Category: Emeka Omeihe

  • Vacillations on restructuring

    Restructuring debate was again re-opened by President Buhari and his deputy, Yemi Osinbajo when they spoke at separate venues last week. The president while addressing the Nigerian community in France claimed those calling for restructuring have been doing so without defining what it should be.

    According to him, “there are too many people talking lazily about restructuring in Nigeria. Unfortunately, people are not asking them individually what they mean by restructuring. What form do they want restructuring to take. Do they want us to have something like the three regions we used to have?  Let them define it and then we see how we can peacefully do it in the interest of Nigerians”, the president reportedly told his audience.

    At an entirely different occasion in Lagos, Osinbajo who spoke on the theme “Restructuring and the Nigerian Federation” told his listeners that good governance was what Nigeria needed rather than geographical restructuring. He said he has been “an advocate of fiscal federalism and stronger state governments. I have argued in favour of state police for the simple reason that policing is a local function. You cannot effectively police Nigeria from Abuja”. He also claimed to have argued before now that stronger, more autonomous states would effectively eradicate poverty in the country.

    When the two positions by the nation’s topmost leaders are paired, one cannot but be utterly dismayed at the manifest dissonance inherent therein- dissonance that exposed the naivety or insincerity in some of the claims ascribed to Buhari on the precise meaning or definition of restructuring. But even before some of those claims are appraised, it is clear Buhari and Osinbajo are definitely not on the same page on the matter. Not with the clear demonstration by the latter that he understands the meaning and confines of restructuring.

    Osinbajo prefers good governance to geographical restructuring. But he recognizes the imperative of fiscal federalism, stronger states and state police. He recognizes that more autonomous states would effectively reduce poverty and that policing is a local function, very difficult to perform from Abuja.

    He is not under any illusion as to the precise meaning and elements of restructuring canvassed by its army of proponents in contradistinction with what his boss wants us to believe. He neither offered any definition nor did absence of it bar him from identifying salient issues that needed to be tinkered with through restructuring. At any rate, the vice president must have been guided by the knowledge that in social analysis, definitions are rather inconclusive.

    Osinbajo is no stranger to the fact that the federal system we operate is not original to us as it was copied from somewhere. And that raises the issue of comparison embodied in his admission that policing is a local function. By logical inference, he is saying there are functions that are better performed at certain levels in a federal system and structural adjustments have to be made to properly align them and strengthen system. He identified fiscal federalism, stronger states and state policing as some of them

    Apparently deploying the most similar systems design of comparative analysis, he identified three areas that must align themselves to the realities of a true federal structure. There are many other nagging issues including geographical restructuring which he would want to avoid. There are no ambiguities on these despite Buhari’s prevarications. We are not surprised since it tallies with the hallmark behaviour of interests opposed to restructuring of inventing tenuous reasons to throw spanners into the wheel of its progress.

    More fundamentally, it was a huge joke reading some of the claims ascribed to the president on restructuring. He wants proper definition of restructuring before government could go into it. He wants people to define the form it should take and whether we should go back to three regions and all that. Perhaps, we can excuse the president because he was addressing citizens abroad some of who may have faint knowledge of issues surrounding a matter that has been very clearly and copiously canvassed.

    But then, the questions he threw to his audience are really for him to answer. And as the head of a government that promised restructuring in its campaign manifesto, is it not ridiculous that Buhari would be taking Nigerians abroad to task on an issue he ought to have a better idea of by now? And if one may ask, what concept or idea of restructuring did the president have in mind when he promised, campaigned and won election its basis? What definition of restructuring did his party have in mind or they just inserted the word without deep reflection on its precise meaning? Or are we being made to believe it was just a campaign gimmick?

    The latter poser is reinforced given the double-speak which Buhari and some of his functionaries have subjected resurging agitations for restructuring to. At the peak of those agitations, the All Progressives Congress APC set up a committee headed by Kaduna State governor, Nasir El-Rufai to distil the true intent and definition of true federalism or restructuring as it promised during the 2015 elections. The move then was largely seen as a ploy to buy time.

    But after four months of what they called rigorous research, the committee submitted its report to the party leadership with recommendations spanning 13 items on which they said a wide gamut of consensus existed among Nigerians for constitutional amendments to align them with the realities of the times. These included merger of states, delegation principle, fiscal federalism and devolution of powers.

    On fiscal federalism, they proposed amendment to section 162 and sub-section two of the constitution and revenue allocation formula to “give more revenue to the states and reduce the federal government’s share of revenue”, noting what it called the overwhelming demand for devolution of powers, the committee proposed that the second schedule of part one and part two of the constitution should be amended to transfer some items that are now on the exclusive list to the concurrent list to enable both the states and federal government legislate on them.

    There were also proposals on independent candidacy, local government, revenue allocation, citizenship, judiciary and referendum all geared towards resolving some of the imperfections of our convoluted federal order that has often resonated in agitations for restructuring or true federalism. It is almost a year since the committee submitted its report without any concrete action coming from the government. And as if the silence of the APC and the government on the report is not worrisome enough, Buhari seemed to have added salt to injury when he sought to interrogate his audience on issues his party has been properly advised by the committee. It is quite amazing that the president feigned ignorance of the wide gamut of consensus reached by the committee set up by the party he leads. What other definition, interpretation or suggestion does he expect on the matter rather than action?

    Or how do we explain his stunning dithering on the precise meaning and definition of restructuring even as Osinbajo appears clear as to aspects of the restructuring the government can possibly undertake to strengthen the federal order? If at this point the president neither knows the items of restructuring nor prepared to provide the required leadership and requisite political will to honestly address the matter, then this country is in a deep mess.

    The fact remains that restructuring the polity can no longer be wished way. It is also clear the current regime is not being honest on it. That is why it continues to erect obstacles on the road to its implementation. But restructuring holds the key to the continued progress and development of this country.

    The rancour and bitter competition that characterize our politics and the massive looting of public funds by sundry buccaneers masquerading as leaders are directly linked to the imperfections of our federal contraption. Restructuring will largely address all that and stave off the increasing recline to primordial and parochial predilections. Is it surprising these tendencies are at an all time high?

  • Imo: Limits of propaganda

    KEEN observers of events since the congresses and primaries of the All Progressives Congress APC in Imo State, would have been amazed at the narratives emerging from that state.

    Battle for the control of the party leadership was fought between a group loyal to the state governor, Rochas Okorocha and a coalition of other influential party members opposed to the governor. It produced parallel party executives with the ensuing primaries following the same predictable pattern as it threw up two governorship candidates. The claimants, Senator Hope Uzodinma and Uche Nwosu are currently locked in a legal battle over the authentic flag bearer of the party.

    When last week the state government issued a statement blaming people outside the party for its current predicament, one was at a loss to figure out how that could have been. In that statement, Okorocha through his press secretary, Sam Onwuemeodo accused the Catholic Archbishop of Owerri Diocese, Most Reverend Anthony Obinna, former governor of the state, Chief Achike Udenwa and former chairman of the state council of traditional rulers, Eze Cletus Ilomuanya of supporting Hope Uzodinma and nursing pathological hatred for both the APC and President Muhammadu Buhari.

    “So they are working together now in support of Hope Uzodinma, whose claim of being a member of the APC is not up to six months. And the PDP chieftains like Udenwa also supporting the senator. These people cannot love APC or President Buhari”, the statement further claimed.

