Category: Saturday

  • A memo to Buhari

    I have since learned not to believe everything ascribed to President Muhammadu Buhari under the guise of words from the Presidency, because they turn out to be half-truths or lies. So, when the story popped up on the internet about a purported decision by President Buhari not willing to reward the victorious Golden Eaglets with cash and other goodies, I regarded it as a case of a footballer kicking the ball over the bar from the penalty spot.

    However, no word has come out from the Ministry of Youth and Sports debunking the story. Is the ministry ignoring it because it didn’t come from its officials? That could be dangerous, given the crowd that follows the beautiful game. Many stayed up till early morning to watch the Eaglets. Many of them celebrated as early as 3am or 4am when the Eaglets won. This celebration didn’t stop them from heading for work later. Such is the oneness among Nigerians whenever our teams win matches or trophies. I digress!

    President Buhari understands the dynamics of sports- I arrived at this hypothesis when he challenged the sports hierarchy to reinvent swimming, if they truly want Nigeria to excel in multi-sports competitions. I shouted Eureka while reading the story, knowing that with such a President, sports will reach its Promised Land – with time. If I thought that statement was a fluke from President Buhari (I didn’t anyway), then the President’s quick release of funds for the All Africa Games, underlined the essence of the change mantra in Nigeria.

    It is true that there is a global recession. But the spiral effect of rewarding our athletes is unquantifiable, when they move from being amateurs to professionals. A handsome reward in cash and kind will reinvigorate the desire of most skeptical parents to allow their kids earn a living as sportsmen and women.

    Indeed, athletes who win laurels for Nigeria are children of the hewers of woods and drawers of water. In fact, every time these kids sneak out to do sports, they return home to be flogged and at other times denied their meals to serve as a deterrent to other kids who would want to toe their path. Some of these parents beat their children because they want them to be educated. They always point at their relations and neighbours whose kids are educated and doing very well in the society. They want to produce as many graduates as they can afford to send to school, not sportsmen and women whose life span in the industry is between one year and 10, barring any injuries.

    For some other parents, its boundless joy if their kids sneak out for games. It means less people to cater for when the meals are ready. Of course, these lads are not bothered. Their target is to get recognition from clubs or national teams’ scouts, which they know will open a new vista in their lives.

    Once they gain national prominence, parents who hitherto whipped the boys at dusk after training begin to encourage them to reach the heights set by others. Since these kids come from poor backgrounds, they embrace the game with awful clothing and funny kits.

    It is always a laughable sight watching these kids in the hinterlands tying their legs with long stockings, for those who cannot afford to buy boots. Those who wear boots are the skilful ones whose parents scavenged to buy them. What stands out here is that the road to the national teams is tortuous, making it imperative for the willing parents to expect returns on their investments.

    This is the point that President Buhari must consider even though many would opt for a handshake, considering the fact that they are of school age. Most parents borrow money to equip these boys from the grassroots. Some sell their properties, engage the services of prayer warriors etc to ensure nothing happens to their sons and daughters before, during and after the competitions.

    But will you blame these parents who turncoat when their wards excel? Who no like better thing? I won’t, having seen how the likes of Nwankwo Kanu, Austin Okocha, Victor Ikpeba, John Mikel Obi et al changed the fortunes of their families once they gained international prominence.

    My President sir, it would interest you to note that these kids have left their homes since last year. Many have sacrificed their future by remaining in camp. It will, therefore, amount to double jeopardy if all that they get is a handshake, not monetary rewards. Some of the cash would help their parents pay back debts incurred in their favour when they had not made the team.

    Again, Mr President, you will recall sir, that 30 years ago, you gave instructions on what to do to the Golden Eaglets who lifted the maiden U-16 World Cup in China in 1985. Many of the recipients haven’t been given what was approved. Some of them have died. I wonder how they would get theirs.

    It is for this reason, among others, that monetary rewards should be given to the Eaglets. They would then be free to use it for whatever they like. Those who want to continue their education could be given scholarships if they have the requisite qualifications. Those who want to be full professionals would get the NFF’s support, provided they would be ready to play for the country when there is a clash in fixtures between Nigeria and their European clubs.

    Spending N100 million on the Eaglets won’t make Nigeria poorer than she is. Not giving the Eaglets cash rewards won’t stop the pilfering in high places. If each Eaglet gets N2million, for instance, you can be sure that their parents’ living standard will improve. Their siblings won’t have to trek long distances to the farm in the wee hours before heading for school, simply because they want to take the parents’ wares to the farm. N2million would settle a lot of family problems than scholarships or other goodies which won’t compel other families to emulate  them. N2million can build a bungalow in many villages in Nigeria, where these boys were discovered from. Imagine a family staying in a face-me-I-face-you apartment leaving the place for a bungalow, known to everyone in the village was sourced from the government’s largesse to one of their own. It is the elixir to push others to emulate this new kid in subsequent football competitions. It will raise more attention if the N2million is used to buy two sachet water engines to process water from boreholes sunk from this largesse. These boys are villagers. They are the artisans and the poor people’s kids. These kids’ parents’ need returns on their investments in cash, not scholarships or welfare packages. Let them decide their wards’ future.

