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African Centre for Crime and Security Studies Working Paper From ‘Ethnic Militias’ to ‘Jungle Justice’? Continuity and Change in Informal Policing Practices in Nigeria Dany Franck A. Tiwa Research Fellow at the African Centre for Crime and Security Studies 11 October 2020 www.accss.cm Working Paper-3 1
African Centre for Crime and Security Studies (ACCSS Africa) Yaoundé, Cameroon © 2020 by the African Centre for Crime and Security Studies Les opinions exprimées dans ce rapport ne reflètent pas nécessairement les vues d u African Centre for Crime and Security Studies, qui ne préconise pas de positions politiques spécifiques. C'est un document de travail. Les commentaires, questions et permissions de citer doivent être adressés à l’auteur à dfatiwa@gmail.com. 2
À propos de cette étude Cette étude, « From ‘ethnic militias’ to ‘jungle justice’? Research and change in vigilantism in Nigeria » a bénéficié du soutien financier de la commission de l’union européenne qui a, à travers le programme Erasmus Mundus, financé les recherches doctorales dont l’étude est extraite. À propos de cette série Les documents de travail de l'ACCSS Africa sont des travaux en cours non encore édités qui peuvent paraître dans les futures publications de ACCSS Africa, des revues à comité de lecture et des ouvrages collectifs édités. Ce produit est uniquement distribué en ligne et n'a pas d'équivalent papier. 3
From ‘ethnic militias’ to ‘jungle justice’? Continuity and Change in Informal Policing Practices in Nigeria Abstract This paper argues that although the existing literature has shed considerable light on the practice of vigilantism in Nigeria, it has also obscured entire dimensions of the problem, thereby preventing us from anticipating major shifts that the practice has undergone. These shifts, it is suggested, call for and justify a renewed scholarly attention to the criminological aspects of the vigilantism in Nigeria. Introduction The literature on vigilantism in Nigeria is relatively abundant. A search of the words ‘vigilantism in Nigeria’ on google scholar yields “About 7.970 results [in] (0,04 sec)” 1. While vigilantism in Nigeria was mentioned once in a while in the 70s (see Mazrui, 1976; Rosenbaum & Sederberg, 1974), 80s (see Ayeni-Akeke, 1968) and in the 90s (see Mwalimu, 1990; Nield, 1999; Senechal de la Roche, 1996), the practice itself only became the independent variable to be explained in the 2000s. The most cited publication on the issue were released between 2001 and 2008. The moment was particularly suitable. Following more than three decades of political instability and military rule, Nigeria returned to democracy in 1999. One of the effects of the shift to democratic rule was the proliferation of vigilante groups in the country in response to a perceived rise in criminality. Many communities also established such groups or endorsed them as an instrument to claim their own share of the country’s wealth and political authority. Among the groups that most captured attention at the time were the Bakassi boys in the east, the Oodua People Congress (hereafter OPC) in the West and the hisba—Sharia implementation committees—in the north. All three groups were very popular, very violent, willing to openly challenge the authority of the federal government, and, to self-identify with their primordial ethnic or religious communities. As a result, they attracted scholars (Adamu, 2008; Adebanwi, 2005; Baker, 2002; Harnischfeger, 2003; Human Rights Watch, 2003; Last, 2008; Meagher, 2007; Nolte, 2007, 2008; Nwankwo, 2006; Olaniyi, 2011; Smith, 2004; Ukiwo, 2002 etc.) and human rights advocates (Human Rights Watch, 2003; Human Rights Watch (HRW/CLEEN), 2002 etc.). These ethnic militias 1 Search made on 23 September 2020 4
as they have come to be known, account for the vast majority of the scholarship that has been produced on vigilantism in Nigeria so far. Until now, the most comprehensive effort to come to term with Nigeria vigilantism is a special issue of Africa, the journal of the International African Institute that was published in 2008 under the supervision of the social anthropologist David Pratten. Entitled Perspectives on Vigilantism in Nigeria, the special issue examined the history of the practice (Fourchard, 2008), its intersection with gender (Adamu, 2008; Nolte, 2008) and social mobilization in the context of conflict and enmity between rival groups (Higazi, 2008), its origin in or correlation with anxiety and feeling of insecurity (Last, 2008), and its politics (Pratten, 2008a, 2008b). Still, the issue did not manage to examine the phenomenon in all its complexity. An important dimension they all neglected is the role that spontaneous mobs play in Nigerian vigilantism. Indeed, despite having preceded (see Mazrui, 1976), coexisted with, and survived many vigilante groups in the country, spontaneous and ephemeral gatherings of ordinary people with the aim of engaging in vigilante activities—interpellation, investigations, judgement, and punishment of alleged criminals—have never come under scholarly scrutiny 2 despite their comparable toll on individuals and society. Consider the following extract from a motion voted by the upper chamber of the Nigerian National Assembly: […] disgusted that this is not the first time in the country that mobs have engaged in jungle justice. Some of the instances of jungle justice still fresh in our memories are as follows - We can never forget when four young boys, Ugonna Ubuzor, Toku Lloyd, Chiadika Biringa, and Tekena Elkhanah, all students of the university of Port Harcourt were lynched in 2012 after they were falsely accused of being thieves in Aluu, a community in Port Harcourt, Rivers State. - Sometime in October 2016, it was reported that a young man trying to steal a flat screen TV from a football viewing centre in Uyo, Akwa Ibom State, had his arm chopped off by an irate mob on suspicion of stealing. - On October 19, photos of a suspected burglar tied up like bush meat surfaced online. He was said to have been caught red-handed after breaking into a house and trying to steal some valuables in Sokponba in Benin City, Edo state. He was beaten blue and black, tied up like bush meat and later handed over to the police. - In February 2016, one Akinifesi was reported to have been beaten to death by a mob in Ondo State for engaging in homosexuality. 2 A notable exception is Salihu and Gholami (2018) who studied the determinants of the recourse to “mob justice” in Lagos state. They however didn’t expressly study “mob justice” as a form of vigilantism. 5
