflict-related

Over the centuries rape has been Sexual Violence, states that:

used effectively by terrorist Despite military gains made groups as a weapon of terror. In against Boko Haram, women and this context, women‘s bodies are girls remain exposed to the risk of used by terrorists as sexual violence and other crimes, battlegrounds, serving the dual including being used as suicide purpose of spoils of war and a bombers. Efforts led by the means of terrorising the populace. Government to secure the release The Nigerian fundamentalist of the girls abducted from Chibok group, Boko Haram, has and others held in captivity

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continued in 2016. Hundreds that since sexual violence is manifested managed to escape or were in conflict situations especially because rescued, with many returning of male dominance of War and pregnant or with babies, some conflicts, it is possible that sex abuse by having contracted HIV. Their Boko Haram is a way to ease tension, accounts corroborate information received about forced marriage, satisfy sexual desires and molest their forced pregnancy and sexual victims. Sexual violence during slavery by Boko Haram. Those conflicts and wars historically evolved living in Boko Haram-controlled from the practice in ancient times when areas that were compelled to women were regarded as part of the marry insurgents face acute ‗spoils of war‘ to which soldiers are stigma and discrimination. entitled (United Nations, 2016). A Additional concerns have been dialectical view to the above is the raised when women and children school that sees sexual violence by released from Boko Haram are Boko Haram as a strategy for recreation held for prolonged periods by the national security forces for and perpetuity of their mission, vision and ideology. screening and detention, often on the grounds that they were This perspective tallies with Nossiter‘s married to fighters. Children born (2015) when he posits that:

to abducted women and girls face The general opinion regarding the ostracism and guilt by high number of pregnancies association. While religious and among the rescued female victims traditional leaders have become of Boko Haram‘s sexual terrorism increasingly open to accepting is that these pregnancies resulted these women and children, many from a deliberate plan by Boko displaced communities remain Haram to ensure that the women deeply distrustful of returnees produce offspring that will (United Nations, 2017:12). continue the insurgency. This Awosusi and Ogundan (2016) were of viewpoint has been expressed at the opinion that one may never know various fora by government the full extent of the sexual violence officials and individuals who unleashed on Nigerian women by point at the organised nature of members of the Boko Haram terrorist Boko Haram‘s sexual violence‘ group, due to the prevailing culture of which ‗appeared to point to a deliberate self-perpetuation plan. silence on matters relating to rape in Nigeria. Most victims are not willing to United Nations News Centre (2016) talk about their ordeal because of a fear captures ZainabBangura, Special of stigmatization by other members of Representative of the Secretary-General society. of the United Nations on Sexual Violence in Conflict when she says: Even though it is an established fact that sexual violence/exploitation is one I am appalled by reports that hundreds of the recently released major tactics and strategy used by Boko female captives were repeatedly Haram, it is also possible to ask this raped by Boko Haram militias question ‗to what end‘ is sexual and compelled to ‗marry‘ their violence employed? There are captors. In order to give rise to a contending perspectives on the above new generation raised in their question. Some school of thought feel own image, they (Boko Haram

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militants) are waging war on thereby taking advantage of their women‘s physical, sexual and vulnerability. This scenario is reproductive autonomy and manifested both in the cause of counter rights. terrorism and in Internally Displays An examination of the entire socio- Person‘s Camp (IDPs) where sex is economic and political architecture of exchanged for food and for protection. the North East in relations to the The vulnerablevictims are manipulated standard and quality of lives shows a by Soldiers, Police men other non-states serious shortfall in Human actors to get free and cheap sex in Development Index. Apart from a exchange for food and other materials geometric increase in population and being shared in the camps. arithmetic increase in food supply, In late July, 2016, Human Rights Watch Nigerians in North East lack basic documented sexual abuse, including infrastructures and amenities that can rape and exploitation, of 43 women and enhance the quality of life in addition to girls living in seven internally displaced the high degree of illiteracy (Adejoh, persons (IDP) camps in Maiduguri, the 2018). No wonder the UN Secretary Borno State capital. The victims had General‘s Report linked sexual violence been displaced from several Borno to economic security when it states that: towns and villages, including Abadam, There is a demonstrated link Bama, Baga, Damasak, Dikwa, between economic security and GamboruNgala, Gwoza, Kukawa, and autonomy, and physical security Walassa. In some cases, the victims had and autonomy. The present report finds that the vast majority of arrived in the under-served Maiduguri victims of conflict-related sexual camps, where their movement is violence come from severely restricted after spending marginalized, destitute and often months in military screening camps displaced communities. Cross- (HRW, 2018).

national patterns show a strong Human Rights Watch (2016) further correlation between economic claimed that: desperation and exposure to sexual violence/exploitation, Government officials and other including trafficking, forced authorities in Nigeria have raped prostitution, and resort to harmful and sexually exploited women coping mechanisms, such as child and girls displaced by the conflict marriage (United Nations, with Boko Haram. The 2017:5). government is not doing enough to protect displaced women and It is very apt to point out here that girls and ensure that they have conflict related-violence in North access to basic rights and services Eastern Nigeria is not only perpetuated or to sanction the abusers, who by Boko Haram as Security personnel include camp leaders, vigilante (Soldiers and Police men), Civilian groups, policemen, and soldiers.

