*Calls on security agencies to conduct thorough investigation to make the perpetrators face the wrath of the law
*Urges FG to declare State Of Emergency On Insecurity in Nigeria
*Calls on President Buhari to sack the current service chiefs and to declare the armed Fulani Herdsmen a Terrorist Group
*Calls On the Executive arm of government to refrain from disobeying court orders and to respect rule of law

The Makurdi Branch of Nigerian Bar Association (NBA) has called on President Buhari to declare a state of emergency on insecurity in Nigeria

This is contained in a speech of the Branch Chairman, Justin Gbagir, at the valedictory court session in honour of late Moses Ishimayam Udam

The deceased was murdered by gunmen on the 15th December, 2020 alongside his 7 months pregnant wife, Mrs. Nkechinyere Udam who was allegedly raped before being killed. The youngest sister of the deceased was grievously wounded and is currently on admission in the hospital. The gunmen also vandalized the household items including cars and carted away valuable items including laptops, handsets, and others. The gunmen allegedly carried out the entire operation between 30 minutes to one hour without any intervention by security agents.

Gbagir, the NBA Branch Chairman, noted that security and welfare of people is the primary purpose of government and failure to protect the citizens by government renders the government a “failed government”.

He decried the insecurity bedeviling the country and observed that such situations questions the social contract between the government and the citizens.

He said, “It is worthy of note that the 1999 Constitution of the Federal Republic of Nigeria by Section 14 (2) (b) clearly provides that; ‘The security and welfare of the people shall be the primary purpose of government’. Government is constitutionally mandated to guarantee the security of the citizenry. This implies that if government fails to perform this constitutional obligation with utmost dedication, it will inevitably become a failed government. Nigerians have been experiencing multifarious threats to peace. Incessant violent attacks and crimes have dimmed the prospects of attaining national cohesion, socio-economic prosperity, and democratic consolidation. Terrorism by Boko Haram in the North East, Armed Bandit in the North West and the Marauding Fulani Herdsmen in the North Central, and the sprouting up of ethnic militias across the six geopolitical zones have quashed all hopes that every Nigerian can experience freedom from fear of violent attacks.

“The state of insecurity in Nigeria and the inaction of the federal government that controls all the security commands to deal with the situation questions the essence of social contract between the citizenry and government, which is predicated on the centrality of security to human flourishing and happiness. Under the social contract, citizenries willingly abdicate their rights of self-protection to government, thereby, authorizing it to enjoy monopoly of force. The social contract envisages that government will evolve veritable mechanisms to prevent, abate, and resolve violent external or internal conflicts perpetuated by state or non-state actors”

The Branch Chair kicked against the call for citizens to owe guns for self-defence. According to him, abundance of guns makes it easier for people to kill others. “Even legally owned weapons can lead to tragic deaths, they can be stolen and end up in the hands of criminals. Guns in families all too often end up being accidentally and lethally used by children. Advocating for private individuals to owe guns to defend themselves is a clear message that there is no need for government whose primary responsibility is to protect the citizens. It also negates the amnesty programme of the current administration of Governor Samuel Ortom in his first term when he granted amnesty and collected several arms and ammunition from private citizens.” he said

Gbagir conceded that true security does not necessarily mean the nonexistence of threats or vulnerability to harm. Rather, he said, it “refers to the presence of a functional mechanism, and pool of expertise to deftly and promptly respond to threat, public danger and uncertainty.”

Therefore he called for the revamp of the national security architecture to deal with threat promptly, objectively, and expertly. He also called for declaration of state of emergency on security in Nigeria

He said, “It is on this note that I cease this opportunity to once again call on President Buhari to declare a state of emergency in the security sector in Nigeria in order to adequately address the degenerating security situation in the country, sack the current service chiefs and others appointed in their place to inject fresh blood and ideas in the security architecture of our country, declare the armed Fulani Herdsmen a Terrorist Group and treat them as such in order to adequately tackle them as a threat to the security of this nation, recruit more security personnel and empower our security institutions with modern and sophisticated gadgets to combat the rising wave of crime in our society.”

Furthermore, the NBA Branch Chairman expressed dismay on disobedience to orders of courts by the Executive. He said the Court has not only been viewed as the last hope of the commoners, but could aptly be described as a strong shelter in times of oppression or repression. So, for the Court to appropriately discharge its constitutional functions, the Orders made by the Court must be promptly and appropriately complied with, such that the beneficiaries enjoy the fruit of their hard won victory.

“Unfortunately My Lords, disobedience of Court Orders by Nigerian Government is a common phenomenon in the Nigerian polity despite that the courts are the life-blood of democracy, fairness, and rule of law. Nigerian Governments both at federal and states are notorious in disobeying and disregarding Court orders with utter disdain. In law, there is no justification for disobeying court orders. When a court order has been given either rightly or wrongly, the order must be obeyed. It is unlawful and unconstitutional to disobey Orders of the Court even if it is perverse. When the governments are law breakers, it invites every citizen to be a law unto himself. In Nigeria, where the rule of law is embodied in the Constitution, self- help or disobedience of court orders is not available to the government in view of the fact that such disobedience can breed anarchy and totalitarianism which are antithesis to democracy, rule of law and due process. The current situation where orders of Court are challenged and openly criticised in open spaces and social media platform is appalling and condemnable.” he said

He urged the executive arm to refrain from self-help, but to rather seek redress from court when it has grievance.

According to him, “adherence to the Rule of Law by government is not a matter of rhetoric, but a systemic entrenchment of an independent judiciary to serve the people. A poor-funded judiciary breeds poor members, intellectually and rationally who do not care about efficiency, honesty or integrity. The poor state of Nigerian judiciary and its catalogue of disclosed and undisclosed unprofessional allegations, corruption, bribery and judgment procurement is not unconnected with its poor funding; so also the poor performance of some of the judges at state and federal level. The Nigerian Bar Association can no longer be an onlooker in this dangerous game and antics to systemically pocket and pulverized the judiciary. The Bar henceforth shall be up and doing in its responsibility of defending the judiciary and members of the Bar. Attempts to bully and intimidate members of the judiciary and members of the Bar to deter and dissuade them from performing their legitimate responsibilities will be resisted by all legal means. Failure to do this will be a monumental failure and neglect of the Bar’s responsibilities as officers in the hallowed temple of justice, and the promoter of the Rule of Law.”

In conclusion, Gbagir decried the mortality rate of lawyers in the branch. He said in the year 2020 alone those that have died include Christy Anagende, Hembaor S. Sendeve, Esq and Moses Udam, Esq. He therefore called for justice not only to Moses Udam, but the society at large.

“The security agencies and the judiciary are key and strategic in the quest to get this justice. This also explain the long epistle concerning the security agents and the judiciary above. The Bar has already submitted letters of Complaint to the Commissioner of Police and the Director of Department of State Security Service to demand for an intensive and thorough investigation into this gruesome murder. Unconfirmed news from the grapevine has it that some people have been arrested in connection with the murder of our deceased colleague. The Bar will follow-up with the security agencies to ensure that perpetrators of this dreadful and heinous crime are brought to Court to face the full wrath of the law.”

Download The Full Speech Here