further disgusted at the growing culture of extreme hate and disregard to human life, coupled with institutional lethargy against prosecution by some State attorneys general, with the recent case of Mrs. Bridget Agbahime, who was killed in July 2016 by an angry mob in Kano for having a different [religious] opinion from those of her attackers;(…) (Senate of the Federal Republic of Nigeria, 2016, p. 915). All the incidents mentioned in the motion were perpetrated by people who qualify as vigilantes but who have not interested scholars of vigilantism in Nigeria. As the motion shows, the impact of vigilantism carried out by spontaneous groupings goes beyond the individual victims who are often “falsely accused of being thieves”, extending to state institutions and officials often accused of “lethargy”. In addition, the motion shows that the practice occurs throughout the country, including the North (Kano), the South (Rivers and Akwa Ibom states), and the West (Edo and Ondo states). In fact, incidents such as those mentioned in the motion have become so common in Nigeria that the National Assembly passed an “anti-jungle justice” bill of law late in 2017 in an effort to combat the practice. 3 Why has this dimension of vigilantism evaded academic study and what have been the consequences of this neglect? This article traces the neglect of vigilantism perpetrated by spontaneous and ephemerous gatherings to three main factors. The first factor is the little attention given to conceptual issues. A major characteristic of the literature on vigilantism in Nigeria is that it is unclear where the practice starts and ends. The second factor is the controversy about the real motivations of vigilantes in Nigeria. This controversy incentivized most scholars to take a particular side in the debate and, as a consequence, other dimensions of vigilantism were overlooked . The final factor is that scholars who studied vigilantism in Nigeria were mostly concerned with issues located beyond vigilantism itself, including notions of civil society and citizenship. In other words, they studied vigilantism as a way to understand societal issues other than crime and crime control that underlie the existence of vigilante groups. In discussing those factors, the article will examine the consequences of the existing literature’s blindness to some dimensions of the practice of vigilantism in Nigeria. Specifically, it will point out that the explanations provided about the motivations of members of vigilante groups do not hold for those who join spontaneous mobs. In addition, the article will stress that, as a result of the bias for vigilante groups, scholars have failed to anticipate the shift of the bulk of vigilante violence and killings from organised groups to spontaneous mobs in Nigeria. Drawing on these observations, the 3 See https://www.nassnig.org/news/item/556 consulted on 23 September 2020 6
article advocates for redirecting the scholarly gaze to the criminological dimensions on vigilantism in Nigeria, that is to study it first and foremost as a crime control technology. 1. Conceptualisation and agency in the Research on vigilantism in Nigeria The exclusion of mobs from the research on vigilantism in Nigeria can be attributed toa lack of conceptual clarity. A disregard for conceptual issues has allowed researchers to arbitrarily choose objects of research while excluding others. In his introduction to the aforementioned special volume of the journal Africa, David Pratten does not provide the reader with a def inition of the word vigilantism. Furthermore, he does not explain why he and his colleagues decided to focus—right from the second line of the introduction—on “vigilante groups .as popular responses to theft and armed robbery” (Pratten, 2008a, p. 1 emphasis added) in Nigeria. This dual omission, shared by most publications on the topic, is important to note because spontaneous mobs have never been expressly excluded from any definition of vigilantism. For Les Johnston , “[s]ome vigilante acts are clearly ‘one off’ events, involving isolated individuals or larger groups in ad hoc mobilization. In contrast to this minimal level of organization, other examples involve the relatively long-term mobilization of members for some highly organized collective end.” (Johnston, 1996, p. 223). According to Kirsch and Grätz (2010, p. 1 emphasis added) vigilantism is “ an ever-evolving and contested social practice that can be enacted by different types of social agencies and that takes diverse organisational forms.” In other words, the difference between “mobs” and “groups” as agents of vigilantism lies in their respective levels of organization and the duration of their mobilization, and not in their nature or in the objectives they seek to attain. In fact, by shifting the analytical lens from the participants to the practice itself, the political scientist Eduardo Moncada (2017) was able to erase the groups- mobs and organized-disorganized dualities that underlie earlier conceptualizations (Johnston, 1996, pp. 22–24; Sherrington, 2007, p. 7). Instead of focusing on the perpetrators—whether they claim membership to an organization or not for example—, he focuses on the “degree to which vigilantism is critical for an organization’s survival [which he calls] the primacy of vigilantism.” (Moncada, 2017, p. 414 emphasis in the original). He identifies three ideal-types of primacy levels: high, medium, and low. The ‘high primacy’ level applies to instances “where vigilantism is both necessary and sufficient for sustaining the organization that carries it out” (p.414). In other words, the idea of high primacy conceptualizes vigilantism as a kind of magnet that brings people together and which loses its magnetism once the punishment is ena cted, an accurate description of how mobs operate. 7
