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  • MTN’s move to ‘acquire’ 9mobile creates industry ripples

    MTN’s move to ‘acquire’ 9mobile creates industry ripples

    Fresh moves by MTN Nigeria to acquire the spectrum of the fourth mobile network operator, 9mobile, are generating anxiety as many dread the emergence of a monopolist in the sector. But the Nigerian Communications Commission (NCC) said it will not shut its regulatory prying eyes and allow consumers to be taken for a ride. LUCAS AJANAKU reports.

    When his name was linked to a relatively unknown company, Teleology Nigeria Limited, in the wake of the crises that threatened the soul of a United Arab Emirates (UAE) telecom company, Emerging Market Telecoms Services Limited (EMTS) then trading in Nigeria as Etisalat, the entire industry went to sleep with two eyes closed.
    Adrian Wood became a household name in the telecoms sector having served as pioneer Chief Executive Officer of MTN Nigeria.
    In just six months after superintending over the first call on the global system for mobile communication (GSM) in the country, he was quoted to have said that “business has been good” for the telco. It was believed that MTN, which paid $285 million for one of the four GSM licenses auctioned by the Nigerian Communications (NCC) in January 2001, hit profitability less than a year after it began operations.
    A non-executive director of the board of the company, Wood’s magic wand at the backend, it was thought, would be put to use as the emergence of Teleology Holdings Limited as the preferred bidder for 9mobile, offered yet another opportunity for him to prove his mettle.
    About six years after the takeover of 9mobile by Teleology, there is yet another fresh bid to acquire the spectrum of the company by MTN Nigeria owned by MTN Group of South Africa. The beleaguered youth-centric telco’s difficulties first came to light when its inability to continue servicing loans totalling $1.2 billion sourced in 2013 was reported to the NCC and the Central Bank of Nigeria (CBN) by a consortium of Nigerian and foreign banks.
    Repeated failures to adhere to agreed repayment schedules had caused the banks to initiate take-over procedures, a move which caused its majority stakeholders, Mubadala Development Company of the UAE, to withdraw its shareholding in the company.
    While 9mobile has denied the acquisition move, MTN Nigeria source has insisted that indeed, there are talks in that direction.
    Public Relations Lead at 9Mobile, Chineze Amanfo was quoted to have said: “Our attention has been drawn to the speculated acquisition of 9Mobile spectrum by MTN. We would like to clarify that these assertions are entirely baseless and without factual merit. In the second quarter of 2023, 9mobile invested over N70 billion for ongoing network modernisation. Over 600 new sites, equipped with 4G LTE facilities for enhanced operations and market competitiveness were deployed alongside new broadband services to enlarge our fibre network across Nigerian cities. 9mobile remains focused on meeting the needs and aspirations of our growing customer base through our improved data rollout and innovative products and services.”

    Lust for spectra

    MTN Nigeria has been accused by insiders in the industry of having an insatiable appetite for grabbing spectra.
    It has acquired the spectrum of Visafone, the only surviving operator in the code division multiple access (CDMA) sub-sector of the industry. It was also said to have acquired that of Intercellular.
    Not too long ago, NCC approved the transfer and assignment of 10 megahertz (MHz) of spectrum in the 2.6 gigahertz (GHz) band from OpenSkys to MTN Nigeria.
    The transfer was effective from September 7, 2023, and will be up for renewal on April 17, 2033.
    MTN Nigeria CEO Karl Toriola said the spectrum will enable the telco to roll out its network capacity more efficiently and enhance its sustainability priorities.
    “Not only will it help to support the growing demand for data in the country but will improve the overall Internet experience in line with our commitment to delivering quality service to our customers.
    “Importantly, this also aligns with our ongoing support of the federal government’s plan to deepen broadband penetration in Nigeria,” Toriola said.
    In May this year, NCC approved a spectrum lease transaction that allowed MTN Nigeria to lease 5MHz of spectrum in the 900MHz band and 10MHz in the 1800MHz band from Natcom Development and Investment Limited (NTEL) covering 19 states.
    The lease was effective from May 1, 2023. It will span two years and cost N4.25 billion ($9.2 million at the time), including taxes, regulatory fees and ancillary charges.
    In December 2021, MTN Nigeria and Mafab Communications both gained access to 5G spectrum during the first round of the licensing process paying $273.6 million each.
    That spectrum enabled MTN Nigeria to launch its fifth-generation (5G) mobile internet services in seven cities in August 2022.
    It would be interesting to see what the acquisition of 9mobile spectrum will mean not only for MTN Nigeria’s subscribers but for the country as well.
    EMTS, trading as 9mobile now, was licensed in 2007, acquiring the Universal Access Service Licence (UASL) from the Commission. The licence enabled it to provide fixed telephony (wired and unwired/wireless), digital mobile services, international gateway services and national/regional long-distance services in addition to spectrum assignments in the 900 and 1,800 MHz bands.
    The telco later bought a 3G licence from Alheri Mobile Services Limited, a subsidiary of the Dangote Group, owned by businessman, Alhaji Aliko Dangote. The licence thus put the telco on the same pedestal as the incumbents such as MTN, Airtel and Globacom.

    Reactions

    The PR Lead in 9mobile has clarified that these speculations were ‘entirely baseless and without factual merit,’ saying the telco had invested over N70 billion for ongoing network modernisation; over 600 new sites, equipped with 4G LTE facilities for enhanced operations and market competitiveness were deployed alongside new broadband services to enlarge fibre network across Nigerian cities.
    “9mobile remains focused on meeting the needs and aspirations of our growing customer base through our improved data rollout and innovative products and services,” she said.
    An expert in the industry who spoke in confidence on the subject matter said the choice of the word “acquisition” by the reports remained strong and curious.
    “I know Spectrum leasing is something the regulator has considered. I have been seeing some sensational articles. Worldwide operators from time to time lease one another’s spectrum. Those transactions have never been considered as acquisitions,” the source said.
    Pressed further, he acquiesced to the fact that the understanding of lease in land matters is that the owner of the land allows another person to use it for a specific number of years specified by the agreement after which the land reverts, arguing that in “this case, it is even more intertwined because both can still use the same spectrum during the duration.
    So, even when 9mobile leases its spectrum, that will not mean cessation of offering services on its network as 9mobile.
    “Of course yes. Not only that, it still uses the spectrum in its operations. Spectrum is a range. Specific frequencies can be used in different areas. Network planning takes care of that.”
    On what 9mobile stands to gain in the deals, the source said: “That suggests 9mobile gets nothing out of such a deal. That should be the question if you ask me.
    It’s sort of confusing then why 9mobile should agree to that deal should it finally sail through.
    “Exactly; there must be a benefit to both parties. But we are only focusing on MTN, understandably,” the source said in a series of WhatsApp chats at the weekend.
    The National President of the National Association of Telecom Subscribers (NATCOMS), Deolu Ogunbanjo has faulted the move by MTN Nigeria to swallow 9mobile, adding that it would make the former too powerful because it currently controls over 50 per cent of the entire industry subscribers.
    He was quoted to have urged the NCC to frustrate the transaction as it was capable of birthing the era of an oligopoly in the industry.
    “I must say that it is a bit surprising that MTN is now trying to talk to, you know, another mobile operator and in particular through the NCC to now acquire another spectrum belonging to another mobile network operator. I mean this should not be encouraged because MTN already has close to 50 per cent of Nigeria’s telecoms market subscription and then you have another mobile network operator with less than 10 per cent of the subscription.
    “Do you want them (to go) extinct? Why do you want to talk to them? Do you want to acquire them because by the time you do not get the spectrum, the next thing will be that you want to acquire them, meaning MTN will now have between 50 and 60 per cent of the total telecoms subscription in Nigeria and that is a form of oligopoly? It is an oligopoly in the sense that they will become three major players however a particular player now has a lot of influence which is more than 50 per cent.
    “That should be taken with a pinch of salt and should not be encouraged because MTN will become so powerful to the extent that it will now be dictating the pace of whatever it wants to do in the telecoms industry in Nigeria, that is what would obtain because it is having over 50per cent and getting close to 60 per cent of Nigeria’s total telecom subscription. “I do not understand why the mobile network operator in question is now allowing MTN through the NCC to have a shot at their spectrum,” Ogunbanjo was quoted to have said.

