RE: A Constitutional and Moral Rebuttal to the Call for Emergency Rule in Benue State -By Leonard Karshima Shilgba

FROM: PROF.  LEONARD KARSHIMA SHILGBA

TO: HIS EXCELLENCY, DISTINGUISHED SENATOR BOLA AHMED TINUBU, GCFR, PRESIDENT AND COMMANDER IN CHIEF, FEDERAL REPUBLIC OF NIGERIA

 

Your Excellency,

RE: A Constitutional and Moral Rebuttal to the Call for Emergency Rule in Benue State

I write as a concerned citizen and stakeholder in the peace, unity, and constitutional integrity of our nation. Recent calls for the declaration of a state of emergency in Benue State, ostensibly to address security challenges, warrant a careful, factual, and constitutional examination.

1. Constitutional Provisions and Precedents:

Section 305 of the 1999 Constitution (as amended) outlines specific conditions under which the President may declare a state of emergency. These include situations where there is:

* A war or imminent danger thereof;

* A breakdown of public order and safety requiring extraordinary measures;

* A clear and present danger of such breakdown;

* An occurrence or imminent danger of any disaster or natural calamity;

* Any other public danger threatening the existence of the Federation. ([Jurist] [1], [Nigerian Bar Blog] [2], [Factsheet] [3])

 

Historically, declarations of emergency have been reserved for situations where the state machinery is incapacitated. For instance, in 2004, President Obasanjo declared a state of emergency in Plateau State due to escalating ethno-religious violence that resulted in over 2,000 deaths.  Similarly, in 2006, a political crisis in Ekiti State led to the imposition of emergency rule. ([PM News Nigeria] [4], [aalawsng.com] [5])

 

In contrast, the current security challenges in Benue, while grave, do not indicate a total collapse of governmental functions. The state government remains operational, and there is no evidence of the kind of systemic failure that necessitated past emergency declarations.

 

2. The Role of the State Government:

 

The Constitution empowers state governments to maintain public order and safety. There is no indication that the Benue State Government has abdicated this responsibility. Calls for emergency rule without exhausting constitutional avenues, such as requesting federal assistance or invoking mutual aid agreements, are premature and could set a dangerous precedent. ([Nigerian Bar Blog] [2])

 

3. Political Neutrality and Equity:

 

It is imperative to ensure that security concerns are addressed without political bias. Notably, similar or worse security situations in other states (e.g. Zamfara, Katsina, Kaduna, Plateau, Niger, Taraba, Nasarawa, Borno, Yobe, Adamawa, Enugu, Delta, Ondo, Ebonyi, etc.,)  have not led to calls for emergency rule during your eventful and progressive tenure as President and Commander in Chief of the Federal Republic of Nigeria. Selective application of such measures undermines the principles of fairness and justice. ([Nigerian Bar Blog] [2]) Additionally, it is apparent that such calls are coming from persons who hope to goad you into unwittingly becoming a tool in their blunted arsenals of political warfare, and this is very disheartening. It is disappointing that certain elites of Benue State are bent on weaponizing the perennial attacks on innocent Nigerian communities by herdsmen or terrorists for cheap political points. Bloodshed must not be used as political sanitation tools towards achieving political resurrection or ambitions in Benue State, or Borno State, or Plateau State, or Zamfara State, or any other states in Nigeria where herdsmen-farmers skirmishes or naked terrorist attacks have been rampant. We the elites must be part of the solution rather than being part of the problem. Your Excellency, I would urge you to view with extreme suspicion those legal luminaries in Benue who are asking you to declare a state of emergency in Benue State, but who never offered similar counsel when they were associated with the immediate past government of Benue State.