Given that so many authors have recognised mob lynchings as an integral part of vigilantism, how can one make sense of the tendency to ignore it in studies of vigilantism in Nigeria? I suggest that that this tendency might stem from the propensity among social scientists to deny participants in mobs any agency. Indeed, when vigilantism perpetrated by immediate bystanders and witnesses of an act deemed condemnable is mentioned, it is generally to illustrate journalistic excesses and to claim more complexity and sophistication for the social practice in reference to relatively structured groups which scholars then move on to study (Buur & Jensen, 2004; Pratten, 2008a). And when they study mob vigilantes, the underlying objective is often to demonstrate that individual perpetrators lack agency. A noteworthy example is Mark Gross’s (2016) description of (mob) vigilante violence as governed by “forward panic” (see Collins, 2008), a process by which an emotional barrier of “tension and fear” that prevents most confrontational situations from degenerating into violence is suddenly overcome, allowing “emotions and actions [to]erupt forcefully” and to overpower those that carry them (Gross, 2016, p. 243). In the sociologist’s view, the “excessive and gratuitous violence” (p.240) so characteristic of some instances of (mob) vigilantism is due to vigilantes finding themselves in an “emotional tunnel” that leads them through an uncontrollable four stages process of violence escalation, namely, the “build -up of tension/fear”, the “sudden resolution of tension in favour of one side”, the “piling on” and the “overkill”. He conceptualizes “overkill” as “the prolonged beating or attacking even when the conflict is over and won. It is…excessively violent or brutal attacks on defenceless individuals, attacks far beyond what is required for victory” (p.249 Emphasis added). Elsewhere in the article, he adds that overkill “is the process whereby people are caught up in the intense and collective emotional atmosphere or “tunnel” of forward panic and cannot stop their momentum” (p.256). Gross’ article thus compares taking the law into one’s own hands to a fight or a sport which can be won, and which should stop after the victory. That acts of lynching do not follow those simplistic rules is interpreted as evidence that the protagonists are no longer in charge, that they have lost control of their emotions. His framing of vigilante violence in South Africa’s townships is deaf and dumb to the literature on retribution. While he talks quite fairly of deterrence, he does not engage with deterrence theories, and his use of the literature on vigilantism is limited to issues of conceptualization. Whether they were negligently or intentionally ignored—as they would have seriously undermined his arguments—those shortcomings make Mark Gross’s article, at best, a good description of vigilante violence, 8
although one that is unnecessarily and incorrectly locked in a sequential framing—“forward panic”; but it is not in any way a serious explanation of the phenomenon. The limitations of Gross’ article, however, shed light on some biases against and an unease with a form of social agency that, despite its contemporaneity, looks premodern and barbaric. Gross’ inclination to deny vigilantes any agency recalls the French psychologist Gustave Le bon (1960) who believed that individuals get transformed and that their su bjectivities get drowned in and dominated by collective behaviour in mobs. Very influential in the mid nineteen century, “[t]he myth of the madding crowd” has since been discredited by collective behaviour scholars who mostly believe that individuals retain their identity and follow their own objectives while participating in a mob action (see McPhail, 1991). Furthermore, (Tiwa, Forthcoming) has cogently described the rationale behind the seemingly irrational violence of (mob) vigilantes. Specifically, he has demonstrated how the illegality of the practice and the related risk of prosecution, as well as the risk of retaliation by surviving offenders, influence the form and the quantity of incapacitation that vigilantes apply. Besides the failure to address conceptual issues surrounding vigilantism and an unease with a form of collective action that looks premodern, another factor has also contributed to the exclusion of spontaneous mob vigilantism in research on vigilantism in Nigeria. This factor is the controversy about the true motivation of members of vigilante groups that mushroomed in the country in the early 2000s. Next, I show how this controversy forced scholars to engage in a debate over whether vigilantes in Nigeria are plain criminals or are the defenders of th eir communities as they claimed. 2. Angels or devils? Controversy and research on vigilantism in Nigeria While vigilantes across the world may claim that they are concerned with fighting crime that the state has failed to address (Berg & Wendt, 2011), many of those who studied vigilantism in Nigeria have doubted that fighting crime is what motivates the thousands of young men who have formed vigilante groups in the country since the late 90s. This suspicion has arisen from the fact that many vigilantes work hand in hand with and often for corrupt politicians (Baker, 2002; Harnischfeger, 2003; Nwankwo, 2006; Reno, 2005, 2005; Smith, 2004; Ukiwo, 2002), from their tendency to fight among themselves as well as against external competitors over lucrative turfs (Duruji, 2012; Guichaoua, 2009, 2010; Nolte, 2004, 2007, 2008), and for the quality of their membership, often made up of thugs, hoodlums, and other dreaded individuals that populate Nigerian cities (Gore & Pratten, 2003; Guichaoua, 2009; Nolte, 2007). The group 9