    Previous winning squads who received cash have moved on, unlike the 1985 group who are still waiting for scholarships, insurance policies, dividends from the stocks they bought – 30 years after the directive was issued. Mr. President sir, how many of the 1985 class are graduates today? Going to school isn’t a pot of porridge. It is very expensive. But this is not to say cash is superior to scholarship, which will ensure that those of them who would like to go to school are not encumbered. No. Who says they can’t get both? In fact, the President, in my own view, should let these boys have both. They can then choose which way to go.

  • Visions and challenges on terrorism and looting

    At  the conference of the National Human Rights Commision to commemorate its 20th Anniversary,  Edo  State Governor Adams Oshiomole called  for the prosecution of the former Finance Minister Ngozi Okonjo  Iweala on her admission that she made available 322m dollars  from the recovered Abacha loot to the office of the former NSA Sabo  Dasuki  for the prosecution of the war against  Boko  Haram  in the North  East  of the country.  At  about the same time US  Republican Party front runner in the US  2016 presidential  elections Donald  Trump  called  for a  ban  on the migration of  Muslims to the US  and raised such  a furore that US  President Barak Obama at the  150th  Anniversary  of Slavery in the US cautioned against the rise  of bigotry  even as he called slavery the ‘original sin‘  on that occasion. I  will spice these two stories with the news of the sack of  Nnlalah  Nene, the Finance Minister of S Africa by President Jacob Zuma who  announced that the Minister who  has been largely described as reform minded and fiscally prudent was just being moved to a more strategic position in the cabinet after just  18 months.

    On  the surface,  all these  are quite controversial  issues. But an analysis will  reveal that they are new ways of looking at the problems of governance, leadership and corruption and are evolving in a  speedily   changing world that  is becoming  degraded and dehumanized  by the impunity of terrorism and Islamic Militancy led  by the brutality of Islamic  State and Boko  Haram. The  saying that desperate  diseases  need desperate  cure is bound to evolve from our analysis  of these issues  on discussion today as I ask you to join issues  with  my chain of thought on them.

    Let  us start again  with Adams  Oshiomole’s seemingly  endless grouse with Okonjo Iweala that  she should be prosecuted for approving money for purchase of arms that were not bought and in  which  funds were diverted  for other purposes. The  Finance Minister’s media aide  has been at pains to explain that the Edo  State Governor has an axe to grind with Okonjo  Iweal a because  she did not approve a World  Bank  loan  that Edo state was pursuing. But  the Finance Minister’s  reason for the loan was intriguing. She said that since there was an outcry that the Jonathan Administration was not funding the war effort in the North East enough she prepared a memo for a Committee  approved by the president and gave the money to the office of the NSA. Which  sounds like  an ordinary  housewife’s  defence of why she bought more meat than fish with the feeding allowance given by the husband. Except  that this was  the Finance  Minister  of  Nigeria at her second coming in that office after being recruited from the World Bank by the Obasanjo Administration at her first calling during which  she got paid in hard  currency against the labor laws of  the nation. The  same Finance Minister  was promoted by the World  Bank after her reforms in Nigeria based on the recipe of the Washington Concensus which  emphasizes high interest rates and budget  deficits when it was obvious that these were leading to economic stagnation, high  unemployment  and social upheaval from the ensuing growth of poverty  and  income   inequalities  instead of   real  economic  growth  and   development.

    Governor Oshiomole’s  insistence on the prosecution  of the former Finance Minister is not in any way misplaced. If  anything it is patriotic and salutary.  Has  the  National  Assembly no role to play in the disbursement of funds for war according to our constitution?  Why  should  an educated Finance Minister give the sort of excuse she gave that the government succumbed to public opinion and averted due  process in giving the nations funds behind the door and on the authority  of a kitchen cabinet instead of that of the National Assembly  as  demanded  by the separation  of powers inherent in our Presidential  Constitution? Governor Oshiomole  may  be an insistent  former  labor leader and no  friend of   the  World Bank  because of its  inhuman economic prescriptions  but he certainly knows what  he is saying when he calls for the prosecution of the former Finance Minister on account of conspiracy  in  giving out funds for fighting insurgency illegally  and  making the fraud  of diversion a grim possibility and a huge drain on the dwindling resources  of our nation.

    Equally  intriguing and   definitely  more  alarming was Donald  Trump’s call  for a ban on Muslims going to the US  because  of the rise of terrorism  on the US homeland the latest   being  the killing of 14  people by a radicalized US couple in California. How  Trump  came  about  such  a statement still  baffles me but he insists that what he has said is  popular and has not recanted which is unfortunate. But  then he  has touched a raw nerve and since  he is the leading Republican candidate in spite of all odds  so far,  his party has to look for a way to contain him. If in spite of this he wins  the Republican Party’s  nomination then that party can never be the same again and the nature of the 2016 presidential election will  be quite unpredictable though it  will be  quite exciting as usual. However l do  not subscribe to the view that Trump’s antics may give Hillary Clinton an easy presidential election next year. Clinton will have to react to these dangerous things that Trump  has been dishing out and the way she does will determine her presidential  fate and that of the Democratic, Party in 2016. Trump  has been  so bold as to postpone a trip  to Israel’s PM Benjamin Netanyahu  who  has a soft spot  for him as a Republican  candidate,  on the excuse that he will do that trip after he has been elected president of the  US. Already Israel’s President has retorted to Trump’s Islam ban by saying that Israel is not at war  with Islam but extremists who  are wickedly bent on killing innocent people for no justifiable or sane reasons. Really  I  wonder at Trump’s emergence and his staying power which confirms that there is some anger out there against  politics as usual in the US  and established political  parties and politicians had better be on the look  out   for as the saying goes no one can stop  an  idea  whose  time has come. Just  like  no one got  it when a seasoned Democratic Party Convention Speaker  emerged  from no where to thwart Hillary Clinton’s ambition in 2008  to become the  44th and  first black president of God’s own country. The rest is history and this rumbling Trump looks more like an approaching political volcano on the US political arena than an ill wind that will soon  and   readily  blow away.  Americans   therefore and   indeed  the world  at  large   should prepare  like  the Chinese would say,  to live  in interesting times  and so  too should terrorists and those who  kill and maim innocent people globally prepare  for a most unusual foe  and enemy.