    NCC reacts

    The Director of Public Affairs at the NCC, Reuben Muoka said the Commission is not going to play the role of an interloper in a strictly business deal between two private entities. He, nonetheless, pledged to protect the interest of the subscribers against any predatory operators.
    He said: “We don’t react to an ongoing commercial decision of two operators. Our spectrum trading laws are there. NCC will not be reporting the progress of their negotiations or transactions.
    “You said we are not saying anything. Does it suggest they are getting the spectrum from NCC? “What will NCC say about the transaction between two companies? It is from them that you will get information and updates.
    “Ours is that if any of the parties seek information regarding the regulatory standing of the other, we shall provide if it sufficiently informs the commission why the information is necessary; otherwise, we won’t be in the room where the negotiation is going on.
    “They can only come when they consummate (their agreement) to seek approval. The rules are clear about spectrum trading with safeguards for subscriber interest. If the transaction will affect the industry negatively, NCC will be available to guide and advise with the application of the relevant rules. That is why the Commission is a responsible regulator.
    “If an operator becomes dominant, there’re responsibilities imposed on it to mitigate such dominance so the matter of a monopolist arising does not arise.
    “Also recall there was a time of exclusivity period which no longer exists. The important thing is to allow the industry to play by the rules.
    “It would amount to micromanaging for NCC to read about two companies negotiating under spectrum rules and jump in to start directing.”

    Red Also: Perform or be fired, Tinubu tells NNPCL board

    There are, however, provisions in the Nigerian Communications Act (NCA) 2003 which the NCC had invoked to stop the hostile take-over of Etisalat (as it was then called) by local lenders.
    “Accordingly, the Commission has drawn the attention of the banks to provisions of the Nigerian Communications Act (NCA) 2003 Section 38: “Sub-section 1–The grant of a license shall be personal to the licensee and the license shall not be operated by, assigned, sublicensed or transferred to another party unless the prior written approval of the commission has been granted; “Subsection 2 – A licensee shall at all times comply by the terms and condition of the license and the provision of this act and its subsidiary legislation,” NCC had said in a statement.
    Ogunbanjo’s fears might not be baseless after all. According to NCC’s August subscriber stats posted on its website, of the total 220,715,961 subscribers, MTN has the largest number with 85,005,917 representing 38.58 per cent of the global system for mobile communication (GSM) market while 9mobile has 13,791,079 representing 6.26 per cent.

    Long road to 9mobile
    metamorphosis

    The road to the emergence of 9mobile has been long and tortuous. After the exit of the investors from UAE’s Etisalat, which had a 45 per cent stake in the Nigerian business, which said its exposure to Etisalat Nigeria related to services was worth 191 million UAE dirhams ($52 million) the search for new owners earnestly began.
    No fewer than 16 firms initially expressed interest and filed bids for the soul of 9mobile.
    The former Executive Vice-Chairman/CEO of NCC, Prof. Garba Danbatta under whose watch the crisis began, announced the five entities that emerged as bidders for 9Mobile. He listed them as Globacom, Airtel, Smile Communications, Helios and Teleology Holdings Limited. The five were part of the 16 firms that initially expressed interest and filed bids with Barclays of Africa, 9mobile’s financial advisor.
    They include MTN, ntel, Virgin Mobile from the United Kingdom and Vodacom of South Africa. Others are BUA Group, Morning Side Capital Partners, Obot Etiebet and Co, Blackstone Private Equity, and Hamilton and George International Limited.
    The NCC boss had said: “Five bidders have emerged for 9mobile. They have been allowed to access the data room of 9mobile to enable them to access the financial situation of the company and subsequently make bids for the takeover of the company. But the takeover must be in a regulated manner.
    “The CBN and NCC are supervising what is going on through an interim board jointly appointed by the NCC and CBN. We are going to do due diligence on the financial capacity of any potential bidder as well as the technical capacity.
    “In the final analysis, we would like to see a 9mobile taken over by a bidder who has the financial and technical capacity to improve on the operations of the telco and add value in the delivery of qualitative telecom services in the country.”
    Airtel pulled out of the bid for 9mobile. Globacom and Helios Investment Partners (LLP) submitted bids but failed to attach any cash for the troubled telco to Barclays Africa.
    Teleology Holdings Limited submitted a bid over $500 million while Smile Telecoms Holdings quoted close to $300 million.
    Effectively, only two companies made financial offers by the January 16, 2018 deadline. Going by the financial bid submitted by the two firms, Teleology Holdings Limited naturally emerged as the preferred bidder and Smile Telecoms as the reserved bidder.

    Airtel, Smile dissent

    Airtel’s U-turn came as a surprise to industry experts who had expected the company to push all the way through to become the largest operator in the country.
    It would automatically have grown from being number three to number one by increasing its numbers to 52 million for voice and 33.5 million for internet had it emerged as the preferred bidder.
    Airtel allegedly decided to pull out because “many things are not too plain with the entire process. Airtel is not interested in 9mobile because it sees little value in the company,” a source said.
    Another source said the Indian carrier did not have sufficient information to make an informed bid.
    “Airtel believes too many things are hidden about the health of 9mobile, and that it is too risky for anyone to buy the company. Things became compounded with the court case by Spectrum Wireless. Remember the Strive Masiyiwa case over the ownership of Econet which hurt the company for a long time,” an insider said.
    Spectrum Wireless, an EMTS shareholder–which owns the 9mobile licence–went to court against United Capital Trustees Limited–representatives of the debtors–to stop the constitution of an interim board for 9mobile after the take-over in July 2017.
    Although it lost the case, the Federal High Court later nullified the ex parte order and United Securities went on appeal.
    Smile Telecoms Holdings Limited decried the tardy manner in which Barclays Africa handled the sale of 9mobile. It called for a process review to uphold transparency. Smile wrote a letter addressed to Barclays Africa dated February 21, 2018, and signed by Templars; the company’s solicitors.
    It also expressed surprise and disappointment at how the selection process for the preferred and reserve bidders was conducted. Of particular concern to Smile was the fact that the selection of the preferred bidder was announced before the February 26, 2018 deadline. The company therefore asked for Barclays, to be a matter of fairness and urgency, to provide a proof that the company that has been selected as the preferred bidder has indeed satisfied all the conditions precedent to that selection.
    However, in its reply of February 26, 2018, Barclays Africa promised to “be in touch with Smile to discuss any updates on the Transaction, to the extent considered necessary.” It expressed gratitude for Smile’s continued interest in the transaction but noted that its clients exercised their rights at their sole discretion to pursue an alternative path to completion of the transaction. Barclays restated its willingness to explore transaction completion with Smile should the pending process not reach a satisfactory conclusion.
    Smile insinuated that Barclays Africa’s letter evaded the critical issues of due process and eligibility of the announced preferred bidder, wondering if the bidder was able to meet the laid down requirements for the transactions to reach an agreement on any financial accommodations with the syndicate lenders and the trade creditors. The requirement also entailed the preferred bidder to have firm, unconditional and committed funding for any cash payments and to provide a binding offer that is unconditional, excluding the formal licence approvals.
    NCC’s intervention came on the heels of news that Teleology Holding had emerged as the preferred bidder for 9mobile. The announcement was greeted with protests in some quarters. A non-governmental organisation, Business Renaissance Group (BRG) had protested against the process, accusing Barclays Africa of sending the letter to Teleology in a hasty and pre-emptive manner. The group stated that Barclays Africa jumped the gun in announcing a preferred bidder. It noted that in a meeting held with the interested bidders on January 26, 2018, Barclays gave the two finalists in the bid process – Teleology Holdings and Smile Telecoms Holdings – the opportunity to raise their bid within 30 days, extending the deadline to February 26, 2018.
    The group wondered why Barclays could not wait till the agreed date before the hasty announcement of a preferred winner. Also alleging bias against Barclays in the handling of the sale of 9mobile, BRG recalled that Barclays had earlier affirmed that any preferred bidder on selection would need to sign a Sales Purchase Agreement immediately and would have to instantly pay a non-refundable deposit of $50 million.
    It decried a situation where Barclays gave its preferred bidder 21 working days to pay the non-refundable fee of $50 million. The group further underscored its allegation of a less than transparent handling of the entire bid process by Barclays Africa by recalling that some of the earlier entrants, among them two major GSM network operators, had opted out of the process alluding to lack of transparency.
    It also claimed that, at least, two major vendors of 9mobile rejected the financial offers of the preferred bidder and had no confidence in the weak and unrealistic business plan presented. It wondered how such a bidder with questionable business plans would be able to sustain and improve the operations of 9mobile. BRG contended that the precipitated announcement by Barclays is indicative that the preferred bidder did not satisfy any of the precedent conditions.
    Sector analysts are waiting anxiously to see how the new MTN Nigeria push for the soul of 9mobile will pan out.