that has encapsulated most of these paradoxes is the ‘Bakassi boys’which emerged in the south- eastern region of the country in 1998. Before it was disbanded in 2002 by the federal government following growing accusations of serious human rights abuses, the Bakassi boys had extrajudicially killed hundreds of alleged criminals (Baker, 2002, pp. 225–227; Harnischfeger, 2003, pp. 23–24; Human Rights Watch (HRW/CLEEN), 2002; Meagher, 2007, pp. 93–94; Nwankwo, 2006; Smith, 2004; Ukiwo, 2002). The inhabitants of the region initially welcomed the Bakassi Boys as saviours because of the perceived effectiveness of their methods—torture, occult practices to determine guilt, extra judicial killings etc.—and their alleged incorruptibility which contrasted sharply with the widespread practice of bribe-taking by policemen. In fact, the vigilante group was so popular at first that the demand for its services quickly expanded beyond Aba, the capital city of Abia state where it was formed spontaneously following an umpteenth attack by armed gangs at a marketplace that left a businesswoman dead (Meagher, 2007). Neighbouring states, namely Anambra, Ebonyi and Imo, where the level of insecurity had forced many “residents into a self- imposed curfew after 7pm” or to seek refuge in churches at night (Baker, 2002, p. 225), invited the Bakassi Boys to do in their cities what they had achieved in their hometown, that is, a swift and complete elimination of armed robbers and other violent street gangs. The problem, however, was that, besides dealing with ‘criminals’, the group’s members were also used by local politicians to settle personal scores with their opponents. Arguably the most politically motivated extrajudicial killing attributed to the Bakassi boys was the murder in September 2002 of the President of the Anambra state—where the group was renamed Anambra State Vigilante services—chapter of the Nigerian Bar Association. The prominent lawyer happened to be very critical of both the Anambra State Governor and of the activities of the Bakassi Boys as well as the ties between the two (Human Rights Watch (HRW/CLEEN), 2002, p. 16). In addition to politically motivated killings, the members of the group had also been accused of preying on the local population through “levies they imposed on businesses of every size - fees increasingly viewed as protection money”, or by intervening in disputes as ‘paid muscles’, or even worse, by kidnapping people for ransom (Smith, 2004, p. 448). Criminal or immoral activities were not exclusive to the Bakassi boys, however. In the southwestern part of the country, a vigilante organization has attracted attention for similar reasons. Originally an ethnonationalist organization formed in the aftermath of a failed transition to democracy in 1993 to defend the political interests of the Yoruba nation within 10
the Nigerian federation,4 the O’odua People’s Congress (OPC) embraced vigilantism both as a response to a crime wave, and as a strategy to secure legitimacy among the residents of the major cities across the region (Guichaoua, 2009, p. 528). Like the Bakassi Boys in the eastern part of the country, the OPC quickly demonstrated tangible results thanks to extra-legal lethal violence and the use of magical practices that allegedly helped them both speed up investigations and avoid killing innocents. The ‘successes’ of the OPC in the fight against crime contrasted with the police’s perceived failure in this domain. A legend of the group claimed that, whereas the police had deserted entire neighbourhoods in some cities because of the superior firing power of criminals, OPC members, more courageous and supernaturally powered, raided those “no-go areas” and either killed the criminals inhabiting them, or forced them to flee to neighbouring cities and states (see Guichaoua, 2009, p. 528; Nolte, 2004, 2007, 2008). Perhaps, the best evidence of the ‘successes’ of the OPC in its vigilan te activities is the fact that the organization has managed to remain, to date, one of the major providers of security to individuals, small businesses and to marginalized communities in southwestern Nigeria. However, the vigilante group has also been accused of using criminal violence against non- indigenous groups—the Ijaw, Igbo, Hausa Fulani etc.—generally to take over lucrative turfs such as market places or rent-friendly activities such as the Dockers Union (Guichaoua, 2009, pp. 530–531; Human Rights Watch, 2003). In addition, OPC members have also been accused of organizing a “protection racket” (Guichaoua, 2009, p. 529) and OPC members were very hard to distinguish from plain criminals. Many of them were believed to be “street gangs and ex-areas boys” (Adebanwi, 2005, p. 348; also see Guichaoua, 2009, p. 527), that is the same individuals that many Nigerians believe are criminals. This tendency to enlist disenfranchised youth and criminal minded individuals has been reported among many other vigilante organizations across Nigeria (For Benin city for example, see Gore & Pratten, 200 3, p. 226), raising the question of the real motivations of these groups’ members. In fact, this question appears to have dominated debates about vigilantism in Nigeria. Indeed, the increasingly apparent involvement of young vigilantes in ordinary economic crimes as well as in politically motivated criminal activities led to opposing arguments among scholars who disagreed on how to understand these trends. Three main theories emerged from those 4 On 12 June 1993, a presidential election supposed to return power to civilians after decades of military rule took place in Nigeria. Although it was adjudged free and fair by many who also believed the Yoruba candidate, chief Abiola, had won, the election was annulled a few days later by the sitting head of state, general Babangida. The Yorubas saw the move as another evidence that the northerners who controlled the government at the time would never allow one of them to rule the country. 11