    Lastly  the sack of S Africa’ Minister of  Finance, Nnlalah Nene is   a  story  that has parts  and bits of the last two issues on our former finance Minister and Governor  Oshiomole  and of course Donald Trump  and I will illustrate  vividly.  The  first  is tha the Finance Minister  was sacked for  among other things failing to approve the purchase of a presidential jet for the S African  president and  for  failing to approve salary increment  for workers. I  commend the Minister  for having the guts to chop off the presidential jet although he now knows that he who pays the piper dictates the tune. I disagree  with him on the refusal  to increase the workers salary  as Governor Oshiomole would do and vehemently too and my reason is that such  an act smirks of an IMF conditionality for which Finance Ministers like those  of France, Indonesia and Nigeria have  been rewarded with plum IMF jobs after leaving  office  for services  well  rendered  for  IMF even though such measures  bred inevitable social unrest and violence  in the nations  of such  ministers. Perhaps  President Zuma saw through the Minister’s gambit to play to an international audience at the expense of the S African economy although there is no denying that the chopping of the presidential jet was  enough ammunition for President Zuma known for opulent life style to have sacked him. Obviously  the sacked S African Finance  Minister  now knows better that in politics as in religion  you cannot serve God  and  Mammon.  Just  as Governor  Oshiomole  made very clear  in his very public and strident call for the prosecution  of our former Finance Minister.  Again  long live  the Federal  Republic  of Nigeria.

  • Elections, corruption and terrorism

    The  governorship elections of both Kogi and Bayelsa states have shown the different faces of Nigeria in the way we see and perceive democracy   as well  as our commitment to change and the fight against corruption which  the present admiration has shown it is firmly committed to. The  Kogi election has  shown  that in Nigeria we pay lip service  to the concept of joint candidature and that in real terms we  do not expect  the running mate to succeed  the governorship candidate in case  of any mishap including. In  Bayelsa the spirit of former governor Alamieyesagha looms larger than life even in death over   today’s  elections which APC   expects to win without slighting the image of the  former governor whose  main legacy was the opprobrium of corruption for which inexplicably his people still dote and worship him  even in death.

    With  regard  to the fight against  terrorism it is becoming clear by the day that the former Jonathan  Administration could  not have performed better than it did   on   fighting   Boko  Haram  if its NSA was busy diverting funds meant for  arms to campaigns meant to keep the administration and PDP  in power.  Although  the  opposition could attack   EFCC  or   government  of orchestrating a media trial the  fact  cannot  be easily  dismissed  that a clear case of abuse of power and criminal  diversion  of funds had  been exposed and  blown open  even if we must  respect the law and assume that those involved are innocent until  proven guilty on trial  and in open  court. That these   revelations  are  coming at a time  that China through its President at a China – Africa Summit in Johannesburg  in S Africa promised  a loan of 60 bn  dollars to Africa   is   quite  instructive and should   provide  a good   opportunity   on  the  need  for accountability   and  the use  of public funds   for  the  purposes for which they    are  meant.  Which  really  is the problem of African  leaders   in that  they  divert funds  meant for infrastructure  and development  for their  personal  and unproductive uses  thus fuelling corruption   and  stagnating economic development  on the continent. 35  African  Heads  of  states attended  the summit  and one can expect a scramble amongst them  to have huge  slices  of the Chinese  loans which  have zero interest rates and no strings attached like IMF  or World  Bank loans.  Unfortunately   good  examples  of such     diversions   abound in  the ongoing revelations of  diversion   of  funds    meant to buy arms to unproductive  purposes  while  security   matters   on terrorism  were  unattended to.

    These   were   funds    meant for arms to defeat  terrorism  and secure the lives  and properties of Nigerians especially in the North  East where Boko  Haram is having  a

    field day even as the December deadline that the President gave the defence  forces approaches  ominously.

    On  today’s  topic it is clear  that each  isolated  state election shows the face of Nigeria and the fate of democracy  in that part of the world. Again  it  has been  clearly  demonstrated that   the deceased APC candidate’s   running   mate   was  never meant to become governor as even the party   bypassed him   in choosing  another man for him  to be running  mate  to  for  a second  time.  Which  is like   giving  our election laws  a huge  kick  in the ass. That makes a mockery  of democracy  and the rule of law as well as the tenets of our constitution  even  as we await the verdict  of the rule of  the  Supreme  Court  on the matter.

