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ECOWAS Vs Niger Republic: Is peace the opposite of War?  (Part Two)

ECOWAS Vs Niger Republic: Is peace the opposite of War?  (Part Two)

By Dr Jimoh Ibrahim CFR
Senator of the Federal Republic of Nigeria
The events we saw from the first, second and ongoing Cold War suggest that war is ingrained in all of us, yes, there may be no scientific proof or empirical evidence, but it is not the case that when science speaks, the truth comes out! One scientific theory, after clinical trials and proof of evidence, which suggests that all swans are black, is no longer valid. At least there are now brown swans found in Igbotako, Ondo state! It is not the case that War is new to any continent or the entire human generation in the geocentric system.
Still, it confirmed that those born after 1967 (the Biafra War) have never experienced war and have been taking caution in the narrative left for them by their parents. Yes, more stories of war every day and Fresh narratives of human insecurity also come from the Manchuria crisis (1931) and the Abyssinia crisis (1935) case of Iraq’s (1991) intervention for national security: the cases of Bosnia (1995) and Afghanistan’s (2001) intervention for human security: the case of Kosovo (1995) intervention after R2P: the case of Darfur (2008). Again, the case of Russia in Ukraine. If we are looking for peace in those countries, it is also the case that those wars have not led to peace, and if we are to end the war in those countries, it is not the case that absolute peace has now returned! That may be why war is an unavoidable part of human existence.
 A Harvard psychologist Stephen Pinker saw not too clear a picture when he said, “If the idea that war is part of human nature is not scientifically supported, alternative futures open. If more people work for prevention, the eventual eradication of war is a definite theoretical possibility.” What is impossible is that those who want peace think they do not need war! Those who think we can stay in a world full of peace for as long as we keep praying, the good lord will grant us that much desire for peace is not only psychologically playing, for at least they are theorising!
It will certainly not be possible to prevent ECOWAS from military action in Niger Republic because war is ingrained in everyone, and most soldiers and officers recruited for the military actions were born post-1967! The desire and expectations are high let’s not argue the political celebration of winning for now. Still, at least in the classical days, hegemonic leaders who fought and won wars were celebrated, and it is not the case that these feelings have left us.
ECOWAS may create peace in Niger Republic starting with War, but perhaps not in the short run. It could be argued that never again will there be a Military overthrown of a democratically elected government, at least in the eye of the democrats, if the military action succeeds. But is ECOWAS going to the Niger Republic to fight a war? We are asking because of democratic peace theory (apologies to Immanuel Kent). Liberals and Republicans will not go to war with another liberal. They will hesitate to engage in Armed conflict. It could also be the case that democratic peace theory dies with Immanuel Kent!
To ECOWAS, whatever the pains of intervention, the need for community alliance is imperative to human security, and the military junta cannot provide that much top level of security in the value stick of the apparatus of Government in the Niger Republic in contemporary times. States are considered most secure when war is unthinkable between them. Interestingly, the term unthinkable appears in policy discourse with nearly the opposite meaning, referring to wars that are eminently possible but horrifying to contemplate, such as war with a nuclear Iran. I only hope there is no nuclear weapon coming from anywhere in this community affairs, or is Russia holding meetings? For ECOWAS, it is a matter of “we-feeling” on the part of the participating countries or an imperativeness for security alliance! ECOWAS is addressing dependable expectations of peaceful change!
Those who do not support the military action argued that intervention violates Article 2 (4) non-use of force and, more specifically, Article 2 (7) of the UN constitution for non-intervention in the internal affairs of another country to which all ECOWAS countries are members. The challenge here is to ask whether the UN security council, by Article 51, have not transferred her power to ECOWAS concerning regional peace to ‘prevent and punish’ where there is genocide and breach of international peace. The question to ECOWAS is, do we have such in Niger Republic? ECOWAS will breach those chapters as the US did in Iraq! Again, one may ask the UN what became of resolution ES‑11/4 concerning Ukraine, passed in March 2022 and adopted on 7th April 2022, with overwhelming votes of 143 in favour and five against 35 abstaining, demanding that Russia withdraw its forces from Ukraine. The intention is to give way to resolving emerging crises. The resolution demanded “immediately, completely and unconditionally withdraw” The council considered the invasion a violation of Ukraine’s territorial integrity and sovereignty. The question remains “Is the Niger Republic a sovereign State such that military action is made impossible?
is sovereignty not hypocrisy? Apology to Steven Krasner. See part three of this article. If you miss any part, send an email requesting the missing part to my University of Cambridge life email address ifj21@cantab.ac.uk
Jimoh Ibrahim holds BSc (with Honours) in International Relations from the London School of Economics LSE, the University of London. He holds other University degrees from the University of Cambridge, Oxford, Harvard, and Ife, including two PhDs. He is currently at the 10th National Assembly of the Federal Republic of Nigeria as a Senator representing Ondo South senatorial district.
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others from collecting life pensions or face legal action SERAP tells Tinubu Stop Wike Umahi

Stop Wike, Umahi, others from collecting life pensions or face legal action, SERAP tells Tinubu

 

Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to “publicly instruct the former governors who are now serving as ministers in your administration to stop collecting life pensions, exotic cars and other allowances from their states while they serve as ministers.”

 

SERAP urged him to “instruct the former governors to immediately return any pension and allowances that they may have collected since leaving office to the public treasury.”