    One is not holding brief for those accused of either supporting the candidature of Uzodinma or of pathological hatred for the APC and Buhari. Those accused are capable of defending themselves. But, it is difficult to gloss over the incongruities and contradictions brought to the fore by some of the issues bandied by the state government. Archbishop Obinna and Ilomuanya are not politicians even as they are free to have their personal preferences in political matters. But whereas Udenwa is a member of the Board of Trustees of the PDP, Ezekiel Izuogu also accused, belongs to the APC.

    The nagging poser is the purpose served by Okorocha going to town with the claim that these key personages hate Buhari and the APC? And if they hate the APC and Buhari, how come they now support Uzodinma to clinch the APC ticket? In what capacities will they achieve that since the issue in contention is the ticket of the party? That appears a huge contradiction that casts serious slur on the veracity of the claim. Perhaps, the only objective it could serve is to create a rift between them and the president especially given the weight of the phrase “pathological hatred”.

    But when we pair the allegation of pathological hatred for Buhari and the APC with the other that they are supporting Uzodinma, the objective of the linkage becomes more manifest. It is spurred by no other motive than the desire to gain advantage over Uzodinma in the feud over the authentic governorship candidate of the party. It is cheap propaganda at large; a smear campaign.

    The game is to invent imaginary enemies of Buhari and the APC and accuse them of supporting Okorocha’s foe. If this subterfuge sails through, Uzodinma will fall out of favor with the party leadership thus paving the way for the successful emergence of his preferred candidate. It is also difficult to reconcile the claim that Archbishop Obinna has never hidden his sympathy for APGA, with the other that he is supporting Uzodinma to secure the APC ticket. Which of the two claims do we now believe? Even then, Okorocha got to his current position under the platform of APGA. So, he may have more to tell about his relationship with the archbishop.

    Behind these claims lies a hidden agenda to get even with his rival through unwholesome means. It is an uncanny similitude of pursuing an objective through fair or foul means. That is why Udenwa, a BOT member of the PDP will be supporting Uzodinma to clinch the governorship ticket of the APC. Udenwa must be that powerful if he could influence who becomes the candidate of the APC in Imo State when he is not a member of that party.

    The state government further exposed the duplicity in the allegations when it said Uzodinma’s claim to membership of the party is less than six months. That could be true. But it also exposes the deceit in the attempt to find escapism for the current crisis into which the state wing of the party is enmeshed. It should be a serious source of worry that with less than six months in the party and the awesome and larger than life powers which Okorocha hitherto ascribed to himself, some seeming interlopers are about to pull the rug out of his feet.

    That is the issue to contend with rather than this recourse to shadow chasing. Those Okorocha lined up for selective attacks were neither organizers nor participants in the contentious congresses and primaries that brought about the current pass. They neither have hands in the crisis nor will they be part of its resolution.

    Okorocha must come to terms with the fact that his problem is within his party for now. He admitted that much when he blamed the national chairman of the party, Adams Oshiomhole for the fate of the party in Imo State. That is a more reasonable way to go about it rather than beating about the bush.  But his style of politics must have contributed immensely to his current predicament. He is generally seen to loathe competition and team work, almost always preferring yes members around him. People of worth and knowledge who worked with him have sour tales to tell. It is not surprising that most of these people currently hibernate in other parties.

    Before now, the governor had told whoever cared that he will retire all key politicians in the state except perhaps, himself. He had boasted that after the said retirements, he will throw up a new corps of emergency leadership in the state. The word retirement soon became a euphemism for chasing key leaders away from happenings in his government. It may have worked for him all this while.  But the pay time has come. Those he plans to retire from politics would rather, not allow that happen. They are fighting to have him retired together with his army of make-shift leaders. That is the dynamics of politics.

    It is intriguing that the fight started from within his domain. Members of the party opposed to his style of politics including his deputy would no longer tolerate his bid to handpick people for all elective posts and install his son-in-law as the next governor. To a large extent, his current predicament is self inflicted. It all has to do with the arrogance and corruptive influences of power. And as Lord Acton aptly captured, power corrupts and absolute power corrupts absolutely.

    He had all the opportunity to make tremendous impact in the governance of the state given the circumstance of his ascendancy to power but failed to utilize it for public good. Okorocha had popular appeal that saw him defeat an incumbent governor. But he soon squandered that goodwill through anti-people policies; succumbing to the lure of exclusion, dictatorship and hero worshipping.

    The fact that he found himself waging wars on all fronts, even when his party’s candidate is yet to emerge is an eloquent testament to how enduring that goodwill has been. It is also a statement on how his government has been received by people of the state. These should constitute food for thought for him as the campaigns for the real elections commence.

    Beyond this, those conversant with the way Uzodinma left the PDP will scoff the suggestion that Udenwa is supporting his governorship candidature. Both are from the Imo west senatorial zone that produced Udenwa as the governor for eight years and Rochas about to complete another eight years. Uzodinma and Nwosu are from the same Imo west zone. And should any of them emerge and win, the zone would have monopolized that position for 20 years. How fair that will be to other segments of the state is a moot issue that is bound to influence the outcome of the governorship election.

  • Health insurance scandal

    From whichever prism raging controversy at the National Health Insurance Scheme, NHIS, is viewed, the organization is unarguably, in a deep mess. Weighty allegations of financial impropriety have been traded and something very urgent and drastic has to be done to retrieve the scheme from the precipice into which it is irretrievably mired.

    As things stand, the environment of work has been badly polluted even as the safety of staff cannot be guaranteed. Not with the Gestapo entry into the headquarters of the organization by its suspended Executive Secretary, Prof. Usman Yusuf.  Aided by a contingent of about 50 policemen, Yusuf reportedly confronted the staff that blocked the gate to deny him entry.  In the ensuing melee unbecoming of a governmental institution, teargas was fired by the police as he eventually made his way into his office.

    It was a shameful scene to behold. And the impression created is that of a complete breakdown of law and order within that critical institution. With the scene that played out, it has become clear there is serious resentment to the authority of the executive secretary with the staff divided along the line. The organization cannot achieve its statutory mandate in such a hostile environment.

    But it would seem the current crises could have been avoided had the relevant authorities done the needful when Yusuf was suspended last year by the minister of health, Prof. Isaac Adewole and a panel set up to probe allegations of gross misconduct against him.  Then, the minister had sent him on suspension to enable the panel do a thorough job without encumbrances. The committee which was composed mainly of staff of the ministry found him culpable of infractions that ranged from nepotism to theft of public funds.

    Curiously, President Buhari overruled the minister and ignored the findings of the panel when he ordered the recall of the executive secretary. A letter to that effect urged Yusuf to work closely with the minister on resumption of duties. And that appeared to have resolved the crisis within the NHIS albeit, temporarily. Speculations regarding the rationale for the surprising reinstatement of Yusuf ranged from accusations that the panel was not independent and free from bias to inability to conclusively prove some of the allegations made against the NHIS boss by the petitioners.

    President Buhari’s order reinstating Yusuf may have been informed by these considerations. But as recent events have shown, that was not all there was to the crises. Only last week, the governing council of the scheme again suspended Yusuf accusing him of monumental financial infractions. The council handed the suspension order on him to aid thorough investigation of allegations against him.

