Ben Nwabueze, a senior advocate
of Nigeria (SAN), has backed the call to arms issued to Nigerians by Theophilus
Danjuma, a former chief of army staff.
Danjuma had a few weeks ago urged
Nigerians to defend themselves from armed bandits, saying the armed forces
cannot be relied on to do so.
His comments had elicited
criticisms from various quarters, and commendation from some.
Reacting to Danjuma’s call to
arms in a statement issued on Tuesday in Enugu, Nwabueze said the Nigerian
constitution guarantees self defence under section 33(1-2).
Nwabueze, a constitutional
lawyer, accused the Muhammadu Buhari administration of mishandling the menace
of herdsmen attacks in parts of the country.
“The action which the aggrieved
individuals may take in self-defence, guaranteed by the constitution, must be
viewed in the context of the extraordinary situation created by the Fulani
herdsmen insurgency and the means they employ – AK47 and other sophisticated
weaponry,” THISDAY quoted him as saying.
“Faced by an attack by such
means, self-defence using sticks, bows and arrows is futile and meaningless.
What is the value in guaranteeing a person the right of self-defence and then
denying him the appropriate means to exercise the right effectively when the
need to do so arises?
“Self-defence, to be effective
and meaningful in the prevailing context, must be by means proportioned to the
means employed by the attackers.
“Disarming the citizenry and
leaving them unprotected against the killer Fulani herdsmen would only render
nugatory, to a large extent, the constitutional guarantee of self-defence,
viewed again in the context of the extraordinary situation created by the
Fulani herdsmen armed insurgency and the failure or inability of the federal
government to stop it.
“Danjuma did not just get up one
happy, glorious day to make the call. He was moved to do so by the
extraordinary situation, with its tragic effects, created by the Fulani
herdsmen and the federal government.
“Is it not a shame that the
Fulani herdsmen should have been allowed to inflict so much slaughter and havoc
on innocent, law-abiding citizens without being disarmed at the initial stages
of the conflict and without the wrath of the law being brought down on them?”
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