[size=18pt]JTF’s Creek War is illegal - General Ikponmwen[/size]
Jun 20, 2009

By Simon Ebegbulem
Brigadier General Don Idada Ikponmwen was former Provost Marshal of the Nigerian Army and one of the leaders of the South South. He was lead Prosecutor in the trial of the missing MV African Pride.

In this interview with Saturday Vanguard in Benin City, the retired army general reviews the on-going Creek War in the Niger Delta and declares it illegal since, according to him, there was no proclamation sent to the National Assembly by the President requesting for deployment of troops to the region.

He says the House of Representatives goofed when it gave blanket approval for the military invasion of the region without any formal request from the President.

He faults the life imprisonment slammed on the 27 soldiers by a court marshal, saying the military authorities should not have charged them for mutiny since they were only fighting for their rights.

He expresses optimism that the Appeal Court will upturn the judgment which he says was too harsh for the offence the officers allegedly committed. Excerpts:

As a retired army general, how do you react to the on-going military operation in the creeks of the Niger Delta?

Without mincing words, the on-going crisis in the Niger Delta, which has obviously engaged the armed forces - the navy, the air force and the army- cannot be anything short of war.

It is true that the developing trend of kidnapping, pipeline vandalisation, murder that characterises the zone and is fast spreading to other parts of Nigeria, is truly worrisome.

So worrisome that anybody, any genuine Nigerian, would be concerned about it and want to put a stop to it. But I think that first of all, government must be thorough in addressing this problem.

I believe very clearly that the crisis has persisted over the years because of very bad governance, both at the national and state levels- governments that are insincere, inefficient, ineffective and buried in corruption.

The Niger Deltans who own the resources that sustain the nation, have continued to suffer unimaginable kind of neglect. No road, no water, no school.

The oil exploiters and explorers live far away in Lagos and the communities continue to suffer in squalor and no effort is being made to sort out the problem.

I think the level of injustice meted on the Niger Delta communities is so high that automatically, it cries for vengeance.

Military invasion of Gbaramatu Kingdom is illegal

On the issue of the war in Gbaramatu Kingdom, I think it is clearly an effort in the wrong direction. Government attention must be drawn to this and government must be told that this war, this annihilation of innocent people, must stop. You cannot beat a child and deny him the chance to cry.

The people of the Niger Delta are being robbed of the good things of life that they deserve. The Federal Government must understand that theirs is a genuine agitation which has assumed some degree of violence.

This genuine agitation must be separated from the criminal aspect of the struggle. And, in any case, they always say that the idle mind is the devil’s workshop.

If meaningful employment and opportunities are created, I am sure that the young boys who have gone into kidnapping and other crimes would be too busy to do that. In addition, I feel very sad about the way the institutions of government address problems in this country.

This government has professed the rule of law, due process. Let us ask even if it has become necessary to take serious measures beyond police action directed at criminality, if it has reached a level where we must resort to extra ordinary measures as contained in our constitution, which is the use of armed forces in police role.

One would have expected that the proper procedure would have been followed.

There is a procedure in the constitution that guides the deployment of troops for internal security operation which is the extraordinary operation I spoke about, in section 217 sub section 2(c): that in the process of acting in the aide of civil authorities, the President can deploy troops, provided it was done with the approval of the National Assembly.

With the two Houses sitting to consider and approve a proclamation of the President and Commander in Chief of the Armed Forces, which already would have been gazetted and served on the two Houses of the National Assembly.

That is the purport of section 217,218 and 305 which deals with a state of emergency. A state of emergency can be declared where there is a total break down of law and order.

So, obviously, sections 217,218 and 305, point to the fact that for the military to be used in this extraordinary sense, there must be a proclamation and if that is not done, it means the Federal Government has not complied with the constitution.

And our public officers have all sworn to uphold the constitution. So, it is worrisome that this kind of thing can go on in our country.

It is worrisome that a nation can declare war on a part of itself without complying with the constitutional requirements of proclamation before deploying troops. Deploying troops both internally or externally are serious matters, and it must be done properly.

In fact, the constitution also says that the President can deploy troops abroad but he must notify the National Assembly within seven days, and the National Assembly must within 14 days either give approval or disapprove. We cannot afford illegality, especially by a regime that has professed to the whole world its commitment to rule of law and due process.

I dare say that democracy and rule of law are together. So, what the Federal Government is doing right now in the region is illegal, and it is unfortunate that the National Assembly joined in the illegality by approving the military invasion without following the constitution.

