Regulating The Participatory Industries In Nigeria: Case of Asari and his Militants Part 2.

By Christopher Enemuo

The second schedule of this subject is exclusively resting upon Asari’s utterances viz a viz testimonies at the Presidential Villa, Abuja, Nigeria, 2023.

The boldness in owning unregulated entities in recent times has pointed towards the direction that Nigeria within its territories has had private militia mercenaries operations over the decade. This is a fact which also was contained in Asari Dokubo’s testament at The Presidential Villa.

THE EXISTENCE OF MERCENARY PARTICIPATION IN NIGERIA.
It is no longer unclear that Nigeria has an industry which has earned validity in real times, however; it would be significant to understand the specific kind of mercenary participation which exists within its environs.

There are four types of mercenary industries which have been globally practised since the 17th century; the supplementum, the externum, the necesse est, coordinatorial and indigena.

The indigina which simply means the indigenous has proven to be the most preferable and effective, easy to manage and insubordination kept in check. This is the kind that Nigeria has kept and managed.

For an unregulated indigena industry of militia mercenaries to exist within the state, it must have been justified and accepted by both the authorities and the people.

Regulation sustains every institution, organisation and ministry which requires the rule of law to exist and operate within a legitimate territory.

Without regulating the enterprises such as mercenary participation in Nigeria which by no doubt has been allowed to exist would only point a complicity finger at the government.

IS PARTICIPATORY MERCENARY ENTERPRISE REGULATED IN NIGERIA?
We must understand why Chief Asari Dokubo should not be referred to as a non-state actor by all defining means. He is rather a mercenary participant which is not under any regulation in Nigeria, therefore Asari is running a criminal organisation within the legitimate territorial soil of the Nation.

Presently there is no conventional law regulating Asari’s enterprise neither is there a known executive fiat to that effect, except for some reasons there exists some kind of “silent fiat”(if there is anything like that), however, if this is the case, then the nearest explanation is that a proposed scheme is at its acceptability taste stage, by way of anticipatory regulations or proposed bill.

Nevertheless, let’s assume Chief Asari is acting under an executive order.

One of the most fundamental ingredients of an executive fiat is that it is regulated. If it is not regulated, then it is not within the nature of a fiat, thefore can not cover criminality.

There is no doubt that government can initiate secret programs for security purposes and futuristic considerations, if such program passes all responsible tastes, perhaps they can be officially incorporated into regulations of executive fiat. Traditionally also; regulations under fiat can through legislation become laws by a retrospective commencement methodology. However, the uninterrupted existence of an unregulated system can be temporarily legitimatized by the acceptability gesture of citizens who already are subjects of the proposition in question.

IS PARTICIPATORY MERCENARY LEGITIMATE IN NIGERIA?
Of course not, an unregulated system wears no legitimacy in law.

At the Presidential Villa Abuja, Asari said he said what he said because he is a participant and he knew President Tinunbu would protect him.

Within the context and body language of Asari, he wasn’t trying to infer that President Asiwaju would give him protection merely for what he said on national TV, it was clear to Nigerians that he sought for a re-employment by the new government, therefore had gone to renew an existing contract schedule.

This enterprise which Dokubo owns and runs is to him a legitimate contract which needs to be renewed by the new administration, however, until the federal government proves otherwise, there exists a legitimate enterprise which wears an “executive fiat content”.

ACCEPTABILITY GESTURE OF NIGERIANS TOWARDS MERCENARY PARTICIPATION.
Acceptability as an instrument of law, is an important taste tool during law-making, it is also a means by which a proposed law or policy is directly or indirectly tried on the people to ascertain permissibility and enforceability potency.

Therefore, there is no doubt that for more than a decade we have directly accepted the indigena participatory mercenary enterprise in Nigeria, this is a fact which also was contained in Asari Dokubo’s testament at the Presidential Villa, Abuja.

In the villa, it was a reaffirmation of knowledge by Asari; that Chief Tompolo got a contract for the protection of the oil pipelines within some states in Nigeria. However, the privatisation of NNPC should have made some modifications concerning who is currently the employer of the mercenary enterprise of High Chief Government Ekpemupolo. Yet, a reference to the existence of Tom Polo’s services by Chief Asari suggests that both mercenary companies have co-existed alongside each other within the knowledge of the citizens.

