Monday, July 5, 2021

Re: USA Africa Dialogue Series - Opinion on the Constituional powerofthe President to crush seccessionists

"Don't punish me with brutality
Talk to me, so you can see

What's going on

Some of Brother Buhari's most ardent critics have been complaining about the brutality in his language, to the extent that he says that the language of brute military force is the only language the would-be Biafran secessionists understand and that's the reason why his tweet ,that used that language, was unceremoniously deleted by the powers that be, who are their own commanders-in-chief at Twitter.

Many of Brother Buhari's most ardent critics complain, and have been complaining for a long time now, that we have yet to hear him using that kind of language when talking to or talking about Boko Haram or his Brethren , the Fulani Herdsmen., who are apparently licensed to carry fully loaded AK 47's to protect themselves and their cows, but the same privilege / equal rights are not extended to Brother Buhari's fellow citizens further, down South, so, obviously, there's no denying that President Buhari's heart is with the Fulani herdsmen – that he has a tender heart for them, perhaps thereby conforming the truism that  "blood's thicker than mud" –that even as President of Nigeria he has a more tender heart for the Fulani than for the Igbo. For some people, that would be natural, even as they sing, " We're all Nigerians " and  "Charity begins at home"

This is not so funny : " When asked if he agreed with the AGF's position, Buhari had responded, "You want me to contradict my attorney-general?"

It may well be that Commander-in-Chief doesn't know or care a rat's tail about the law that he's talking about, which should be sufficient reason for him not to disagree with his AGF. In other words, he could be misled by his less than infallible AGF, and in effect find himself agreeing with him based on his own very shaky foundations or false assumptions. (About Lord Lugard's amalgamation of Nigeria and the kinds of issues arsing from  that welding together, there's an instance when the Crown ( UK ) lost their case to the Creole Settlers Descendants Union (about the amalgamation of Freetown and the Western Area of Sierra Leone, which, prior to Independence was a "Crown colony" and the rest of Sierra Leone which at that point was a so called " Protectorate" - the case got as far as the Privy Council which is the UK's ultimate judicial arbitrator.

So, that's a pretty tall order from Brer Buhari's erudite AFG, that for a referendum to be held there has to be a prior provision in the Nigerian Constitution for such a referendum/referendums, when somehow, all along, the powers that be have been dragging their feet, resisting the idea of a referendum on the peaceful dissolution of Nigeria ever appearing on the agenda of a sovereign national conference specially convened to discuss and resolve that specific issue. I suppose that further down along the road the powers that be will be demanding that it will need more than a two thirds majority vote in the Senate, to amend the Nigerian Constitution…

The procedures that resulted in The Scottish Referendum could be instructive .That Union is of course older than Nigeria which became the entity that it is today a little over a hundred years ago, in 1914. With his background as a historian and as an anti-imperialist Professor Bernard Porter's perspective on the Scottish Referendum  could be instructive and we could learn something from that. I wonder , all things considered, what are his thoughts about Nigeria's immediate future, the way forward….

Daniel Chukwuemeka's Afro-Pessimism and the Question of Biafran Nationalism ( was written before these latest developments but his thesis still holds... 

In some quiet corner some Nigerian is also saying, "tread softly for you tread on my dreams"

It's not everyone in this forum that's a "fearless fang". Some probably fear reprisals at home and abroad, loss of livelihood, loss of limb, life and property or getting arrested at the airport the next time they dare set foot in Nigeria again. I suppose that some Nigerians in this forum and being a little cautious, uncertain as to whether Commander-in-Chief Buhari and his chief legal advisers intend "TO CRUSH" each and everyone who whispers or breathes the word " Secession" or  "Biafra Must Be Free Must be Free" , or they only intend " TO CRUSH" those who actually intend

 "to take Arms against a Sea of troubles, 

And by opposing end them…"

