The imperatives of national security in Nigeria (2)

We must note that as we celebrate the 50 years of Nigeria Immigration Service existence, it’s necessary for the ACT to enjoy/celebrate with us as we roll out the drum by an urgent amendment, taking into consideration the past and present immigration challenges while looking into the future in line with existing forecast that climate change presents humanity with an unprecedented migration challenges hence over 25 million to 1 billion people will be affected by year 2050. The International Panel on Climate Change warned in 1990 that the impact of climate change would be on human migration. It’s the view of this writer that no serious minded nation worldwide treats IMMIGRATION SERVICE and migration issues with levity as we do in Nigeria and survive as a united nation for too long. Please Nigeria; be warned, for you are the envy of your neighbors.

According to (WDR) late Prof Jadesola Akande, in her book “Introduction to the Constitution of the Federal Republic of Nigeria 1999”, stated that, presumably a Cameroonian could claim to have belonged to a community indigenous to Nigeria after all Cameroon was previously part of Nigeria. Indeed, any African from any part of the continent especially Sahelian and Sudano Sahel region who are from communities, similar to communities indigenous to Nigeria can claim to be a Nigerian because he “belong” to a community that is indigenous to Nigeria as well. Many of the people in the border communities are members of communities indigenous to both countries and as such are legally free to take advantage of the constitutional provision regardless of motives, without any measure of legal commitment to Nigeria or belief in her values and aspirations not to think of advancement. After all, there is affinity, cultural and linguistic homogeneity among them. For example, a Chadian who joins the Fulani community of Nigeria could claim “belonging” to a community indigenous to Nigeria although he is a Chadian. The same goes for Egun in Benin Republic having similar community of their kits and kins in Badagry Lagos, also, for Barubas in Borgu, Kwara State. They have their kins in northern Benin Republic around the Paraku area and for the Berbers in Kebbi State. Yoruba’s are all over the West Africa e.g. Republic of Benin, Togo, Ghana, Cote d’evoire, likewise Fulani’s and Hausa’s in Cameroon, Niger, Mali, Burkina Faso and Ghana, Kanuri’s in Bornu and Chad Republic and the Fulani’s in Nigeria and Cameroon Border towns. All, intermarrying and civilizing together regardless of legal framework in place for or against them.

It was on the basis of this provision that the case of SHUGABA DARMAN V THE MINISTER OF INTERNAL AFFAIRS & ORS (1981) 2 NCLR 459, succeeded. The Plaintiff accepted that his father was a Chadian but Claimed that his mother is a Nigerian of the Kanuri tribe, a community or tribe equally indigenous to both Chad and Nigeria. Once it is proved, he is a Nigerian citizen, he is entitled to the rights and privileges of being a Nigerian even if such a person is a notorious and wanted criminal.

According to Oye Adefila in Shugaba A. Darman vs Minister of Internal Affairs  (1981) 2 N.C.L.R. 45 at 517 once it is proven that a person is a Nigerian citizen, he cannot be deported from Nigeria. And it is further held by Lord Devlin, in Rookes v Benard 91 (1964) 1 All N.L.R that any unlawful deportation and unlawful interference of fundamental rights of Nigerian citizens attract compensatory and exemplary damages.

 It is only Nigerians living across the border that are allowed unfettered return to Nigeria in the event of any natural disaster affecting them, and necessitating a return without any travelling documents or means of livelihood. However, in this case, they have to prove their Nigerian citizenship satisfactory in line with provisions of CFRN 1999(as amended in 2010).

In parts of the country, illegal migrants are often recruited to vote by desperate politicians or political parties taking advantage of the affinity, homogeneous tribal societies spread along the Nigerian border towns with other countries in the sub-region. Some of them are used as political thugs and later turned into terrorist, terrorizing Nigerians and the sub-region as it is today with the Boko Haram terrorist organization with a foot hold around the Bornu axis of Nigeria which is a border state. Illegal immigrants often constitute a ready group for use as mercenaries and agents of disorder and lawlessness, posing serious security threat to many communities in the country. Some analysts view the current Boko Haram challenge as an extension of the Maitatsine riots of the 1980s in Nigeria that was dominated by illegal migrants from neighbouring countries who were running away for survival from famine and starvation in their country and communities ravaged by drought. In 1995, the Boko Haram group was said to be operating under the name Shabaab, Muslim Youth Organisation with Mallam Abubarka Lawal as the leader. When Lawal left to continue his education in the University of Medina, Muhammad Yusuf took over leadership of the group. Yusuf’s leadership allegedly opened the group to political influence and popularity. Yusuf officially founded the group in 2002 in the city of Maiduguri. He established a religious complex that included a mosque and a school where many poor families from across Nigeria and from neighboring countries enrolled their children for learning.

The centre had ulterior goals and soon it was also working as a recruiting ground for future jihadis to fight the state and terrorize her people. The group includes members who come from neighbouring Republic of Chad and Niger and speak Arabic and are homogeneous. In 2004 the complex was relocated to Yusuf’s home state of Yobe in the Village of Kanamma near the Republic of Niger border. Generally, existing strong homogeneous cultural affinities between inhabitants of contiguous but undemarcated border areas between Nigeria and her immediate neighbours, Republics of Niger, Togo, Benin, Cameroon and Chad may have lessened the cultural impact of the influx of illegal migrants and increase criminality in Nigeria which goes on unnoticed for a longer time. 

There is the need to carefully define citizenship and increase surveillance at the border towns in the face of the Boko Haram asymmetrical war or insurgency on our Nation today. 

Daniel Daudu Makolo