    Chairperson of the council, Enyantu Ifenne said the council decided to suspend Yusuf after being inundated with petitions and infractions against him. The administrative panel set up by the council is to among others; examine allegations of attempt to illegally execute N30 billion investments in FGN bonds, fraudulent inflation of the cost of biometric capturing machines, unlawful staff postings, insubordination, willful defiance of council’s directives and refusal to reflect amendments made by the council in the 2018 budget. The panel has three months to report back.

    But Yusuf again resisted the suspension order and stormed the headquarters of the organization with a contingent of security men forcing his way through. And as was the case in his earlier suspension by the minister, he is challenging the powers of the governing council to suspend him. He claims by virtue of the NHIS Act, particularly sections 4 and 8, his appointment and removal from office, whether by way of suspension or otherwise, is at the instance of the president. But the same Act in Part 3 section 8(3) also stated that the executive secretary is “subject to the general direction of the council”.

    Apparently relying on the former, he would not subject himself to any suspension order unless that directly handed over to him by the president. But the same president that appointed him also appointed the minster and the governing council to supervise his activities. In his earlier suspension by the minister, he had offered the same reason though the order for his suspension was authorised by the then acting president. In his current predicament, he is at it again. How he gets to know whether his suspension order was not authorized by the president even when letters emanating from that quarters will still be passed onto him through the office of the minister remains a puzzle.

    With such mindset, should it surprise anybody that allegation of gross insubordination levied against Yusuf holds some water? And since he owes his office to the president, he is at liberty to do whatever pleases him. It is therefore not difficult to figure out that at the centre of his confrontation with his supervisors is the feeling that he can only take directive from the president.

    But the argument as to whether the Act establishing the scheme explicitly gave the council the powers to suspend the executive secretary or not is patently unnecessary. It is a mere exercise in technicality as the same Act could not have permitted a situation in which the executive secretary will be above the supervising council and the minister. It does not and cannot work that way.

    The council has accused him of insubordination and wilful defiance of its directives. It is very unlikely these are spurious allegations. If anything, his disposition to directives emanating from his supervisors goes to reinforce this. In the circumstance staff discipline will be at its lowest ebb.

    But it would appear Yusuf is not alone in his obduracy. Those beating the drums for him are somewhere watching. He is neither the first person appointed to such critical institutions nor will he be the last. He is not the only person so appointed by the president that can only be removed with the approval of the president. Why his has become an issue is the moot point. He has accused Health management organizations (HMO’s) and sundry politicians of masterminding his current predicament because he blocked their sources of ripping the scheme dry.

    That could as well be. But it is inherently deficient in accounting for why he has found himself unable to work harmoniously with the minister, the governing council and the generality of the staff. It cannot also exonerate him from the plethora of allegations levelled against him that landed him in two suspensions within about 14 months. There must be more to it than he would have us believe.

    The unmistakable impression we get is that Yusuf is bigger than the minister, bigger than the governing council and they may have to be sacrificed for him to function effectively. There is also the feeling that everything can be sacrificed and every toe stepped upon for Yusuf to have his way. If that is the feeling within government circles, the options are clear. They should go ahead and relieve the minister and the governing council of their posts since Yusuf cannot work with them. That will enable work unsupervised and perhaps report directly to the president who appointed him.

    But where the government cannot adopt this line of action, it is only rational to see the continued stay of Yusuf in that scheme as an unmitigated liability. He must be made to proceed on suspension for serious investigations into the recurring allegations against him to be thoroughly conducted. His supervisors cannot be all wrong. And for a government that brandishes the war against corruption as one of its cardinal programmes, it cannot afford to do any less. The government cannot afford to shut its eyes to the weighty allegations traded without compromising its commitment to that war.

    Before now, the government has been heavily criticized for double standards in executing the war against sleaze in public offices. Apart from allegations bordering on focusing almost solely on the opposition, it has also been criticized for looking the other way when infractions concern some of its favoured ones. The case of Yusuf fits into the characteristic double standards when officials of the Buhari administration are accused of financial infractions.

  • Umahi’s grouse

    Those calling for the head of Ebonyi State governor, Dave Umahi over his utterances on the choice of former governor of Anambra State, Peter Obi as running mate to Atiku Abubakar, the presidential candidate of the Peoples Democratic Party PDP, should tarry for a while.

    For, it appears the euphoria that usually greets such appointments is about to blur whatever point there is in the reservations of some southeast leaders as presented by Umahi. This should not be surprising given the high wire politics that usually surrounds which part of the nation’s geo-political divide that clinches the position.

    Given this, comments with prospects of narrowing the chances of the zone or even working against it in producing the number two citizen are bound to ruffle public sensibilities. The peculiarity of the southeast within the nation’s political matrix since the return to democracy in 1999, further reinforces such feelings.

    So it was when after a meeting of southeast governors of the PDP and some leaders, Umahi addressed the press repudiating an earlier statement by his media aide congratulating Obi on his nomination. “I am shocked over the choice of former governor of Anambra State, Mr. Peter Obi as the running mate to the presidential candidate of the PDP, Alhaji Atiku Abubakar without consulting with the leaders of the zone. The earlier statement quoting me as congratulating Peter Obi was never to my knowledge and I dissociate myself from the statement” Umahi said.

    A barrage of attacks has been hurled at Umahi and the leaders on whose behest he spoke. Most of the views lampooned the governor for daring question the choice of Obi who in their view is eminently suitable and very qualified for the position. Umahi has been called all sorts of names with his promptings subjected to all manner of speculations. Some have even gone further to reel out Obi’s credentials all in an effort to rubbish whatever reservations might have informed the position of the southeast leaders. There are others who feel the governors should not have come public with such reservation as it tends to conform to the usual blackmail that the zone cannot agree on anything. For this group, Umahi’s comments could be capitalized upon by those against the progress of the zone to further divide and deny them their rights.

    The controversy is in part, self-inflicted. That Umahi issued a statement congratulating Obi on his nomination only to repudiate same shortly after is enough to raise eyebrows. It is immaterial whether the first statement was brought to his knowledge by his media aide or not. The fact that such a sensitive message went public without his endorsement also spoke volumes on the kind of administration he runs.

    It is curious that the governor, after issuing the congratulatory message turned full circle to express shock at the nomination on the grounds that the southeast was not consulted? Or put differently, were there no other available avenues to ventilate such grievances even in the seeming predicament he found himself?

    Having issued the first statement, one had thought that further developments on the matter should have been taken up privately. The retraction and the manner Umahi spoke conveyed the unmistakable impression that the southeast PDP governors were against the nomination of Obi. That is the general reading of the message. The governors are entitled to their position but as events have since shown, their strategy ended up producing direct opposite results.

    Apparently reeling on the sheer weight of these attacks, Umahi has made last ditch efforts to clarify his position.  In an interview with journalists in Abakiliki, he explained he was not against the nomination of Obi but the process leading to it. His grouse was that people from other zones met and took a decision that affected the southeast without the single input of any person from the area. “We have never said that Peter Obi is not good for us, we have nothing against Obi. But we want when decisions that concern us are being taken, we want to be part of that decision”, he said.

    He also picked holes with the manner in which the five names in the list were picked from three states in the zone to the exclusion of Ebonyi and Imo. He saw this as an attempt at marginalization contending that one of the reasons the Ebonyi man is not too comfortable with the idea of regions is that they are afraid of further marginalization.

    There are three issues raised in Umahi’s clarification. The first was that they were not carried along while decision on the nomination of the vice presidential candidate of the party was being deliberated upon by leaders from other zones. If people of other zones came together to consider the said list, it was only proper that the southeast should have had its representation irrespective of where the slot fell. This will make for equity and fairness and does not in any way compromise the right of Atiku to his choice of running mate.

