Clampdown on secessionists: After Kanu, FG tightens noose on Igboho

• He’s A Wanted Man- DSS
• Lawyers Differ On Approach
• Move Might Heighten Tension In Polity, Nzuko Umunna Warns
• Apprehension In Lagos As Igboho’s Supporters Insist On Holding Rally Today
• Police In Show Of Force, Warn Organisers

After successfully re-arresting and re-arraigning the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, in court for the continuation of his trial, the Federal Government is tightening the noose around another secessionist, Chief Sunday Adeyemo, aka Sunday Igboho. 
 
The invasion of Igboho’s Soka residence in Ibadan, Oyo State, in the early hours of last Thursday, by a joint team of security operatives, signaled a renewed determination on the part of the government to clampdown on those seeking the breakup of the country. 
 
Although Igboho escaped during the raid, which led to the death of two people while 13 others were arrested, the government has declared that there would be no hiding place for him and his cohorts. 

“Sunday Adeyemo, aka Sunday Igboho is now on the run. Igboho may run as far as he can. He may hide as long as he wants. He might have attacked security operatives as his strength carried him. But this will be the end of his shenanigans. Soon, he will not have a hiding place. His strength will sure fail him. And the law will catch up with him. The law may be slow. But it will be steady.
 
“Consequently, Adeyemo/ Igboho is advised to turn himself in to the nearest security agency. Those cheering and eulogising him may appeal to or advise him to do the needful. He should surrender himself to the appropriate authorities. He or anyone can never be above the law,” DSS spokesperson, Peter Afunanya, had declared. 
 
Reacting to the development, many notable Yoruba leaders and organisations roundly condemned the move, with some of them declaring that it was insensitive and an attack on the Yoruba. 
 
But a lawyer and human rights activist, Mr. Malachy Ugwummadu, yesterday, explained that there was a clear distinction between self-determination and criminality. 
 
Ugwummadu, who was asked to comment on the onslaught against leaders of separatist agitators by the government, said: “There must be a clear distinction between self-determination and outright criminal activity. Self-determination is a right, which the Federal Government subscribed to under the United Nations Declaration Character of 1948. When self-determination resorts to mayhem and violence, it is then no longer a legitimate demand but an outright criminal activity. That is actionable. The two persons you mentioned are pushing a separatist agenda but using violent means.”

Speaking in the same vein, the Chairman, Young Lawyers Forum (YLF) Ikeja NBA, Nurudeen Temilola noted that the right to self-determination is not the same as secession.

His words: “To clearly answer that question, I think it is proper to lay a good foundation. First, the 1999 Constitution of the Federal Republic of Nigeria (as amended) does not recognise the rights of any of the federating units to form its own independent government or ‘secede’ from the country.

“Section (1)(1) made the Constitution supreme to the extent that it shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria. Sub (2) further provides that the Federal Republic of Nigeria shall not be governed or allow any person to take control of the government except in accordance with the Constitution. Section 2(1) of the Constitution also provides that the country shall be one indivisible and indissoluble sovereign state. Sub (2) to also states that Nigeria shall be consisting of states and the FCT. Section 3 now named the 36 states and areas it convers in Part 1, First Schedule to the Constitution.

“The combined effect of the above provision of the highest law in the land is that before you can take control of any part of the areas, states or the whole of Nigeria, it must be in accordance with the provisions of the Constitution. Therefore, any attempt or attempted attempt to take control of any part of the ‘Federal Republic of Nigeria’ in manners not permitted by the Constitution is an offence against the state. By the state here, I mean the government of the Federal Republic of Nigeria. Such conduct will be seen as an attempt to take over government, referred to as treason.”

Explaining further, Temilola said: “Section 37 of the Criminal Code CAP C38, Laws of the Federation of Nigeria (LFN), 2004 defines conduct that can lead to treason as the action of any person who levies war against the state in order to intimidate or overawe the president or governor of a state. The offence is punishable by death.

“I must quick to point out here that the right to self-determination, which is the right of people to self-actualisation, taking control of destiny and achieving the apogee of their desire, is not the same as secession. The 1999 Constitution of the Federal Republic of Nigeria (as amended) in Section 5 vested the powers to implement any law made the National Assembly in the Executive and mandated them to protect the Constitution.”