It is important to note; that the acceptability gesture of an unregulated practice by the citizens is traditionally received by their inactive attitude and lack of procedural applications during rejection exercises.

Notwithstanding; the inability of the people to expunge an unwanted practice in their previous attempts does not wipe away their rights to further attempts, except where the said proposition has been properly legislated, judiciary pronounced or fiated, otherwise an unregulated system which carries any sort of rejection attempt(s) by the people remains an illegality.

THE JUSTIFICATION OF MERCENARY PARTICIPATION IN NIGERIA.
A good sense of justification remains a rationale for a healthy recourse.

Asari was right when he said “that if the Nigerian government have been contracting foreign mercenaries (externum system) that he doesn’t see any reason it should not make use of its homeland mercenaries (indigina system). This is a justification based on the real understanding that priority should be on indigenous enterprise, for the sake of creating internal employment and fetching quality and effective results.

The unique geographical stretch of Nigeria’s states viz a viz its abnormal insecurity challenges is a justification for the existence of indigenous mercenary participation where all are regulated to cooperate appropriately with the authorities.

EFFECTIVENESS OF MERCENARY ENTERPRISE IN NIGERIA.
It is true that for a long while there hasn’t been pipeline vandalisation of the oil tracks in which credits go to guard contractors of Chief Government Ekpemupolo, this is one of the effectiveness of indigena participation.

Secondly, we heard clearly from Asari when he referred to a certain Dogo. He made us understand the said Dogo is or was a terrorist, bandit or armed robber.

I believe that the said Dogo was a security issue which the enterprise of Asari brought to book. Finally, he also testified by making explicit remarks on how he secured and made some routes in some parts of the country safe to ply; what this implied was that he has been working for the government, however; he never operated in secrecy, and his services cut across territorial states in Nigeria; this testimony of his is a confirmation of the effectiveness of an indigena mercenary participation.

DOES ASARI’S MERCENARY ENTERPRISE OPERATE IN ISOLATION OF THE NIGERIA MILITARY?
It is an impossible task that an industry such as mercenary participation would succeed independently without the cooperation of the traditional military and other law enforcement agencies of a country. Therefore, for such an industry to fail is for it to isolate itself from an important aspect of its success.

Going by the narrative by Asari as to the involvement of some military elements having hands in oil theft and their inability to tackle the menace of insecurity in the country, Asari was clever during this specific information. However, one with grey understanding might think he was challenging the entire military, but that was not so, rather he made a clever communication seeking real and future alliance with the home military.

He, Asari did not entirely challenge the Nigerian military, but rather he affirmed that the military has 99% of what his private mercenary outfit has, but still, they pretend to be incapacitated in fighting insurgency, banditry and terrorism. With careful observation of his testimonial content, he sounded like one who is calling on the military to come take back responsibility so he retires and winds up his enterprise.

OBSOLETENESS OF ASARI’S PARTICIPATORY METHOD.
From the confession of Asari, there were some traces which suggest that his method is outdated but can be modified to fit into a civilized society.

There are contemporary enterprise systems which are less arm-carrying, less blood-bathing, terror-free and most importantly capable of increasing about 78% of employment and which actually would address the real insecurity in Nigeria, using modern technology and intelligence methodology.

Therefore the method of Asari’s mercenary participation is an outdated industry, going by the abundant of intelligently talented and naturally gifted Nigerians who are made up of retired military and police officers, pardoned militants, cyber experts, software gurus, drone engineers, diplomats, voluntary intelligence and the general public who can be arm-free participants.

MERCENARY PARTICIPATION; A MONOPOLISED ENTERPRISE IN NIGERIA?
Monopoly needn’t be an aspect of the mercenary enterprise, therefore, was never recognized as a positive impact in the holistic design, by the book which is called “ The 2WallsSystem…The Participant” where there is a configuration of some contemporaneous practices of the mercenary enterprise.

From whichever perspective monopolisation is attempted, it would always amount to negative derail, ethnicity contamination and religious infiltration which are dangerous and counterproductive to the entire system and also can be a hindrance to all good intents.