    QUOTE

    That should be taken with a pinch of salt and should not be encouraged because MTN will become so powerful to the extent that it will now be dictating the pace of whatever it wants to do in the telecoms industry in Nigeria. That is what would obtain because it has over 50 per cent and getting close to 60 per cent of Nigeria’s total telecom subscription. I do not understand why the mobile network operator in question is now allowing MTN through the NCC to have a shot at their spectrum

  • Taming the menace of ex-parte orders

    Taming the menace of ex-parte orders

    The National Judicial Council (NJC) has had cause to sanction judges who did not exercise proper discretion in granting ex-parte orders, which are made without waiting for a response from the other party to a case. The political crisis in Rivers State has again brought to the fore the need for judges to exercise caution in granting orders in which those affected are not heard or put on notice, writes Assistant Editor ERIC IKHILAE

    As the political crisis in Rivers State remains unabated, law experts argue that the December 12 ex-parte ruling by Justice Monina Danagogo of the High Court of Rivers State has further compounded an already difficult situation.

    The development has reignited the call for stiffer sanction for judges found to have abused the exercise of their judicial discretion by granting frivolous ex-parte injunctions.

    The smouldering political crisis assumed a more intense dimension last week with the latest intervention of the Judiciary on December 12.

    The Rivers State House of Assembly has remained unstable since late October when the House issued impeachment notice on Governor Siminalayi Fubara.

    The House was subsequently polarised, with 27 of the 32-member Assembly, acting in opposition to the Governor, with four, led by Edision Ehie, supporting Fubara.

    A section of the House of Assembly building was set ablaze on the night of October 29.

    The next day, Ehie, who was the majority leader of the House, was sacked on the allegation that he knew about the fire that destroyed part of the Assembly complex. The proceeding was supervised by Martin Amaewhule and Dumle Maol as Speaker and Deputy Speaker.

    Before the sun could set on Ehie’s suspension, about eight members of the House announced the sack of Amaewhule and Maol. They later announced Ehie as the Speaker.

    Shortly after he was made Speaker, Fubara issued a directive, relocating the sitting of the House to allow for the renovation of the burnt structure.

    The 27 members, led by Amaewhule, rejected the Governor’s directive, describing it as an attempt by Fubara to muzzle the legislative house. They vowed to continue to conduct legislative business with the Assembly complex.

    But, in a bid to prevent the Amaewhule-led faction of the Assembly from carrying out it’s threat, Ehie filed a suit before the High Court of Rivers State.

    He accompanied the suit, marked: PHC/3030/CS/2023 which he filed in his name and that of the state Assembly, with an ex-parte application, seeking interim injunctive reliefs against Amaewhule and other defendants in the suit.

    On December 12, Justice Danagogo heard the ex-parte application and issued restraining injunctive reliefs against Amaewhule and others.

    Justice Danagogo recognised Ehie as the Speaker and restrained Amaewhule and Maol from further parading themselves as Speaker and Deputy Speaker or interfering with the activities of Ehie as Speaker of the Assembly.

    The judge cautioned the defendants against using thugs and policemen to forcefully access the Assembly complex.

    The December 12 ruling by Justice Danagogo emboldened Ehie to conduct proceedings with just four members, with the exclusion of 27 others, believed to be close to Wike.

    Defectors’ seats declared vacant

    At a sitting of the House supervised by Ehie on December, 13 the Assembly declared vacant the seats of the 27 members, who announced their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

    Also on that day, the four-member Assembly, led by Ehie, argued that the decision to declare the seats vacant was in compliance with Section 109 (1) (g) and 2 of the Constitution.

    Ehie, who read the names of the lawmakers affected, urged the Independent National Electoral Commission (INEC) to conduct fresh elections within the time frame provided by law to fill “the vacant seats.”

    On the same say, Fubara presented the 2024 budget of N800billion before the five-member Assembly, an Appropriation Bill the Governor signed the next day.

    On the same December 14, while Fubara was assenting to the Appropriation Bill, the other 27 members, led by Amaewhule were also conducting legislative businesses on behalf of the state.

    By a motion unanimously adopted, the Amaewhule-led faction converted the auditorium of the House of Assembly to its chamber in view of the demolition, which was carried out the previous day by Fubara.

    The 27 lawmakers condemned what they described as the heartless and brazen demolition of the legislative complex by the governor without their approval or knowledge.

    In another motion sponsored by 26 members and moved by Ofiks Kabang, representing Andoni constituency, the legislature urged the Federal Government, the Inspector-General of Police (IGP) and the international community to beam their searchlight on the alleged constant attack by the state Executive on the Legislature.

    They passed the Rivers State House of Assembly Funds Management (Financial Autonomy) Bill, 2023 and the Rivers State Local Government Law, No. 5 of 2018 (Amendment) Bill, 2023 into law.

    The 27-member members also passed the Rivers State Local Government Law, No. 5 of 2018 (Amendment) Bill, 2023 after a debate on the Report of the House Committee on Local Government, which was presented by the Chairman of the Committee, Ignatius Onwuka.

    Previous judicial interventions

    Before the December 12 ruling, the court had issued two ex-parte rulings in favour of the gGovernor.

    On November 1, Justice Ben Whyte of the High Court sitting in the Isiokpo division in Ikwerre Local Government Area, issued an ex-parte interim order, restraining the state House of Assembly and Amaewhule from carrying out any actions concerning Fubara’s impeachment.

    The ruling was on a motion ex-parte filed through his lawyer, Damian Okoro (SAN) the same say along with a motion on notice and other originating processes.

    The order was also directed at the Maol (Deputy Speaker), the Clerk of the House and the Chief Judge of the state, Justice Simeon Chibuzor Amadi.

    Justice Whyte ordered parties to maintain status quo pending the determination of the motion on notice and adjourned to November 14, 2023.

    Also on the same November 1, Justice Phoebe Ayua of the Federal High Court sitting in Port-Harcourt issued a similar order restraining the state’s House of Assembly and others from taking any further steps in respect of the planned impeachment of Fubara.

    The order was on an ex-parte motion filed in a suit instituted against the Assembly and eight others by two PDP members – Amadi Madubuochi and Goya Oluka.

    Specifically, Justice Ayua said: “An order is made, directing that all parties on record respect the court and should not take any step concerning the subject matter in this matter, since the matter is already before this court (sub judice) pending the hearing and determination of the motion on the notion.”

    The judge also ordered that the respondents be notified about the pending suit, marked: FHC/PH/CS/234/2023, and motion on notice for interlocutory injunctions.

    He then adjourned till November 9 for a hearing of the motion on notice.