On his part, a former chairman of the NBA, Ikeja Branch, Shina Ogunlana, said the approach the government was using against agitators for self-determination was wrong.

Ogulana said: “Strictly speaking, legally, the Federal Government is wrong with its approach against agitators of self-determination. What is secession? It means the union between two people can no longer hold or be sustained, that is, one party or person does not want to be part of you again. Therefore, it cannot, in itself, be a criminal act or offence. However, it is the way you (the agitator) do it that could be a problem.

“For instance, a man and woman (husband and wife) may decide to go their separate ways and oftentimes, they go about this in a legal way. The agitations of the Nnamdi Kanu-led IPOB can be viewed from two perspectives: the pre-fly, that is, before he ran away, and the post fly, that is, before his eventual re-arrest by the government through collaborations of some other international security agencies. The demand of his organisation before he ran away, perhaps for safety, is legitimate and fair enough. However, when the agitation became violent and against the government, government officials and public utilities, it is no longer legal. I think they should be legitimate with their conduct as they have rights of expression, which is guaranteed within the purview of the law, locally and internationally.

“It is also the same thing for Sunday Adeyemo, who is better known as Sunday Igboho. His call and demand for the Yoruba nation alongside other well-meaning Yoruba indigenes is a legitimate demand. Within the national law, it is regarded as freedom of association, while in the purview of international law, it is known and regarded as a right to self-determination. It is a matter of semantics.

“For instance, some people in Benin Republic who feel they have more of their people in Nigeria have the right to demand to join their people in Nigeria, and they can only do this legally or legitimately. Even Moses of the Bible led a self-determination or what you call secession protest, when he asked Pharaoh to let the Israelites go. And we know how Pharaoh would accept and later rescind his decision but at last he let them go. So, if Moses cannot be condemned, there is no reason hunting down people who are today likened to Moses, and they are saying that the union called Nigeria no longer favours them and their people. I believe Sunday Igboho and his supporters have been maintaining this position.”

Also, a lawyer and Emeritus President of Aka Ikenga, Chief Goddy Uwazuruike, has said that the clampdown on secessionists by the Federal Government was akin to denying Nigerians freedom to speech, movement and association.

He said: “The clampdown on the leaders of those who do not agree with the government is political. Nnamdi Kanu has been brought back to Nigeria by means, which only the government can say, and from what we can deduce by illegal means. Because, before you bring somebody, it has to be by extradition. Anything short of that is by the man willingly giving himself up. So, if Nnamdi Kanu was abducted from any country, it is an offence. The International Criminal Court of course will have something to say about that.

“Now, in the case of Sunday Igboho, you invaded his residence, you destroyed his property. Whether you captured those people there or you kidnapped them, it is still illegal. In this country, we have time to execute a warrant and I do not think that the government of the day had a warrant to arrest Sunday Igboho or search his home. In any case, execution of any warrant under the civil processes must be between 6am and 6pm and not at night. You remember the time they went for Orji Kalu’s mother in the night and the court said no, that you don’t execute a warrant in the night. They therefore declared it is illegal.

“The implication of clamping down on those who do not agree with the government means that the government is tightening our rights to freedom of association, of speech, freedom of movement and freedom to own property. In other words, the fundamental rights of Nigerians are being trampled on.”

MEANWHILE, an Igbo socio-professional and intellectual think-tank group, Nzuko Umunna, has declared its solidarity with Yoruba nation over the sting operation on Igboho’s residence by the DSS.

This is even as there is apprehension in Lagos State following the declaration by Igboho’s supporters that their planned mega rally in the state today will go ahead despite several warnings by the police.

In a statement tilted, ‘Igboho: ‘We Stand In Solidarity With Yoruba Nation’ signed by its Executive Secretary, Mr. Joe Odumuko, Nzuko Umunna said it was deeply concerned concerned about the ‘attack’.

The statement read: “It is even more worrisome that the State Security Service/ Department of State Services (DSS) has admitted that its operatives “raided” Igboho’s residence and “gunned down” two persons “while the rest were subdued and arrested.”

