Extricating Nigeria from CPC Designation

The Advocate

By Onikepo Braithwaite

Onikepo.braithwaite@thisdaylive.com

Designation of Nigeria as a CPC 

Last week, Nigeria was designated as a ‘Country of Particular Concern’ (CPC) by President Donald Trump under the International Religious Freedom Act of 1998 (IRFA). This is the second time this has been done to Nigeria under a Trump administration, the first time being during President Buhari’s administration in 2020, along with Pakistan, Saudi Arabia and other countries. The rumour that Trump would make this designation, had been rife from earlier this year, so, this action didn’t come as a complete surprise. What did Nigeria do, at least, from the inception of the Tinubu administration in 2023 to date, to counter this negative report? Are there any grounds for this CPC designation? Or are there just some circumstances, which appear to fuel an assertion that may be incorrect? 

According to the UN Convention on the Prevention and Punishment of the Crime of Genocide, Genocide is “an act committed with the intent to destroy in whole or in part, a national, ethnical, racial or religious group”. While it cannot be denied that there are multiple cases of killings in Nigeria, both Christians and Muslims have been killed over the years, and in some cases, by religious extremists. But, is there a concerted effort by Muslims to annihilate Christians in Nigeria? Yes, Christians have been killed by Muslims, Christian clergymen kidnapped and also murdered, but, do these incidents meet the standard of the definition of Christian genocide? These criminals go for what they perceive to be soft targets, where they believe they can collect huge ransoms. So, for example, a clergyman, easily identifiable in his cassock would qualify as such, for obvious reasons – he’s unarmed, possibly travelling alone for Church work, and they believe the Church or the congregation will pay the ransoms they demand to secure the freedom of clergymen. For the criminals, it’s a business strategy, not guided by any desire to wipe out Christians, but to make money. Being a Christian in such circumstances, may simply be a mere coincidence. 

The Complexity of Insecurity in Nigeria

The issue of insecurity in Nigeria, is no secret, and, it is complex. See Section 14(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution). There are different reasons for insecurity, depending on the circumstances – for example, in the Northeast, there’s banditry and insurgency, some which may have begun as religious extremism such as Boko Haram, have since metamorphosed into pure criminality; some insecurity is economic, due to poverty and unemployment; some as a result of illegal mining and land grabbing. There is also violence of the Southeast fuelled by IPOB, initially as an agitation for Biafra, but, has also largely evolved into terrorism and criminality. In short, Nigeria is plagued with different types of insecurity. 

Allegation: Rare Earth Minerals

Some believe that the allegation of Christian genocide is an exaggeration. But, certainly, it cannot be said to be like that of Iraq during the time of President George W Bush, which was a false allegation based on unreliable intelligence that was contrary to that of experts, that Iraq still had a nuclear programme and weapons of mass destruction, which it didn’t. That, in the end, President Bush was just a war monger, consumed by US asserting herself as a global power and securing the oil benefits of Iraq, as the invasion was needless and based on falsehood. In Nigeria’s case, it’s undeniable that we do have a problem of insecurity. 

It has also been alleged that the CPC is merely a way to put Nigeria under pressure, in order for USA to be able to easily secure some of Nigeria’s extremely valuable Rare Earth Minerals (REM), such as Monazite, Columbite, Bauxite etc used to manufacture so many hi-tech items, nuclear applications, electric vehicles, computers, medical equipment and phones, to mention but a few? Several States across Northern Nigeria, including 6 of the Sharia States and Cross River State, have Monazite in abundance, a phosphate mineral which is important because of the variety of rare earth elements it contains, valuable for the manufacture of hi-tech items. The Southeast and further parts of the Southwest, are also endowed with REM. This however, doesn’t change the fact that Nigeria has a lingering problem of insecurity, which hasn’t been resolved in two decades. 

Breach of Section 10 of the Constitution 

We cannot deny that there are some valid reasons, that have promoted this narrative of religious intolerance in Nigeria. In the last 30 years, there have been about 7 or 8 widely reported instances of mob killings perpetrated ostensibly by Muslims, mostly for blasphemy, apart from 9 months pregnant Harira Jubril and her four daughters aged between 2 & 9, killed in Anambra State by ‘unknown gunmen’ in 2022. The fact that none of the perpetrators of these heinous crimes were punished, undoubtedly portrays a narrative about religious intolerance on the part of Muslims, and a tolerance of their intolerance by the Nigerian State that turns a blind eye, and allows such killers to go scot free.

Section 10 of the Constitution prohibiting the adoption of any National or State religion, breached by the 12 Sharia States, and their breach, ignored and condoned by the Federal Government of Nigeria (FGN), is, undoubtedly also an accelerant to this CPC designation for Nigeria. 

Since I became Editor of this esteemed publication in 2016, at the risk of sounding like a broken record, I have shouted from the rooftops to all who care to listen, that the practise of Sharia Law in the 12 Northern States beyond the implementation of Islamic Personal Law for issues of marriage, divorce and inheritance (see Section 38(1) of the Constitution; Agbakoba v AGF & Anor (2021) LPELR-55906(CA) on freedom of thought and religion), is unconstitutional, and must be stopped. That Sharia criminal law, cannot co-exist with a democratic setting. That the Constitution doesn’t confer criminal jurisdiction on Sharia courts, yet, they have exercised same unconstitutionally since 1999, without a challenge from the FGN. This omission appears to make the FGN somewhat complicit in the unconstitutional activities of the Sharia States, by standing by while the States’ Hisbah Police breach the rights of people, and the Sharia Courts without the requisite jurisdiction, prosecute, convict and even sentence people to death for adultery, fornication and blasphemy. Adultery and fornication may considered as immoral, but they are not offences in modern society. See the cases of Amina Lawal and Yahaya Sharif Aminu, both Muslims, both sentenced to death for adultery in 2002 and blasphemy in 2020, respectively. Also see Madukolu v Nkemdilim 1962 2 S.C.N.L.R. 341 on the consequences of a court lacking jurisdiction to hear a case. 