    Umahi alluded to this in his earlier statement when he said if Atiku had just picked Obi without consultation with other regions; the southeast would not have raised eyebrows. But since he found it expedient to consult other regions, the exclusion of the southeast amounted to an error of judgment. We cannot agree any less with this view more so when the position was zoned to the region. Faulting that procedural error does not amount to a rejection of Obi’s candidacy as some are inclined to.

    It would then be improper to view that observation as evidence of schism within the ranks of the leadership of the zone. It is not. Neither should the lure of securing the vice presidential slot bar the leaders from making genuine observations on issues that affect them. After all, what is really there in the position and how does it remedy the precarious position of the southeast that we should be falling against each other? The slot is just one political post like many others that may end up not adding any real value to the southeast. It may not even be worth the energy being dissipated on it.

    There is the suggestion that PDP governors of the southeast did not support Atiku during the last convention of the party and that was why he did not consult them. This is neither here nor there since Atiku would still have to seek for votes in those states.

    Umahi went off tangent when he insisted that the five nominees in the list of possible vice presidential candidates ought to have been picked one from each of the five states. That would amount to trivializing the matter. If the nomination is based on merit as one should expect, demanding its sharing among the five states makes little sense. If all the states are ranked and one produces the five best nominees, the best of them all should emerge. This has nothing to do with marginalization as the governor erroneously argued.

    It was myopic for him to have alluded to this as some of the issues for which people of the state oppose the idea of regions copiously canvassed by proponents of restructuring. By extrapolation, he is saying that people of the area now known as Ebonyi were marginalized in the former eastern region and a return to regions would further accentuate that.

    The issue is not as simple as has been presented as whatever progress traceable to other sections of the zone are largely on account of individual efforts of those people depending on their competences, industry and hard work. And these vary from one area to the other. It was never a matter of deliberate government policy. Even then, Dr Akanu Francis Ibiam, the first governor of that region came from the present Ebonyi state. His position could have made all the difference in the lives of people of the area if all that was required for collective progress was ascendancy to high political office. Umahi must cure himself of such morbid prejudices if he must succeed in his current capacity.

  • Party primaries: matters arising

    Primaries by political parties for the forthcoming national elections have come and gone. But they left in their wake sour issues with wide repercussions for the growth and development of virile democratic culture.

    Even as the time frame for the conclusion of the primaries has since elapsed, the fallouts are yet to be conclusively resolved in some states. Reports from across the country beginning with the congresses of the parties during which they elected officers at the ward, local government, state and national levels spoke of impositions that denied ordinary members the right to partake in that basic civic duty.

    If reports of imposition at the level of the earlier congresses were minimal, that of the primaries was another thing all together. For parties using the indirect primary approach, card carrying members at the ward levels were expected to elect ad hoc delegates who will subsequently elect their candidates for the state houses of assembly, House of Representatives and governorship. But ad hoc delegates elected at the local government levels were to participate together with their statutory counterparts in the election of their presidential candidates at the parties’ conventions. But those using the direct approach required all card carrying members to vote at the primaries.

    The guiding principle is to actively involve the people who are the real owners of the parties in the running of their (parties) affairs and decisions as to the choice of those to represent them. Ordinarily referred to as internal democracy, it is a cardinal principle that stands out and gives value to democracy against other forms of governance framework.

    It also bears positive correlation with the social contract theory account of the evolution of modern democratic states. This theory conceives ultimate sovereignty as the prerogative of the people. It is this cardinal principle that is at test each time elections come up either in the form of congresses for the election of party officers at the various levels, primaries and conventions and general elections.

    Congresses, primaries and conventions therefore serve as the basic tests to gauge the commitment by political parties to the rights of their members to elect their leaders in a free, fair and transparent manner. It is also a measure of the level of respect political parties have for the sovereignty of the people as freely expressed at the ballot box.

    Whatever tendencies and dispositions parties exude at these basic levels of testing their capacity to allow the collective will of the people free reign are extrapolated as veritable signposts of what to expect at general elections. It can therefore be safely said that the extent to which political parties are committed to internal democracy mirrors their dispositions to free, fair and credible electoral contests.

    It is against this background that one is alarmed at the sordid outcome of the just concluded primaries of our leading political parties. The tone of events appeared to have been set with the controversy that embroiled the mode of primaries to be adopted by the parties. At the end of the bickering, the All Progressives Congress APC settled for both the direct and the indirect variants depending on the circumstance of each state. But the Peoples Democratic Party PDP and some others settle for the indirect option.

    Both options have things going for them. Their capacities to approximate the collective will of party members are not in doubt provided the rules of free and fair contest are neither abridged nor compromised. Ironically, the outcome of those primaries did not bear this optimism out. In many states across the country, imposition of candidates and impunity reigned supreme as party members were denied the right to elect their preferred candidates.

    Though the two leading parties: the APC and PDP are culpable in this, the malfeasance is more prevalent within the APC probably because it is the government in power. But some other smaller political parties especially those controlling one or two states are also in this mess. The case of the All Progressives Grand Alliance APGA in Imo State stands out distinctly. It has generated allegations of imposition among contestants for the governorship primaries threatening to tear the party apart.

    In Lagos, PDP members in the Alimosho local government area have protested alleged imposition of House of Representatives and state house of assembly candidates. They alleged that the state executive handpicked the candidates without holding any primary in the local government area.

    And in Zamfara, friction, bickering and threats of violence prevented the APC from holding the primaries. The national leadership of the party is locked in bickering with INEC which has written the party foreclosing its right to field candidates for any election in the state except the presidential poll. INEC letter stemmed from the inability of the party to conduct primaries in the state within the stipulated timeframe in keeping with provisions of the Electoral Act.

    But the APC citing threats of violence and friction among groups within the party claimed it later adopted the consensus option to generate a list of candidates it intends to forward to the electoral body. We are not as much concerned with the issues being traded by both parties as the fact of the APC’s admission that threats of violence, disagreement and friction debarred the primaries from holding.

    Zamfara is not alone in this. There were reports of three deaths in Ebonyi State when contending groups clashed at the primaries. These are in addition to the many unreported cases of violence and threats of it as the political parties filed out for their primaries. What all these go to underscore and very succinctly too is the fact that the primaries failed the true test of internal democracy in many parts of the country.

    And this is very unfortunate. If primaries which are internal affairs of the parties are that rancorous and lethal, one shudders at the likely turn of events at the general elections. Those who secured their candidacy by bending the rules will go at any length during general elections to win at all costs. Such negative dispositions will only heat up the political landscape and invariably produce outcomes that threaten the democratic foundation of the country.

    It is a sad commentary that political parties failed to allow free and fair electoral contest to hold sway at their primaries. The enormity of imposition and subversion of rules of the game, so much disappointed the wife of the president, Aisha Buhari that she publicly deprecated the processes employed during the primaries by the APC.

    Hear her: “it is very disheartening to note that some aspirants used their hard earned money to purchase nomination forms; got screened, cleared and campaigned vigorously, yet found their names omitted on election day. Many others contested and yet had their results delayed fully knowing that automatic tickets have been given to other people”.

    Mrs Buhari’s predicament mirrors vividly some of the imperfections of the primaries conducted by the parties. Imposition resulting in crises may have been more noticeable within the APC for very obvious reasons but it is not limited to that party. The PDP has been beating its chest celebrating its organizational prowess at its convention in Port Harcourt. Yes, the organization met the criteria for free and fair conduct. But that is not all there was to it.

