Dear Your Excellency,
My Able Leader Prof Babagana Umara Zulum.
A PASSIONATE PLEA FOR RECONSIDERATION OF THE BAN ON SALE OF FUEL IN BAMA LGA
I write to you today not only as a lawyer and human rights advocate but also as an indigene of Borno State whose heart beats for the security and welfare of our people. I pen this letter with deep reverence and immense appreciation for your exceptional leadership and tireless efforts in reclaiming Borno State from the grip of insurgency. Indeed, under your stewardship, hope has returned to towns that were once abandoned, and the Bama Local Government Area is a remarkable example of such revival.
However, I want to passionately appeal to Your Excellency to duly reconsider the recent directive imposing an outright ban on the sale of fuel (petrol) in all filling stations within Bama LGA, including Bama town and Banki. I understand and sincerely appreciate that this decision was informed by consultations with security agencies and motivated by the urgent need to combat the lingering security threats posed by insurgents. Your concern for public safety is both genuine and commendable.
Nevertheless, I am deeply troubled by the devastating humanitarian and socio-economic implications that such a blanket ban would inflict on innocent residents of Bama. Fuel is not just a commodity; it is a lifeline. It powers the tricycles and vehicles that transport goods and people; it runs the generators that power small businesses and households in the face of our country's epileptic electricity supply; it sustains the daily livelihood of countless traders, transporters, artisans, and families who are only just beginning to rebuild their lives after years of devastation.
Bama, as Your Excellency knows, was once a ghost town due to the unspeakable horrors of Boko Haram. But through the resilience of our armed forces and your people-centered administration, life is gradually returning. The directive, however, risks reversing this hard-won progress. A total ban on fuel sales will weaken the local economy, isolate residents, and force many to relocate to other towns like Maiduguri in search of basic survival, leaving behind deserted communities vulnerable to fresh occupation by insurgents.
As a constitutional lawyer, it is also incumbent upon me to bring to your notice the threat of punishment for those found violating your directive, as its enforcement raises significant legal concerns. While I recognize Your Excellency's duty to maintain peace and order, it is imperative to clarify that executive directives do not, on their own, constitute laws. The Constitution of the Federal Republic of Nigeria, 1999 (as amended) is evident in Section 36(12): "…A person shall not be convicted of a criminal offense unless that offense is defined and the penalty therefor is prescribed in a written law…"
No matter how forceful, a governor's directive is not law; thus, no citizen of Borno state should have their fundamental rights violated on this basis, as it is not an offense defined in a written law, and its punishment is not prescribed. The Supreme Court held in the case of Nwaoboshi v. FRN (2023) 16 NWLR (Pt. 1911) 539 that a person could not be convicted for an offense not created by written law. Consequently, any threat to arrest, detain, or prosecute persons solely for contravening this directive would be unconstitutional and expose the government to costly and avoidable litigation for fundamental rights violations.
Further, it is worth recalling that the 2024 ban on electric bikes, motorcycles, and cars in Maiduguri has already increased our people's dependency on petrol-powered means of transportation and commerce. Adding another layer of restriction will worsen the plight of the average citizen, particularly in rural communities like Bama, where access to alternatives is practically non-existent.
Your Excellency, I do not just write for writing's sake or to undermine the critical need for enhanced security. Instead, I propose a balanced and humane alternative. Instead of a total ban, may I respectfully suggest the designation of one or two filling stations within Bama LGA to operate under the strict supervision of security agencies. This approach would allow the state to monitor and control fuel distribution while preserving the essential flow of economic and social life for residents. It would also deny insurgents the vacuum they often exploit when communities are weakened or abandoned.
Banning fuel indiscriminately will not defeat insurgency; it may only breed further desperation. History has shown that poverty and loss of hope are potent recruitment tools for terrorist groups. A policy that deprives thousands of jobs and disrupts livelihoods may unintentionally catalyze the crisis it seeks to prevent.
Your Excellency has been a beacon of progressive leadership in the North-East and beyond. You have encouraged displaced citizens to return and rebuild their communities. This directive, however, stands in stark contrast to that noble objective. In pursuing security, we must not inflict more significant harm on the people we seek to protect.
I appeal to your sense of justice, compassion, and vision. Let good counsel prevail. Let the resilience of Bama's people not be extinguished by policies that make daily life untenable. Let us work together to secure our state without sacrificing the dignity, rights, and survival of its people.
May Almighty God bless Your Excellency with wisdom, strength, and enduring success in your mission to restore peace and prosperity to Borno State.
Yours respectfully and passionately,
Signed :
Hamza N. Dantani, Esq.
Legal Practitioner
Constitutional and Human Rights Activist.
https://profileshumanrights.blogspot.com
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