#ENDSARS Protest’s Crisis: Suspected Sources Of The Crisis And Recommendations For The Nigerian Governments

By Hameed Ajibola Jimoh Esq.

The  #ENDSARS Protest recently carried out in Nigeria by some Nigerians (majorly the youths) lead to arson, looting and destruction of lives and properties, though the protest had started as a peaceful protest but later turned into criminalities and was reported to have been hijacked by some alleged sponsored miscreants. This paper is of the view that there is the need for the government to investigate the source of these problems and the crisis in order to forestall any of such crisis in the nearest future, hence, this paper aims to recommend suspected sources of the crisis and to make recommendations for the Nigerian governments at all the three arms of government (especially: the Federal and the State Governments) for proactive solutions.

First and foremost, I must first emphasise that: I am not a politician; I am not a member of any political party; and I am not partisan to any political party! Furthermore, I must also state here that this problem or crisis was not created and or originated by the Muhammadu Buhari’s government/administration and not any of the present Governors of the States of the Federation’s and so it was very unfortunate that they became victims of this hypocrisy of the military administration! It is my humble observation that one of the sources of the problems/crisis is the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution! The Constitution no doubt is a document transferred to and or inherited by the democratically elected government from the Military Government in 1999. The military on the transition to a democratic government input some certain dangerous provisions in the Constitution which the democratic government of the then till present (especially the legislatures) have not deemed fit to change! This source as I have recommended and or suspected was also hinted in the statement of the Ex-Military President Ibrahim Babangida in his reported statement/contribution in the Ex-Presidents and the current Nigerian President’s meeting on the #Endsars crisis as reported by Channels Television Station, to the effect that the problem is a long time problem.

The basis of this argument/recommendation/suspicion is first and foremost contained in the Chapter II of the Constitution which provides on the Fundamental Objectives and Directive Principles of State Policy. It is my humble submission and observation that all the agitations of the protesting youths centered on what are contained in the Chapter II of the Constitution. For instance, sections: 14. The Government and the people (for emphasis, section 14(3) of the Constitution provides that ‘14.—(1) The Federal Republic of Nigeria shall be a State based on the

principles of democracy and social justice.

(2) It is hereby, accordingly, declared that— (a) sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority ;(b) the security and welfare of the people shall be the primary purpose of government; and (c) the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution).; 15. Political objectives.; 16. Economic objectives.; 17. Social objectives.; 18. Educational objectives. (Underlining is mine for emphasis). But very unfortunately, Section 6 (6) (c) of the 1999 Constitution has rendered these provisions in sections: 14. The Government and the people; 15. Political objectives.; 16. Economic objectives.; 17. Social objectives.; 18. Educational objectives of the Constitution (supra) non-justiciable or unenforceable! This in my humble view is an hypocrisy deployed by the Military regime against the people of Nigeria (notwithstanding the use of the words ‘We the People of the Federal Republic of Nigeria : HAVING firmly and solemnly resolved : TO LIVE in unity and harmony as one indivisible, indissoluble, Sovereign Nation under God dedicated to the promotion of inter- African solidarity, world peace, international co-operation and understanding : AND TO PROVIDE for a Constitution for the purpose of promoting the good government and welfare of all persons in our country on the principles of Freedom, Equality and Justice, and for the purpose of consolidating the Unity of our people : DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following Constitution…’ used in the introduction to the Constitution! That is why in my humble view, whatever solution provided to end this crisis by the government might just be a temporary one! For instance, the Supreme Court of Nigeria had decided on the unenforceability of the said Chapter II of the Constitution thus in the case of: ENGR. CHARLES UGWU & ANOR. V. SENATOR IFEANYI ARARUME & ANOR. (2007) LPELR-3329(SC) “An enactment is justiciable if only it can be properly pursued before court of law or tribunal for a decision. But where a court or tribunal cannot enforce such enactment then it becomes non-justiciable that is non-enforceable. This means that the executive does not have to comply with the enactment unless and until the legislature enacts specific laws for its enforcement. In Nigerian constitutional law, there are typical examples of such enactments particularly those contained in Chapter II of the Constitution of the Federal Republic of Nigeria, 1999, placed under the caption, ‘Fundamental Objectives and Directive Principles of State Policy’. These are not justiciable, generally, they run subsidiary to the fundamental rights contained in Chapter IV of the 1999 Constitution. See Okogie v. Attorney-General of Lagos State (1981) 1 NCLR 218.” Per Muhammad JSC. Also see the case of: UNIVERSITY OF ILORIN v. ADESINA (2008) LPELR-5072(CA), where the Court of Nigeria held thus “Section 6 (6) (a) and (b) of the Constitution for instance categorically and mandatorily provides as follows:- “(6) The judicial powers vested In accordance with the foregoing provisions of this section – (a) Shall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law. (b) Shall extend to all matters between persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person.To the best of my knowledge, the constitution of Federal Republic of Nigeria 1999 only divests the courts of their adjudicatory powers on any issue or question as to whether any act or omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy as set out in Chapter II of the Constitution; and shall not extend to any action or proceedings relating to any existing law made on or after 15th January, 1966 for determining any issue or question as to the competence of any authority or person to make any such law. See Section 6 (6) (c) and (d) of the 1999 Constitution.” Per AGUBE, J.C.A. (Pp.65-66, Paras.E-D).’. In my humble view, if our government honestly and sincerely desires a lasting solution to this crisis, the provision of section 6(6)(c) must be amended using the provision of section 9(2) of the Constitution (in order to make the Constitution more democratic in its real sense). For emphasis, the said section 9(2) of the Constitution provides thus ‘(2) An Act of the National Assembly for the alteration of this Constitution, not being an Act to which section 8 of this Constitution applies, shall not be passed in either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that House and approved by resolution of the Houses of Assembly of not less than two-thirds of all the States.’ This role in my humble view, is not a difficult one at all! All the legislatures at both the National Assembly and the States’ Houses of Assembly must come together to save all Nigerians and Nigeria form any unforeseen crisis in the nearest future as that of the #Endsars because it is the common man that suffers the repercussions and or failure of these stakeholders in this regard! May God Almighty forbid bad things!