House of Reps gave blanket approval to the military invasion of the Niger Delta even without receiving proclamation from the President.

That, again, is a very sad development, in the sense that members of the National Assembly, who have sworn to uphold the constitution, can just decide, even without a request, properly put before them, to say we endorse the use of the highest level of force to unleash terror and destruction on communities within a section of this country without recognising the tenets of their calling as legislators.

Even if they said that the crisis demanded that high level of force, I think the least they would have done was to call the attention of the President to the requirement of the constitution so that Nigerians will see they are there to uphold the constitution.

I am very reluctant to think that some people just consider that the wealth and resources in the Niger Delta must be tapped at all cost, even if it means eliminating the people in whose backyard these resources are tapped.

I noted with concern, the expression by some highly placed Nigerians, who expressed the views that there was nothing wrong in dispensing with 20million Niger Deltans, if only to ensure that the other 120million keep going without any hindrance.

Although, I heard that apologies have come from those who made such comments, I know that that statement was very uncharitable, very unpatriotic and it is not in the spirit of Christianity or Islam.

Having said that, there are many of our people outside the Niger Delta who do not think the way these guys who expressed these views think.

I remember very well the wise contributions of former President Shehu Shagari who said that what has been given to the Niger Delta does not represent their contribution to the growth, development and sustenance of Nigeria, and there are a lot of Nigerians who also think this way.

N-Delta Tech C’mite Report

It is worrisome that the report appears to be going the way of other reports in the past, gathering dust in the shelves of some offices. One must call on the President to give concrete action to this report because we must turn things around in the Niger Delta.

If Nigeria is to meet the millennium goals, if we must be one of the top 20 economies in the world, every component part of this country must be seen to be part of the system, not appendages to the arrangement called Nigeria.

No matter what ever happened at the amalgamation we must give meaning to this idea of unity in diversity. We must give meaning to this idea that Nigeria evolved on basis of National ethnic nationalities which formed a wider union and to ensure proper relevance, proper recognition and mutual respect.

If Nigeria is not turned around to be useful to every body, those people who think that any thing can go will soon realize that all this story of indivisibility and indissolubility as contained in our constitution and some other countries constitution are just words,

They are coming to nothing now because as democracy begins to grow and develop, the right to self determination is becoming more pronounced in the affairs of democratic regimes. And regimes are hardly regimes if they are not truly democratic.
14 Responses for “JTF’s Creek War is illegal - General Ikponmwen”

1.
George Debo says:
June 20, 2009 at 2:22 pm

General, you are 100% right. Whoever says you are not does not understand the tennets of Democracy. This is not millitary rulership where only the president has the power to give such orders. Yar’adua is wrong by diploying soldiers without the approval of the national assembly. He therefore should stop deceiving Nigerians with his so called rule of law. If the only thing Yar’adua could do in two years is to kill innocent Niger Deltans, he will never see anything good all the days of his life. May the spirit of these innocent Niger Deltans continue to hunt him till death untill he comes openly to appologise. may this cause follow his generation also.
2.
Hrh sukunu charles says:
June 20, 2009 at 12:49 pm

BRIG general Don Idada thanks for present position and as a general that have served this nation to greater height but it was people like you that make this nation to be stagnant in every ramification because the right time to stand for the truth and nationhood then the so called leaders like you will act cowardly.please retired with your ideas,we hope one day things will get better for the niger deltans or possibly when OIL will be a thing of the past just like OLOBIRI.The OBEDIENT son of our land was there with all the members of NASS before the military invaded GBARAMATU kingdom.
3.
Ed Franks says:
June 20, 2009 at 12:42 pm

The General’s thoughts on the Niger Delta military onslaught might be right, when one looks at it purely from the viewpoint of point of law.

However, we must also remember that, most laws in Nigeria, were never enacted with practicalities in mind. In other words, those who designed the laws, probably didnt expect it to be enforced. So, we now have a law written, more as an academic exercise fit for no more than an LLM final exam thesis in university, rather than something you actually go and try to impement.