Firstly…. 

The first thing that the FGN must do to reverse this narrative of religious intolerance, is to uphold Section 10 of the Constitution, and take a firm stand against the adoption of Sharia/practise of Criminal Sharia Law in the 12 Sharia States, by going to the Supreme Court to secure the necessary declarations and repeal of any State Laws allowing same. If any of those Sharia State Governors has love for country, they wouldn’t wait until they are dragged to court to do the needful. After all, both President and Governors, in their Oaths of Office, swore to uphold and defend the Constitution, act in the interest of the solidarity of Nigeria, not to endanger the continuance of the FGN, and not to allow personal interest to influence their conduct or decisions (see the Seventh Schedule to the Constitution).

The violence experienced in the Middle Belt of Nigeria, perpetrated largely by Herdsmen against Farmers and locals, was referred to by the Attorney-General of Plateau State in our recent interview of him as genocide based on land grabbing. Some would respond that, genocide is genocide, irrespective of the underlying causes, and Government has done a poor job of protecting the Middle Belters. The AG talked about ethnic cleansing, in order for some to seize the lush lands of Plateau State which he described as also pregnant with precious metals. This isn’t to say that part of the violence, wouldn’t be based on religion, and to deny same would be an insult to those who have been killed for that reason.

Before the Sharia declaration spearheaded by the then Governor of Zamfara State, Ahmed Yerima in 1999, even if there was trouble between Muslim and Christians in parts of the North, it wasn’t on the scale of this Boko Haram terrorism and the like, that we see unleashed on the people today. The truth of the matter is that these so-called Muslim terrorists are Muslim in name only, and they kill people, irrespective of their faith. They do everything unIslamic such as stealing, killing, raping, consuming alcohol and taking hard drugs. They are nothing but criminals. 

Just as the Chibok Girls were kidnapped in 2014, so also, in 2021, 136 Muslim pupils and students ranging from age 3-14 and 3 Teachers were kidnapped from Salihu Tanko Islamic School in Niger State. 6 of the children, died in their captivity. Kidnapping of children from schools became less about Western education being prohibited by Islam, and more about a money-making criminal enterprise of kidnapping children for ransom, the religion of the abductees being irrelevant. The Chibok girls were simply used as sex objects, forcibly married to their abductors, as some of those who were rescued or released, came back with children they bore in captivity. 

Just like there was an attack on St Francis Xavier Catholic Church, Owo, Ondo State leaving about 40 worshippers including children dead, less than than two months ago, on September 15th and 26th, there were attacks on two Mosques in Zamfara State, during the early morning Fajr prayer. In the first attack in Gidan Turbe Village, about 40 Muslim worshippers were said to have been abducted, while in the second attack in Yandoto Village, 5 Muslim worshippers were killed, and others, abducted and taken into the forest.  

Senator Ted Cruz and Nigeria Religious Freedom Accountability Bill of 2025

Senator Ted Cruz is also pushing the Nigeria Religious Freedom Accountability Bill of 2025 (NRFAB) which was introduced to the US Senate in September (and a corresponding Bill introduced to the US House of Representatives last month), a retrospective/retroactive law which is to take effect 10 years prior to the enactment of the NRFAB (roughly in the early days of President Muhammadu Buhari’s administration) (see Section 2(2)(A) of the NRFAB), imposing sanctions on corrupt officials or those involved in human rights abuses, and of course, Federal officials and State Governors, who amongst other acts, have promoted, enacted and maintained blasphemy laws or tolerated violence of non-State actors using religious justification to perpetuate violence. Even judicial officers who have enforced blasphemy laws, are not to be spared. So, for instance, those who prosecuted, convicted and sentenced musician, Yahaya Sharif Aminu to death in Kano State in 2020, would be culpable under the NRFAB. Similarly, the Kano Attorney-General who entered a Nolle Prosequi in 2017 in Betty Agbahime’s case, thereby releasing some of the Defendants identified as her murderers, as a result of allegations of blasphemy levelled against her, would also be caught by the NRFAB. 

Conclusion 

I don’t think anybody is deceived or under the illusion that President Trump or Senator Cruz are acting out of altruism, or out of love for Nigerian Christians. But, be that as it may, insincere or hypocritical,  it’s rather shameful that it is them, the Americans, and not the FGN, that have decided to take decisive action in this matter, to ‘secure’ Nigerian lives. 

It is imperative that a Nigerian Ambassador to USA be appointed forthwith (and to all the other countries too). It may not have come to this, if Nigeria had a seasoned Diplomat representing her interests in US, engaging with their Government. 

Apart from taking the aforementioned steps involved in upholding Section 10 of the Constitution, which will be seen as enhancing religious freedom, perpetrators of some of the aforementioned heinous crimes must be prosecuted; insecurity must be tackled head-on and the more vulnerable people, protected. Governors of the Sharia States, must be called to order. It mustn’t always be about politics and losing Muslim votes; if President Obasanjo had nipped the Sharia declaration in the bud then, maybe Nigeria wouldn’t be in the rut it is today. There must also be Police reform. And, all these measures must be commenced immediately, because within the next 90 days, President Trump will review his course of action, following the CPC designation. 

Technical assistance from US for the destruction/annihilation of these criminals and terrorists who have made life hell for Nigerians for almost 2 decades, displacing people from their homes, could be helpful to Nigeria. Finally, the killing of one Christian alone, or indeed, the unlawful killing of anybody, is a death too many. Nigeria is in dire need of peace and security.