Between 2013 and 2014, I worked with select Benue elites (including professors) to unravel the underbelly of the incessant attacks on certain Benue communities. Our group visited traditional rulers (including the Tor Tiv) and selected leaders. I published prolifically on the issue urging federal government’s strong interventions (those articles remain in the public space). Never once did I call for a “State of emergency” in Benue State, because I know as I knew then that declaration of a state of emergency in any part of Nigeria is not a pragmatic solution to Nigeria’s security challenges. I know Your Excellency doesn’t suffer fools lightly: suppose the solution to our security problems in Nigeria lay in declaration of a state of emergency in a state every time killings happened, Nigeria would have expunged insecurity long time ago. You may recall that a state of emergency was declared in the North-Eastern states of Adamawa, Yobe, and Borno by President Jonathan on May 14, 2013, which remained in effect until November 2014!  Sir, this state of emergency was not effective as it did not eradicate terrorism. I know that you are a practical leader, who is not interested in cosmetic approaches, which explains your deep-seated solutions to Nigeria’s endemic problems. You opened the window into your approach to problem-solving when you said this in one of your speeches addressing Nigeria’s economic reforms:

 

“You cannot rush coffee to be brewed; it takes time to bring out the real taste. Similarly, we cannot rush our reforms with half measures or temporary solutions. What Nigeria needs are practical, workable solutions that bring sustainable progress.”

I trust that your government shall bring about practical, workable solutions for our weak interior security architecture. Permit me to propose a set of solutions to recurring security challenges in some of Nigeria’s states.

 

4. Recommendations:

Your Excellency, on April 25, 2025, I published an opinion article in the Nation Newspaper titled Governors as CSOs: Responsibility without authority (see [6] below). In this article, I highlighted how the hands of our state governors are being tied by certain constitutional leashes, and then made some proposals. Here is a relevant excerpt:

 

Federal security agencies have sometimes undermined or ignored state laws (e.g., Operation Whirl Stroke’s challenges with coordinating with local leaders). The governor’s power to issue orders to the Commissioner of Police has proven ineffective due to federal override.

Legislative recommendations to address loopholes:  The National Assembly through constitutional amendment should create a dual policing system (federal & state police), amend Sections 214–216 and the second schedule to allow states to establish their own police forces. It should retain the federal police for inter-state crimes and national threats and ensure mechanisms for coordination between federal and state police.

It should also clarify governor’s security role.

Also amend Section 215(4) to remove the override by the president or minister, or to define specific scenarios where federal override is justified. Define “Chief Security Officer” in operational terms—giving governors full command over security within state boundaries unless overridden under a formal emergency.

Establish State Security Trust Funds: Allow states to establish secure funds to support their police forces, subject to National Assembly guidelines for accountability.

State legislatures (pending national reform) can formalize local vigilante groups; establish and regulate community or regional security corps under clear laws, as was done in Amotekun (Southwest) and Ebubeagu (Southeast), while lobbying for federal recognition.

The Benue State government in particular, can seek legislative framework for ad hoc security contrivances such as “Anyam Nyor”. They can collaborate with other states for zonal security, forge inter-state security compacts under Sections 5 and 8 of the Constitution, with federal concurrence and institutionalize civil-military liaison offices, including state-level liaison frameworks for engaging the military and police more effectively.

The disjuncture between responsibility and authority in Nigeria’s security architecture is a constitutional defect. Benue State’s tragic security history shows how dangerous this defect can be.

A restructured constitutional framework is essential, and while awaiting national reforms, state-based innovations like legalizing and regulating local enforcement bodies and lobbying through the Nigerian Governors’ Forum can offer temporary relief.

Your Excellency, I request that you give consideration to the above proposals and move to strengthen collaboration between federal and state security agencies to enhance intelligence sharing and operational efficiency.

Provide additional resources and support to local security outfits to bolster community policing efforts. Additionally, sincere federal engagement and dialogue with community leaders to address underlying causes of insecurity such as land disputes and ethnic tensions could be valuable.