debates. The first theory believes that what motivates most young men to become vigilantes are the economic and political benefits they anticipate. In other words, increasing vulnerability to crime and widespread feelings of insecurity which followed the retreat of the Nigerian state from security provision created opportunities countrywide for disenfranchised youth with nothing to lose and with competency in violence to force “their way into the social system from which they are excluded” (Reno, 2002, p. 839). According to the political scientist William Reno (2002, 2005), the leading proponent of the self-interested opportunists thesis, the criminal mindedness of vigilante organizations in Nigeria must be read in the context of the overall failure of reformist insurgencies in failed states. He attributes this failure to patronage politics through which most such countries are ruled as a way for their rulers to control people by monopolizing economic opportunities (Reno, 2002, p. 837). His major claim is that when the system of patronage politics collapses at the centre, and is being challenged by progressive mass movements, including grassroots mass initiatives for the provision of security, local political entrepreneurs seeking to maintain their hold on local commercial opportunities mobilized their criminal allies and supported them with weapons and protection against rivals thereby enhancing “the orga nizational position of members who pursue individual economic interests” while undermining that of those “with more overt ideological agendas” (p.837). The result of these developments is the dominance of what he calls “economic insurgents”: In this context [of collapsing patronage networks], the best skills to have as a leader are a willingness to use exemplary violence… and a preference for supporters who are also primarily motivated by economic gain. Thus, the most typical supporters are young men (and s ome young women) who use violence and disorder to enrich themselves. They are the most vigorous segments of most societies…Many conclude that possessing a gun and the support of a local strongman offer them the best chance to remedy their difficulties. Eco nomic interest is thus joined to the political, since personal gain is compatible with settling scores and acting against local injustices (Reno, 2002, p. 854) The second theoretical account has taken the opposite direction. While recognizing that vigilante members have gotten involved in criminal activities, this outcome has been attributed not to their initial criminal mindedness, but to their vulnerability to local authorities who, foreseeing the political gains they could make from the popularity of tho se groups, successfully ‘hijacked’ them. In other words, while Reno’s account of the emergence of vigilantism in 12
Nigeria claims that bandits and other miscreants formed security provision organizations to enrich themselves, this second school of thought argues that vigilantes were originally concerned citizens appalled by the levels of crime in their communities. The leading defendant of this line of thought is the British sociologist Kate Meagher. In an article she published in 2007 entitled “Hijacking civil society: the inside story of the Bakassi Boys vigilante group of South-eastern Nigeria”, the product of months of ethnographic research in the city Aba where the group was founded in 1998, she pleads in favour of the ‘boys’. In her view, they were all but “collections of thugs and marginalized youth struggling for their share of patronage and preying on the communities they claim to protect.” (Meagher, 2007, p. 92). Rather, they were “informal shoe producers concerned with basic security” (p.111) and who “took up their matchets…and declared war on criminality…for several weeks, in the course of which the vigilante group took shape.” (p.97) and whose popularity “lay in their demonstrations of honesty…accountability and lack of corruption” (Meagher, 2007, p.99; also see Nwankwo, 2005, p.103). Regarding accusations of human rights violations, especially the use of gruesome and lethal violence by the Bakassi boys, she believes it was instrumental to resist “bribes and political pressure”, to restore security and that for “local people… in the context of rampant armed robbery and police corruption, it was better than the alternatives” (p.100). In other words, both the Bakassi Boys and their supporters saw the recourse to violence as a necessary counterforce (Baker, 2002, p. 242). However, the achievements of the Bakassi proved to be their undoing as their growing popularity attracted the attention of local politicians—state governors—long deprived of the right to have their own police by the constitution. They saw in the Bakassi Boys the long- awaited opportunity to establish a balance of power vis-à-vis the federal government’s countrywide control of the police and “set in motion a process of political hijack” (Meagher, 2007, p.100) that the sociologist traces meticulously through a series of events that took place simultaneously in many states across the region. One such event was an internal dispute among the Bakassi Boys in July 1999 following which, “[t]he vigilante group…came under the control of the Abia State government, …were renamed the ‘Abia State Vigilante Service’, moved to a new office…and placed under the control of a committee chaired by a state appointee… The state government provided the group with a fleet of cars and buses, placed the vigilantes on the state payroll, and supplied the chairman of the Bakassi Boys with a Mercedes Benz…Activities were expanded, and new recruits [black legs] brought in under the new leadership. ” (p.103) 13