    Listed as respondents/defendants in the suit are the Rivers State House of Assembly, the Speaker, Deputy Speaker, the state’s Chief Judge; Commissioner of Police, Rivers State; Director, Department of State Services (DSS), Rivers State; the Governor of Rivers State; Deputy Governor of Rivers State and the Inspector General of the (IGP).

    Ex-parte orders worry lawyers

    Law experts, including Chief Wole Olanipekun (SAN), Dr. Monday Ubani and Otunba Tunde Falola expressed concern over the ease with judges issue ex-parte injunctions of highly contenteous political cases.

    Olanipekun, in an interview with The Nation long before the Rivers crisis, said: “Ex-parte injunctions are becoming an albatross and an Achilles’ heel of a sort for us. 

    “When Justice (Mohammed) Bello was CJN, there were suggestions that apart from the prerogative writs, we should abandon ex-parte applications and orders generally.

    “The abuse of ex-parte orders, which should elapse after seven days, is threatening.

    “Those involved should be disciplined. The Supreme Court has also said it. It’s mind-boggling.

    “Very soon, I hope we’ll not be going to Ghana to obtain ex-parte orders against Nigeria and Nigerians over subject matters in Nigeria.”

    Ubani noted the Supreme Court Justices, including the Chief Justice of Nigeria (CJN), had always deprecated this issue of abuse of ex-parte orders.

    He added: “I am not saying you cannot use ex-parte. You can use ex-parte only in exceptional circumstance, where it creates an emergency situation that if you do not make that order, the res (subject matter) will be destroyed.

    “It is in that instance that you can make an ex-parte order to preserve the res from being destroyed.

    “It is always given to last for a certain period, maybe seven days.

    “But, what we are seeing now is the abuse of that process. Some people will obtain an ex-parte order and hang on to it for as long as he/she can.”

    Falola noted that the grant of such ex-parte order is subject to the discretionary power of the court.

    According to him, the abuse of this exercise of judicial power is more pronounced in political cases.

    “There are many reasons why this abuse of judicial power still persists unabated. Most of the politicians in Nigeria are greedy.

    “For instance, for those who want to remain in power perpetually, they usually find ex-parte injunction as a ready made tool to outsmart their political adversaries in their political contest.

    “We also have a situation where aspirants of the same political party approach few corrupt judicial officers with a view to using the instrumentality of the interim injunction to truncate the ambition of their co-contestant.

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    “The abuse of this ex-parte injunction occurs in so many forms, the most prominent among them is when a judicial officer recklessly grants an injunction even though the judge concerned is aware of a similar suit within or outside its jurisdiction over the same subject matter and in the process, subject the Judiciary to avoidable ridicule.

    “There is no doubt the fact that one of the major reasons why the confidence the general public has in the Judiciary and administration of justice generally is being eroded is this reckless abuse of judicial power by some corrupt judicial officers in active connivance with some few elements of the members of the legal profession.

    “However, let it be made clear and direct that notwithstanding the activities of these few elements, Nigerian Judiciary and the Nigerian Bar are still part of the best institutions and professional associations in the world.”

    Curbing reckless issuance of ex-parte orders

    Worried by the disturbing spate of conflicting ex-parte orders issued by some judges in 2021, the then CJN, Justice Ibrahim Tanko Muhammad was forced to summon heads of Chief Judges of the Federal Capital Territory (FCT), Rivers, Kebbi, Cross River, Jigsaws, Anambra and Imo states for an urgent meeting.

    The meeting held on September 6, 2021, during which Justice Muhammad was said to have read the riot act to the Chief Judges (CJs).

    He vowed to penalise the judges involved in granting reckless ex-parte orders.

    In a statement issued after the meeting, the Director (Information) of the National Judicial Council (NJC), Soji Oye, said each of the CJs was separately quizzed.

    CJN was quotes to have said: “A damage to one jurisdiction is a damage to all. 

    “We must therefore put an end to indiscriminate granting of ex-parte orders, conflicting judgements or rulings occasioned by forum-shopping. 

    “Your job as heads of court is a sacred one, and it therefore includes you vicariously taking the sins of others. There must be an end to this nonsense. 

    “You shall henceforth take absolute charge in assigning cases or matters, especially political personally. 

    “We shall make example with these three Judges and never shall we condone such act.”

    Justice Muhammad warned the CJs to avoid unnecessary assumption of jurisdiction in matters with similar subject and parties already before another court, protect the court from lawyers who are out for forum shopping and work in tandem with all their judges to salvage the image of the Judiciary.

    He also warned the CJs from making newly appointed judicial officers vacation judges and assigning complex cases to inexperienced Judges.

    The CJN said the Judiciary would no longer condone indiscipline or allow any judge to tarnish the image of the Judiciary.

    He assured that three of the judges who granted conflicting exparte orders were invited to appear before the NJC to show cause why disciplinary action should not be taken against them for granting the conflicting exparte orders.

    The sanctions

    True to the CJN’s promise, the NJC, at its meeting held between December 14 and 15, 2021 penalised three of the judges involved in issuing reckless ex-parte orders after considering the recommendations of the investigation committee it set up in September 2021on the issue.

    The NJC accepted the committee’s recommendation that Justice Okogbule Gbasam of the High Court of Rivers State be barred from elevation to higher Bench for two years whenever he is due, as he failed to exercise due diligence in granting the ex-parte order in suit No: PHC/2183/CS/2021 between Ibealwuchi Earnest Alex and four others against Prince Uche Secondus and another.

    The NJC found that there was no real urgency in the circumstances of the matter, that would have required an ex-parte order.

    It also issued him with a warning letter to be circumspect in granting such ex-parte orders in the future.

    The NJC resolved that Justice Nusirat I. Umar of the High Court of Kebbi State be barred from elevation to higher Bench for two years whenever due, having found fundamental defects and non-compliance with the law in granting the ex-parte order in suit No: KB/HC/M.71/2021 between Yahaya Usman and two others against Prince Uche Secondus.

    It also issued Justice Umar with a warning letter to be circumspect in granting such ex-parte orders in the future.

    The NJC also resolved that Justice Edem Ita Kooffreh of the High Court of Cross River State would not be promoted to higher Bench for five years for allowing himself to be used as a tool for “forum shopping” and abuse of Court process in suit No: HC/240/2021 between Mr. Enang Kanum Wani and Uche Secondus.

    It found that it was evident that, in granting the ex-parte order, Justice Kooffreh was seised of earlier orders of the High Courts of Rivers and Kebbi States, being courts of coordinate jurisdiction.

    Justice Kooffreh was warned to be circumspect in granting such ex-parte orders in the future.

    The NJC also placed him on its watch-list for a period of two years.

    Way out

    Ubani, a rights activist and former Vice President of the Nigerian Bar Association (NBA) said: “My advice for judges is to always ensure that the other parties are put on notice so that you can resolve the matter once and for all.

    “As a way out, it might seem there is the need for some legislative intervention in this. 

    “There must be a law that will specifically make provisions as to instances when ex-parte order could be issued.

    “I have noticed that where you always have this abuse are in political cases. 

    “So, the Electoral Act or any other law we can come up with to say these are specific areas where we can use ex-parte, especially in political cases.

    “I think that intervention is absolutely necessary at this juncture,” Ubani said.

    Falola, an Abuja-based legal practitioner, noted that one of the ways of preventing judges from abusing their judicial powers is to ensure that stiff penalties are imposed on any erring judicial officers if it is later discovered, after investigation, that the order granted, ought not to have been granted in the first place.

    “Again, the NJC, the institution saddled with the power to discipline erring judicial officers, should also set up a committee with sole responsibility of monitoring most of these cases where ex-parte orders are being abused particularly in political cases and make necessary recommendations.

    “Continuous legal education of our judges is also paramount in this regard. 

    “This will further educate and expose our judicial officers to the danger inherent in the abuse of exercise of Judicial powers .

