The Presidency’s claim that some ‘disgruntled elements’ are plotting to destabilise the country to force a leadership change has unsettled many. This followed a remark by a Senior Advocate of Nigeria, Robert Clarke, that the military should take-over to save the country from disintegration. But lawyers tell ADEBISI ONANUGA that the challenges in the country notwithstanding, forcible removal of the government is a bad idea.
Last Tuesday, the Presidency raised the alarm over an alleged plot to unlawfully topple President Muhammadu Buhari-led government. Presidential spokesman Femi Adesina said in a statement that the intention of the plot, “championed by some disgruntled religious and past political leaders, was to eventually throw the country into a tailspin, which would compel a forceful and undemocratic change of leadership.”
Adesina said it involved wreaking havoc on the government, sovereignty and corporate existence of the country by recruiting the leadership of some ethnic groups and politicians to pass a vote of no confidence on the Buhari administration.
According to him, the intention is to eventually throw the country into a tailspin, which will compel a forcible and undemocratic change of leadership.
“The agent provocateurs hope to achieve this through artifice and sleight of hand, what they failed to do through the ballot box in the 2019 elections.
“Nigerians have opted for democratic rule, and the only accepted way to change a democratically elected government is through elections, which hold at prescribed times in the country.
“Any other way is patently illegal and even treasonable. Of course, such will attract the necessary consequences.
“These discredited individuals and groups are also in cahoots with external forces to cause maximum damage in their own country.
“But the Presidency, already vested with mandate and authority by Nigerians till 2023, pledges to keep the country together, even if some unruly feathers would be ruffled in the process”, the statement said.
What the DSS said
Adesina did not name any of the alleged planners but his statement referenced another of May 2, by the State Security Service (SSS, also called DSS).
In that statement, the DSS warned “misguided elements” who were threatening Nigeria’s unity and peaceful co-existence to desist from doing so.
Its spokesman, Peter Afunanya, said that, henceforth, the service would no longer tolerate those whose aim was to “throw the country into anarchy.”
Afunanya said among those threatening the Federal Government and Nigeria’s unity were “some religious and past political leaders who have either called for a forceful change of government or mass action against it.”
He added: “They are reminded that even though democracy offers free speech, it does not give room to reckless pronouncements capable of undermining security. It is instructive to note that the ballot box remains the vehicle of change in a democracy.
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“In this regard, self-centred individuals and groups are warned to stop engaging in acts inimical to the peace and sovereignty of this nation. In the same manner, influential personalities should be sensitive to emerging situations and guard against divisive and inciting utterances that may cause a breakdown of law and order.”
The DSS statement came amid the sustained calls for Nigeria’s breakup from both the proponents of a Biafran government and other aggrieved citizens and organisations.
Defence Headquarters (DHQ) warning against coup
Similarly, the Defence Headquarters (DHQ) dissociated itself from the call for military’s intervention in the polity.
The statement by its spokesperson, Onyema Nwachukwu, followed a call by a senior lawyer for the military to take over the country.
“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,” Nwachukwu, a Brigadier-General, said.
He pledged that the military would continue to discharge its constitutional responsibilities professionally, especially in protecting the country’s democracy, territorial integrity, and protection of citizens’ lives and properties.
He added: “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.
“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.”
Controversial interview
The DSS and the military’s alarm followed an interview on Channels Television’s ‘Sunday Politics’ programme which featured Senior Advocate of Nigeria (SAN) Robert Clarke. Clarke, during the interview, asked President Muhammadu Buhari to hand over the government to the military temporarily in order to solve the country’s security and economic dilemma.
According to him, the military should take over the government temporarily and get Nigeria back to six states.
Clarke said Buhari, under the 1999 Constitution, as amended, has the powers to delegate all his powers to the military which would be charged with the task of taking the country back to when Nigeria was divided into six states.
The lawyer argued that Nigeria was on the verge of collapse.
He said: “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.”
Clarke urged the President to tell the senate, House of Representatives, governors and House of Assembly speakers that a state of emergency has been created in Nigeria, which would mean 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 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.
“Nobody is going to stop banditry in Nigeria today because it is a lucrative business. Look at what is happening in the Eastern region now, it’s no longer banditry. It’s becoming a civil war.” Clarke added.
CAN: We are not involved
Nigeria’s main religious bodies distanced themselves from the allegation.
While the Christian Association of Nigeria (CAN) rejected the inclusion of religious leaders among those plotting against the government, the Nigeria Supreme Council of Islamic Affairs (NSCIA) called for a probe of the government’s allegation to ascertain and bring the suspected agitators to book.
Pastor Adebayo Oladeji, Special Assistant (Media and Communications) to CAN President Rev. Samson Ayokunle, said the concern of the association was what government was doing to tame banditry, terrorism and kidnapping.
“The killings that we are witnessing, the banditry, the terrorism that we are witnessing are not happening in civilised countries. It is very unfortunate that our government has no answer to the security challenges.
“Nigerians are disappointed with the failure of the government in fixing the security problems. They should use their energy to pursue the criminals around us. The government that gave us the impression as if the criminals are invisible is not the right government.
“The government should wake up from its slumber and chase all these criminals out of the country. The killings we are witnessing are unprecedented. No religious leader is interested in taking over government,” Rev. Oladeji said.
The Sultan of Sokoto Alhaji Sa’ad Abubakar III-led Nigerian Supreme Council for Islamic Affairs (NSCIA) called for proper investigation into the allegation made by the Presidency.
NSCIA Head of Media and Communication, Aselemi Ibrahim, said the statement of the Presidency was lacking in specifics and “I think that the allegation made by the Presidency is not unconnected with the reports by the Department of State Services (DSS). We want to assume that the magnitude of such information we are not privy to.