    During the conduct of its primaries to elect ad hoc delegates, allegations of imposition and substitution of names with preferred persons at the national headquarters of the party were also freely traded.  That was in addition to the fact that delegates’ elections were not even held in many areas even as lists were generated by those very close to the party leadership. All these cast some slur on the final outcome of the convention for its abridgment of internal democracy.

    If democracy must survive in this country, the primacy of internal democracy in the conduct of party affairs must be upheld. And if these dysfunctional attitudinal dispositions are allowed to hold sway, they will inexorably lead to outcomes of catastrophic effect during general elections. That is the foreboding danger.

  • Campaign funds’ tracking

    When the Independent National Electoral Commission INEC, asked the Economic and Financial Crimes Commission EFCC, for assistance to monitor and track campaign funds spent by political parties and their candidates, it was an admission of inherent difficulties in carrying out this statutory duty.

    Chairman of INEC, Mahmood Yakubu told his anti-graft agency counterpart, Ibrahim Magu, when he visited the commission: “We want the EFCC which has the mandate and capacity to track and trace the sources of funds to work closely with us so that we can trace within the limits of the law”.

    He said cooperation would enable the commission enforce the provisions of the Electoral Act on electioneering campaign funding and ensure that election results are not determined by the amount of money a political party or candidate spends at the polls. Yakubu was apparently piqued by the practice whereby parties and their candidates go to the polling stations with sacks of money to induce voters even as he lamented that it compromised the rights of the people to vote freely for candidates of their choice.

    INEC is statutorily empowered to monitor all sources of funds of political parties. Specifically, sections 225 and 226 of the 1999 constitution assert the powers of INEC to monitor and assess parties’ sources of funding and management of same.

    They comprehensively deal with regulations to be enforced by the electoral body to make the political parties regularly financially accountable to it. Section 225(2) requires that all political parties shall “submit to the Independent National Electoral Commission a detailed annual statement and analysis of its sources of funds and other assets together with a similar statement of its expenditure in such form as the commission may require”.

    The 2010 Electoral Act went further to clear any ambiguity arising from monitoring of parties’ campaign funds by setting a ceiling of expenditure for political parties and their candidates for specific offices. The maximum for a presidential candidate is pegged at N1 billion, N200 million for governorship candidate and N40 million for the senate. The House of Representatives and state house of assembly are set at N20 million and N10 million respectively.

    Despite the wide powers of INEC to monitor and bring to book political parties and individuals that run fowl of extant regulations on campaign funding, the commission has been severely handicapped in this regard. Not only has it been unable to monitor and track electioneering campaign expenses of political parties and their candidates, it has not made much progress in monitoring and prosecuting the numerous electoral offences that have been a sad feature of our elections.

    It is the apparent difficulty in tracing and tracking electioneering campaign funds that compelled INEC to seek other ways to it.  Having admitted this handicap, it seeks cooperation of the anti-graft agency which has unlimited technology for monitoring and tracking the movement of funds. This would seem a new resolve and determination to overcome some of the limitations the electoral body encounters in compelling political parties and their candidates stick to extant regulations on campaign funding.

    The amount of funds political parties and their candidates spend during elections have remained vexatious. Even as the Electoral Act sets limits on campaign expenses, facts on the ground indicate that they are largely observed in their breach. The quantum of money that exchange hands during elections both on the side of the political parties and their candidates makes a mockery of the limits set by the Act.

    Not only has money assumed a prime role in swaying the direction of elections, it has prevented very credible and well qualified people without huge financial war chest from making themselves available for political leadership recruitment. This has impacted very negatively on the quality of leadership on these shores with deleterious consequences on the overall progress and development of the country.

    Elections have virtually turned into a market place where politicians and the electorate trade on votes with the highest bidder almost always having his way. And with a high level of illiteracy and poverty, the cankerworm has assumed a very pervasive dimension.

    It is good a thing INEC has sufficiently been agitated by the negative effects of the wrong deployment of money to sway the direction of elections. Money has come to play such pre-eminent role in our political process that the erroneous impression is being conveyed that democracy is for sale. Not only are politicians ever ready to compromise the electorate, the voters themselves have over time shown a very destructive appetite to trade their votes for a mess of porridge.

    This has had the net effect of not only compromising the sanctity of free, fair and credible elections but the rights of the people to elect their leaders without let or hindrance. Excessive deployment of money obfuscates the principles of representative democracy by infringing on the sovereignty of the electorate as freely expressed at the ballot box. It is nigh impossible for a virile culture of democracy which is a sine qua non for political development to grow and endure under such circumstance.

    Besides, the increasing role of money in determining the direction of electoral victory is inexorably linked to the high incidence of corruption in public places. Those who buy their ways to elective offices, see elections as investments from which they have to recoup with high profit margin. That is why such public offices have easily become the quickest means of wealth acquisition. Little wonder politics has turned into a very profitable business attracting all and sundry including impressionable youths that are deployed to risky and life threatening assignments.

    A new dimension to this is evident in the phenomenon of vote buying during elections. Though this is not entirely new, it seemed to have assumed very worrisome dimension during the last two governorship elections in Ekiti and Osun states. Politicians were seen openly with sacks of money buying votes. The ability to pay for votes played a prime role in swaying the direction of those elections.

    What unscrupulous politicians required before parting with their illicit money was evidence of having voted for their party. It was partly to check this practice that INEC barred voters from using mobile phones as soon as they were handed over ballot papers. The calculation of INEC was that it will prevent voters from capturing their ballot papers on their phones with the aim of convincing agents of the politicians as to which party they voted for. Without such evidence, INEC believes vote buying will be reduced. But it cannot be entirely eliminated by that measure as there exist other ways of inducing voters albeit, monetarily.

    The important thing is that INEC has shown some commitment to checking the influence of money during elections. It is good that it is partnering with the EFCC which has comparative advantage in monitoring and tracking sources of funds. The synergy of this partnership will be of immense aid to the electoral body in tracking funds deployed by politicians and their parties during elections. Even then, it lacks the capacity and resources to prosecute election offenders.

    The role of EFCC is vital given that political parties and candidates source for funds during elections through known and unknown means. Much of the funds for which former National Security Adviser to former President Jonathan, Sambo Dasuki is facing trial were security votes allegedly diverted for the prosecution of the 2015 elections. INEC lacks the capacity to unveil such monies and others that may accrue from diversion of funds and illegal contracts.

    In carrying out this assignment, the two agencies must be fair to all political parties and their candidates. They must rise beyond partisanship and any shred of partiality if something positive is to come out of this partnership. They must resist the temptation of viewing corruption as a malfeasance only associated with the opposition. Since governments in power are heaviest spenders during elections, we look forward to seeing the agencies expose illegal deployments or diversion of public funds from this quarter. That will be a real measure of the success of the new understanding.

     

  • Recurring flood disasters

    Declaration by the federal government of flooding in four states as national disasters has again elevated to the fore the perennial problem of flood control and management on these shores.

    The Director-General of the National Emergency Management Agency NEMA, Mustapha Maihaja while declaring Kogi, Niger, Delta and Anambra states as national disasters at the behest of the government, also placed eight other states on the agency’s watch list. The measures followed warnings by the Nigerian Hydrological Services Agency that rivers Benue and Niger had almost reached levels that resulted in flooding in 2012.