Furthermore, another source/problem which I suspect is that of the issue of ‘lack of locus standi’ that our courts always hold against public interest suits instituted by human and or socio-economic rights activists in order to protect those benefits of the public in the hands of the government. In my humble recommendation, there is need for the National Assembly and each of the State’s House of Assembly to make laws (statutorily) conferring right and or freedom on any Nigerian to be able to institute action in court in respect of public interest matters/actions. In this way, all those issues that would have degenerated into crisis would have been resolved using the judicial machinery rather than instigating the youths to seek self-help or jungle justice in resolving their grievances! In the case of Iyanda v. Laniba II (2003)-LPELR, also cited as Iyanda v. Laniba II (2003)NWLR (pt.801) pg.267@288 paras C-E, the Court of Appeal of Nigeria defined ‘locus standi’ as follows ‘The nature of locus standi of a plaintiff (respondent in this appeal) is a threshold question and what constitutes locus standi of plaintiff was expantiated upon by the Supreme Court in the case of Josiah Kayode Owodunni v. Registered Trustees of Celestial Church of Christ & 3 Ors. (Joined by order of court dated December 1st, 1989 as defendants to counter-claim) (2000) 10 NWLR (Pt. 675) page 315; On denotation of “locus standi”- The term “locus standi” (or standing) denotes the legal capacity to institute proceedings in a court of law. Per Onalaja, J.C.A.’  Also, in the case of AGBOOLA v. AGBODEMU & Ors. (2008) LPELR-8461(CA), the Court further defined what constitutes a ‘locus standi’ thus “The issue of locus standi or standing to sue is indeed primeval and fundamental in any action in court. The law is trite that in our civil jurisprudence, a defendant can impeach the locus standi of a plaintiff under Section 6 (6) (b) of the 1999 Constitution. Once the locus standi of a party is challenged by the defendant, the issue must first be resolved before any other consideration of the matter. The issue can be raised at anytime in the course of trial or on appeal because it is an indirect challenge to the jurisdiction of the court. In law, locus standi denotes the legal capacity based upon sufficient interest in a subject matter to institute proceedings in a court of law to pursue a specified cause. It is a constitutional requirement to enable a person to maintain an action and it is limited to the prosecution of matters relating to the civil rights and obligations of the plaintiff. Put another way, the term entails the legal capacity for instituting, initiating or commencing an action in a competent court of law or tribunal without any inhibition, obstruction or hindrance from any person or body whatsoever, including the provision of any existing law. Oyewumi V Osunbade (2001) FWLR (Pt. 82) 1919; Elendu V Ekwoaba (1995) 3 NWLR (Pt. 386) 704. In the consideration of the challenge to locus standi, the references are necessarily the writ of summons and the averments in the statement of claim. It must be reiterated that when the standing of a plaintiff to institute an action is challenged, the court looks only at the writ of summons and statement of claim. It is the averments in the statement of claim that are paramount. The court shall then consider whether there is a justiciable issue before the court. Ladejobi V Oguntayo (2001) FWLR (Pt. 45) 780; Thomas V Olufosoye (1988) 2 SC 325; Elendu V Ekwoaba (Supra).” Per SANKEY, J.C.A. (Pp.30-31,paras.A-A).

Finally therefore, I humbly recommend and or suspect that the problems of the #Endsars crisis in Nigeria was inherited from the Military imported 1999 Constitution and therefore, the solution lies in the legislatures at both the National Assembly and the States’ Houses of Assembly to amend the Constitution to make the provisions of Chapter II of the Constitution justiciable and or enforceable. Also, another problem is the issue of locus standi principle which is always used against public interest matters to allow any Nigerian to institute an action in court as of right/freedom to enforce public interest matters. Therefore, the National Assembly and the States’ Houses of Assembly should make law (statutorily) to allow and or permit any Nigerian to institute an action in court as of right/freedom to enforce public interest matters. It is my humble submission that if all these two solutions whose fate are now in the hands of the Nigerian legislatures at the National Assembly and the States’ Houses of Assembly are done, Nigeria and Nigerians would be saved of any crisis in Nigeria as experienced in the recent #Endsars protest and I am afraid that any purported solution proffered by the government  aside these two solutions might just be rubbing the solutions on their respective head (and might just only be temporary) rather than permanent solutions! May God Almighty forbid bad things to befall us all in Nigeria and from befalling Nigeria as a nation!

Long live the Federal Republic of Nigeria! God bless the Federal Republic of Nigeria!

Email: hameed_ajibola@yahoo.com