Oyo state: Governor Seyi Makinde and the question of security by Seye Eyitayo

Editor's note: Public affairs analyst, Seye Eyitayo, writes on the security situation in Oyo state and the moves by Governor Seyi Makinde to address them less than 100 days into his administration, praising the state chief executive for his swift approach in handling the issues.

Read below:

It is not in doubt that PDP’s governor Seyi Makinde of Oyo state, is one of the shining lights in Nigeria’s current democratic dispensation. Less than 100 days into his administration, his words and actions have caught the attention of social commentators and political watchers.

Although some of his actions such as the sacking of local government council chairmen and the dissolution of Oyo state Independent Electoral Commission board, have been seen as controversial, these actions show he is not shy about rattling the status quo. Depending on whom you ask, this disposition is either positive or inherently displeasing.

One thing, however, holds, Seyi Makinde has never been dodgy nor has he blatantly pandered to any section of the population. Of course, he is expected to be loyal to his party and the coalition of opposition parties that supported his election, but when it comes to issues of governance, he has always made his stand known, unequivocally. During the campaigns, he told the people of Oyo state he could not pay the new minimum wage, at a time when other governorship aspirants would have thought this political sui*cide. Perhaps, his enviable status in the private sector before going into politics is partly responsible for his brave and dispassionate views.

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So, when on July 28, 2019, he revealed he was working on a new security architecture to keep Oyo state people safe, in response to the officiating minister’s (St Paul’s Anglican Church) appeal to beef up security in the state, it again caught the attention of watchers of his administration. His announcement may have come as a surprise to some, but followers of GSM, as he is fondly called by his supporters, must have been expecting this.

During his campaign, he made it clear that he was in favour of state policing and was going to work towards its actualisation. More recently, at a forum on security organised by the Development Agenda for Western Nigeria (DAWN) commission, he restated his commitment to community policing. He said, “Here in Oyo state, we support state police. We speak with one voice.” He also drew attention to barriers preventing governors from carrying out their constitutional responsibility to the fullest measure. But, he reiterated that “as governors, it is [their] responsibility to ensure that everyone in [their] midst, indigene or alien resident is assured of the security of their life and property.”

The more important question is, how does he hope to build a security architecture for his state when the constitution does not support state policing? Nigerian laws are clear concerning how the Nigeria police may operate. They are to take directives from the Inspector General of Police (IGP), who is under the direction of the president. Although, the governor may give orders to the Commissioner of Police (CP) of his state, the commissioner may comply, “Provided that before carrying out any such directions under the foregoing provisions of this subsection the CP may request that the matter be referred to the president or such minister of the government of the federation as may be authorised in that behalf by the president for his directions.”

Herein lies the conundrum. In theory, the governor has authority over the CP, in practice, the governor is at the mercy of the IGP and the president. Interestingly, the last subsection in Section 216 adds a stunning caveat, “The question whether any and if so what, directions have been given under this section shall not be inquired into in any court.” So, the governor may give the CP an order, the IGP overrides it in the interest of ‘National security,’ and there can be no judicial inquiry into it. These are powers guaranteed by the Nigerian constitution.

Admittedly, the Nigerian Constitution is problematic on several fronts. It is hardly a perfect document. But it is the working document by which every citizen of the country must abide. So when situations arise, a thinking governor will find ways to work with the constitution in resolving issues. After two decades of democracy, there are precedents to review showing how other governors have overcome these obstacles. In Lagos state, Lagos State Transport Management Authority (LASTMA) was set up as an alternate traffic police, and Kick Against Indiscipline (KAI) was set up to war indiscipline. In Kano state, the Hisbah police enforces Shariah laws. In Borno State, we have the Civilian Joint Task Force. There are the Oodua People’s Congress in the southwest, Bakassi group in the southeast and various vigilante groups across Nigeria.

Each of these groups possesses two main characteristics. First, they operate within the ambit of the law. The state legislature passed laws to make their existence legal. Second, where they do carry arms, they are of a specific type, often non-lethal or “humane” killers. Although the Nigerian Firearms Act 1990, prohibits the use of firearms by any persons unless they have a license as authorised by the president, some guns do not make the banned list. These include, “automatic and semi-automatic shotguns; shotguns provided with any kind of mechanical reloading device; sporting rifles, air-guns, air-rifles or air-pistols and humane killers of the captive bolt type. Dane-guns, flint-lock guns and cap guns.”

So, what will Governor Seyi Makinde do?

In the immediate, he is most likely to send a bill to the state assembly requesting the formation of a state vigilante group. Given the peculiar security situation in the state, he will most likely incorporate local hunters in this group. They will most likely be armed with firepower. It is unlikely that they will be tackling kidnappers and other criminals with sticks and batons. It is also possible that he will request that the state commissioner of police detach men that will work with the local vigilante. Although this might be tricky given that he is an “opposition” governor, it is still a shot.

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In all, it can be argued, given the prevailing security situation in the country, that there is a need for amendment of the laws not only regarding state policing but the deregulation of the use or ownership of weapons. If criminals know that the people they are attacking are likely armed, they will be more cautious about attacking them.

As Cheta Nwanze, Lead Partner at SBM Intelligence and head of the research desk once wrote, “The fact of the matter is simple and all too human (read--common sense): the police, no matter how good, will never be able to adequately and proactively protect you, the average citizen. Self-defence is a human right, and the Nigerian government taking away the only way to adequately protect oneself against an armed attack is tantamount to allowing murder.”

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