Ultimately, Kate Meagher argues, the involvement of local politicians in the activities of the group, resulted in the loss of popular control over the organization which then became increasingly bound up with thuggery, extortion and political killings, a situation which contrasted with the fact that there was almost “no reports of unjustified killings during the first fifteen months of Bakassi’s operation” (p.98). In short, unlike William Reno who saw vigilantes as vandals, Kate Meagher saw them as vanguards. This Manichean view that tries to discriminate among the ‘good’ and the ‘bad’ vigilantes has been criticized as normative and artificial by the proponents of what can be termed a third perspective on Nigerian vigilantes (Pratten, 2008a, p. 6). This perspective emphasizes the situated practices and moral imperatives that drive young men to engage in vigilantism. Its leading representative is the social anthropologist David Pratten. In the abundant scholarship he produced over a decade about vigilantism in Nigeria and elsewhere (Gore & Pratten, 2003; David Pratten in Kirsch and Grätz (eds) 2010, pp. 118–138; Pratten, 2008b, 2008a; Pratten & Sen, 2008) he has sought to “understand the [local] imperative to protect and punish” (Pratten, 2008a, p. 4) through a historically-informed analysis of indigenous cultures and the avoidance of artificial oppositions—such as state versus society, law versus disorder, genuine versus non genuine civil initiatives or legitimate versus illegitimate violence—on which he believes “vigilantes are ambiguously sited” (p.11). He argues that vigilantism in Nigeria is “the articulation of claims to a set of rights based on the historical and spiritual legitimacy of young powerful men, ‘sons of the soil’, defending the community under the protection of local religious injunction and protection” (Pratten, 2008b, p. 65 emphasis in original). In other words, while they use vigilantism to make demands on society and on the state, young men in Nigeria are also morally compelled by history and traditions to stand up for their “temporal and spatial communities in which [they] are vested with the rights to exercise justice” (p.68), even violently. The conflation of vigilantism with traditional institutions such as secret societies, charms, traditional medicines and oaths that dominates David Pratten’s scholarship about Nigeria (see Gore & Pratten, 2003) has been criticized for othering the civil initiatives of these communities as a reversion to the past (Meagher, 2007; also see Adebanwi, 2005). As it should be obvious by now, the unique features of Nigerian vigilantism have required scholars to spend a great amount of time and effort trying to understand the real motivations of vigilante members. Virtually all publications about vigilantism in Nigeria contribute to one or many of the above theses which led to other dimensions of the problem being overlooked, especially the role of spontaneous mobs. A question one might want to ask is why it was so 14
important to scholars to identify the drivers of youth enrolment in vigilantes groups. In other words, what drives them to engage in and to sustain the debate on the real motivation of vigilantes in Nigeria? I argue that vigilantism in Nigeria provided scholars with the opportunity to test various hypothesis about civil society, citizenship, and democracy in Africa . In other words, research on vigilantism has typically been driven by concerns located beyond vigilantism itself and understanding how vigilantes justify their existence as a form of crime control was not what attracted scholars towards the phenomenon. 3. Vigilantism in Nigeria: dependent or independent variable? Both the self-interestedness model of vigilante motivations and the hijacking thesis were formulated with issues broader than crime fighting and Nigeria in mind. The former was elaborated at a time when many countries in Africa—Algeria, Burundi, Republic of Congo, Democratic Republic of Congo, Angola, Liberia, Somalia, Sierra Leone, Sudan, Nigeria etc.— were either undergoing, were at risk of, or had just come out of civil wars or rebellions. Many of those conflicts, far from the more ideologically-driven liberation wars of the cold war period, had been dominated by economic interests in the form of ‘looting’, ‘banditry’, ‘greedy warlords’, ‘diamond trafficking’, ‘well-heeled arms traffickers’ (Reno, 2002, 2005). In addition, many other countries across the continent had shown signs of collapsing or decaying state institutions for over a decade, a situation which, in the view of many observers, should have awakened revolutionary impulses among those populations. This was, however, not the case and, as a conflict scholar, Williams Reno wanted to understand why. Vigilante groups in Nigeria—specifically the OPC and the Bakassi Boys—, also called ethnic militias because of their agitations for the autonomy or independence of their ethnic communities, gave him the opportunity to study why such groups, despite their ample capabilities, failed to transform into revolutionary mass movements. As I have mentioned earlier, his conclusion is that disenfranchised and daredevil-like youth ally with local patrons to—criminally—better themselves to the overall detriment of the wider population. For this reason, he expressly disqualified vigilantism in Nigeria as a civil initiative (Reno, 2002, p. 839) because they “bear little resemblance to ‘civil society’ in its liberal ideal” (Reno, 2005, p. 129 emphasis in the original). Kate Meagher on the contrary, was unsettled by the transformation of discourses about “African civil society” caused by the eruption and “proliferation of brutal militias” on the continent (Meagher, 2007, p. 90). In her view, “unrestrained enthusiasm” for its social, 15
