Military Rule In Nigeria: Perish The Thought

By Ebun-Olu Adegboruwa SAN

A few weeks back, I sat down listening to an elder statesman, an
experienced Learned Senior Counsel and one who should truly know,
campaigning for the return of the military in the affairs and
government of Nigeria. His reason is purely due to the deep-seated
frustrations occasioned by the seeming cluelessness of civilian
leadership since 1999, when we returned to democratic rule. When
the practitioner of law and an advocate of due process, sits down
to preach anarchy and disorder, when someone at the peak of his
professional career disowns the very process that made him, when
one who has suffered the brunt of dictatorship most now transforms
himself into its mouthpiece, then we should get scared as a nation,
knowing that something serious is evidently and ominously amiss. It
was one of those days that I had prayed would never come to pass in
Nigeria, but there he was, with all sense of conviction,
desecrating the hallowed altar of the rule of law and
constitutional democracy. Let us hear him more in detail.

Chief Robert Clarke, a Senior Advocate of Nigeria, SAN, has
called on President Muhammadu Buhari to hand over the government to
the military temporarily in order to solve the security and
economic dilemma Nigeria is facing. According to Clarke, the
military should take over the government temporarily and get
Nigeria back to six States.

Clarke, who spoke on Channels Television’s Sunday Politics, said
that Buhari has the powers under the 1999 to delegate all his
powers to the military who will now be charged with the task of
getting the country back to six States.

“Now I’m going to propose this about security. I don’t know
whether I may be right or wrong … if anybody feels I’m right, thank
God, if they feel I’m wrong let them tell me.

“Now there’s no gainsaying that Nigeria is on the way to
collapse. Nigeria has to be changed and the only way to change it
is to create a state that will make the 1999 constitution
ungovernable for its existence.

“We want a state of emergency to be created in Nigeria today. As
it is today, the President, who is the Commander-in-Chief has the
powers to delegate all his powers to the chief of defence
staff.

“Let him now talk to the Senate, House of Reps, State Governors
and House of Assembly Speakers that a state of emergency has been
created in Nigeria next week which means that all Governors and
legislators must go.

“Then the military will now set up what we call the six
geographical zones. Let us start on that and allow a military
governance over these states.

“Reduce Nigeria to six states and I can assure you the day
Nigeria is reduced to six states and there’s a state of emergency,
80 percent of the money spent on governance will return to the
treasury,” he said.

The senior lawyer added, “The military should take over
temporarily, get Nigeria back to six States. There’s a legitimacy
involved in it. So let us start from there.

“Nobody is going to stop banditry in Nigeria today because it is
a lucrative business. Look at what is happening in the Eastern
region.”

It sounded like a dream to me at first, but there it was, on
prime time national television, on the social media and
reverberating all over the globe, that a Learned Senior Counsel is
calling on the lawfully-elected representatives of the people to
abdicate power in order to allow unelected military personnel take
over the reins of government. I then began to ask some questions.
Is the elder not aware of section 1 (2) of the Constitution that
says thus: “the Federal Republic of Nigeria shall not be governed,
nor shall any person or group of persons take control of the
Government of Nigeria or any part thereof, except in accordance
with the provisions of this Constitution.” So, where did the
Learned Chief get this idea of Nigeria under unelected military
rule? What will he do about this Constitution? Suspend it and
destroy the entity called Nigeria? What will be the foundation for
the legitimacy of the military contraption that he wants to impose
upon us? Is he not aware that section 3 (1) of the same
Constitution states that “there shall be thirty six States in
Nigeria”? How did we get here really? Did the Chief not read
section 2 (2) of the Constitution that “Nigeria shall be a
Federation consisting of States and a Federal Capital Territory”?
Hmmm. Na wa, as they say it in Warri!