    In  the case  of  Bayelsa it is clear that corruption  can  not  be an issue in that part of the world where the heroes are  larger than life  picture of a former governor  now dead and a former  president whose NSA  reportedly diverted funds meant  to buy arms to  campaigns and advertising promotions  while  soldiers  lacked  ammunition and equipment to fight Boko  Haram at the war  front and we could  not find our 200  missing Chibok  girls who  got  lost  then,  till  now. Obviously  a prima facie  case of treason  in high places is being established  against leaders of the last administration. Yet they  still  dictate the pace and direction  of elections in both Rivers and Bayelsa especially and no one is saying anything yet about the serious security implications of the charges of corruption and diversion  of funds meant to fight terrorism laid  very  much like a huge dung hill  of  opprobrium  at their door steps.  Really  the fight against  terrorism  and corruption  must have  a clear  message of deterrence, and  a policy to  defeat delay tactics in court as well as moves  to make an ass of the law,  which  are  manifest in  the  Kogi election  debacle on running mate as  well as the indifference of Bayelsa  people  to the opprobrium of corruption in their  election at any level of governance.

    Democracy  thrives  on the rule  of law, transparency, accountability and respect  for constituted authority. It  has  no place  for abuse of office and power which the arms diversion  episode has revealed and  no  well  meaning people  can hope  to improve their welfare or their  lot if they  do not frown on those who  feast them from  looted funds.

    Surely  the two elections in Kogi  and Bayelsa have thrown up serious concerns on our practice  of democracy which must  be fine tuned in the overall interest  of the larger Nigerian society  and community.

    We  need  to take our rules on elections more seriously, just as we also  need  to fine tune  our approach  to fighting terrorism. This really  is urgent if we  are  to make  Boko  Haram  a thing of the past in the shortest  possible time. It  was disheartening to read in the media that  Boko  Haram attacked  the hometown of the Army  Chief bearing his name and killed people before separating married women and girls  and making off  with  the damsels. This was painful and the army leadership  in the vicinity must  take full  responsibility for an avoidable lapse. They  should  have protected their boss’ village with greater care to avoid embarrassment to the army and themselves and  to avoid giving  unnecessary psychological  boost  to terrorists  in such  circumstances. Matters  were  not helped by the report that villagers said they warned the army of the presence of Boko  Haram  in the vicinity but the soldiers  reportedly  came to another village and shot into the air and went away till Boko  Haram came to kill  and carry off  innocent  maidens from  the village. The army  must wipe out Boko  Haram but  it must  protect its leaders too and not expose them to unnecessary   dangers and embarrassment such as that  which happened at the army chief’s  village this week.  Once  again  long live the Federal  Republic  of  Nigeria.

  • Haba, Samson Siasia!

    Samson Siasia is a brilliant attacking coach whose team scores goals with aplomb. Siasia’s positive approach is commendable. After all, the essence of the game is to score goals. But there are two sides to the game. Siasia’s defensive tactics has made his teams lose crucial games. Need I start listing them here?

    Siasia must, however, know that it is all about attacking and defending. If he doesn’t have the tactical savvy for defending, then he ought to have picked a defensive coach as one of his assistants. Sometimes I wonder if our coaches do watch their opponents’ tapes before games. It was very apparent that the Egyptians strived to exploit the Dream Team’s defensive frailties and they succeeded. But what did our coaches do to the Egyptians beyond the two penalty kicks?

    We have seen two matches played by the U-23 side and the team’s defensive frailties haunt us. Incidentally, we have taken comfortable leads into the half time, raising posers about what Siasia says to the boys during the 15 minutes rest periods and what his game plans for matches are?

    From what we have seen, Siasia has no defensive tactics. He relies on providence to rescue his team past opponents with game plans. I pray that the Dream Team qualifies for the 2016 Olympic Games. If that happens, Siasia has no business fielding any of the defenders in this team at the Olympics.

    I will suggest that Siasia invites Golden Eaglets’ defenders Lazarus and Anumudu to replace the two wing backs he has. They may be young boys but are better than the ones in Senegal. I’m sure if Lionel Messi and Neymar were Nigerians, they would still be playing for age-grade teams because our coaches like to err on the side of caution than taking risks. Messi and Neymar are small men but see what they do with the ball during matches.

    What happened to those Eaglets who clinched the FIFA U-17 World Cup with Garba Manu in 2013? Have they become bad players in less than two years? How does Siasia expect Taiwo Awoniyi to perform in the attack when his midfielders don’t know how to pass correctly? Alampasu, Enaholo and Udoh are better than the goalkeeper that Siasia has in Senegal?

    Our defence may be suspect, but goalkeeper Daniel has been awful. A better goalkeeper would have known what to do. Daniel stands in between the goal post like a bandit waiting to be tied to the stakes. He doesn’t talk to his defenders to tell them the strikers to mark. Sadly, as tall as Daniel is, he misses aerial balls played towards his goal area faster than water going through a basket. Siasia’s flank defenders are not the best in the country. If he couldn’t find better ones, he ought to have fallen back on those who played for the Eaglets in 2013 and 2015. No stories, Siasia. These kids must be made to grow through the ranks, please.

    Siasia should learn how to graduate our exceptional age-grade players into his team. This idea of sticking to the boys who he discovers makes a mockery of the developmental platforms that all age grade competitions have been.