    In the 2012 incident according to NEMA sources, flooding affected about 30 states with more than 300 deaths resulting in the displacement of more than two million people. NEMA said it has also inaugurated five emergency operation centres to facilitate prompt search and rescue services as well as humanitarian support in states worst hit by the scourge.

    The agency has also advised seven flood prone communities in the Ohaji/Egbema Local Government Area of Imo State to quit their homes to avert impending calamity. Head of the Imo/Anambra operations office of NEMA, Evans Ugoh said the order became necessary because the Orashi River and Oguta Lake had risen above their normal levels and that farmlands in the seven communities had been submerged by the over-flowing river.

    Barely two months back, a heavy down pour in Katsina State killed about 50 people destroying 500 houses with thousands of others displaced. These represent a hint of the more complex dimension of the ravages of flood throughout the length and breadth of the country. Flooding has become so endemic that no responsible government can afford to fold its arms while the scourge continues to wrought sorrow and awe on the very vulnerable segments of the population.

    It is thus noteworthy that NEMA took the very proactive steps of declaring flood menace in the worst affected states as national disasters. By placing eight others on its watch list and creating five emergency services operation centres for search and rescue, the agency has demonstrated its commitment to mitigate losses in both human and material capital that are often associated with flood menace in this country.

    And to give further fillip to ameliorating the hardship arising from such disasters, the federal government also released N3billion for emergency responses and in aid of victims. That should be something to cheer especially if the funds really get into the hands of those affected by the rampaging flood.

    Unfortunately, we live in a clime where the privileged few prey on any and every opportunity to provide succour to the less unfortunate ones in our society. Chances are therefore very high that if adequate measures are not taken, much of the funds may end up diverted to uses other than that for which they were released. When this happens, the overall objective for government’s intervention would not only be compromised but sabotaged.

    Our experiences with the diversion of relief materials and sabotaging of contracts designed to mitigate the sufferings of Internally Displaced Persons in the northeast ravaged by the Boko Haram insurgency should draw the point most poignantly closer. It is therefore not sufficient to release funds for the alleviation of the plights of victims of flood disasters. Concrete and foolproof measures must be put in place to stave off the propensity of abuse by rogue officials that often pander to the lure of their pockets. That way, the objective of the funds will neither be abused nor compromised.

    More fundamentally, these measures are essentially ad hoc responses with limited scope in providing lasting therapies to the menace of flooding. Though the major causes of flooding vary, much of the deadly flooding we have witnessed in this clime, arise when the rivers overflow their banks as we have in instant cases. The current flooding challenges are consequent upon our major rivers rising well above their normal levels and spilling over to neighbouring communities and farmlands.

    That is the situation with the four worst hit states and the eight others that are on NEMA watch list. The same is no less correct of the seven communities that have been asked to quit their homes in Imo State. Given the above, it is obvious that doling out huge sums of money for emergency responses and in aid of victims is at best, ad hoc in nature and incapable of providing lasting and permanent solutions to the perennial national flooding challenges.

    The measures are curative rather than preventive and therefore of limited value in permanently addressing the recurring challenges of flooding together with the attendant losses both in human and material capital. We cannot just sit by and wait for these disasters to happen only to dole out humongous sums of money for emergency responses and in aid of victims.

    The way to go is to earmark and deploy such monies to the construction of flood preventing structures. In this regard, we must embrace such international practices as the construction of Dikes and levees. These are flood control structures to fight river flooding and water surges. They restrain rivers during floods by providing artificial water channels that prevent runoffs from bursting floodplains.

    Since the current flooding challenges stem largely from river overflow, it is only rational that a more enduring way of averting a repeat of extant challenges, is to prevent them from happening. Failure in this regard will live us with the recurring decimal of constantly overwhelmed by the rampaging scourge. This will post a profile of a government incapable of providing lasting solutions to nagging national challenges.

    Aside these measures that are in the main, designed to check the overflow of our rivers, other control devices as reforestation, construction of dams and reservoirs have also proved very helpful in fighting the scourge of flooding. It is needless to emphasize the indispensability of effective planning in this regard.

    There is also the imperative of educating the citizenry and inculcating in them the culture of maintaining their environment by constantly clearing drainages and gutters especially before the rains set in. For, one major source of flooding especially in urban centres is the indiscriminate dumping of refuse in gutters, drainage channels and canals. Such ruinous attitudes must be drastically curtailed if we must find a handle to the perennial flooding in some of our urban centres.

    Here, the good example shown recently by officers and soldiers of the 14 Field Engineer Regiment, Onitsha in defying a heavy downpour to clear a 10-year old blocked erosion drainage system at Park Lane GRA cues in very aptly. Lt. Col. Mohammed Momoh who led the operation with over 40 NYSC members, captured the scene very succinctly when he said “it was a disaster management exercise to curb flood in Onitsha and its environs”.

    That is the way to go and we commend the military for that visionary intervention to stem the tide of flood in and around Onitsha. We commend this to other military formations, security agencies and corporate bodies as it represents a rare display of corporate responsibility.

  • Doomsday predictions

    Emerging predictions on the dire outcome of events after the 2019 elections in Nigeria are bound to ruffle sensibilities within government circles. We do not expect any less especially given the gloomy picture they portray on the economic and political health of the country.

    Three international bodies: the Economist Intelligence Unit (EIU), the research unit of The Economist magazine and HSBC, a multinational banking and financial services company had in their various reports painted frightening scenarios of the implications of re-electing President Mohammed Buhari in the coming national elections.

    The Economist appraised Buhari’s regime against his three-pronged campaign promises: to end the jihadist insurgency, diversify the economy and reduce corruption with the conclusion that the government has not been able to meet public expectations on them. In very specific terms, the magazine observed that though Buhari made some gains against the jihadists in his first few months in office, it has since been bogged down as soldiers patrol the roads but the insurgents still rule the countryside.

    The report also assessed the performance profile of the war against corruption with a verdict that voters are angry that Buhari “appears to have made slow progress in curbing corruption”.

    While the magazine was very emphatic that the 2019 elections will be a close contest between the ruling APC and PDP and it expects the PDP presidential candidate to win, HSBC came out provisional as it said Nigeria’s current economic struggles look set to continue if Buhari wins a second term in office. It is also noteworthy that though the magazine predicted victory for the opposition, it expects the “next administration to flounder against the same problems as the incumbent one”.

    The Nigerian government is yet to react to these reports. But the ruling party, the APC was quick to dismiss them as the handiwork of doomsday prophets. While urging Nigerians to disregard the reports, APC’s acting National Publicity Secretary, Yekini Nabena described them as the usual doomsday prophesies about the Nigerian nation which had proved false, deceptive and unreliable several times.

    He recalled it was predicted that the Nigerian federation would fail in 2015 resulting in some ethnic nationalities going their separate ways but “here we are; nearly four years after the doomsday prophesy, the Nigerian federation rather than collapse, is waxing stronger with President Buhari’s administration striving to unite the country and consolidate positively on the strength of our diversity”.

    The quick response of the APC is to be expected especially given the implications of the prediction on the electoral fortunes of the party. And with the 2019 around the corner, the effects of such predictions in swaying popular support cannot be underestimated. But they remain speculations that will have to contend with some other factors.