For this to come from a Learned Senior mind the way it came,
then surely our civilian leaders must have messed up the political
atmosphere so badly that they don’t deserve to be trusted with
power again. We must blame the politicians, as they have had close
to three decades to put their houses in order since the military
were chased out of power in 1999. Things have gotten worse since
then, we are more divided now that we ever were, we are more
concerned about our ethnic loyalties than ever before and we have
more religious tendencies than it used to be. We can’t even talk
about how corruption has eaten so deep into our national life, such
that nowadays in our own very eyes, snakes do swallow cash and
septic tanks have become storage places for dollars. The rate of
youth unemployment is higher than before, inflation is climbing at
an alarming rate and basic infrastructure practically does not
exist, in confirmation of any form of leadership. Good enough,
those concerned have since disowned Chief Robert Clarke in this
rather strange call. The military authorities have since declined
the call to take over the governance of Nigeria, pledging their
loyalty to civilian authority, as stated in the Constitution and
indeed the Armed Forces Act. The call by Chief Clarke was akin to
staging a coup d’etat, which was flatly rejected.

“The Nigerian military has warned politicians and military
personnel against planning a coup.The Defence Headquarters (DHQ) in
a statement on Monday by Onyema Nwachukwu, its spokesman, said its
attention has been drawn to comments by Robert Clarke, a senior
lawyer, calling for power to be handed over to the military.

The military dissociated itself from the statement which it
described as “anti-democratic” and said it remains loyal to the
current administration.

“The attention of the military high command has been drawn to a
statement purported to have been made by one Robert Clark SAN,
suggesting that current political leadership should hand over power
to the military for the purpose of restructuring,” the statement
said.

“The Nigerian Military wish to dissociate itself from such
anti-democratic utterance and position. Let it be stated
categorically that the Armed Forces of Nigeria remain fully
committed to the present Administration and all associated
democratic institutions. We shall continue to remain apolitical,
subordinate to the Civil Authority, firmly loyal to the President,
Commander-in-Chief of the Armed Forces of the Federal Republic of
Nigeria, President Muhammadu Buhari and the 1999 Constitution as
Amended.

“We shall continue to discharge our constitutional
responsibilities professionally, especially in protecting the
country’s democracy, defence of the territorial integrity of the
country as well as protection of lives and properties of
citizens.”

The DHQ warned politicians and military personnel against
contemplating the idea of a coup as the full wrath of the law will
be brought on anyone caught doing so.

“The Military High Command wishes to use this opportunity to
warn misguided politicians who nurse the inordinate ambition to
rule this country outside the ballot box to banish such thoughts as
the military under the current leadership remain resolute in the
Defence of Nigeria’s Democracy and its growth,” it said.

“We also wish to remind all military personnel that it is
treasonable to even contemplate this illegality. The full wrath of
the law will be brought to bear on any personnel found to collude
with people having such agenda. The current security challenges are
not insurmountable.

“The Armed Forces of Nigeria in partnership with other security
Agencies are working assiduously to ameliorate the challenge.
Nigeria will know peace again. PLEASE BE WARNED!”

Our collective experiences with the military have been very
unsavoury indeed, comprising inconsistent policies, wanton
illegality, monumental corruption, arbitrary legislations, nepotism
which cannot be questioned and sectional allegiances. Perhaps the
most dangerous sign of military dictatorship is the love for
unitary government, which in itself has halted the progress of
Nigeria beyond comprehension. To make matters worse, Chief Clarke
is even advocating for the abolition of the present structure of 36
States, suggesting only six States instead! Pray, where will Warri,
his home, be? Not to talk of the abrogation of the rights of
citizens, arbitrary arrests and detentions, mysterious
assassinations here and there and uncertainty in governance. We
surely cannot return to that inglorious era, as we all firmly
believe now that the worst civilian rule is better off than the
best military rule.

The call by Chief Clarke has however led us to think very
deeply, as to the utility value of civilian government to the
people of Nigeria since 1999. We have only raised petty
bourgeoisies, jet owners, electoral bandits and political
godfathers who have all found retirement in politics and are very
unwilling to let go. This is the present tragedy of our nation;
namely that we love democracy and its system of governance but we
have not gained much from it, because our leaders have bluntly
refused to play the game according to the rules. It is unfortunate
that we will keep lamenting in this manner and sooner than later,
2023 will come and go and we will still be singing the old songs in
Babylon. But we will keep enduring it, until it gets better to give
us the dividends that we truly deserve. As for military rule in
Nigeria, perish the thought! That era has ended for good.