    Lionel Messi and Neymar are not giants; neither is Chelsea’s Brazilian star Oscar. But they have since graduated from their age-grade teams to the senior national team. In 2009, Lagos fans clapped for Neymar as he was introduced as a second half substitute for the Brazilians. Neymar’s sublime skills told the story of a big star in waiting. Trust Lagos fans, they mobbed him after the game. Today, Neymar has grown tremendously in his game. Please don’t ask me about those who played with him in the Nigerian team. They have been sidelined – no thanks to the refusal of our local coaches to field them in subsequent age grade teams.

    Age-grade teams are nurseries for the older order. Siasia should quickly get the talented ones into his team, when we eventually qualify for the 2016 Olympic Games.

              The future

    I’m sad, ironically when things seem to be looking up for our soccer. Rather than toast the efforts of our sports men and women, I’m writing here about how world champions have been left in the lurch – not even a thank you handshake from President Muhammadu Buhari. I want to blame this lapse on the administrative bottlenecks in government. So where is the change mantra in sports?

    And rather than speak up for the government, stating why such an event didn’t hold, what we are being fed with is why the face of sports at the Federal Executive Council (FEC) wears khaki kits and red berets.

    Sport, especially football has been Nigeria’s biggest public relations tool. Besides, it can, like in other climes, create jobs, mobilise the people and engage the youth effectively. If the Buhari government takes sports seriously and shows sufficient interest in the industry, we would be able to reduce crime. The President needs to drive around any city when Nigeria has a key game or sporting assignments. He would be shocked at the empty streets. Let the President return to those streets after the game, especially if Nigeria wins and behold the oneness among Nigerians. It only happens in sports.

    Unpopular governments in Nigeria, especially during the jackboot era, used sports to seek acceptance. In other polities, sport is big business. It is a money spinner and an empowerment tool for the youth who need to be taken off societal vices. Sports create the platforms for the people to recreate. Being engaged in sporting events improves the health and living standards of citizens. And so people rebuilding sports are most times tested technocrats and renowned athletes who have graduated from the fields to the board rooms.

    Such choices when made get global applause from other countries because with such a person, a truly new dawn beckons for the industry.

    Therefore, one would have thought that an event such as receiving world champions would have been a top priority, more so as the international media were already on the alert to see how the Buhari administration would reward them. We have lost that frenzy. We have a chance, however, to raise the stake again, if we plan a ceremony where all our worthy ambassadors are celebrated. Honourable minister sir, this challenge is yours.

    Before the Golden Eaglets confirmed their superiority at the FIFA U-17 World Cup held in Chile, the story was that President Buhari has opted to host the sports heroes and heroines collectively, instead of the piece-meal option based on how they brought laurels to the country. Most cynics hissed at the collective reward option, insisting that the iron is best beaten into any shape when it is red hot. It appears that those in this school of thought are right- that no reception for the Golden Eaglets is simply unbelievable.

    Traditionally, whenever Nigeria wins such a trophy, the town where the contingent lands, is shut down temporarily to celebrate the conquerors. Those who missed out in the frenzy return home early to watch the show-stopper on television at night. Indeed, the media were always awash with their rewards since they would be driven straight to the seat of government for a presidential handshake and other perks. These perks help strengthen the need for others in the grassroots to aspire to such heights.

    All that fanfare appears to have been lost with the tardy arrangement to receive our world champions. Granted that the Eaglets arrived in the country on the day that the President swore in his ministers, efforts ought to have been made to receive them and others on the designated date – November 29. It is inexplicable that the Eaglets couldn’t meet with the President simply because he was out of the country. Who fixed the November 29 date? How come nobody looked at the President’s itinerary before announcing that date?

    The beauty of receiving these champions has been lost because many of them would have sneaked out of the country in search of the green pasture. What manner of photograph will the President be taking when key members of the Golden Eaglets, for instance, cannot be located when the presidential reception eventually holds?

    We have seen how sports ambassadors have been received by previous administrations. The emphasis hasn’t been the cash reward, but the life fulfillment of a life dream of chatting with the President. The families of these athletes cherish the fact that their wards are treated as kings and queens. It also opens a new vista in their lives. Neighbours, relations and other well wishers of these sportsmen and women encourage their children to embrace sports.

    Again, I truly don’t understand the nomenclature Federal Ministry of Youth and Sports. Does it mean that the Ministry of Sports has been merged with the Ministry of Youth? If yes, it would be terrible because other countries run the Sports Commission system.

    The sports commission system ensures that only professionals are picked to run the various facets of the commission. The merger presupposes that the National Sports Commission (NSC) Bill still in the National Assembly is dead. If yes, what becomes of the position of Director General of NSC and the new dispensation where we have a Permanent Secretary of Youth and Sports? Is there not going to be an overlap of functions? Who do we hold responsible for failures in sports? How do we expect a flawless administration in sports when the supervising minister is contending with two diametrically opposite roles? Is this not the reason our athletes, coaches and players participate in tournaments with empty stomachs?

  • Kogi: No to annulment

    Kogi: No to annulment

    To his teeming and ardent supporters, the late Prince AbubakarAudu, the governorship candidate of the All Progressives Congress (APC) in last Saturday’s governorship election in Kogi State was great in life. His no less enthusiastic traducers would insist that the controversial politician remained unacceptably haughty and imperious till the very end. Today, however, both his admirers and sworn adversaries speak approvingly of Audu. Despite the painful circumstances of his transition on the cusp of a long desired and much deserved electoral glory, death may have been kind toAudu after all. The grim reaper has drastically changed the narrative of the Igala prince’s epochal political adventures this side of eternity. He is turning out to be surpassingly greater in death, at least in popular perception, than he was in life.