    “As for the penalty for a judge who abuses ex-parte injunction, I believe a compulsory retirement and in deserving cases, outright dismissal from service should be imposed to serve as a deterrent to other erring Judicial officers after thorough investigation must have been conducted and the judge corned afforded opportunity to defend himself,” Falola said.

  • ‘Courts now haven for chronic debtors’

    ‘Courts now haven for chronic debtors’

    • NBA Lagos honours jurists at branch dinner

    Intractable delays in adjudication of commercial cases have made the courts a haven for chronic debtors, Managing Director/Chief Executive  Officer of  Polaris Bank, Adekunle Sonola, has said.

    The inefficient system, he noted, also boosts impunity rather than the courts serving as a deterrent to criminality.

    “The weaknesses of the legal/judicial system encourage illicit economic activities.There is a strong correlation between illicit economic activities and the effectiveness of the legal system across countries,” Sonola said.

    He noted that even when a protracted case is eventually decided, the value of the recovered debt would have depreciated massively.

    The consequence, according to him, is that the economy suffers, with many investors afraid of entering into contracts because their rights are not adequately protected and contracts are not effectively enforced.

    “There is a general disregard for contract terms which makes the economy less investible.

    “Many Nigerians reject direct investments when they will not be actively involved in operations and management, as contracts cannot be timely enforced.

    “This makes capital inaccessible, and the economy suffers for it,” Sonola said.

    The Polaris Bank chief delivered the lecture at  the annual dinner of the Nigerian Bar Association (NBA) Lagos Branch, which was held at the weekend.

    He spoke on: “Favourable investment and business environment through legal policy and reforms.”

    Sonola said banks’ inability to effectively use the legal system to get loan defaulters to honour their obligations increases their ‘cost of risk’, which is in turn reflected in loan pricing.

    “An effective legal system must be designed to prevent opportunistic loan defaulters from exploiting vulnerabilities within the system,” he said.

    He, therefore, stressed the need to restore faith in the legal system.

    “The public confidence in the legal system must be rebuilt. This will positively impact businesses and investment.

    “Timely and efficient delivery of justice is imperative for fostering a conducive business environment and instilling confidence in legal processes,” Sonola said.

    He called for specialised courts or commercial tribunals with powers to determine commercial disputes faster.

    Alternative Dispute Resolution (ADR) mechanisms, he said, must be a critical part of the system, while court processes should be digitalised.

    The legal system, Sonola believes, must be end-to-end automated as much as practicable and be accessible to all. At the same time, reforms must keep up with the dynamic economic and social environment.

    To him, the importance and criticality of an efficient legal system to businesses, investment and overall economic well-being have not enjoyed proportional public discourse attention, which must change.

    He advised: “Ensure the adequate number of judges with equally adequate remuneration. Continuously review court rules to strengthen process efficiency.

    “Lawyers are critical agents of reformation. They must prioritise justice delivery above playing the legal system

    “Reformation will require support from the Ministry of Justice and the National Judicial Council

    “Government, at all levels, must show commitment and provide the necessary funding.”

    Aside from legal challenges, Sonola said the business environment is also dealing with rising inflation that has hit 27.3 per cent, high-interest rate, foreign exchange illiquidity and volatility, high energy cost which has more than doubled, weak infrastructure base, insecurity, rising risk profile, declining purchasing power, among others.

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    NBA Lagos Branch chairman Olabisi Makanjuola noted that the economy would thrive best if the judiciary is more efficient.

    He said the association would continue to engage with the Bench towards improving the system and strengthening the Bar’s relationship with it.

    Makanjuola, a partner at Olaniwun Ajayi LP, highlighted his administration’s achievements in the past six months in court monitoring, international secondment, continuing legal education, branch building project, member welfare, and Bar and Bench relationships, among others.

    Awards of judicial excellence and individual recognitions were presented to distinguished jurists, including retired Supreme Court Justice Amina Augie, former Chief Judge of Lagos State Opeyemi Oke; as well as Justices Serifat Sonaike, Babatunde Kalaro, Matthias Dawodu, Ayodeji Oresanya.

    Mrs Funke Adekoya (SAN) was recognised as an inspiring icon.

    Twelve members elevated to the Inner Bar as Senior Advocates of Nigeria were honoured. They are Folashade Alli, Bomo Agbebi, Babaseyi Joseph, Kehinde Aina, Abiodun Olaleru, Bamidele Ibironke, Oluwaseyilayo Ojo, Tochukwu Onyiuke, Yemi Adesina, Omoyemi Akangbe, Onyemaechi Adiukwu and Olayemi Badewole.

    Akangbe, a former chairman of the branch, was also honoured for exceptional service to the Bar, while another former chairman Chukwuka Ikwuazom (SAN) and former Assistant Secretary Oyinkasola Badejo-Okusanya were honoured for exceptional service to the Branch

    Immediate-past chairman of the Branch, Ikechukwu Uwanna, now Abia State Attorney-General and Commissioner for Justice, and his Lagos counterpart Lawal Pedro (SAN) received individual recognitions.

    The night of fun, with Comedienne Kiki as compere, featured music performances and prizes for best-dressed lawyers.

  • EFCC chair seeks legislation against unexplained wealth

    EFCC chair seeks legislation against unexplained wealth

    Economic and Financial Crimes Commission (EFCC) Chairman Ola Olukoyede has called for legislation against unexplained wealth to check treasury looting.

    He made the call at a two-day international law conference with the theme: “Unexplained Wealth in the Global South: Examining the Asset Recovery and Return Trajectory” organised by Attorney General Alliance (AGA) Africa Programme in partnership with the Christopher University, Mowe, Ogun State.

    Olukoyede said the commission still relies on the provisions of Section 7 of its Establishment Act to check the menace when many countries such as the United Kingdom, Australia, Mauritius, Kenya, Zimbabwe and Trinidad and Tobago had embraced the Unexplained Wealth Orders (UWOs) since it came into force in 2018.

    “Countries are faced with criminalities emanating from money laundering practices and illicit funds, which led to the promulgation of UWOs in 2018.

    “Several countries have come up with UWO. Nigeria is yet to come up with a national legislation on it,” he said.

    The EFCC boss, represented by the Abuja Zonal Commander, Assistant Commander Adebayo Adeniyi, emphasised that treasury looters would have little cover if the issue of unexplained wealth was tackled more seriously across the world.

    He said: “In Nigeria today, unexplained wealth has become a practical means of tracing, identifying, investigating and prosecuting corruption cases.

    “As an anti-graft agency, suspects of any economic and financial crimes are usually required to declare their assets in the course of an investigation.

    “The basis for this is to properly establish their true asset base and their linkage or otherwise to any act of corruption.

    “Owing to the absence of legislation on the issue of unexplained wealth, the EFCC continues to rely on provisions of Section 7 of its Establishment Act to handle it.”

    Olukayode said the recovery of stolen funds stashed in foreign jurisdictions is more complex.

    The keynote speaker, Jonathan Huth, former United States of America civil prosecutor, said lawyers working as asset recovery experts must have a good knowledge of the brief, what the law says about the matter, and have a clear idea of how to handle it by improving their skills.

    Independent Corrupt Practices and Other Related Offences Commission (ICPC) Chairman, Dr Musa Aliyi, represented by the head of Lagos operations, Hadiza Rimi, called for the proper handling and accounting of all proceeds of crime, especially those seized from corrupt public officers.

    He said this would go a long way in creating public confidence and encouraging more whistleblowers to come out.

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    A legal expert, Babajide Ogundipe, urged the government to engage the best lawyers in asset recovery cases given the complexities involved.

    He also suggested the non-conviction process as a way to recover unexplained wealth, which in most cases are proceeds of corruption.

    Senior Partner at Punuka Attorneys and Solicitors, Dr. Anthony Idigbe (SAN) said while lawyers are bound to defend their clients, they should also report to the authorities any crime about to be committed by those they represent.

    Vice-Chancellor of Christopher University, Prof Olatunji Oyelana, said the collaboration with AGA-Africa was to bring experts together to chart new paths in the anti-corruption war and to increase understanding of unexplained wealth and how to track them.