By Ebun-Olu Adegboruwa SAN

A few weeks back, I sat down listening to an elder statesman, an
experienced Learned Senior Counsel and one who should truly know,
campaigning for the return of the military in the affairs and
government of Nigeria. His reason is purely due to the deep-seated
frustrations occasioned by the seeming cluelessness of civilian
leadership since 1999, when we returned to democratic rule. When
the practitioner of law and an advocate of due process, sits down
to preach anarchy and disorder, when someone at the peak of his
professional career disowns the very process that made him, when
one who has suffered the brunt of dictatorship most now transforms
himself into its mouthpiece, then we should get scared as a nation,
knowing that something serious is evidently and ominously amiss. It
was one of those days that I had prayed would never come to pass in
Nigeria, but there he was, with all sense of conviction,
desecrating the hallowed altar of the rule of law and
constitutional democracy. Let us hear him more in detail.

Chief Robert Clarke, a Senior Advocate of Nigeria, SAN, has
called on President Muhammadu Buhari to hand over the government to
the military temporarily in order to solve the security and
economic dilemma Nigeria is facing. According to Clarke, the
military should take over the government temporarily and get
Nigeria back to six States.

Clarke, who spoke on Channels Television’s Sunday Politics, said
that Buhari has the powers under the 1999 to delegate all his
powers to the military who will now be charged with the task of
getting the country back to six States.

“Now I’m going to propose this about security. I don’t know
whether I may be right or wrong … if anybody feels I’m right, thank
God, if they feel I’m wrong let them tell me.

“Now there’s no gainsaying that Nigeria is on the way to
collapse. Nigeria has to be changed and the only way to change it
is to create a state that will make the 1999 constitution
ungovernable for its existence.

“We want a state of emergency to be created in Nigeria today. As
it is today, the President, who is the Commander-in-Chief has the
powers to delegate all his powers to the chief of defence
staff.

“Let him now talk to the Senate, House of Reps, State Governors
and House of Assembly Speakers that a state of emergency has been
created in Nigeria next week which means that all Governors and
legislators must go.

“Then the military will now set up what we call the six
geographical zones. Let us start on that and allow a military
governance over these states.

“Reduce Nigeria to six states and I can assure you the day
Nigeria is reduced to six states and there’s a state of emergency,
80 percent of the money spent on governance will return to the
treasury,” he said.

The senior lawyer added, “The military should take over
temporarily, get Nigeria back to six States. There’s a legitimacy
involved in it. So let us start from there.

“Nobody is going to stop banditry in Nigeria today because it is
a lucrative business. Look at what is happening in the Eastern
region.”

It sounded like a dream to me at first, but there it was, on
prime time national television, on the social media and
reverberating all over the globe, that a Learned Senior Counsel is
calling on the lawfully-elected representatives of the people to
abdicate power in order to allow unelected military personnel take
over the reins of government. I then began to ask some questions.
Is the elder not aware of section 1 (2) of the Constitution that
says thus: “the Federal Republic of Nigeria shall not be governed,
nor shall any person or group of persons take control of the
Government of Nigeria or any part thereof, except in accordance
with the provisions of this Constitution.” So, where did the
Learned Chief get this idea of Nigeria under unelected military
rule? What will he do about this Constitution? Suspend it and
destroy the entity called Nigeria? What will be the foundation for
the legitimacy of the military contraption that he wants to impose
upon us? Is he not aware that section 3 (1) of the same
Constitution states that “there shall be thirty six States in
Nigeria”? How did we get here really? Did the Chief not read
section 2 (2) of the Constitution that “Nigeria shall be a
Federation consisting of States and a Federal Capital Territory”?
Hmmm. Na wa, as they say it in Warri!