The General should stop quoting what he thinks though and, go to court to test his intellect and beliefs. He seems to want us to think he is knowledgable and passionate. So, do something a la Gani Fawehinmi, stop quoting big grammer (mere huffing n puffing) and make our day!
4.
Patrick Agbobu says:
June 20, 2009 at 12:39 pm

Mr President we all know who the culprits are. They are around you, past leaders or rather dealars and some members of the national assembly. They are in the corridor of power. We know you know them, but you can not name them, because theY are blacK mailing you. Any way what that is stake here is only money, and we will get there. Just to remind you, let us for the time being forget this issue, because they believe, that you have AGF who will not pursue the culprits. You also remember what your AGF did, with the case of James Ibori, when the Metropolitan police wanted his cooperation. Your AGF deliberately fustrated, the Metropolitan police, to aid his friend and backer. All of these are for the records. Now let us come to the main point, Hallibuton issue is only money, WHAT OF THE LISTS OF THE SPONSORS OF THE CRIMINALS, WHO HAVE BEEN SLAUGHTERING OUR UNIFORM PERSONS IN COLD BLOOD IN THE NIGER DELTA. THESE DEDICATED MILITARY PERSONNEL, WERE SENT BY YOU, AS COMMANDER IN CHIEF, TO PROTECT LIVES AND PROPERTIES OF NIGERIA. THEY ARE ONLY OBEYING LAWFUL ORDERS, FROM YOU AS THE CIF OF NIGERIA, YET THEY ARE BEING KILLED IN CLOOD BLOOD, BY THE CRIMINALS. YOUR OFFICIALS TOLD US, THAT THEY RECORVERNED THE LISTS THAT CONTAIN, THE BACKERS AND SPONSORS OF THE CRIMINALS, SLAUTERING OUR UNIFORM PERSONS IN COLD BLOOD AND THAT THE LISTS ARE WITH YOU. yOU SHOULD FIRST RELEASE THESE LISTS, BECAUSE IT INVOLVES THOSE WHO SPONSOR THE KILLERS OF THE MILITARY PERSONS, YOU SENT TO PROTECT LIVES AND PROPERTIES OF NIGERIANS. YOU SHOULD ALSO BE AWARE, THAT THE PEACE LIVES AND PROPERTIES OF THE GOOD PEOPLE OF THE NIGER DELTA ARE ALSO INVOLVED. THESE ARE THE IMPORTANT LISTS YOU SHOULD RELEASE NOW, AS WE CAN AFFORD TO WAITE FOR THE HALLIBURTON LIST. HARLLIBURTON LIST WILL NOT DESTROY NIGERIA, BUT THE LISTS YOU HAVE WILL. WHY ARE YOU RELUCTANT TO RELEASE THOSE LISTS? DO THEY CONTAIN THE NAMES OF THOSE WHO CALL THEMSELVES YOUR FRIENDS AND GO BEHIDE TO SUPPORT THE KILLERS OF OUR TROOPS? IF SO THEY ARE NOT YOUR FRIENDS AND THEY ARE NO 1 ENEMIES OF NIGERIA. YOU MUST NAME AND SHAME THEM. MR. PRESIDENT THE BALL IS IN YOUR COURT.
5.
Matthews Itiku says:
June 20, 2009 at 9:54 am

True as Brig. Gen. Idada Ikponwen’s assertion may sound on issues of engagement of the military in the Niger-Delta and the recent life jail term slammed on the 27 soldiers who were merely protesting against the misappropriation of their entitlements by the military authority, having served in the UN peacekeeping mission, it is left to be seen how his reactions would have been if he were still in the military or in government.

Idada himself was in the military. And the military has run the governance of this country for larger part of the lifespan of this nation. Even right now, whom do we think constitute the nucleus of power broker in our political terrain? Again whose little finger do we think lie behind that seem to lift the dingy shades in what seem to be playing out in the Niger-Delta imbroglio? It is hard to forget, in a hurry, the looting of the nation’s armoury and sales of arms and ammunitions therein.

Sadly enough, what this has manifested is nothing but destruction of lives and property; discouragement of potential investors and chasing away of existing ones; ascendance in the rate of unemployment; under-development; illiteracy and other forms of malady in the society.