 

The following former governors are now ministers in the Tinubu administration: Badaru Abubakar; Nyesom Wike; Bello Matawalle; Adegboyega Oyetola; and David Umahi. Others are: Simon Lalong; Atiku Bagudu; and Ibrahim Geidam.

 

In the letter dated 19 August 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The appointment of former governors who collect life pensions while serving as ministers is implicitly forbidden by the Nigerian Constitution 1999 [as amended] and the country’s international legal obligations.”

 

SERAP said, “You would be acting in the public interest by stopping former governors now serving as ministers in your government from collecting life pensions, especially given the current grave economic realities in the country.”

 

The letter, read in part: “If the ministers that the president appoints are those who collect life pensions rather than serve the public interest, then that may show little about the conduct and integrity of the ministers, but speak volumes about the exercise of presidential power of appointment.”

 

“Nigerians will judge you in part by the conduct, integrity and honesty of the ministers that you appoint to work in your government. Ultimately, the success of your government would depend on the conduct of the ministers that you appoint.”

 

“While many pensioners are not paid their pensions, former governors serving as ministers get paid huge severance benefits upon leaving office, and are poised to enjoy double emoluments on top of the opulence of political office holders.”

 

“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.”

 

“The exercise of your power of appointment ought to reflect ethical and constitutional safeguards and requirements, and the fundamental principles of integrity and honesty.”

 

“Stopping the former governors from collecting double emoluments would be entirely consistent with the proper exercise of your constitutional power to appoint ministers.”

 

“Stopping the former governors from collecting life pensions would ensure that the country’s wealth and resources are used for the common good and benefit of the socially and economically vulnerable Nigerians rather than to satisfy the opulent lifestyle of a few politicians.”

 

“Instructing the former governors now serving as ministers in your government to stop collecting life pensions from their states would also improve public confidence in the integrity and honesty of your government.”

 

“Constitutional oath of office requires public officials to abstain from all improper acts, including collecting life pensions, that are inconsistent with the public trust and the overall objectives of the Constitution. A false oath lacks truth and justice. The oath statements require the oath takers to commit to uphold and defend the Constitution.”

 

“According to our information, the following former governors are now ministers in your administration: Badaru Abubakar (former governor of Jigawa State and Minister of Defence); and Nyesom Wike (former governor of River State and FCT Minister).”

 

“Others include: Bello Matawalle (former governor of Zamfara State and Minister of State for Defence); Adegboyega Isiaka Oyetola (former governor of Osun State and Minister of Transportation); and David Umahi (Minister of Works).”

 

“Others are Simon Bako Lalong (former governor of Plateau State and Minister of Labour and Employment); Atiku Bagudu (former governor of Kebbi State and Minister of Budget and Economic Planning); Ibrahim Geidam (former governor of Yole State and Minister of Police of Affairs.”

 

“The states currently implementing life pensions for former governors reportedly include Jigawa, Kebbi, Jigawa, Ebonyi, Yobe, and Rivers. Many of these states owe workers’ salaries and remain the poorest in the country.”

 

“Several of the pension laws in these states include provisions for six cars every three years, a house in Lagos worth N750 million, and another in Abuja worth N1 billion, unrestricted access to medical attention, and pensionable cooks, stewards, and gardeners.”

 

“Other provisions 100 per cent annual salaries of the incumbent governor, security operatives and police officers permanently assigned to former governors.”

 

“SERAP notes that in your inaugural speech as president you promised that your administration will be guided by ‘the principle of the rule of law, a shared sense of fairness and equity’, and that ‘Nigeria will be impartially governed according to the constitution.’”

 

“These commitments are consistent with your constitutional duties under sections 5, 130 and 147, and oath of office, under the Seventh Schedule to the Constitution of Nigeria 1999 (as amended).”

 

“By the combined reading of these provisions, your government has a legal obligation to appoint as ministers former governors whose conduct is entirely consistent and compatible with constitutional and international legal requirements.”

 

“These constitutional provisions also require you to instruct the former governors to stop collecting life pensions and to return any pensions collected to the public treasury.”

 

“The country’s international legal obligations especially under the UN Convention against Corruption also impose a legal commitment on public officials to discharge a public duty truthfully and faithfully.”

 

“Life pensions for former governors serving as ministers are entirely inconsistent and incompatible with the Nigerian Constitution and the country’s obligations under the UN Convention against Corruption.”

 

“The convention specifically in paragraph 1 of article 8 requires you and your government to promote integrity, honesty and responsibility in the management of public resources.”

 

“Furthermore, Justice Oluremi Oguntoyinbo in a judgment dated 26 November, 2019 also indicated that double emoluments for former governors are unacceptable, unconstitutional and illegal. Indeed, former governors collecting life pensions while serving as ministers would clearly amount to taking advantage of entrusted public positions.”

 

“‘Public function’ means activities in the public interest, not against it. The alleged collection of life pensions by former governors now serving as ministers amount to private self-interest or self-dealing. It is also detrimental to the public interest.”

 

 

 

Kolawole Oluwadare

SERAP Deputy Director

20/8/2023

Lagos, Nigeria

Emails: info@serap-nigeria.org; news@serap-nigeria.org

Twitter: @SERAPNigeria

Website: www.serap-nigeria.org

For more information or to request an interview, please contact us on: +2348160537202

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