Joint Task Force (CJTF) and civil Irregular supplies of food, clothing, Societies Organizations (CSOs) and medicine, and other essentials, along some NGOs have also taken with restricted movement in the IDP opportunity of their offices to sexually camps in Maiduguri, compounds the abuse victims of terrorism that they are vulnerability of victims – many of them supposed to guarantee their safety widowed women and unaccompanied

85 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018 orphaned girls – to rape and sexual masculine nature of conflict, they are exploitation by camp officials, soldiers, also victims of conflict-related sexual police, members of civilian vigilante violence and exploitations. An groups, and other Maiduguri residents. examination of the nature and activities

It was in respect to the above that the of Boko Haram terrorism shows its Inspector General of Police, Ibrahim implications for national and regional Idris, set up a special investigation team security; the paper concludes that Boko to immediately probe all cases of Haram conflict has brought about high alleged sexual abuses, exploitation, rate of political instability and socio- harassments, gender-based violence and economic dislocation in the North East. professional misconduct on Internally It also maintains that sexual violence is Displaced Persons, IDPs, in some a strategy used by Boko Haram to North-East states.A statement from ensure continuity and perpetuity of the Force Headquarters by Force Public organization against the will of their Relations Officer, DCP Don Awunah, victims. said: i. There is need for the Nigerian

The IGP, who is irrevocably government and the parties that committed to the protection of all make-up the Multi-National Joint Nigerians, especially vulnerable Task Force to be more committed group such as internally-displaced in the fight against Boko Haram; persons, IDPs, has expressed ii. There is the need for government to concern over the submissions in ensure accountability for sexual the report and has directed the violence crimes, improve service Special Investigation Panel to delivery and enhance protection carry out a discreet and unbiased measures both in communities and investigation into all the cases of in settings where women and girls abuse and misconduct alleged in the report. ―However, the IGP seek refuge; called on Human Rights Watch iii. Socioeconomic reintegration officials to avail the team more support should be provided to facts that will assist investigation women and girls returning from into the alleged 43 cases Boko Haram captivity, who should mentioned in the report be considered victims, not (https://www.vanguardngr.com/2 affiliates; 016/11/hrw-report-ig-raises-team- iv. Government should ensure that probe-sexual-abuse-idps). security personnel engaged in Over a year that the investigation sexual violence are adequately committee was setup Nigerians still sanctioned to serve as deterrence; skeptically awaits the findings and v. The Terrorism Prevention report of the committee even though (Amendment) Act, 2013 is silent Nigerians have lost confidence in the about rape and other forms of state especially whenever probe or fact conflict-related sexual violence finding committees are set up. hence the need for further Conclusion and Recommendations amendment; Women and children are usually the vi. There is an argent need to educate most affected victims of terrorism and security agencies involved in other forms of conflicts. Apart from counter terrorism and conflict being victims of war because of the resolutions the implications of

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conflict-related sexual violence image and integrity of the force. both on the victims and on the