    Audu will now be remembered by posterity for his landmark achievements as a performing governor of Kogi State who set a standard in infrastructure development that no other occupant of the state’s apex political office had been able to equal. His name will evoke memories of a dogged and tireless fighter for his political objective who, in the process, contributed his quota to the country’s political development.  He does not now need the second chance in office he so earnestly yearned for to either validate his credentials as a visionary and effective leader or to exhibit his promised new humility and modesty in office. By the unexpected and unanticipated manner of his exit, Audu’sis also set to help significantly to deepen the constitutional basis of Nigeria’s electoral process as indicated by the legal fireworks provoked by his demise.

    Yes, brilliant but unscrupulous and mischievous lawyers may cynically manipulate the interpretation of the law to serve partisan ends. This is inevitable given the high premium placed on political office as a means of primitive accumulation in Nigeria. The important thing is that, no matter how untidy, distracting and time consuming they may appear, incessant and interminable legal squabbles only indicate how critical the law is to Nigeria’s evolution on the path of sustainable democracy. It is thus only natural that the struggle over the interpretation of the electoral laws will not only be as fierce as but intricately interwoven with partisan tussles for power.

    Ever since Audu’s demise, there have been divergent opinions on the way forward towards legally consummating Kogi’s rudely interrupted electoral process. The most learned Senior Advocates have expressed impressive but diametrically opposed views on the matter. Was the Independent National Electoral Commission (INEC) right in declaring the election inconclusive on the basis of cancelled votes in 91 units across 18 local government areas of the state and thus scheduling supplementary elections in the affected areas for next Saturday?

    I must confess that as a layman, my initial impression was that INEC’s action was in consonance with the stipulations of the Electoral Act. Yes, the APC scored 240,867 votes to the PDP’s 199, 514. The difference between the two parties is over 40,000 votes. Although the total number of cancelled votes in the 91 units is 49,000, those with Permanent Voters Cards (PVCs) and those eligible to vote are reportedly less than 30,000. On the face of it, a supplementary election appears pointless since the APC has an irreversible lead even if all outstanding eligible votes are cast for the PDP. However, if the Electoral Act refers to total registered voters and not voters with Permanent Voters Cards as some have argued, INEC’s decision is, in my view, legally impregnable.

    However, Chief Wole Olanipekun (SAN), counsel to the APC’s running mate in the election, Mr James Faleke, has come up with legal arguments that compel a radical reconsideration of INEC’s decision in the matter. In his letter to INEC on behalf of his client, Olanipekun stated: “We may draw Mr Chairman’s attention to the clear and mandatory provision of Section 68(1)(c) of the Electoral Act to the effect that any result declared by the Returning Officer shall be final and binding, and can only be reviewed or upturned by an election tribunal. In effect, the results already announced by INEC are binding, not only on all the parties, but also on INEC itself”

    Chief Olanipekun continues: “With further respect to INEC, cancellation of election results by it cannot be grounds for declaring any election as inconclusive. INEC is enjoined to declare a winner of an election based on lawful votes cast. Thus, the cancelled results by INEC, for whatever reasons, and assuming without conceding that INEC could legitimately cancel such results, amount to unlawful votes. In effect, INEC cannot declare a well conducted election as inconclusive based on unlawful votes”.

    This reasoning is in my view clinical, precise and surgical. The elections have been held, votes counted and results announced by the Returning Officer. The APC scored not just the highest number of votes cast in the election, the party also satisfied the spread of scoring no less than 25% of votes cast in each of at least two-thirds of Local Government Areas in the state. It has met the constitutionally stipulated criteria for victory. INEC’s declaration of the election as inconclusive on the basis of unlawful and thus cancelled votes amounts to an annulment of the lawful votes cast.

    The APC leadership is reportedly preparing for fresh primaries to pick a substitute for the late Audu to fly the party’s flag in the planned supplementary election. Now, there appears to be a fundamental contradiction here. The very idea of supplementary elections rather than fresh overall elections assumes the validity of all other results declared in last Saturday’s Kogi polls. But fresh primaries by the APC imply the expiry of the validity of the ticket, which the party presented to contest the election.

    Theoretically, therefore, the APC is free to present a candidate that participated neither in the previous primaries nor even in the general election for the supplementary polls. This implies that the party is free to present Faleke as its governorship candidate in place of the late Audu, retain him as running mate to a new candidate or even exclude him altogether from the new ticket. In reality the party, in my view, enjoys no such liberty. It may be heading for a legal quagmire of immense proportions.

    Some have cited legal precedents which indicate that, going by Nigeria’s electoral laws, it is parties and not individuals that contest elections. The constitution makes no allowance for independent candidates. As a result, the votes cast in last Saturday’s Kogi elections, according to this school of thought, accrue to the APC and not necessarily the candidates it presented to the electorate. This view is, I believe, ultimately unsustainable.