According to Neal McCoy, “…And when you plant a seed, it reaches to the sky. That’s just the way it is, nobody wonders why…”
6.
Ebiowei Stanley says:
June 20, 2009 at 9:44 am

General Idada, there is no need to cry over split milk. Niger Delta People are crying that enough of all this STORIES as we all are aware that the on-going War in the creeks is a shame to one of the seven point agenda of President Yar Aduas ( as if he understands it ) rule if Law. Our Niger Delta National Assembly Members are just event watchers hence,the Presidents onslaught in the area they claim they represent is going on unchallenged. They could not come out through their Caucus and condemn the genocide but, they were quick at doing same during the recent Jos crisis. Nigeria is having it worst than it was during former President Shagari era. The certificate of The President and his Vice needs to be thoroughly investigated, if actually they graduated from what ever institutes they claimed because Shagari couldn’t have committed this blunder if it was him. NIGERIA!!! rule by Doctors and Professors of Professionals and yet committing steady backward motion to stone age with the President as the Driver and the Attorney General of the Federation,as the agbero. The Passengers…, ? Your guess is as good as mine.
7.
Mr Timithy Udoh says:
June 20, 2009 at 8:54 am

This one is not a true general, but a coward that want to be in the good books of the militants so that they don’t attack him. Even in the military he was not a combatant, just a military police. So because past governments had not done anything to improve the lives of the Niger Delta people then they must take up arm against their own country? what about those civilians that were raped and killed by these so called militants or the other military personnel killed by the militants, you think they don’t have families?. We all know that the government have not done well, it does not make the actions of the militant justifiable in any way. I f the Government allows it then it will slowly become another civil war just like what happened in Sri lanka and other hot spots. So Mr General stop this cheap popularity stunt. People like you should not have been in the Military in the first place, you are a coward.
8.
Bisoye says:
June 20, 2009 at 4:03 am

Kunu in action.
9.
Bisoye says:
June 20, 2009 at 4:02 am

sweetstart41
10.
osagie oscar asemota says:
June 20, 2009 at 2:37 am

This is a true Gen. statement with wisdom & understanding, unlike illitrate/corrupt Gen.Abe and others that doesn’t even know the present Democratic Era they find themselves perpetuating destruction on their own land in collaboration with the minna and katsina infidels in Nigerian Armed Force.
Maybe this Gen Ikponmwen is from a well groomed home before his military enlistment, as he still remained foccused, despite his abysimal retirement from a desciplined branch of the military command, even being a former provost marshal is much prestigious to Gen infantry, amouring and other trivial branches of the military that have no human ethics in profession. Is he the only outspoken retired General from Niger-Delta? if not , where are the rest from same Niger-Deltan Generals or rank & file officers? maybe corruption and betrayer has ruined them all, as it is to david Ejoor-de deltan 1966/67 carmelon that connotes Urhobo to be a wayo nation like its present crop of thieves leaders-ibori and uduaghan, while the most notorius among them is ’saliba mukoro that has bitten more than he can chew.
yardua and his PDP gangstarism of minna, including pig-obasanjo will be charged soon to the international court of justice to face genocide against deffenceless civilian in Niger-Delta they slaughtered inorder to continue bunkering their Oilwealth.
first, second & third contributor on this subject, are mere military apologyst by their statement we shall know them that are corrupt beyound Human-Redemption.
11.
jonathan oladeji (canada) says:
June 20, 2009 at 1:22 am

i am indeed surprised at this junction for a man who has being in service before his retirement could say this kind of a statement. first and fore most all of us should note that we must be fair in any situation we found ourselves. everybody knows that any citizen working against the government is a dissident. so what did my retired think?
let say the retired man is still in force what would be his role in this situation?
and truth must prevail, justice demand does allow brutality and criminality.
or the retired army involved in the process?
what will he say about the lists of the backers?
truth must prevail either we like it or not.
looters, kidnappers and bunkers are crimnals.
Ken saro wiwa and other 9 ogonis of blessed memory dont aim it this way but to allow justice and fight for freedom.
now justice cannot be justified at all with the way things are being done.
all genuine leaders of the south south should come out, condemning the said actions of these looters, educate them on the way forward and on the way to stop the looters who are using the innocent citizenry to commit offenses and enriching their pockets. God forbid bad things enough is enough.
the south south deserve major developments and new things should be allow to come to the real people who need it not those who are making cheap money at the expenses of the real poor who are suffering.
12.
Patrick Agbobu says:
June 20, 2009 at 1:15 am

Mr. retired general it is being reported that , there is an attack on the presidential palace in Equatorial Guinea and that, the so called militants were involved and that some of them have been caught and wounded in the attack. What have you to say about this. Do you not now see that it is in Nigeria national interest and security to flush out these criminals? Do you not see that these happenings, have very seriuos consequencies. If not controled now, it could spill into an international conflict and war. Why did you say that Nigeria wanting to gaurantee peace and security is illegal? In some countries, you should be asked to tell the nation, if you know things we do not know. If we do not contain this situation now, Nigeria will be playing with a very wild fire. You may now wish, to withdraw your statement and apologise to All niigerians and Nigeria.
13.
Onuoha Udensi E. says:
June 20, 2009 at 1:09 am