economic, and political transformative potential had been replaced by pessimism and “disappointment” (p.90). Her objective therefore was the reversion of this seemingly miserable fate of civil society on the continent (also see Nwankwo, 2006). Accordingly, she argued that the issue is not the uncivil character of the civil initiatives in Africa (Fatton, 1995; also see Ikelegbe, 2001) but the lack of institutional protection for “the case of the Bakassi Boys demonstrates…remarkable resilience [for three years] in the face of neglect and abuse by elite forces and international policy agendas” (Meagher, 2007, p. 112). She subsequently warned commentators against the risks of blaming “African social institutions for the failures of neo- liberal reforms and weak states.” (idem) and invited commentators to renew efforts to identify “genuine civil impulses in the fluid and fractious institutional environment of contemporary Africa” (Meagher, 2007, p. 111 emphasis added). Scholarly interest in those issues had at least one major implication and one important consequence. The implication was scholars needed clearly identifiable research participants whose agency they could easily scrutinize and compare with those found elsewhere, a requirement that disqualifies participants in mob vigilantism. Indeed, although methodological challenges associated with the study of spontaneous mobs—e.g. there is no way to know where and when a lynching would occur—might explain their absence in studies of vigilantism in Nigeria, it can also be argued that a concern for a ‘liberal ideal’ of African civil societies among scholars has meant that only ‘autonomous’ groups—and not ‘formless’ mobs—were worth their attention (Meagher, 2007; Reno, 2002, 2005). The major consequence of the focus on vigilante groups is that scholars have missed the extent to which the bulk of vigilante violence in Nigeria has shifted, over the last years, from vigilante groups and ethnic militias to mobs. While it is difficult to trace precisely when this shift occurred, it is possible to link it to the dual strategy of repression -incorporation by the state against organized vigilante groups. With their members persecuted, imprisoned, or killed by the police, and the groups disbanded, as was the case of both the Bakassi Boys and the OPC, vigilante groups have had no other choice than to become the informal substitutes of the police. In practice, this has meant that each local Divisional Police Officer in the country knows exactly which group is active in each street or neighbourhood of his division and its leader. While this outcome certainly delighted the academic community, many of whom have advocated for “domesticating vigilantism in Africa” (Kirsch & Grätz, 2010), it has also resu lted in tremendous powerlessness for many vigilante groups that now have to follow the same tight rules—e.g. assumption of innocence, burden of the proof, right to a fair trial, proportionality 16
of the punishment etc.—that they used to subvert, a crucial reason for their ‘successes’ and popularity in the late 90s and early 2000s. The consequence of this outcome, however, has been that ‘ordinary’ people, claiming allegiance to no groups, have become the leading perpetrators of vigilante violence across Nigeria. In the process, they often confront not only the police but also their “substitutes” in communities, that is vigilante group members tasked with day-to-day policing. 5 These developments have not been anticipated by the academic community, perhaps becau se most scholars were more interested in issues located beyond crime and crime control than vigilantism itself. It is only by redirecting our attention to the criminological dimensions of vigilantism, that is, to vigilantism as a crime control mechanism, that we can truly understand its dynamics and perhaps anticipate its next move. Relocating the gaze is even more important because none of the explanations provided for the motivations of organized vigilantes can actually help us understand what drives people to join spontaneous mobs. Consider the youth looting-model. It holds that the involvement of disenfranchised young men in vigilante organizations across Nigeria is an attempt by these men to better their social, economic, and political lot, including through criminality (Reno, 2002, 2005). This explanation cannot account for people’s—young or otherwise—involvement in “jungle justice” insofar as participation in such collective activities does not seem to produce any social, economic, or political betterment for the participants. Put differently, while young men who form vigilante organizations across Nigeria might be motivated by the money that people pay for their security, the same argument cannot apply to those who perpetrate ‘jungle justice’ because there is no money involved: not only are they not paid by anybody, they also do not seek remuneration from anyone. Similarly, it is difficult to argue that they are seeking political ‘advantages’ in the form of increased influence in their communities becau se as both a mob action and a semi clandestine activity whose authorship no individual can —nor is willing—to claim, it is difficult to see how it can possibly bring any political dividends to the perpetrators who, in theory, meet and work together only once (Moncada, 2017). 5 On 16 March 2018, I happened to be in the office of a senior police officer in charge of homicide investigations when his junior colleague brought in a group of individuals implicated in a case of mob killing. The incident had happened on 27 February 2018 at about 9:30pm in Ikorodu, a town in the outskirts of th e city of Lagos. A commercial bike driver had been fatally stabbed by armed robbers who attempted to rob him of his motorbike; sometime later, a man was apprehended with blood on his clothes by a member of a local vigilante group. Once informed, bike drivers stormed the vigilante post and beat the suspected criminal to death. In the process, they also beat the vigilantes present because they sought to prevent them from killing the suspect. A vigilante, however, managed to arrest one of those he claimed had beaten him. 17