    The candidates presented by the APC were eligible to contest the general election because they emerged through intra-party electoral processes stipulated by the constitution. There is a clear and unbreakable link between the primaries that produced the AbubakarAudu/ James Faleke ticket and the legality, credibility and integrity of the APC’s participation in the election. By conducting fresh primaries, the APC will be delinking itself as a party from the primaries that made possible and legal its participation in the Kogi governorship polls and thus creating the basis for a valid legal challenge of the polls in its entirety.

    On its part, the PDP submits that its candidate, Governor Idris Wada, should be declared automatic winner of the election following Audu’s death. According to the party “What if AbubakarAudu had finished voting and then announced his voluntary withdrawal from the election…If AbubakarAudu had withdrawn on Saturday, the election would have continued and Wada would have been declared winner”. The PDP states further that “With the unfortunate death of Prince AbubakarAudu, the APC has no valid candidate in the election leaving INEC with no other lawful option than to declare the PDP candidate, Idris Wada, as winner of the election”.

    By this submission, the PDP admits that the votes cast in last Saturday’s polls were valid and cannot be annulled. It is on the basis of those votes that it is asking that Wada be declared winner in the absence of the late Audu. There is therefore no basis for calling for fresh elections. But the PDP discounts the critical fact that the APC did not present just a candidate for the election but a joint ticket made up of Audu and Faleke. All the votes accruing to the APC were cast jointly for Audu and Faleke. In the same way, all the votes scored by the PDP were cast jointly for Wada and his running mate. The vacuum that the PDP believes Audu’s death creates thus exists only in its imagination.

    The APC is contemplating fresh primaries and the PDP advocating that Wada be declared winner of the election because both parties ignore the critical Faleke factor. Faleke remains the only legal link between the APC and the party’s victory in the Kogi polls. If both Audu and Faleke were no longer available for any reason after last Saturday’s polls, there would have been no choice but to hold fresh elections in Kogi.For as long as Faleke is alive and willing to exercise the mandate so clearly and freely given the Audu/Faleke APC ticket by the electorate, there can be no annulling the Kogi polls.

  • Needless comparison

    The growth of the beautiful game in Nigeria ranks high in my scale of preference every time I set out to write this column. I always jettison sentiments and primordial beliefs in stating my points. I strive to make global comparisons, such that those who will want to cross-check can see the reason behind the new thinking. If we must beat the best, we must do those things which they achieve seamlessly. And it starts by weeding out naughty players and the ageing ones.

    The objective is to get talented young men who would give the national team the quality and depth-in-strength it requires to excel on the big stage. It is important to note that the lifespan of any athlete is between two years and ten, depending on if he or she doesn’t sustain injuries that may jeopardise his or her career.

    What makes sports very interesting is that its successes and failures can be measured. But this isn’t the reason for this column because it is needless comparing Sunday Oliseh’s era with that of his predecessor, Stephen Okechukwu Keshi. No two coaches handle or do things the same way. Oliseh started with the products of the last regime. The difference is that Oliseh has been more assertive in instilling discipline, even if many argue that he doesn’t have the moral right to do so, given his pedigree as a player. Someone must bell the cat, which is what Oliseh is doing. No apologies.

    Readers of this column would have observed that I have stopped writing about Oliseh’s predecessor, Keshi because he played his part well, such that he brought back the Africa Cup of Nations after 19 years. Oliseh’s predecessor got Nigeria qualified for another World Cup in Brazil. He also had his shortcomings, as does every human.

    I must commend Keshi for keeping mute since he left the job. I know that Keshi is in Benin City and has distanced himself from the game, largely because Oliseh is Keshi’s boy. Since Oliseh got the Eagles job, there have been attempts at comparing his reign with that of Keshi, and rightly so. But this comparison has been taken to such ridiculous level that some cynics think that the team must play well to win its matches.

    Granted this is the norm but not from a team whose chief coach is barely five months on the job. We must accept that Eagles lost their bearing when we failed to qualify for the 2015 Africa Cup of Nations even when we were in a weak group comprising Sudan, Congo Brazzaville and South Africa. Many Nigerians longed for a complete overhaul of the Eagles after we failed to qualify for the 2015 Africa Cup of Nations. It is sickening to note that people are expecting immediate results from the old stick of players who couldn’t beat Congo Brazzaville in Calabar. This same set of people flunked another chance for us to qualify for the 2015 Africa Cup of Nations through the back door by failing to rev up their game to beat South Africa in Uyo.

    From the ashes of Nigeria’s failure to qualify for the 2015 Africa Cup of Nations, it would not be reasonable to expect quick returns. We need to identify the team’s weak links, fix them with the right players and make solid plans to stop the frequent changes of personnel in the team’s technical crew.

    In planning for the future, we need to factor into our permutations the need for younger players who can learn the ropes quickly and still be useful for our 2018 World Cup campaign. The Eagles have failed to lift their game in global competitions because the average age of our squads in real terms has been 36 years; forget about the ages that you find in our players’ international passports.

    Therefore, we have close to 31 months to assemble a young side that will gel at the 2018 World Cup and compete with the best. And the only way to go is to earnestly search for young men in the domestic league and our fledgling age-grade stars. The essence of making these groups our target is that they are hungrier for glory, unlike those who have seen it all for club and country.

    Swaziland’s Coach Harris Bulungu put his finger at the Eagles’ problem when he commented on the slow pace of our midfield of experienced players who played in the first leg of a 2018 World Cup Qualifier a few weeks ago. The introduction of local players to man the midfield in the second leg gave the Eagles victory, according to Coach Bulunga.