    AGA Africa Programme trains prosecutors, judges and investigators in at least 12 countries.

    It helps to create a knowledge bridge between the U.S. State Attorneys General and members of the criminal justice system in Africa.

    The programme is designed to share expertise and build capacity to combat a myriad of transnational crimes such as human trafficking, cyber-related fraud and money laundering.

  • NCC clamps down on digital, online pirates

    NCC clamps down on digital, online pirates

    The Nigerian Copyright Commission (NCC) is set to clamp down on digital and online content pirates.

    NCC Director-General, Dr. John Asein, disclosed plans at a one-day NCC-organised workshop on online content management and digital piracy in Lagos.

    He said with the advent of ICT,  pirates have not only migrated online but seemed hell-bent on using digital tools to evade law enforcement agents despite efforts to curb the menace.

    To this end, he said the commission has unveiled strategies in tackling digital piracy and online content management.

    He stated that the workshop, is one of the proactive steps it is taking to ensure that Nigeria is not turned into a hub in the online piracy network, adding that it focused on the delicate balance between the rights of content creators and the responsibilities of service providers in tackling the menace of piracy online.

    “The advent of digital technology has challenged traditional copyright paradigms. More than ever before, creative content which is the oxygen without which digital technology would be unattractive is being threatened by different forms of abuses.

    “The Federal Government has reiterated its commitment to providing an enabling environment for the digital economy to thrive, promote wealth creation and contribute to national development.

    “The new Copyright Act, 2022 which was signed into law this year seeks amongst other things, to guarantee adequate protection of rights and provide for effective enforcement of those rights, particularly in a digital environment.

    “It is against the backdrop of the foregoing that the commission has continued to engage with right owners, users, intermediaries and facilitators to formulate appropriate regulatory and administrative frameworks for the effective implementation of the provisions of the Act,” he said.

    The workshop, which was attended by experts and government agencies drawn from legal, ICT and security sectors, was moderated by the Director, NCC Lagos office, Mrs Lynda Alpheaus.

    Although Copyright Act contains elaborate provisions to safeguard copyright content online, Partner at Olajide Oyewole LLP, Mrs. Sandra Oyewole, who spoke on the protection of digital content under the Act, cited the inclusion of copyright education in school’s curriculum, beginning from primary as one of the hands-on ways of curbing the menace.

    She said: “Intellectual property (IP) is everywhere you go and IP, which includes copyright education, should now be a mandatory subject in our primary, secondary and higher institutions of learning.

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    “This government has placed a lot of focus on the creative and innovative economies, so it has to fund the efforts of NCC. That is the agency charged with copyright. And if it begins to fund it, I think we would begin to see more changes,”

    For Mr Frikkie Jonker, Anti-piracy Director, Iredo, who spoke on online, piracy and the creative industry, online piracy poses a serious threat, not only to the creative industry – film, music, book, software, visual art and broadcasts – but also a threat to national security and critical infrastructure.

    He said: “Although several reasons may be advanced for the phenomenal rise in illegal downloads and other copyright abuses, the impact is better imagined as right owners lose expected incomes, jobs are threatened, and the nation’s creative economy is threatened.

    “The risk of malware could easily compromise vital information and threaten the safety of online transactions,” he said.

    NCC Director Operations, Mr Obi Ezielo,  who spoke on challenges of enforcing the law against online piracy, said a Special Online Investigation Unit has been set up to monitor sites, investigate complaints and enforce online violations.

    “So far, the unit has recorded modest success, but we are confident that, working with other relevant agencies, it will henceforth more speedily take down infringing materials, block websites and arrest infringers.

    He said: “It will also be taking steps to control the import, sale and use of devices that are primarily designed or configured to circumvent technological protection measures. The attention of intermediaries is also drawn to their possible liabilities under the Act for aiding or procuring others to commit an offence under the Act in which case they would be liable to the same punishment as prescribed for the commission of the main offence.”

  • Nigeria must shift from  culture of violence to fundamental rights

    Nigeria must shift from  culture of violence to fundamental rights

    Deputy Vice-Chancellor (Development Services) University of Lagos (UNILAG) Akoka Professor Ayodele Atsenuwa has said that Nigeria needs to shift from a culture of violence to uphold the fundamental human rights of citizens as contained in the constitution.

    Atsenuwa  recommended better support for the Nigerian Police Force and a focus on effective systems of law enforcement instead of talks of salary as the solution to human rights abuse, including extrajudicial killings by law enforcement agents.

    Delivering a keynote  address at the 75th International Human Rights Day Celebration held by the Nigerian Bar Association (NBA) Ikeja Branch, the law professor gave an appraisal of Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) vis a vis, the operations of Law Enforcement Agencies in the country.

    Atsenuwa said the Nigerian state and its agents are largely complicit in the breach of the fundamental human rights of its citizens.

    She said: “Virtually every state agency has law enforcement powers which have implications for human rights. Their officers are usually empowered to use force… which have a clawback on rights.”

    The law professor said the legal provision for the use of force by the police can prevent citizens from enjoying their rights to movement, peaceful assembly and lawful gathering.

    The law professor said there is a perception among law enforcement agencies that they are not a part of the criminal justice system and that it works against the execution of their duties.

    She said that officers of the police force who feel that killing criminals is more effective only lack the capacity for effective law enforcement.

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    Atsenuwa said the Nigerian criminal justice system needs to begin planning for the prevention of crime instead of being reactive to prevent further abuse of human rights, including unlawful arrest and detention and forced confessions.

    Atsenuwa added that the Universal Declaration of Human Rights (UDHR) is the bedrock of the human rights laws in Nigeria and a reminder that every Nigerian is at risk if one individual abuses human rights and gets away with it.

    “Nigeria needs more compulsion to domesticate the UDHR due to the dualist legal system practised in the country.

    “To date – in Nigeria – economic, social and cultural rights are treated differently from the rest of the civil and political rights in Chapter 4 [of the 1999 Constitution]. They are seen as more of an aspiration instead of rights,” Atsenuwa continued.

    The Vice Chairman of the NBA Ikeja Branch and Chairman of the Human Rights Committee, U.C. Tracy Amadigwe-Dike, said the celebration of the International Human Rights Day was to shine a light on how unfortunate it is that the Nigerian government, through its agencies, are mainly involved in violating the rights of the citizens they are meant to secure.

    The chairman of the NBA Ikeja Branch, Oluwaseun Olawumi, pointed to the value of human rights and said, “Human rights must be respected and implemented even if there is a cost – such as a slower and more expensive process.”

  • ‘Supreme Court should avoid technicality in Plateau’

    ‘Supreme Court should avoid technicality in Plateau’

    Latep Dabang is a chieftain of the Plateau State chapter of the People’s Democratic Party (PDP) and a Special Adviser to Governor Caleb Mutfwang. In this interview with KOLADE ADEYEMI, the former chairman of the All Progressives Congress (APC) speaks on the genesis of the crisis within the PDP in the North Central state, the perceived conflicting appeal court rulings on separate election cases on the Plateau and other partisan issues

    What is the genesis of the crisis in the PDP, particularly as it affects the primaries ahead of the last general election, which has put the party in a tight corner today?  

    It could be traced to the internal crisis in the year 2020, which prevented the party from participating in the local government election of 2021. On the basis that, there was no valid exco on ground to conduct the primaries that will produce the counselors and chairmanship candidates for the election. The PDP factions dragged each other to court, and the court ruled that they should go back and perfect the structure. As a result of that, they did not participate in the local government election in 2021. But, much later in the year around September, that was about the time I joined the PDP, the party ordered for a fresh congress, which was  conducted at Langfield, Jos. That congress went smoothly without any rancour. I remember clearly that even one of the contestants, Bitrus Kaze who contested for the party chairmanship position with  Chris Hassan congratulated him after the results were declared. 

