The recent strike by Nigerian workers has added more issues that have continued to trail the nation’s brand of federalism, KUNLE ODEREMI writes

MOST residents of Lagos, Ibadan, Kano and Kaduna woke up last Monday to discover that soldiers had taken over their streets. It was at the instance of the Federal Government, which hinged the troop deployment on the need to guarantee law and order in the country.

The ‘pre-emptive’ step came in the wake of the paralyzing effect of the nationwide strike called by the organized labour and its allied forces. The action created panic, particularly in Lagos metropolis where protesters had held the city by its jugular with the scene beamed across the world. The troop deployment was almost reminiscent of the administration of former President Olusegun Obasanjo, when soldiers literarily levelled Odi in Rivers State and Zaki-Biam in Benue states following the killing of soldiers by locals. 

The only difference this time around was that the soldiers only went after the structures erected by the protesters at the Gani Fawehinmi Park and poised for combat at other strategic parts of the city.

Expectedly, the deployment has drawn the ire of a wide section of the society, with many describing the action as antithetical to democracy. The state governor, Mr. Babatunde Fashola, who appeared caught unawares by the development, saw the action as an insult on the psyche of the people, who only last April sacrificed their time and other resources in electing the present crop of public officials. Fashola tried to bring forth what a theorist on democracy, Derek Benjamin Heater viewed as the overall concept of democracy, which is about the fact that it is about sovereignty, which belongs to the people. Heater listed what could be regarded as the five basic elements, without which no community can call itself truly democratic. These elements are “equality (that is, one man, one vote), sovereignty of the people, respect for human life, rule of law, and liberty of the individual.”

Many other commentators have faulted the government reason for the deployment, which both the Minister for Defence, Dr. Mohammed Haliru Bello and the Commander, 9 Brigade of the Nigerian Army, Brigadier-General Sanusi Muazu said was justified. The minister said, “In the process of the protests, we got security reports that some people were not out to protest, but to hijack the protests for political reasons best known to them, and we deployed troops in the streets.” He accused those criticizing the action of trying to give a political colouration to developments in the country and the consequent preemptive measures of the government.  He added: “We are not fighting a war, the military is just there to back the police and as soon as the situation returns to normal, the security agents will be withdrawn.” On his part,  Brigadier General Sanusi  Muazu said the army were only discharging their duties. He declared that “Our work is to ensure security and that was why you saw our men all over Lagos. We have to come out and ensure that all abide by the law of the land.”

The deployment, however, has increased the number of contentious issues that have continued to put the Nigerian federation and democracy on trial. Contentious issues like resource control, local government creation, just to mention a few, fall into this category.  The questions arising from the entire imbroglio include: when can a President order such deployment and under what atmosphere? Which section of the Constitution or any other law gives the president or any other person as the case may be, the power and authority? Where there is a conflict between what constitutes inalienable rights of a citizen and perceived national interest, which takes precedence? Who is qualified and competent to define national interest and under what conditions, especially in plural politics and centrifugal forces. Some of the teasers could be vied in the context a don at the University of Lagos (UNILAG), Remi Anifiowose, defined a Constitution, such as that of Nigeria. He said, “It is the basic design of the structure and power of the state and rights of its citizens.”

Section 217 of the 1999 Constitution deals with the roles of the Nigerian Armed Forces. The roles include defending the territorial integrity and core interests of the country. In specific terms, subsection [2]  [c] states that the Armed Forces shall  “suppress insurrection and act in aid of civil authorities  to restore order when called upon by the president, but subject to such conditions as may be prescribed by an Act of the National Assembly. It is on this ground that many have criticized the current deployment of soldiers in Lagos. 

A  constitution expert, Professor Itse Sagay,  fully analysed this constitutional provision in his comments on the development. He said the government explanation for taking the measure was totally at variance with the provision. He berated the government’s action, describing it as utterly illegal and condemnable. He said there was no evidence that the protesters carried arms against the authority, but acted within the ambience of the law.

“Obviously, this is illegal and a gross abuse of power. People gathered at various protest centres in Lagos and other parts of the country singing and dancing. There was no any form of insurrection,” he stated.
Soyinka has also vehemently criticised the action and declared, “Lagos is not the hotbed of Boko Haram, nor is it the state of this very incumbent president, where leaders and comrades for whom we have the deepest respect, and with whom we still share common cause, have called openly for secession of their part of the country.

Somehow, the presence of soldiers in Lagos streets has indeed created panic among residents. There has also generated controversy and condemnation from many religious and traditional rulers who insinuated that there could be more to the action of the government, as the opposition party, Action Congress of Nigeria [CAN] had raised the alarm of an alleged surreptitious move by the authorities to declare a state of emergency in the South-west. Others insinuated that some forces in the political circle were bent on securing through the backdoor what they lost via the ballot box.  There is also the belief among a few that the government action is targeted at certain individuals, whose brand of politics leaves much to be desired.

Another lawyer, Chief Supo Shonibare contended that the position of the government could not be sustained under the law and contemporary realities. He said, “democracy is best measured by the capacity of the system to accommodate dissenting opinions, abuses and guaranteeing demonstrations. Indeed. It is the duty of the Armed Forces and the Police to ensure protection of the citizenry against hoodlums and miscreants.”