“What we would love to say is that since they have this information, they should investigate further and if there is anybody that is found wanting, the person or group of people should be diligently prosecuted.”
Disquiet in the polity
Professor of Law, Itse Sagay (SAN), reacting to the claim, noted that Nigerians had the right to criticise the President, but condemned any attempt at illegal power takeover.
“If any activity involves a breach of the law, then it should be dealt with in that manner. They (those behind it) should be brought to justice.”
He urged the security agencies to bring to justice anyone plotting to remove the president undemocratically.
“Anything that creates untidiness in succession to power at that level can cause chaos and anarchy in the country and will result in a lot of bloodshed and death.
“Anyone caught trying to remove the president illegally and clandestinely outside the constitutional provisions deserves a very stern action by the law enforcement agencies.
“Anyone can criticise the president if they feel he is not doing his job effectively, but criticism must not constitute clandestine removal,” he further stated.
Two other Senior Advocates of Nigeria (SAN), Mba Ukweni and Chino Obiagwu, whose views were similar, argued that Nigerians were entitled to exercise their fundamental right to freedom of expression under Section 143 of the Constitution.
“It is not correct to say that the only way to remove the president is by voting him out of office. There is an impeachment procedure.
“The Constitution in its wisdom has made provisions for the removal of a president from office.
“Section 143 of the Constitution stipulates the procedure for the removal of the president or vice president. If the provisions of section 143 are complied with, the president leaves office,” Ukweni said.
He added that the constitutional grounds for removing the president include gross misconduct in the performance of the functions of his office and incapacity to perform those functions.
Obiagwu said: “There is freedom of expression. So, people have a right to express their views about government.
“Whether they’re satisfied or not, they have the right to express their opinion. There’s nothing illegal about it. It is everyone’s constitutional right.”
He wondered why the Presidency was worried about a vote of no confidence, noting that “there is no provision for that,”
“The only way a president can be removed through a vote of no confidence is through impeachment, which only the National Assembly can do.
“The people have a right to call for the impeachment of the president if they think he is not performing well, by rallying their representatives at the National Assembly,” he said.
The way forward
Though a respected and a very senior member of the Bar, pundits are worried that Clarke’s views unsettled many quarters, including the military and religious leaders.
While some saw his ideas as an assault on the country, some said the views of an elderly person fit to be regarded a statesman should be to inspire hope for a strong and a united Nigeria and not set it on fire.
Senior Advocates of Nigeria Mallam Yusuf Ali and Kunle Adegoke agreed that a forcible removal of the president would not be in the country’s best interest, notwithstanding the insecurities and challenges in different parts of the country.
Ali reasoned that there was no smoke without fire and for the Presidency to have raised such an alarm, it must have had facts to back up the allegation. According to him, any form of governance other than a democratically-elected one is unpopular all over the world.
He said: “It has been shown all over the world that there is no alternative to democratic governance. Over and over again, all the countries that have had military rule have never come out of it better, including Nigeria. Something that we have done and didn’t pay us, I don’t think we should go back to such enterprise.
“Nigeria may have difficulties, we may have challenges but we will overcome all these challenges once our leaders are focused in addressing all the negative issues that led to different agitations and conflicts.
“But changing government by force is not the solution. It is going to compound our problems and it could lead to disintegration of Nigeria itself. So, why do we have to prescribe death for a common cold?”
For Adegoke, those championing military intervention are not being reasonable.
He said: “Some have been expressing the sentiments that maybe there would be a Jerry Rawlings that would come and clean the Augean Stable, we don’t have such. What obtained in Ghana in 1978 when Flight Lieutenant Jerry Rawlings came about, such a situation is not obtainable here.
“We have a military that is highly polarised ethnically, religiously and utterly corrupt. How do you expect such a military to now be the unifying factor that would bring the government that would be progressive in nature? Or is it not the military that brought us to where we are today, with all kinds of nonsense they did when they were in government, including the Constitution that they foisted on us, that we are all saying is a fraud and a charade?
“However we are not unaware that the polity is rife with claims and allegations that there might be a coup against the current government. Such feelings, such allegations will definitely gain momentum in a situation where a democratically-elected government is failing in its duties.”
According to Adegoke, apparently, “what is going on in Nigeria today, except we are going to be deceiving ourselves, is that this government is not performing. So the fear that there might be a military coup or what have you is borne out of such sentiments.
“So, if that is the case, it is out rightly irresponsible for us to be calling for military intervention, by whatever means it is going to come. Whatever a civilian government is failing to do, let us address it. Let us confront them, let us challenge them. They are failing with respect to the issue of security and what have you. Everybody is afraid. We are looking for escape route. In a nation where we grew up, with the little status that we have attained, we are now bringing up such issues. It is not proper. So, to that extent, it is a situation that we all should confront. Let us challenge the government.”
He advised the government of President Buhari to buckle up and do the needful.
“We are talking of assassination here and there, invasion of communities by some people and the government is not able to do something tangible about it. Definitely it is the failure of governance that is bringing such irresponsible suggestions of, maybe, military take-over.
“People have forgotten how much we fought for this democratic dispensation before the military was pushed away. During the days of Babangida, during the days of Abacha and all that we went through,” Adegoke said.
He noted that the only procedure for taking over government recognised by the Constitution was through the democratic means.
Adegoke added: “No matter how irresponsible a democratic government could be, it is still much better than a benevolent military dictatorship. So, I would not subscribe to the idea of a military intervention in whatever form. This government should do the needful.
“All the government needs to do is to gird its loins, be ready to perform its functions. Definitely, we can’t go back to the flesh pot of Egypt.”