So far, it seems the enterprise of mercenary participation is presently enjoying some mono signs, this is undoubtedly deduced; going by the sectional and calibre of individuals who by their violent antecedents and character overview have dangerously misconfigured the unique initiative.

This sense of monopoly should be discouraged through regulations of lawful recognition, by throwing open the industry to oppose racial territories and religious barriers. Therefore, Chief Tom Polo and Asari Dokubo should only enjoy the pioneer status of the industry but should not be allowed to own a monopoly of it in a multi-state country like Nigeria.

However, one would admit that nobody has been denied owning and running his or her own industry such as the ones owned by Asari and co, this is true but on the other hand; illegalities and violent means have precedented the method of application which should immediately be discouraged. Therefore, the industry should be made open through regulations, otherwise, it is dangerously under a monopoly system making the standards of application and eligibility a violent and terror means.

HOW IMPORTANT IS PRECISION FOR THE PARTICIPATORY INDUSTRY?
Precision is the excellency of a mercenary industry, it is its pride, a priority edge on the employment schedule and a success story of a participant who is capable of winning a temporal acceptance gesture of the citizens. It is about hitting just the target with less or no collateral damages.

In a sane society where civility is preference and services are regulated; it is therefore expected that participatory industries would comply with the dictates of precision, therefore every industry which is not compliant with accuracy should be abolished.

In the new dawn of mercenary enterprise, precision is not described as an operation free of collateral damages, but free from other kinds of civil injury done to unconnected citizens and innocent victims. For instance; in a coordinated participation system, the target alone which might be a corrupt individual, terrorist or other kinds of criminal elements is perfectly brought to book without violation of rights and civil damages of unconnected personalities, however in the book, “The 2WallsSystem…The Participant” a remedy schedule is configured to indemnify such damages, peradventure.

ARE THERE ANY CONCERNS AND WORRIES ABOUT THE PRESENT PRACTICE OF MERCENARY PARTICIPATION?
The wrong perception of the enterprise by both the participants and the government calls for great concern. This enterprise needs not be an instrument of terror and instability at the hands of the government at the expense of the citizens, neither should it be a religious, tribal or ethnic monopolized enterprise.

It is also dangerous if citizens perceived the enterprise as a criminal organization whose eligibility for participation is based on criminality, chaos and terror. This trend is greatly worrisome.

The real worry however is whether Chief Asari be as loyal as he is to the past and present government should a different personality occupy the presidential office. I mean; would he accept to work with any other government except President Buhari and President Asiwaju?

Therefore, extending loyalty across Presidential personalities; the enterprise should be such that is renewable under any legitimate government, otherwise, it is vulnerable to the certitude of future criminal probes.

Consequently, the sustainability of a regulated organization should not be dependable on the personality of the president, or upon the preference for individualism, but rather it should be at the administration of any presidential office, therefore, it is an opinion superior that if Peter Obi were the President, Chief Asari would still approach his administration for renewal and redeployment, in the other hand, Peter Obi would not have any reasons not to oblige because no government can erode itself from an internally regulated mercenary structure.

CONCLUSION.
Mercenary participation is a welcome industry if it is locally made and regulated. However, the geographical stretch of Nigeria viz a viz her anomalous insecurity challenges, she would prefer an unmonopolized system, where the industries are generally opened beyond ethnic, tribal and religious barriers,

It is safe for a government to explain away the existence of unregulated mercenary participation through the process of “silent fiat” or through the method of acceptability taste, otherwise, the government became culpable.

One of the advantages of this unique industry while it is local and restrained, it is also a heavy employment structure which is capable of engaging 78% of the unemployed and 86% of already employed Nigerians, not excluding those who are in the diaspora.

Finally, it is not only conventional regulations that give legitimacy, an executive order also gives a temporal legality, however, during the running of any enterprise which derives authority from an executive order, it acquires the same authority and effect as every other traditionally made law.

In the next episode (part 3) I shall be mentioning some contemporaries of Asari’s kind of mercinary participation, such as whistleblowing, coordinatorial and voluntary participation.

Enemuo CC. Esq. is a manufacturer of Anambra State descent.