    To the best of my knowledge after the Landfield Congress, I’m not aware of any PDP person that went to court to express his grievances or displeasure over what transpired at Landfield. So, we left Landfield satisfied that the court order have been obeyed by the party; we had put up a valid structure for the party. That is the best I know about what transpired at that time. But, shortly, there was then the convention, where primaries that produced the candidates for the last general election. This came in 2022, in the wake of the signing of the Electoral Act 2022 into law.  Part of the amendment stipulates that only delegates will participate in the election at the primaries. I remember clearly that the national secretariat sent in a delegation that was headed by the zonal chairman to conduct the election for delegates, which later picked the candidates at the primaries ahead of the 2023 election.

    Thereafter, one of the aggrieved party man who had vied for the Langtang North House of Assembly ticket, felt aggrieved and decided to challenge the matter, using the 2021 issue to say that there was no valid structure on ground. As a result, he asked the court to nullify all the primaries that the PDP conducted on the Plateau. After losing the case at the high court, he went to the Court of Appeal and also lost; the Court of Appeal ruled that there was a valid structure on ground. 

    So, when we are talking of lack of structure, some of us are at a loss because in the first place, my understanding of elections of this nature is that the national secretariat of the party is the one that present candidates to INEC for elections. I’m also aware that the courts have ruled several times that when it comes to the issue of conducting primaries and presentation of candidates for election, it is the national secretariat of a party that has the right to do so. When you marry that with the fact that at the second congresses that took place there was nobody that complained to the best of my knowledge, it means that there were no issues arising from that congress. I’ve heard people arguing that there was no substantial compliance; if there were no substantial compliance, who is complaining? And who is the one that is saying that there was no substantial compliance?.

    These are some of the areas that have bothered us so much. And what is substantial compliance, all you hear is that 12 local governments did not participate. When you go to the nitty gritty of it, you’re talking about 12 exco; the exco of 12, local governments. The entire number of people in that exco, which ought to have participated in the congress, if you add them up, they’re not even one over 1000 of the number of people that participated in the congress. So, if you have a congress that had over 2000 people, and you’re only talking about a handful per local government times 12, how does that affect the outcome of a congress? Even if they had gone to complain? What a tribunal or a court will look at is the number of votes cast? And the number of those that did not vote? And even if all of them votes for one candidate, would it change the result? If the answer is no, you can’t order for a by election in such cases? If the answer is yes, it is only then that you can contemplate a rerun. 

    So, I don’t know what is meant by substantial compliance in this case? The 12 local government exco in question have not gone to complain that because they did not participate, there was no compliance with a court order. In any case, there must have been a reason why those 12 local governments did not participate. It must also be a kind of consensus among them not to participate; there must have been a reason. I say this because they didn’t complain. If they had gone to complain, I would have said maybe there was no reason. But, as it is, there must have been a genuine reason why those 12  local government excos did not participate. So, for me, it looks very strange; that something buried by a political party somewhere somehow is being  resurrected to solve some people’s problems. This is the way I see it. 

    Many observers have questioned the the way and manner Plateau case was handled at the Court of Appeal. What’s your comment on that?

    I don’t know what informed the Court of Appeal to dedicate one panel to handle Plateau cases when other states do not have privilege. It suggests that there was a vested interest to ensure that Plateau went the way it did. But, I would leave that to the court of public opinion. 

    It is unfortunate that we have that kind of situation. That is why quite a number of us don’t believe that there was any intention to give justice to Plateau State. Otherwise, why was the case of Plateau so special that you have to have a dedicated panel to handle all the cases?

    But, a chieftain of the Plateau chapter of the PDP, Fidelis Tapgun has come out to say that the has no structure. How do you react to this?

    Fidelis Tapgun, to the best of my knowledge belongs to the aggrieved party. So, he’s only saying what members of his group wants the world to believe. When I joined the PDP, what I saw on ground are two contending groups or interests: the pro-Jang and the pro-Useni groups. Tapgun belongs to the pro-Useni group. Those of us in the PDP know this but people outside the party may assume that he is  speaking from a very fair and independent point of view. This is certainly not the case. He belongs to the group that challenged the outcome of the congress that led to the repeated congress. So I think they are simply following a script. So, I’m not surprised about what he’s saying.

    But, are you not surprise that a member of your party’s Board of Trustee (BOT) can come up with such a comment?

    This is the ugly story of politics in Nigeria. Where god fathers or certain personalities will sit down and insist that things must go their way. If it things are not done their own way, then there is no democracy. If, for instance, group A succeeded and group B fails, group B will say let’s scuttle it. That is exactly what is going on. So, the fact that he is a member of the Board of Trustees does not insulate him from this kind of attitude and behaviour in the Nigerian politics where people want to be lord to themselves; we have taken selfishness too far. It is time Nigerians tell off these kinds of self-serving politicians; we have had enough of their selfish game.

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    In the case of these conflicting judgments from the Court of Appeal over Plateau election cases, what do you think the NJC should do?

    The body can review cases already decided by the court. But; it depends on the case in question. We are talking about election petition tribunal here, which is different from other matters. However, parties to the case has the right to approach the NJC and seek for a review of their case if they have good grounds to do so. They have lawyers, and their lawyers should know better whether the case can be reviewed or not. If the laws does not include such matters for review, that would be the end of the matter. In this case, we are believing that the Supreme Court will do the right thing.

    Ironically, the current president of the Court of Appeal is from Plateau State. There are insinuations in some quarters that she may have influenced Plateau cases at that level. What’s your opinion on that?

    I cannot say with confidence that the president of the Court of Appeal has any influence in Plateau cases before her. We are proud she is from Plateau State; she is our own. It is unfortunate that she found herself in that position at this critical period. It will be difficult for me to begin to cast aspersions on the personality of the president of the Court of Appeal for the simple fact that she does not sit on the appeal panel. It is a panel of Judges that sit on the appeal and decide. 

    But many across the country have insinuated that the enemy of Plateau State is a Plateau indigene. For instance, a situation where a special panel had to be instituted to handle Plateau election cases is suspicious. The question people are asking is, why did she dedicate one panel to handle Plateau alone, whereas that is not the case for other states? This is where the problem is? That is why people are having this feeling that there must be a smoke behind the fire.

    What is your expectation from the Supreme over the governorship election case?

    If all the facts at our disposal are presented and are properly analyzed the way we are seeing it, I believe that the Supreme Court should be able to distinguish between what is a pre-election matter and what is not, particularly as it concerns Plateau in this case. In other words, what we are saying is that all that took place during  the PDP congress up to the point of the second congress is a pre-election matter. This is because nobody has approached any court in this country to challenge the second congress. The person who attempted it, I said was a candidate who lost out and his prayers borders on the PDP structure. But, the Court of Appeal said no; that the PDP has structure. So, if all these rulings were presented before the tribunal, and they still went ahead to do what they did, it is left for the Supreme Court, which has ruled several times on similar cases, to look at it and tell us what is the distinguishing factor that would make the case of Plateau different from the others that we have seen. It’s up to the Supreme Court. But, for me, and for those of us who may not have the legal eyes and are seeing it from the layman’s point of view, I believe that the Supreme Court will do justice.

    Looking at those behind the impasse, within the PDP, talking about the  personnel, what is your advice?

    Well, I  have always advised that we should close ranks. This is because the bottom line of whatever we are doing is to give service to the people. That is one. Two, democracy, they say is a government of the people, by the people and for the people. So, if you’re in democracy, whether it is at party level or governance level, is about the interests of the majority within the association. If the majority have spoken, whether it’s in your favour or not, you must learn to swallow it.  Like in this case, they will tell you they were aggrieved and they went to court. Yes, the court have ruled that it will say there was a repeated congress where all of them participated. After that repeated  congress, they have not gone anywhere to complain. If that was done, they need to tell us where and the outcome. 

    With what is going on at the court, how does that portray politicians on the Plateau?