As usual, human rights activist Wole Soyinka has again weighed in with some moral authority. And that moral authority has some impact , all the way to over here people listen to him and not to " the dog and the baboon". His quiet impact sometime translates into behind the scenes activities which ought not to be underestimated. Losing the high moral ground, is a great loss, even for the mountain gorilla. When we mess up big time the racists start sniggering and saying, "Nigeria, that's where the niggers come from, can't get their shit together, always making some ethnic palaver. " Shithole countries 

Just imagine Britain's Prime Minister David Cameron being caught on camera actually confiding to Her Majesty Queen Elisabeth II, " We've got some leaders of some fantastically corrupt countries coming to Britain.​ Nigeria and Afghanistan, possibly the two most corrupt countries in the world !"

From that point of view it's understandable even to them that e.g. Biafrans don't want to be ruled by someone else – if that someone else is going to  continue messing up big time and keep on telling them, "We're in this mess together. " Big shit. 

If the major ethnic conglomerations (nations ) do not all secede or want to declare secession simultaneously, there is hope for the decentralisation that Professor Soyinka advocates ,  and the much talked about " restructuring" , or even better yet, out of these birth pangs, the emergence of a powerful (because united) United States of Nigeria , with a new constitution cementing that indivisible unity...


On Monday, 5 July 2021 at 14:06:17 UTC+2 yagb...@hotmail.com wrote:



Secessionists are easier to locate because they want to be seen and heard in order to make their case whereas bandits and Boko Haram play hide and seek to evade detection and crushing.


OAA



Sent from my Galaxy



-------- Original message --------
From: "Chidi Anthony Opara, FIIM" <chidi...@gmail.com>
Date: 04/07/2021 10:29 (GMT+00:00)
To: USA African Dialogue Series <usaafric...@googlegroups.com>
Subject: Re: USA Africa Dialogue Series - Opinion on the Constituional powerofthe President to crush seccessionists

Boxbe This message is eligible for Automatic Cleanup! (chidi...@gmail.com) Add cleanup rule | More info
OAA,
Methinks that the President while crushing secessionists should also crush Boko Haram and bandits.

For now he pampers the last two.

-CAO.

On Sun, Jul 4, 2021, 9:20 AM OLAYINKA AGBETUYI <yagb...@hotmail.com> wrote:



Lawyer Aikpokpo-Martins has hit the nail right on the head.

I could not agree with him more!

OAA



Sent from my Galaxy



-------- Original message --------
From: Ashafa Abdullahi <abas...@gmail.com>
Date: 03/07/2021 22:37 (GMT+00:00)
To: usaafricadialogue <usaafric...@googlegroups.com>
Subject: USA Africa Dialogue Series - Opinion on the Constituional power ofthe President to crush seccessionists

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THE NATION 

Constitution requires Buhari to crush Kanu, Igboho, says NBA Vice President

July 3, 2021

Nigerian Bar Association (NBA) 1st Vice President, John Aikpokpo-Martins, Saturday said any President of Nigeria is constitutionally bound to crush secessionists like Nnamdi Kanu and Sunday Adeyemo, alias Sunday Igboho.

Mr Aikpokpo-Martins said under Nigerian law, self-determination agitations are "simply unconstitutional".
He faulted secessionists' claim that agitation for self-determination is a fundamental right, noting that Chapter 4 (fundamental human rights guaranteed provisions) of the 1999 Constitution does not include the right to expressions seeking to divide the country.

The NBA official stated this in his personal capacity in a post on his Facebook page titled, STIRRING THE HORNET'S NEST; THE MENS REA.
He began his post by differentiating between the agitations of a former Niger Delta militant leader, Government Ekpemupolo, alias Tompolo on the one hand, and that by Boko Haram, the Independent People of Biafra (IPOB) and Igboho, on the other.
Mr Kanu, the leader of IPOB that is calling for the independence of Biafra from Nigeria, was presented before a federal high court in Abuja last Tuesday, days after his arrest at an undisclosed location abroad.