For this to come from a Learned Senior mind the way it came,
then surely our civilian leaders must have messed up the political
atmosphere so badly that they don’t deserve to be trusted with
power again. We must blame the politicians, as they have had close
to three decades to put their houses in order since the military
were chased out of power in 1999. Things have gotten worse since
then, we are more divided now that we ever were, we are more
concerned about our ethnic loyalties than ever before and we have
more religious tendencies than it used to be. We can’t even talk
about how corruption has eaten so deep into our national life, such
that nowadays in our own very eyes, snakes do swallow cash and
septic tanks have become storage places for dollars. The rate of
youth unemployment is higher than before, inflation is climbing at
an alarming rate and basic infrastructure practically does not
exist, in confirmation of any form of leadership. Good enough,
those concerned have since disowned Chief Robert Clarke in this
rather strange call. The military authorities have since declined
the call to take over the governance of Nigeria, pledging their
loyalty to civilian authority, as stated in the Constitution and
indeed the Armed Forces Act. The call by Chief Clarke was akin to
staging a coup d’etat, which was flatly rejected.

“The Nigerian military has warned politicians and military
personnel against planning a coup.The Defence Headquarters (DHQ) in
a statement on Monday by Onyema Nwachukwu, its spokesman, said its
attention has been drawn to comments by Robert Clarke, a senior
lawyer, calling for power to be handed over to the military.

The military dissociated itself from the statement which it
described as “anti-democratic” and said it remains loyal to the
current administration.

“The attention of the military high command has been drawn to a
statement purported to have been made by one Robert Clark SAN,
suggesting that current political leadership should hand over power
to the military for the purpose of restructuring,” the statement
said.

“The Nigerian Military wish to dissociate itself from such
anti-democratic utterance and position. Let it be stated
categorically that the Armed Forces of Nigeria remain fully
committed to the present Administration and all associated
democratic institutions. We shall continue to remain apolitical,
subordinate to the Civil Authority, firmly loyal to the President,
Commander-in-Chief of the Armed Forces of the Federal Republic of
Nigeria, President Muhammadu Buhari and the 1999 Constitution as
Amended.

“We shall continue to discharge our constitutional
responsibilities professionally, especially in protecting the
country’s democracy, defence of the territorial integrity of the
country as well as protection of lives and properties of
citizens.”

The DHQ warned politicians and military personnel against
contemplating the idea of a coup as the full wrath of the law will
be brought on anyone caught doing so.

“The Military High Command wishes to use this opportunity to
warn misguided politicians who nurse the inordinate ambition to
rule this country outside the ballot box to banish such thoughts as
the military under the current leadership remain resolute in the
Defence of Nigeria’s Democracy and its growth,” it said.

“We also wish to remind all military personnel that it is
treasonable to even contemplate this illegality. The full wrath of
the law will be brought to bear on any personnel found to collude
with people having such agenda. The current security challenges are
not insurmountable.

“The Armed Forces of Nigeria in partnership with other security
Agencies are working assiduously to ameliorate the challenge.
Nigeria will know peace again. PLEASE BE WARNED!”

Our collective experiences with the military have been very
unsavoury indeed, comprising inconsistent policies, wanton
illegality, monumental corruption, arbitrary legislations, nepotism
which cannot be questioned and sectional allegiances. Perhaps the
most dangerous sign of military dictatorship is the love for
unitary government, which in itself has halted the progress of
Nigeria beyond comprehension. To make matters worse, Chief Clarke
is even advocating for the abolition of the present structure of 36
States, suggesting only six States instead! Pray, where will Warri,
his home, be? Not to talk of the abrogation of the rights of
citizens, arbitrary arrests and detentions, mysterious
assassinations here and there and uncertainty in governance. We
surely cannot return to that inglorious era, as we all firmly
believe now that the worst civilian rule is better off than the
best military rule.

The call by Chief Clarke has however led us to think very
deeply, as to the utility value of civilian government to the
people of Nigeria since 1999. We have only raised petty
bourgeoisies, jet owners, electoral bandits and political
godfathers who have all found retirement in politics and are very
unwilling to let go. This is the present tragedy of our nation;
namely that we love democracy and its system of governance but we
have not gained much from it, because our leaders have bluntly
refused to play the game according to the rules. It is unfortunate
that we will keep lamenting in this manner and sooner than later,
2023 will come and go and we will still be singing the old songs in
Babylon. But we will keep enduring it, until it gets better to give
us the dividends that we truly deserve. As for military rule in
Nigeria, perish the thought! That era has ended for good.