Elder statesman, Prof. Ben Nwabueze, has backed former minister
of defence, General Theophilus Y. Danjuma’s call to Nigerians to
defend themselves against alleged killer herdsmen.
He reiterated that the 1999 Constitution (as amended),
guarantees every Nigerian the option of self-defence; if provoked
or attacked.
Nwabueze also noted that the Federal Government’s failure to
take proactive action against alleged killer herdsmen has put the
country in a situation where anarchy and ethnic cleansing may be
inevitable.
“Anarchy and a consequent ‘ethnic cleansing’ loom in the horizon
if the attacks, killings, destruction of property and displacement
of people by Fulani herdsmen continue unchecked and unpunished,
given the failure or inability of the federal government to take
action; to that effect, a state of things that may likely force the
communities at the receiving end to resort to self-defence, as
guaranteed by section 33(1) & (2) of the Constitution.”
Nwabueze reiterated that Danjuma only re-echoed a guarantee in
Nigeria’s constitution when, in a statement on March 24, he called
on Nigerians to rise up and defend themselves against the murderous
attacks of Fulani herdsmen.
“The action, which the aggrieved individuals may take in
self-defence, guaranteed by the constitution, must be viewed in the
context of the extraordinary situation created by Fulani herdsmen
insurgency and the means they employ – AK47, and other
sophisticated weaponry.
“Faced by an attack by such means, self-defence using sticks,
bows and arrows is futile and meaningless. What is the value in
guaranteeing a person the right of self-defence and then denying
him the appropriate means to exercise the right effectively when
the need to do so arises? Self-defence, to be effective and
meaningful in the prevailing context, must be by means proportioned
to the means employed by the attackers. Disarming the citizenry and
leaving them unprotected against killer Fulani herdsmen would only
render nugatory, to a large extent, the constitutional guarantee of
self-defence, viewed again in the context of the extraordinary
situation created by the Fulani herdsmen armed insurgency and the
failure or inability of the federal government to stop it.”
He said Danjuma did not just get up to make the call.
“He was moved to do so by the extraordinary situation, with its
tragic effects, created by the Fulani herdsmen and the federal
government. The result of Nigerians rising up to defend themselves
may be indiscriminate killings, on both sides, ‘ethnic cleansing’
and anarchy.”
Regardless, the elder statesman hoped that such should not
happen and added that if allowing Nigerians to bear and keep arms
for self-defence leads to chaos, President Buhari should be held
responsible. “Should allowing Nigerians to keep and bear arms ever
lead to anarchy and ethnic cleansing, then, the blame for that
should be laid squarely on President Buhari for failing to disarm
the killer Fulani herdsmen at the early beginnings of the conflict.
Had that been done, the killings, the destruction of property and
the displacement of persons might not have occurred to the point of
their escalation to a national calamity, and the point where
self-defence becomes a national issue. Still armed with AK-47 guns,
the Fulani herdsmen were thus enabled to kill people in Kaduna
State on March 29 and even on the very days the president went on a
visit to some of the affected states – Plateau, Taraba, Zamfara and
Benue.”
Elder statesman, Prof. Ben Nwabueze, has backed former minister
of defence, General Theophilus Y. Danjuma’s call to Nigerians to
defend themselves against alleged killer herdsmen.
He reiterated that the 1999 Constitution (as amended),
guarantees every Nigerian the option of self-defence; if provoked
or attacked.
Nwabueze also noted that the Federal Government’s failure to
take proactive action against alleged killer herdsmen has put the
country in a situation where anarchy and ethnic cleansing may be
inevitable.
“Anarchy and a consequent ‘ethnic cleansing’ loom in the horizon
if the attacks, killings, destruction of property and displacement
of people by Fulani herdsmen continue unchecked and unpunished,
given the failure or inability of the federal government to take
action; to that effect, a state of things that may likely force the
communities at the receiving end to resort to self-defence, as
guaranteed by section 33(1) & (2) of the Constitution.”
Nwabueze reiterated that Danjuma only re-echoed a guarantee in
Nigeria’s constitution when, in a statement on March 24, he called
on Nigerians to rise up and defend themselves against the murderous
attacks of Fulani herdsmen.
“The action, which the aggrieved individuals may take in
self-defence, guaranteed by the constitution, must be viewed in the
context of the extraordinary situation created by Fulani herdsmen
insurgency and the means they employ – AK47, and other
sophisticated weaponry.
“Faced by an attack by such means, self-defence using sticks,
bows and arrows is futile and meaningless. What is the value in
guaranteeing a person the right of self-defence and then denying
him the appropriate means to exercise the right effectively when
the need to do so arises? Self-defence, to be effective and
meaningful in the prevailing context, must be by means proportioned
to the means employed by the attackers. Disarming the citizenry and
leaving them unprotected against killer Fulani herdsmen would only
render nugatory, to a large extent, the constitutional guarantee of
self-defence, viewed again in the context of the extraordinary
situation created by the Fulani herdsmen armed insurgency and the
failure or inability of the federal government to stop it.”
He said Danjuma did not just get up to make the call.
“He was moved to do so by the extraordinary situation, with its
tragic effects, created by the Fulani herdsmen and the federal
government. The result of Nigerians rising up to defend themselves
may be indiscriminate killings, on both sides, ‘ethnic cleansing’
and anarchy.”
Regardless, the elder statesman hoped that such should not
happen and added that if allowing Nigerians to bear and keep arms
for self-defence leads to chaos, President Buhari should be held
responsible. “Should allowing Nigerians to keep and bear arms ever
lead to anarchy and ethnic cleansing, then, the blame for that
should be laid squarely on President Buhari for failing to disarm
the killer Fulani herdsmen at the early beginnings of the conflict.
Had that been done, the killings, the destruction of property and
the displacement of persons might not have occurred to the point of
their escalation to a national calamity, and the point where
self-defence becomes a national issue. Still armed with AK-47 guns,
the Fulani herdsmen were thus enabled to kill people in Kaduna
State on March 29 and even on the very days the president went on a
visit to some of the affected states – Plateau, Taraba, Zamfara and
Benue.”
Read more https://nairalaw.com/danjuma-constitution-guarantees-self-defence-prof-nwabueze/