    The salient point here is that though the Economist predicted a slight margin of victory for the opposition, it was quick to add that that regime will still flounder under the same problems that buffeted the current one. That is the real issue to worry about. Again, even as HSBC was provisional on the swing of the 2019 electoral victory, it envisages the current economic struggles to continue if Buhari emerges victorious.

    The obvious deduction from the two positions is that Nigeria will not fare better either way. That is something to worry. Before now, such views have been expressed by not a few Nigerians. In his controversial open letter to Buhari not to run for the coming elections, former President Olusegun Obasanjo had thumbed down the two leading parties as incapable of providing the type of leadership that will lead the country aright.

    He had canvassed the idea of generational shift culminating in the emergence of a third force. For him, extant order denoted in the leadership of the two leading political parties has become stale and incapable of serving the collective future interests of the country. The solution lies in the emergence of a new corps of leadership, a group of patriotic and selfless Nigerians with the requisite skills and abiding commitment to re-inventing the country.

    But the consummation of that idea is yet to take real shape. This however, does not in any way whittle down the thesis of Obasanjo’s presentation. Rather, it is reinforced by the Economist and HSBC in their views on the future health of Nigerian economy if the election goes either way. That to me is the issue to contend with rather than the indecent haste with which the APC sought to dismiss the predictions.

    Even if we quarrel with their position on the direction of electoral victory, it is difficult to fault their verdicts on the war against the Boko Haram insurgency and corruption in our public life. They said Buhari made some progress in the fight against the Jihadist insurgency in the first few months of his regime and that progress has been bogged down. That is correct.

    Not only was the government unable to meet the ambitious deadline it set to conclude the war, its assessment of the overall progress has been at utter variance with facts on the ground. We had been told that the insurgents have been decimated and degraded such they can no longer muster the capacity to engage the military or military formations. There is also the narrative that they no longer occupy our territory and can only attack soft targets. Yet, we are beginning to witness another phase in the resilience and dexterity of the insurgents as they regularly engage our military with casualties on both sides.

    The rising capacity of the insurgents to confront the military as the national elections draw nearer, has miserably thrown up a complex web of theories reminiscent of what we had prior to the 2015 general elections. While some people in the north believed then that the Jonathan regime was behind the insurgency, there were widely held views that Boko Haram was nothing but political grievances masquerading under religious garb.

    Sadly, the undue politicization of the war is what has left us with the current pass. No doubt, the state of that war will count seriously in the unfolding electioneering campaigns. The signs are already in the public space. The question is, will Buhari again factor it into his campaign promise given the claim that the war had already been won? What this poser underscores is the inappropriateness in dismissing with a wave of the hand some of the conclusions of these foreign bodies.

    We can neither fault their conclusion that Buhari’s popularity has dipped nor the fact that he has made slow progress in curbing corruption. When some time ago the president received Catholic Bishops in audience, they told him clearly that the popularity with which he easily sailed into office had waned considerably. Even then, the spate of defections from the party, says much about the personality of the president irrespective of strident efforts by his media aides to shield him from the implosion.

    It is also difficult to dismiss their conclusion that “without collective resolve, it would prove impossible to bring permanent peace to large parts of the country hit variously by an Islamist insurgency in the north, ethno-nationalism and piracy in the oil producing regions, secessionism in Biafra region and disputes over land access across the centre of the country”.  At the centre of it all, is the vexed issue of an equitable federal order. But the collective resolve to address these nagging national questions cannot emerge with the discordant voices and equivocation of the government on restructuring.

    It is not enough to dismiss these predictions. Neither does it suffice that earlier prediction that Nigeria will be a failed state by 2015 has failed to materialize. That Nigeria is more divided and factionalized along ethnic, religious and other primordial cleavages now than ever before, is in sync with the prediction. The solution lies in initiating credible and reassuring measures to address these nagging questions to obviate the dynamics and verdict of self-fulfilling prophesy.

  • Clark’s house search

    It is not in doubt that the police conducted a search at the Abuja residence of elder statesman, Chief Edwin Clark. What seems to be in dispute is the source of the authorization for the search.

    Reports had it that a contingent of the Nigerian Police stormed the Abuja residence of Clark armed with a warrant to search his house. The policemen, who met the 91-year old statesman at home, were said to be acting on information that he stored a cache of arms and ammunition within the premises.

    The alleged arms were meant for Niger Delta militants who had recently threatened to resume attacks on oil facilities and installations. After the gruesome search that lasted over two hours, nothing incriminating was found in and around the premises.

    Expectedly, there were concerns regarding who authorized the search and the real motive for it. But the Inspector General of Police, IGP Idris Abubakar denied knowledge of the search. Apparently to demonstrate this, he asked for the arrest and detention of the policemen who conducted the search as well as their informant.

    The police authorities went further to parade the informant before the media to disabuse the minds of the public that there were hidden motives behind the search. This was apparently in reaction to raging views that the aim was to silence a critical opposition figure to the government. Clark has been at the apex leadership of ethnic nationalities stridently agitating for an equitable federal order.

    Clark is also of the opinion that the search was directly connected with his views which the authorities may not have found palatable and vowed that neither the search nor intimidation will stop him from speaking up on burning national issues. He raised sentiments when he said the humiliating search was because of where he comes from querying if elder statesmen of his age from the north could be subjected to such under the circumstance.

    Apparently because of the bungle which the search turned out to be, the police high command raised a high powered team to apologize to Clark. The parade of the alleged informant, one Ismail Yakubu, an indigene of the federal capital territory was also to demonstrate that the claim of the police that it was acting on information was not a ruse. The action of the police became compelling given their reference in their first statement to the vitality of information to crime detection and prevention.

    Since they relied heavily on the false information provided by Yakubu, it was only proper to parade him to underscore the point that they had genuine grounds for the search. This purpose appears to have been served by the parade. We have no reason to disbelieve that the man paraded actually provided the fake information that led to the search. It is also not in doubt that all the narratives are from the police.

    We are therefore left to believe or not, the account of the entire saga as provided by the police. It is possible insinuations that the search was on account of opposing views held by the elder statesman could hold water. All these are still matters of individual conjecture and perception.

    Beyond this however, there are issues in the narrative of the police that should not escape the searing eyes of any careful observer. Idris claimed he had no prior information before the search. We have no reason to disbelieve him. The steps he has taken to reassure Clark of no ill-motive, the arrest of the police officers involved and the parade of the alleged informant fit into confidence building measures. They have gone further to sack three of the policemen while their leader is facing disciplinary action that may culminate in dismissal.

    In spite of these, there subsist nagging questions that tend to cast some slur on all we are being made to believe. We require some explanation on the processes leading to the police applying for and obtaining a warrant to search someone’s premises. At what level of authority does the power to authorize such application rest especially in a very serious issue that could compromise national security? The answer to this poser is vital given the claim that the police officers who conducted the controversial search were acting on their own.

    This also brings to the fore the level of scrutiny informants’ accounts are subjected to before far-reaching decisions are taken based on such information. The hollowness evident in instant case underscores the level of incompetence that surrounds the deployment of raw information made available to the police. One would have expected that such information would have been very critically processed and analyzed before action is take on them especially on serious security matters.

    Yakubu’s account of the source of his misinformation is not only childish but stupid.  He claimed during his parade that a taxi driver told him that a sealed Toyota Hilux was conveying arms and ammunition into Asokoro, Abuja residence of the Niger Delta leader, Chief Clark. This prompted him to alert the IGP’s Special Tactical Force which conducted the search. If that was the information he gave the police and we are now left with the turn of events, then we are in a deep mess.