References Durkheim, E. (1915).The Elementary Adejoh, S. (2018).Terrorism and Forms of the Religious Life. Islamophobia in Nigeria: London: Trans. J. W. Swain. implications for National Security Forest, J.F. (2010) ―Terrorism as a Being an unpublished PhD thesis Product of Choices and submitted to the Department of Perceptions,‖ in Terrorizing Political Science and Defence Ourselves in Benjamin H. F, Jim H, Studies, Nigerian Defence and Christopher A P Academy, Kaduna. (eds).Washington, DC: Cato Alozieuwa, S.H.O (2012).Contending Institute, 2010), 23-44. Theories on Nigeria‘s Security Gomme, I .M (2007).the Shadow Line: Challenge in the Era of Boko Deviance and Crime in Canada. Haram Insurgency.The Peace and Toronto: Thomson Nelson. Conflict Review. Volume 7, Issue 1 Hoffman, B (2006) Inside Terrorism - ISSN:1659- (Revised Edition). New York: 3995.ttp://www.review.upeace.org/i Columbia University Press, 2006), ndex.cfm?opcion=0&ejemplar=24 pp. 40-41. &entrada=128 Human Right Watch (2016).Nigeria: Attah, E. C (2016).Boko Haram and Officials Abusing Displaced sexual terrorism: The conspiracy of Women, Girls Retrieved silence of the Nigerian anti- from:https://www.hrw.org/news/20 terrorism laws. African Human 16/10/31/nigeria-officials-abusing- Rights Law Journal 385-406 displaced-women-girls http://dx.doi.org/10.17159/1996- Imrana A. Buba (2015) Terrorism and 2096/2016/v16n2a4 Rape In Nigeria: A Cry For Justice Awosusi, A.O &Ogundana, C.F Arabian Journal of Business and (2016).Culture of silence and wave Management Review (OMAN of sexual violence in Nigeria‘ Chapter) Vol. 4, No.11; 1-12 American Association for Science Kerlinger, F.N (1977).Foundations of and Technology Journal of Behavioural Research. New York: Education, http:/ Holt, Rinehart and Winston /www.aascit.org/journal/education Kirby, P. (2012).Rethinking war/rape 34 (accessed 17 September 2017) feminism: Critical explanation and Brownmiller, S. (1975).Against our the study of wartime sexual will: Men, Women and Rape. New violence, with special reference to York: Simon Schuster the Eastern Democratic Republic of Cullen, F. T and Robert, A (2006) Congo‘ unpublished PhD thesis, (eds).Criminological Theory: Past London School of Economics, 2012 to Present. Los Angeles: Roxbury 2, http:// Company. 45-59. etheses.lse.ac.uk/586/1/kirby-paul- Durkheim, E. (1893).The Division of 2012-rethinking-warrape-thesis.pdf Labor in Society. New York: The (accessed 12 August 2017). Free Press

87 Covenant University Journal of Politics & International Affairs (CUJPIA) Vol. 6 No. 1, June 2018

Lambert, J(1990).Terrorism and CF6E4FF96FF9%7D/s_2016_361. Hostages in International Law. pdf (accessed 12 September 2016). Cambridge: Grotius Publications. Schmid,A. (1983). Political terrorism: Laqueur, W. (1986.).Reflections on A research guide to the concepts, Terrorism.Foreign Affairs Vol.64, theories, databases and literature. No.5, pp. 88-112. New Brunswick: Transaction Mallison, W andMallison, S (1978). Books ‗The Concept of Public Purpose Singer, D. (1963). Inter –nation Terror in international law: Influence: A Formal Model. Doctrines and sanctions to reduce American Political Science Review, the Destruction of Human and Vol.57, No.2, pp. 420-430 Material Values‘. Howard Law Tar, A.U and Adejoh, S (2017) Military Journal Vol.18, No.12, pp.64-81 Alliance and Counter-Terrorism in Merton, R (1938).Social Structure and Sub- Saharan Africa: The Multi- Anomie.American sociological National Joint Task Force in Review Vol. 3, No.5, pp. 672-684 Perspective.Covenant University Merton, R. K (1968).Social Theory and Journal of Politics & International Social Structure. New York: The Affair, Vol. 5 No.2, pp.1-12. Free Pres. Tierney, J (2006).Criminology: Theory Merton, R. K and Kendall, P. L and Context. 2nd ed. Essex: (1946).The Focused Longman. Interview.American Journal of United Nations (2017).the eighth annual Sociology Vol. 51, No.5, pp. 541- Report of the Secretary-General on 557. Conflict-related Sexual Violence Nossiter, A. (2015). Boko Haram (S/2017/249 retrieved from: militants raped hundreds of female http://www.un.org/ga/search/view_ captives in Nigeria‘ The New York doc.asp?symbol=S/2017/249 Times 18 May 2015 (Accessed on the 12th http://www.nytimes.com/2015/05/1 December,2017). 9/world/ africa/boko-haram- United Nations News Centre (2015, militants-raped-hundreds-of- 25th May). Condemning use of female-captives-in-nigeria.html?_r sexual violence, UN envoy warns =0 (accessed 5 August 2017 Boko Haram aims to destroy family Okpanga, A.Ugwu, S.C. and Eme, O.I. structures‘ 27 May 2015, (2012). Activities of Boko Haram http://www. and Insecurity Question in Nigeria, un.org/apps/news/story.asp?NewsI Arabain Journal of Business and D=50981#.V-o_9zV1yJc (accessed Management Review, Vol. 1, No. 9, 20 September 2016) April. Vanguard, (2016).IG raises team to Report of the United Nations Secretary- probe sexual abuse of IDPs. General on Conflict-Related Sexual Retrieved from: Violence S/2016/361 submitted to https://www.vanguardngr.com/2016 the United Nations Security /11/hrw-report-ig-raises-team- Council on 20 April 2016, probe-sexual--abuse-idps- http://www.securitycouncilreport.or 2/(Accessed on the 1th g/atf/cf/%7B65BFCF9B-6D27- October,2017). 4E9C-8CD3-