Four Senior Advocates of Nigeria (SANs), Mr Femi Falana, Chief Mike Ozekhome, Mr Ahmed Raji, and Mr John Baiyeshea, yesterday declared that State Governors lacked the powers under the 1999 Constitution, to invite foreign mercenaries to fight terrorism in their States.
The senior Lawyers, who were reacting to a threat by Governor Nasir El-Rufai of Kaduna State, cited Sections 130, 217, 218, 219 and 305 of the 1999 Constitution, which empower the President and Commander-in-Chief of the Armed Forces to deploy the armed forces, which according to them, include mercenaries.
El-Rufai had told journalists that he had informed President Muhammadu Buhari on Friday that the North-West Governors would resort to foreign mercenaries, if the military failed to wipe out the bandits terrorising the region.
But, speaking to THISDAY on the issue, Falana argued that the Governors “are not competent to hire mercenaries to secure any part of Nigeria under the 1999 Constitution”. The human rights Lawyer pointed out that Nigeria has one of the best armed forces in the world, pointing out that the huge funds earmarked for acquiring military hardware, was cornered and stolen by some unpatriotic officers.
He accused the members of the ruling class of diverting the attention of the people, from addressing the problems confronting the country.
The Senior Advocate also lamented the failure of the President to deploy the Nigeria Police Council (NPC) under the 1999 Constitution, to address security challenges across the Federation. He observed that the Constitution “provides for the creation of the Nigeria Police Council made up of the President as the Chairman, the Inspector-General of Police, Chairman of the Police Service Commission and the 36 State Governors.
“The body is empowered to administer, organise and supervise the Nigeria Police. For reasons best known to the Governors, the Council does not meet to perform its constitutional functions”, Falana said. He added that the President has usurped all Police powers in the Federation, because the body does not meet.
Falana insisted that the Federal Government and the State Governments, should fund the security and welfare of the people.
He pointed out that about 15 million out-of-school children “are roaming the streets, ready to be recruited by criminal gangs. These are the challenges of insecurity to be addressed. This is not a job for mercenaries”.
On his part, Ozekhome explained that the engagement of external mercenaries “is akin to the deployment of the military to repel and contain external aggression”.
“It has to do with the command and operational use of the Armed Forces of Nigeria, whether in peace time, war, or under a state of emergency.
“All of this are solely and wholly vested in the President, with some moderation effect by the National Assembly”.
Citing Sections 217, 218, 219 and 305 of the 1999 Constitution, Ozekhome noted that deployment of armed forces or engaging mercenaries “is a purely Federal matter”.
“Only the President of Nigeria who doubles as the Commander-in-Chief, has the constitutional powers to carry these functions out. Even the Police are by Sections 214 and 215 of the 1999 Constitution, squarely under the purview of the Federal Government”.
Given these constitutional provisions, Ozekhome argued that no State Government under Nigeria’s constitutional democracy and legal regime, “can unilaterally act to invite mercenaries to Nigeria”.
“It is ultra vires their powers. Their only resort, is a collaborative rapprochement with the Federal Government. However, they can tackle their State security matters within the permissible limits of our constitutional organogram”, he added.
He lamented the decision of the Northern Governors to oppose the demand of their Southern colleagues, to establish State Police when the farmers-herdsmen crisis was prevalent in the South.
While aligning himself with the position that security of lives and property in any part of the country is the primary duty of the Federal Government, Raji noted that State Governors “are mere glorified Chief Security Officers of their States, in that they have no control over the Police, not to talk of other security agencies”.
On his part, Baiyeshea said: “The State Governors have no powers under the Constitution to recruit mercenaries, but I believe the Federal Government has the power – in some instances with approval of National Assembly – to seek for military assistance or a form of security collaboration or cooperation with some friendly countries, to frontally deal with this issue.
“Nigeria is virtually at war on all fronts, because the criminal gangs are operating everywhere and in every part of the country.
“My advice is, rather than see this as a way to bring the Government down, let all Nigerians join hands together to find a solution to this hydra-headed monster. Fortunately, election time will soon come when Nigerians will be at liberty to choose their new ‘leaders’.
“But for now, we all have the responsibility to ensure that the country exists, to be able to have elections”.
However, another SAN, Mr Dayo Akinlaja, differed with his colleagues, saying that the Governors, because they are Chief Security Officers of their States, can use any method to tackle the issue of insecurity, including the hiring of mercenaries.
Akinlaja however, stated that such arrangements should be done in agreement with the National Security Adviser (NSA).
“The Governors are constitutionally said to be the Chief Security Officer of their States. To that extent, it is arguable that they can call in aid the services of mercenaries, to protect their States. But, I suppose they would need to clear with the office of the National Security Adviser,” he said.
Culled from Thisday