Why is it hard to give Niger Deltans what belongs to them?Did they build pipelines to steal groundnuts,cocoa or palm oil when it was booming?Those in the National Assembly are criminals who found themselves there via election rigging.They don’t even know what the law says,shame!Lawless lawmakers! I’ve said it many times that Yar’adua should resign.Why is it hard for govt to better the lives of the poor masses?You cannot even go to the office of your representative to present your problems with all the security at their doorsteps,but in US everyone is free to consult their representatives who’ll present their case to the House.Niger Deltans deserves the best,they produce the oil that keeps the nation moving but they’re neglicted because some people in govt are stealing their oil money.I still maintain that MEND are not criminals but the real criminals are in the corridors of power and enriching themselves while the poor man is crying.Now MEND is hitting hard on the sources of their illegal wealth,they rushed into war without following the procedures of the law.How can someone wants 20million Niger Deltans killed for others to move?That shows the level of wickedness of these high placed Nigerians who’re busy stealing oil money or given illegal contracts by their partners in crime.Yar’adua is just fighting MEND to cover these criminals who have oil blocs.MEND has come to stay and no going back till justice is done in this country.
14.
Patrick Agbobu says:
June 20, 2009 at 12:34 am

t

MR RETIRED GENERAL WHAT OF THOSE CRIMINALS SLAUTERING IN COLD BLOOD YOUR MILITARY COLEAGUES IN COLD BLOOD.
IS THERE ANY THING YOU KNOW WHICH WE DO NOT KNOW?
WE KNOW THAT SOME EX MILITARY PERSONS ARE BEHIDE THESE CRIMINALS. A GENERAL IS IN PERMANENT ACTIVE SERVICE, DO NOT FORGET THIS.
BLOOD MONEY IS ALWAYS BLOOD MONEY.
WHAT OF THE LISTS OF THE SPONSORS OF THE CRIMINALS, WHO HAVE BEEN SLAUGHTERING OUR UNIFORM PERSONS IN COLD BLOOD IN THE NIGER DELTA. THESE DEDICATED MILITARY PERSONNEL, WERE SENT BY YOU, AS COMMANDER IN CHIEF, TO PROTECT LIVES AND PROPERTIES OF NIGERIA. THEY ARE ONLY OBEYING LAWFUL ORDERS, FROM YOU AS THE CIF OF NIGERIA, YET THEY ARE BEING KILLED IN CLOOD BLOOD, BY THE CRIMINALS. YOUR OFFICIALS TOLD US, THAT THEY RECORVERNED THE LISTS THAT CONTAIN, THE BACKERS AND SPONSORS OF THE CRIMINALS, SLAUTERING OUR UNIFORM PERSONS IN COLD BLOOD AND THAT THE LISTS ARE WITH YOU. yOU SHOULD FIRST RELEASE THESE LISTS, BECAUSE IT INVOLVES THOSE WHO SPONSOR THE KILLERS OF THE MILITARY PERSONS, YOU SENT TO PROTECT LIVES AND PROPERTIES OF NIGERIANS. YOU SHOULD ALSO BE AWARE, THAT THE PEACE LIVES AND PROPERTIES OF THE GOOD PEOPLE OF THE NIGER DELTA ARE ALSO INVOLVED. THESE ARE THE IMPORTANT LISTS YOU SHOULD RELEASE NOW, AS WE CAN AFFORD TO WAITE FOR THE HALLIBURTON LIST. HARLLIBURTON LIST WILL NOT DESTROY NIGERIA, BUT THE LISTS YOU HAVE WILL. WHY ARE YOU RELUCTANT TO RELEASE THOSE LISTS? DO THEY CONTAIN THE NAMES OF THOSE WHO CALL THEMSELVES YOUR FRIENDS AND GO BEHIDE TO SUPPORT THE KILLERS OF OUR TROOPS? IF SO THEY ARE NOT YOUR FRIENDS AND THEY ARE NO 1 ENEMIES OF NIGERIA. YOU MUST NAME AND SHAME THEM. MR. PRESIDENT THE BALL IS IN YOUR COURT.

http://www.vanguardngr.com/2009/06/20/jtf%E2%80%99s-creek-war-is-illegal-general-ikponmwen/