The second theory argues that vigilantes in Nigeria should be seen as concerned citizens pushed to the brink by criminal victimization and who have decided to combat it for the good of all and despite an unfavourable institutional environment (Meagher, 2007). While Meagher’s explanation seems more equipped—compare to the youth looting model—to account for young men’s participation in jungle justice as they can indeed be described as concerned citizens’, I want to suggest that it is not enough either. A closer look at the identity of vigilantes exposes the limits of her argument. Indeed, from her explanatory model, one should expect that those in the frontline of criminal victimization lead the revolt against criminals. This, however, has never been the case as vigilantes are typically recruited among the most impoverished segments of Nigerian society—jobless youth and unemployed young adults. There is no reason why they should be more concerned than other sections of the society because the y cannot be the main targets of criminals given that they have very little property. This is not to say, however, that the very little that they have cannot be stolen. What I am suggesting is that because they are marginal crime targets, according to Meagher’s model, they should not be leading the fight against criminals. The second problem with Meagher’s model is that it ignores to the fact that most vigilantes—if not all of them—across the country are men and that this fact requires an explanation of its own. Again, these shortcomings can be attributed to Kate Meagher’s interests in the mechanisms through which ordinary people’s civil initiatives are hijacked by corrupt politicians. This has arguably led her to develop tunnel vision (Lund, 2006, p. 678) and to lose sight of the composite identity—they are at the same time men, poor and young—of the actors through which vigilantism itself takes shape, spreads, and is normalized. The final perspective on vigilante motivations in Nigeria holds that young men in Nigeria use vigilantism to make demands on society and on the state—to address their predicaments—but are also compelled and legitimated by traditions to use violence to defend their communities against criminal threats (Gore & Pratten, 2003; Pratten, 2008a, 2008b). In other words, they are at the same time opportunists and citizens committed to fulfilling their traditional obligations vis-à-vis their communities. The limits of the ‘opportunist youth’ model has been discussed above but the role of moral imperatives is also limited when it comes to explaining mob lynching. For example, David Pratten’s claim that historically constructed moral communities are defended by groups of powerful young men modelled after precolonial secret societies (Pratten, 2008b) does not apply to most cities in Nigeria which are cosmopolitan in nature, many of them hosting populations not just from neighbouring cities and tribes but also from neighbouring countries. In fact, most of the evidence to support his claims comes from 18
ethnographic journeys among the Annang, a tiny and remote rural community in the equally small and remote south-eastern state of Akwa Ibom. Conclusion This paper has argued that although the existing literature has shed considerable light on the practice of vigilantism in Nigeria, it has also obscured entire dimensions of the problem, including the increasingly important role of spontaneous mobs. The paper showed that scholars’ neglect of this dimension was caused by many factors including the failure to engage with conceptual issues and the tendency to deny mobs agency, the focus on the controversy surrounding the real motivations of vigilantes and scholars’ interests in issues located beyond vigilantism itself. The most important consequences of these biases that the paper has highlighted are the failure to anticipate the shift of the bulk of vigilante violence from so-called ethnic militias to spontaneous mobs; and the inability of existing theories of vigilantism in Nigeria to help understand this new situation. Based on these remarks, the paper argued for redirecting the attention to the criminological dimension of vigilantism in Nigeria, that is to how perpetrators and supporters assume the practice help fight crime which justify its existence. Such an epistemological shift might help scholars come to term with the dynamics of vigilantism and perhaps also helps them anticipate its next moves. Reference Adamu, F. L. (2008). Gender, Hisba and The Enforcement of Morality in Northern Nigeria. Africa, 78(01), 136–152. https://doi.org/10.3366/E0001972008000089 Adebanwi, W. (2005). The carpenter’s revolt: Youth, violence and the reinvention of culture in Nigeria. The Journal of Modern African Studies, 43(3), 339–365. https://doi.org/10.1017/S0022278X0500100X Ayeni-Akeke, A. (1968). Collective violence in Nigeria: Patterns and significance. Research Review, 4(2), 22. Baker, B. (2002). When the Bakassi Boys Came: Eastern Nigeria Confronts Vigilantism. Journal of Contemporary African Studies, 20(2), 223–244. https://doi.org/10.1080/0258900022000005188 19
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Senate of the Federal Republic of Nigeria. (2016). Motion Condemning the Rising Cases of Jungle Justice in the Country. Votes and Proceedings, 8th National Assembly, Second session(39), 915–917. Senechal de la Roche, R. (1996). Collective Violence as Social Control. Sociological Forum, 11(1), 97–128. Sherrington, R. (2007). MOB JUSTICE, METAPHYSICAL PUNISHMENT AND THE MORALISATION OF ACCUMULATION IN URBAN TANZANIA. Cambridge Anthropology, 27(1), 1–24. JSTOR. Smith, D. J. (2004). The Bakassi Boys: Vigilantism, Violence, and Political Imagination in Nigeria. Cultural Anthropology, 19(3), 429–455. https://doi.org/10.1525/can.2004.19.3.429 Tiwa, D. (Forthcoming). “Killing is just the best thing to do”: Informal Social Control and Incapacitation. Theoretical Criminology. Ukiwo, U. (2002). Deus Ex Machina or Frankenstein Monster? The Changing Roles of Bakassi Boys in Eastern Nigeria. Democracy and Development: Journal of West African Affairs, 3(1), 39–51. À PROPOS DU AFRICAN CENTRE FOR CRIME AND SECURITY STUDIES Le African Centre for Crime and Security Studies est une think tank indépendant créée par de jeunes chercheurs africains et afro-descendants sous la houlette du Dr. Dany Franck A. Tiwa. ACCSS Africa finance ses activités grâces aux cotisations de ses membres et aux grants obtenus, en général, à l’issu de processus d’appels à propositions ouverts. ACCSS Africa a pour objectif majeur de contribuer à l’amélioration des indicateurs de sécurité humaine sur le continent Africain. Il le fait à travers la recherche-action, l’enseignement et la formation. 23
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