    It portrays us in very bad light. You have a situation where the state for the first time, probably I may be wrong or I may be right, that you have to turn out in large numbers for an  election that far exceeds what has happened in the past. If you take the candidates one by one and the votes they earned in 2023 elections, compared with past elections, you can see the level of love and concern and commitment on the part of the people of Plateau State towards the PDP and its candidates. If you take Napoleon Bali who contested for the Plateau South senatorial seat, he won his election with a gap of over 57,100 votes. If you go into history, I’m not aware of any senatorial candidates that have won an election with such a margin. Secondly, if you take Governor Mutfwang, it  is the same story. He got such a massive support from the people of Plateau State. It is the same for all the PDP candidates, including Isaac Kwallu, Bagos and Madkwon. You can see massive for the first time; it is like people put in their heart in it. And suddenly, the judges said no on this grounds of technicality, which we are also contesting. This people cannot be in the position in which Plateau  people has placed them.  Whether you like it or not, it is a very bad omen for the state. It can give room to crisis. It can give room to lack of cooperation, even if the government is not PDP, the people on ground are PDP. So, you are likely going to have a scenario where two things could happen. You could have a government that is very shaky. Or you could have a repeat of Zamfara situation, the government was given to one party, the PDP.  I see a situation where Plateau people will simply say, let us sit down and wait patiently for 2027 to come to see how they will repeat what they did in 2023.

    You were a former APC chairman who joined the PDP after President Buhari secured his second term mandate.  What informed such move?

    I resigned and left the APC due to the high handedness of the then Governor Simon Lalong. He would not allow internal democracy in the party, and could not tolerate such. That is why I am most surprised today that the APC is accusing the PDP of not having structures. For me, if there is any political Party that has no structure on the Plateau, it is the APC. All of us are living witnesses to how the leadership of the party emerged. In 2021, the APC collapsed. No doubt about that. 

    It became obvious that internal democracy was not going to be obeyed. Councillorship candidate, chairmanship candidates were simply selected. And when it got to the congresses all the election or purported congresses that took place at local and ward levels were stage-managed.

    So, I am at a loss why they are accusing the PDP of having no structure. We know the circumstances that prevented us from participating in the local government election and the court said we should go and repeat it. It’s also on record that the congress was successfully held where the current leadership of the PDP emerged and in this second congress, nobody complained because there were no issues. It ought to have been settled out of court. But, unfortunately, it was never settled. I know that Ibrahim Kaze,  Yahuza Pankwal and Innocent Maimageni are still in court battling to rectify that.

  • Abiodun appoints Oladunjoye as senior media consultant

    Abiodun appoints Oladunjoye as senior media consultant

    Ogun State Governor Dapo Abiodun has appointed the former chairman of Ijebu East Local Government, Tunde Oladunjoye, as his senior consultant on media.  

    In a letter of appointment dated December 11, 2023 and signed by the governor, he congratulated Oladunjoye, who is also the publicity secretary of the Ogun State chapter of the All Progressives Congress (APC), on the appointment.

    “Please, accept my hearty congratulations on this well-deserved appointment and best wishes for a successful tenure of office.”

    Oladunjoye was the assistant publicity secretary of the Directorate of Strategic Communications of the APC-Presidential Campaign Council for Asiwaju Bola Ahmed Tinubu and was also a member of the Publicity Committee of the APC presidential primary.

    With a bias for arts, social policy,  politics, human rights reporting and media advocacy, Oladunjoye,  for several years,  covered the biggest film festival in the world, the Cannes Film  Festival, Cannes, France.

    ; he also covered the Pan-African Film and Television  Festival of Ouagadougou in Burkina Faso, the Nigeria’s Eminent Persons  Agricultural Summit hosted  in   Geneva 2013 by President  Goodluck  Jonathan and   the World Hunger Summit hosted by  UK in 2013. He was part of the Presidential Delegation to the World Economic Forum, in Switzerland in  year 2013.

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    He was appointed by the Federal Government into the Strategic Media Communication Committee of the Agricultural Transformation Agenda (ATA) in 2012 and later as Media Adviser  to Nigeria’s  Minister for Agriculture, Dr. Akinwumi Adesina, between 2012 and 2014, before taking up an appointment as National Media Consultant to World Bank/FGN under FADAMA III Additional Financing Project  between 2016 and 2018.

    A published poet, he  edited Activist Poets: An Anthology  of Nigerian Pro-democracy Activists, published in 2002 with the sponsorship of the French Government through the French Cultural Centre, Ikoyi, Lagos. He has been a  resource person to UNESCO and Peer  Reviewer with the World Bank. He was Resident Journalist with the  House of Journalism, Lome,  Togo (2001), Visiting Journalist to Nigeria’s Permanent Delegation to UNESCO, Paris, France,  in 2005 under the leadership of Professor Michael Omolewa. He was a UNICEF Scholar  to South Africa in 2014 to study Design and Implementation  of Social Protection  in Africa.

    Oladunjoye served as  Board Member, Ogun State Broadcasting Corporation, Member, Governing Council of Tai Solarin University of  Education (TASUED), Chairman Ogun State Television (OGTV), Member, Governing Council, Federal Polytechnic, Ukanna, Akwa Ibom State,   and Member Ogun State Muslim  Pilgrims Welfare Board. He was named United Nations Youth Ambassador for World Peace in 2008.

  • Lagos 2024 budget scales second reading

    Lagos 2024 budget scales second reading

    The 2024 Appropriation Bill presented by Lagos State Governor Babajide Sanwo-Olu has passed the second reading.

    Speaker Mudashiru Obasa therefore committed it to a joint-committee of the House for proper scrutiny.

    He urged the joint-committee on Economic Planning and Finance to produce a well-scrutinised budget in three weeks, for the people’s benefit. 

    Chairman of the joint committee Sa’ad Olumoh said the budget aims to address issues resulting from the removal of subsidy and exchange rate.

    He added that the budget would be made to minimise waste.

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    Femi Saheed, who heads the Finance Committee, said with the budget, “Lagos is moving away from relying on federal allocations,” while his colleague, Kehinde Joseph, said the budget should address situations where some agencies of government exist in rented buildings.

    Deputy Majority Leader Adedamola Kasunmu said “the budget can be self-sustaining and realistic if the right thing is done.” He added that focus should be given to health and education. 

    Desmond Elliot called for an improvement in the budget for social protection to effectively reach the people, while Nureni Akinsanya said applications for Certificates of Occupancy can be made lighter for the government to make more money.

  • Customs ‘committed to officers’ welfare’

    Customs ‘committed to officers’ welfare’

    The Comptroller-General of Nigeria Customs Service (NCS), Bashir Adeniyi, has said “we are committed to the welfare of our men and officers, because this will boost their morale to perform well and increase productivity in line with the Renewed Hope agenda of President Bola Ahmed Tinubu.”

    Speaking yesterday in Ibadan while launching ‘Coop Pacesetter Estate’ for NCS officers, he said many of the officers worked for about 30 to 35 years without having a decent home of their own.

    He said they were allocated quarters and had to vacate the places after their retirement.

    He said NCS was committed to ensuring an enhanced welfare package for its officers and men, adding that the struggle to secure house had weighed on the officers and men, often impacting on their ability to fully focus on their duties.

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    Adeniyi said: “The Service is solving this problem of accommodation by providing staff quarters across the commands. While staff quarters offer temporary relief, the uncertainty of retirement looms large as quartered staff will need to vacate upon completion of service.

    “Recognising this challenge and in a bid to ensure sustainable housing solution, we have partnered with Cooperative Mortgage Bank (CMB) to build 5,000 units of houses across the country. This will provide a foundation of stability for our officers, allowing them to invest in their families and future, and ultimately serve our nation even more effectively.

    “The housing scheme features various types of houses, including two-bedroom terrace bungalows and three-bedroom terrace duplexes in Lagos, Kaduna, Kano, Asaba, Masaka, lbadan, Port-Harcourt and Abuja.”