“Nzuko Umunna observes with deep concern that ‘sting operations’ by Nigeria’s security agencies has become synonymous with predictable bloodletting, contrary to similar operations in other climes. We recall the raid on the Afara-Ukwu home of the leader of the Indigenous Peoples of Biafra (IPOB), Mazi Nnamdi Kanu and the more recent attack on the residence of his lawyer, Mr. Ifeanyi Ejiofor. The seeming impunity and lack of accountability for these killings by security operatives may have emboldened this unacceptable breach of globally accepted rules of engagement. This must stop! The Department of State Services (DSS) must operate within the ambit of Nigeria’s Constitution and laws, more so as the Service admits that no one or entity can be above the law.

“The events of the last few days are grave and troubling, and can only worsen the heightened socio-political barometer of the polity. We totally deplore the seeming onslaught on rights activists and regional agitators. This feeds into the worrisome but widespread view that there is a deliberate attack on progressive elements in order to further shrink the civic space. Nzuko Umunna is highly worried by this situation, and urges the Federal Government to immediately pull back its agents from this state of affairs.

“Nzuko Umunna stands in solidarity now and at all times with all rights activists and especially the Yoruba Nation in their quest for justice and equity.”

IN a post on his Facebook page yesterday, Igboho’s spokesman, Olayomi Koiki, vowed that nothing could stop them from holding the rally.

“I heard that the commissioner of police said no rally will hold, tell them to expect us. We will know who owns Lagos on Saturday between Yoruba people or Sanwo-Olu or police. We will all meet on Saturday during the rally.

“If everything will be ruined, let it be on Saturday. They have the choice of letting us have our protest peacefully or causing violence. Police should be held responsible for any violence. Let us take all our grievances to Ojota at 9.00am on Saturday,” he said.

The umbrella body of Yoruba self-determination groups, Ilana Omo Oodua (IOO) also reconfirmed that the rally would hold as planned.

A renowned Historian and Second Republic member of the National Assembly, Professor Banji Akintoye, heads the group.  Meanwhile, the group, in another letter to the Lagos State Commissioner of Police, Mr. Hakeem Odumosu, which was copied to the Governor of Lagos State, Mr. Babatunde Sanwoolu by its General Secretary and Legal Adviser, Arc. George Akinola and Barr. Olasupo Ojo respectively, urged the Lagos State Police Command to ensure that the rally is peaceful, orderly and not hijacked by hoodlums as earlier insinuated by police. 

In a statement made available to journalists by the group’s Communications Manager, Mr. Maxwell Adeleye, the group said: ‘’Our rally scheduled to hold on Saturday will still hold without any fear or intimidation and we promise to be peaceful like we have always been.

“We have been peaceful, orderly and lawful at everywhere we have visited. Therefore, we call on the Lagos State Police Command to ensure that hoodlums do not hijack the rally. 

“We are happy that the Police already know that hoodlums are likely to hijack the rally. Now, we call on the police to ensure such does not happen like it didn’t happen in Ekiti, Ondo, Osun, Oyo and Ogun States respectively where we’ve held our rallies. 

“It is the duty of the Police to safeguard our peaceful demonstration and protect us. On our own part, we promise to cooperate with the police towards ensuring that the rally is peaceful and orderly.” the statement noted.

The Lagos State Police Command was, however, adamant that no rally would hold in Lagos today and embarked on a show of force around the state with other security agencies yesterday.

The Command and the Lagos State government had on July 1, warned the organisers of the rally, scheduled at Gani Fawehinmi Freedom Park, Ojota, Lagos, to steer clear of the state.

According to the state’s police spokesman, Olumuyiwa Adejobi, the police gave warning based on available intelligence and the need to forestall any breakdown of law and order.

“The Command and other security agencies, including the Nigerian Army, Nigerian Security and Civil Defense Corps, Federal Road Safety Corps and Department of State Services have however put measures in place to prevent any act of lawlessness, oppression and intimidation, of any kind in the state on the said date, 3rd July, 2021 and beyond, as Lagos State cannot afford to record and experience the violence orchestrated by some individuals during the 2020 #EndSARS protest that led to massive destruction of lives and properties in the state.

“The Command still reiterates its stance that anyone caught participating or facilitating the so-called mega rally in Lagos State will be dealt with within the ambits of the law,” he said.