Meanwhile, despite the limitations that I have described heretofore, Governor Hyacinth Alia has implemented several initiatives to address insecurity in Benue State since taking office in May 2023. Key efforts include:

• Establishment of the Benue State Civil Protection Guards (BSCPG): A 5,000-strong security outfit launched to support conventional forces, equipped with 100 vehicles and 600 motorcycles to enhance mobility and response capabilities.

• Launch of Operation ‘Anyam Nyor’: A joint security task force comprising the Police, Army, Air Force, DSS, Civil Defense, and Navy, aimed at tackling banditry, kidnapping, and communal clashes.

• Deployment of Digital Surveillance Systems: Implementation of advanced surveillance equipment at border areas, IDP camps, schools, farms, and markets to enhance emergency response and security operations.

• Five-Year Action Plan for IDPs: A comprehensive strategy to support over 500,000 internally displaced persons, including the creation of 210 farmers’ cooperatives, agricultural training, and provision of resources to facilitate resettlement and economic stability.

• Strengthening of Anti-Open Grazing Law: Reinforcement of the 2017 law banning open grazing, with more stringent stipulations to address farmer-herder conflicts.

• Peacebuilding Initiatives: Engagement with traditional and religious leaders, particularly in the Sankera axis, to foster dialogue and reconciliation in conflict-prone areas.

• Request for Increased Military Presence: Appeal to the federal government for the establishment of additional army forward operating bases in Guma, Logo, Ukum, and Kwande LGAs to bolster security.

• Restrictions on Gatherings: Implementation of bans on political and social gatherings, as well as certain farming activities in urban areas, to curb the escalation of violence and maintain public order.

These measures reflect Governor Alia’s multifaceted approach to restoring peace and security in Benue State despite the indubitable fact that he does not exercise operational control over the command structure of federal security outfits within Benue State, and might even become a victim of extraneous sabotage: just to call a dog a bad name to hang it. Your Excellency, your sagacious re-engineering of state security protocols could strengthen Gov. Alia’s hands and give effect to his nifty security initiatives.

 

Conclusion:

 

Mr. President, the challenges facing Benue State are symptomatic of broader national issues that require comprehensive, collaborative solutions. Resorting to emergency rule without exhausting constitutional and democratic avenues may offer a temporary fix but could erode public trust in our institutions.

I urge you to consider these points carefully and to continue leading with wisdom and a commitment to constitutional governance. May God bless your government and Nigeria with peace and unity among her citizens. And may partisan politics not destroy our community relationships. Peace upon Benue and all that love her.

 

Respectfully,

 

Prof. Leonard Karshima Shilgba.

(Benue APC Founding Member and former Chairman of the 9th Governing Board of National Business and Technical Examinations Board—NABTEB)

 

[1]: https://jurist.ng/constitution/sec-305?utm_source=chatgpt.com “Section 305 of the Constitution of the Federal Republic of Nigeria.”

[2]: https://blog.nigerianbar.org.ng/2025/03/18/state-of-emergency-in-rivers-suspension-or-otherwise-summary-removal-of-a-democratically-elected-governor-and-other-elected-officials-is-unconstitutional/?utm_source=chatgpt.com  “State of Emergency In Rivers: “Suspension” Or Otherwise Summary …”

[3]: https://factsheet.ng/conditions-required-for-declaration-of-state-of-emergency-1999-constitution/?utm_source=chatgpt.com  “Conditions Required for Declaration of State of Emergency “1999 …”

[4]: https://pmnewsnigeria.com/2025/03/18/nigerias-history-of-crisis-a-timeline-of-state-of-emergency-declarations/?utm_source=chatgpt.com  “Nigeria’s History of Crisis: A Timeline of State of Emergency …”

[5]: https://aalawsng.com/2025/03/21/state-of-emergency-in-nigeria-constitutional-provisions-and-implications/?utm_source=chatgpt.com  “STATE OF EMERGENCY IN NIGERIA: CONSTITUTIONAL …”

[6]:  Governors as CSOs: Responsibility without authority – The Nation Newspaper