Opinion
Legal Concept Of Agent Provocateur
Agent Provocateur is defined in Longman Dictionary of Contemporary English as “someone who is employed to encourage people who are working against a government to do something illegal so that they are caught”. This practice of state authorities hiring or planting agents to set up snares for the purpose of catching or provoking perceived “enemies” of government, is an age-long strategy. Modern legal practice frowns at it as a means of implicating or criminalizing people.
The first tyrant in history to apply this strategy was Agathocles, a military adventurer and absolute ruler in Sicily who died in 289 B.C at the age of 72. Another historical example of the employment of agent provocateur is associated with the Roman Catholic Church, especially during the dark era of the Inquisition. Such agents or spies were known as the alguazil or the familiars of the Inquisition, which was the most cruel institution ever set up by man.
In the 12th century, Pope Innocent III (Lotario de Conti) commanded members of the church to report on and persecute suspected heretics, who were burned alive for refusing to adopt the doctrines of the Catholic Church. Property of such heretic were also adopted the strategy of criminalizing suspected opponents of the regime, through paid agents. Late Idi Amin of Uganda used state private eyes and ears, as well as the services of local witch doctors.
It is the earnest prayers of a large number of Nigerians that the country does not slide into that kind of practice. But what is close to incitement is the attitude taken towards Boko Haram terrorists and killer herdsmen. We hear about repentant and de-radicalised Boko Haram terrorists being recruited into the army and police. The activities of killer herdsmen are shrouded in secrecy such that they have become men that no one could arrest. But we hear of some local youths being sentenced to death for killing herdsmen.
It is no longer a speculation that some targeted sections of the country are deliberately being provoked by herdsmen. Within Rivers State alone as a case study, there is hardly any community that does not have sad stories to tell about harassment by herdsmen. From Etche to Mbiama, and from Eleme to Omoku, large numbers of cattle criss-cross farmlands, causing damage and anxieties which have so far been suppressed for obvious reasons.
No community wants to be seen as starting the possible hostility, but the deliberate provocation cannot be called other name. Even in urban towns empty plots of land have been taken over by herdsmen and their cattle, to the extent that getting them to move out can spark off hostility. A situation where the brazen activities of herdsmen have graduated into killing of protesting farmers and people in church premises cannot be anything else but deliberate provocation.
So far has any armed herdsman been arrested for any act of criminality, including illegal possession of fire arms? In the case of the youths arrested, prosecuted and sentenced for killing herdsmen, did the investigating police officers take into account the possibility of a crime arising from some deliberate set-up or provocation?
With the Christian Association of Nigeria (CAN) taking interest in the matter, as well as the recruitment of de-radicalised Boko Haram terrorists into the army and police, the scope of speculations widens more and more. Since retired General. T. Y. Danjuman raised alarm that “the armed forces are not neutral”, several other Nigerians have speculations that are graduating into deeper beliefs and convictions.
At least, evidences of one-sidedness are gaining some grounds, especially in the way that the menace of marauding cattle and their keepers is being handled. What would an aggrieved village farmer do when he encounters hundreds of cattle in his farm, under the custody of two boys under the age 12? Neither the cattle nor their keepers would hear or understand the plea and entreaties of the frightened farmer.
Please, this situation should be addressed with the urgency which it demands, especially the Rivers State experience. A President who promised that he was for everyone and yet for no one, should not be seen as turning away from sensitive national issues such as the menace of herdsmen. Why build ranches with public funds?
Dr. Amirize is a retired lecturer at the Rivers State University, Port Harcourt.
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