    It betrays the level of incompetence with which some of those entrusted with the security of this country carry out their duties. Little wonder the gruesome experience of our citizens in the hands of some of our security personnel. One would have expected the officers to process the information before action. And if in that process there are issues not clear to them, they have their superior officers to share them with.

    In this case, they did not. Neither did they follow subsisting procedure for obtaining a search warrant as we have been made to know by their superiors. Too bad! Even from the account of the informant, it is very clear to even a novice that his so-called information was a mere hearsay, if at all he heard anything from a phoney taxi driver. The story lacked substance. He said a taxi driver told him. A diligent police should have asked for that driver to corroborate the story. Nothing of such happened and they swallowed the concoctions of the so-called informant hook, line and sinker.

    Both the informant and those who acted on his misleading story are culpable. It is good the police have queried the senior officer that led the ill-fated operation and arraigned Yakubu for false information. But the police leadership cannot be exculpated from this national embarrassment. If a serious national security issue could be so bungled in this amateurish manner, then a lot of work is left to be done within that institution. It is possible the turn of events is because of Clark’s personality. The situation may have been entirely different if the same fate were to have befallen some other innocuous persons.

    But the rising tendency with which vocal opponents of the governments are being accused of criminality associated with arms supply and stockpiling is beginning to strike as a serious cause for worry. If it is not Dino Malaye being accused of supplying arms to criminal suspects, it is the senate president, Bukola Saraki allegedly being implicated by armed robbery suspects. Now, we are confronted with the hoax of Clark stockpiling arms and ammunition for distribution to militants.

    These speak volumes and seem to reinforce claims by those at the centre of these allegations that persecution for their political views is at the centre of it all. These views are increasingly gaining currency and have been reinforced by the fiasco that was the raid at Clark’s house. The Nigerian Police should have grown beyond the latest bungle.

  • National interest and rule of law

    It is not for nothing that President Buhari’s attempt to subjugate the rule of law to national security interests has drawn the ire of many. There are two strands of the president’s postulation.

    The first is that,” the rule of law must be subject to the supremacy of the nation’s security and national interest”. In the other, he claimed it is now a matter of judicial recognition that “where national security and public interest are threatened or there is a likelihood of their being threatened; the individual rights of those allegedly responsible must take a second place in favor of the greater good of the society”.

    Though a similar view by the Attorney General of the Federation (AGF), Abubakar Malami had passed seemingly innocuously, the deluge of resentment to the president’s speech can be explained on three grounds. The first is his choice of venue for his message – the annual national conference of the Nigerian Bar Association (NBA). If there is any group that should be worried about the overall implications of that statement on the society and their profession, it is the lawyers.

    Indignation is also reinforced because the subject matter has direct bearing on the conduct of the president in his current office and could be a subterfuge for rationalizing some of the infractions on the rule of law for which his regime has been criticized. We may begin to witness crass abridgment of individual freedoms and personal liberty taking refuge under such nebulous concepts as nation’s security and national interest. When that happens, descent into dictatorship and arbitrariness would have become a fait accompli.

    It may be apposite to explicate the key concepts in the discussion to aid proper understanding. They are: rule of law, national interest and national security. The rule of law, popularized by A V Dicey is a principle of governance in which all persons, institutions, entities public and private including the state itself are subject and accountable to laws publicly promulgated, equally enforced and independently adjudicated.

    This further finds expression in the doctrine of separation of powers and its concomitant checks and balances. Baron Montesquieu and John Locke hinged this theory on the tendency of man to abuse powers. They argued for separation of powers and functions between the three arms of the government with each acting a check on the other. These thoughts find expression in the organization of modern governance framework.

    National interest is often referred to in French expression as raison d’état (reason of state). It denotes a country’s goals, aspirations and ambitions while national security refers to the ability of a country to protect itself from threats of violence and attacks- economic, political etc. Here, reason of state refers to the basis for the existence of the state. And the basis for the existence of states; their goals, aspirations and ambitions are usually codified in their constitutions.

    The constitution represents the supreme body of laws under which a state or government derives its powers and finds justification for existence. It does not permit of a government that operates outside the laws setting it up. Social contract account of the theory of state further amplifies this position. The convergence in the thoughts of Thomas Hobbes, John Locke and Rousseau is that men created government for the purpose of securing their pre-existing rights- that their rights come first and government is created to protect these rights.

    The key message of social contract theory is that of the supremacy of the people in statecraft, encouragement of the growth of democracy and deterrence to arbitrariness of power. How do these address the controversy raised by the president’s statement? And where do we locate sovereignty or who is the ultimate sovereign?

    These posers highlight the huge contradiction in the attempt by the president to subject the rule of law to the supremacy of national security interest. The primacy of the rule of law and the subjugation of all persons, institutions including the state to it is the lynchpin on which modern governance frameworks revolves. If conduct of the state is regulated by law, the same state cannot subject the supreme laws of the land to interpretations that suit its whims and caprices without destroying the very foundation for its legitimacy.

    In effect, the rule of law recognizes separation of powers, checks and balances and vests the interpretation of the law on the judiciary. It also accommodates national and security interests. If national and security interests were to override the rule of law, the power to interpret when they have been breached will ipso facto be that of the executive to determine.

    When that happens, we would be left with a scenario where the executive combines its powers with judicial functions. That would amount to abuse and arbitrary use of power and inconsistent with tenets of democratic engagement. The danger in this was aptly illustrated by Lord Acton when he warned “power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men…”

    Implicit in this is the incongruity in having the executive combine its spheres of power with judicial functions. There is the added risk of those in power displacing national or security interests with their self-serving interests. Faced with such situation, both the rule of law and national interest are compromised. It is true that some jurists consider national interest incompatible with the rule of law but as Antonino Trojaniello argued, “national interest and a state subject to the rule of law are not absolutely incompatible”.

    Admittedly in war situations and national emergencies, individual rights may be abridged. But those are exceptional situations dictated by the exigencies of the period. It is for the same reason that military regimes suspend national constitutions on taking over governance. Since such regimes do not lay claim to democracy, they quickly put aside the supreme laws of the land so as to have unfettered latitude for dictatorship. But not in a democracy!

    This brings us to the second strand of the president’s argument that where national security and public interest are threatened, the individual rights of those allegedly responsible must take a second place in favour of the greater good of the society. This sounds less contentious as it follows the normal course of events in democratic organizations. It accounts for why law enforcement agencies deprive some suspects their rights as guaranteed by law.

    The law allows that for a limited timeframe to enable the authorities bring such persons before the courts. The intent cannot be for indeterminate detention of suspects. Even in such instances, the final authority to determine when national and security interests should take precedence over and above individual rights and personal liberty is still the judiciary.

    The president’s position may have stemmed from mounting criticisms over the continued detention of former national security adviser, Sambo Dasuki and the leader of the Islamic Movement in Nigeria, Ibrahim El-Zakzaky who in spite of several court orders have remained in the custody of the executive apparently hiding under national security interest. But after years of incarceration, whatever infractions that impinged on national security for which their release is being defied should have been brought before courts of competent jurisdiction for adjudication and determination.

    This illustrates the dangers in allowing the kind of scenario Buhari is seeking to foist on the country.  As the national elections draw nearer, such disposition could become a ploy to hound opposition to further objectives of very partisan and self-serving hue. We shudder at its prospects.