A team of joint security operatives invaded Mr Igboho's house in Soka, Ibadan, capital of Oyo State around 1an last Thursday, barely 72 hours to his plan to hold a rally in Lagos to further canvas for the Yoruba nation.
Defending the government's actions "strictly based on the law", Aikpokpo-Martins said: "Let it be known that there is a major difference in the agitation of the Niger Delta militants as led by Tompolo etc to the agitations of Boko Haram, IPOB and Sunday Igboho.

"Tompolo never agitated for a different country; this is very very significant and must reflect on how he is treated.
"Whereas Boko Haram, IPOB and Sunday Igboho are agitating to carve different countries out of Nigeria, Tompolo never did that; he is a Nigerian and advocates for justice and equity albeit as a Nigerian and in Nigeria.

"Constitutionally, no President (whether he is a Buhari, Nnamdi, Babatunde, Ahmed, Osahon, Wike, Aper etc) worth his job will treat those agitating for self-determination with kid's gloves; he is constitutionally and legally mandated and obliged to crush such people.
"You may mouth fundamental human rights to self-determination etc, but the fact is, the Nigerian constitution described Nigeria as one indivisible country; see section 2(1) of the 1999 constitution."

He explained that Buhari took an oath to defend the constitution, "so how can a President who swore to defend the constitution which contained a clause providing for the indivisibility of the country turn around to condone agitations for self-determination whether by peaceful and or violent agitations, when such agitations are directed at the core of the validity/legitimacy of the constitution he swore to defend?"
According to him, such agitations are "simply unconstitutional and the President is constitutionally bound to crush same."

He contended further that Chapter 4 (fundamental human rights guaranteed provisions) of the constitution that many rely on to defend protests, agitations and rallies to demand for a division of Nigeria into different countries "did not guarantee such expressions when such expressions or assemblages are directed at the validity and/or legitimacy of the constitution itself ie seeking a divisible Nigeria!
"It is a legal, ideological and philosophical absurdity to rely on a constitution to which you seek to destroy to protect a right to destroy the same constitution!
"The constitution must inherently and naturally protect and defend itself by denying any person or agitator any right that is inimical to its existence.

"So, those agitating to divide Nigeria cannot seek the protection of the constitution; it will not avail them. They can only seek to actualized their demands outside the purview and protection of the 1999 constitution by whatever means that they deem fit.
"The constitution and all organs and authorities that take legitimacy from the constitution will automatically be biased against such agitators, so they should not expect to be granted any benefits as of right.
"They must brace up to receive any indignity hurled at them by the system with stoic equanimity. Any right granted them by the system is simply magnanimous except such rights can be founded in international statutes."

Aikpokpo-Martins advised that for the agitators to enjoy the benefits of the constitution and be free from the biases of those in authorities vide the constitution, they must first "renounce their claims to the unconstitutional calls for the divisibility of Nigeria ie calls to be carved out of Nigeria.
"Except and until the constitution provides for the right to self-determination, any expression or assemblage where such agitations are made are not only unconstitutional but also treasonable.

"So, I urge the agitators for different countries to be carved out of Nigeria to first agitate for the right to self-determination and referendum be included in the constitution.
"Then and only then will a President who seeks to crush such agitations be said to be acting unlawfully, illegally and unconstitutionally and only then too can agitations for Boko Haram Caliphate, Odua Republic and the Biafra Republic be lawful and constitutional.
He described those who disagree with his argument as blind.
According to him; "Many persons may not agree with me, but then such people may be blinded by sentiments, ignorance or both. My analysis is strictly based on the law as I know it, and the law is not sentimental.

"Lastly, Tompolo was asking for a better deal for his people WITHIN the country called Nigeria as a Nigerian, he never professed any other nationality nor sought for the break up of Nigeria.
"This fundamental is the ideological difference between him and the others. His methods may have been unlawful, but certainly not unconstitutional, so he deserves different treatment to Sunday Igboho, Nnamdi Kanu, Shekau and all Boko Haramists.
"The actus reus may be the same, but the mens rea is not."

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