    My support for Oliseh is because he isn’t hiding the fact that we need to drop heady and unwilling players for those who know what it means to wear our country’s colours. I’ve hinged my support for Oliseh largely on the fact that at league venues, you watch players who went through his training sessions in the Eagles’ camp playing better. It simply means that Oliseh impacted knowledge in their games. He also emboldened them to strive to give their best always, if they must retain their shirts in the Eagles. In the past, local players didn’t care if they were called to the Eagles’ camp. They knew they were being called to camp as training materials. Will you blame them? No, not after the coaches would have invited 29 foreign-based players to the same camp, when we know that only 14 players (11 first team stars and three substitutes) can prosecute any game. One gets easily excited seeing Nigerians name domestic league players like European FAs do with their clubs.

    Watching the FA Cup finals in Lagos last Sunday and indeed one of the last games of the Globacom Premier League between Sunshine of Akure and Enyimba FC of Aba at the Teslim Balogun Stadium, I was surprised to see Europeans in the stands during the two matches. If they were not scouts, then they were foreigners living in the country, who found time to relax by watching live domestic league matches, or both. It felt good.

    Clemens Westerhof is loved by most Nigerians. His views on our football are seen as the gospel truth, given what he achieved with the Eagles. Westerhof produced the golden era of our football. And it is worth celebrating.

    Much as Westerhof has a right to his views, he must watch what he says in order not to heat up the polity like he did with his comment that Oliseh won’t take our football anywhere. Granted that Westerhof is fond of the former Eagles coach, Keshi, he must understand that Oliseh has developed himself to such an extent that he was one of the leading lights in FIFA’s technical study group.

    As a player, Oliseh gave Westerhof his best during matches. The least that Westerhof can do to reciprocate Oliseh’s commitment during the Dutchman’s tenure is to keep quiet, if he isn’t favorably disposed to offering the former Juventus FC of Italy star tips on what to do. I’m glad that Oliseh hasn’t responded to Westerhof’s comments. He needs not because Westerhof isn’t God to decide his fate on the job.

    Westerhof should be proud that one of his boys, is once again, in the saddle as Coach of the Super Eagles. But if he’s not, perhaps he needs reminding that his home country, The Netherlands, has been knocked out of the race for Euro 2016. He can offer The Orange his wealth of football advice.

    So much has been said about the inclusion of Obafemi Martins in the Eagles. I hope Oliseh gives him enough games for people to see why we should be proactive in our quest to have a competitive Super Eagles team at the 2018 World Cup in Russia.

    Martins’ return reminds me of Yakubu Aiyegbeni’s. Need I waste space to tell Yak’s fortunes in the Eagles, thereafter? Our target should be the 2018 World Cup and the benchmark should be our age-grade teams, young lads who are hungry for glory and perhaps, others who make the mark because they are doing well in their foreign clubs- certainly not Martins, with due respect to his incredible form in the United States.

    In 2018, Martins will be 37 years. Can we rely on a 37-year-old man at the World Cup? I would rather we prepare Kelechi Iheanacho, Victor Osimhen, Gbolahan Salami or any other younger player for the top striker role. Or do we think that Martins will be another Roger Mila of Cameroon for Nigeria at the Russia 2018 World Cup? Perish that thought. Mila was an incredible goal poacher at his prime. Need I compare Mila with Martins? No stories.

  • The politics of succession, betrayal and corruption

    The  death of the APC candidate in the last Kogi  State governorship elections that INEC declared inconclusive  has opened a Pandora  box on the politics of succession in Nigeria which has taxed immensely the spirit  and letter  of our constitution and is already  making a mockery  of our rule of law. It  is definitely as controversial and debatable  in terms  of global  politics as  the accusation that Russian President Vladmir  Putin levied  this  week  on Turkey for shooting down  a Russian bomber which Turkey said violated its air space and for which the Turkish president said he was not ready  for any apology. However  this diplomatic  argument  on  air space  use  in the fight  against  terrorism by both nations claiming to fight terrorism and ISIS surely  glows in honesty and clarity when  compared with the   reported  claim by the Senate President that he was representing the President at the funeral in Ikenne of Mama HID the wife of Immortal Awo this  last week. Just as the President himself was said to  have breezed in by helicopter  at  the event  to  show that he is representing himself to  pay honour to the better half  of the  Immortal  Leader  and  idol of the Yorubas.

    The  three events I have mentioned and the personalities involved provide  good  food  for thought  first  on constitutionalism and the rule of law;  next  on the  use of diplomacy  and security coalitions and arrangements in fighting terrorism in a world that the terrorists have  made borderless and are using suicide bombing and surprise as the main weapons of war against governments still relying on regular defence institutions and organisations to curtail such new faces of terrorism; and  thirdly they show that   the  war on  corruption in Nigeria in which an APC government has won the election on an anti  corruption  and change slogan cannot be won until the APC puts  its house, indeed its upper chambers of leadership in order first  and foremost  in the interest  of the Nigerian nation.

    Let  me now treat the three events serially  to tailor  my conclusions on their composite nature as the subject of discussion today. I start    with the death of the APC candidate in the last Kogi  State elections,  the clamor for constitutional  interpretation and  the  scramble  for succession.  My  view is that the whole exercise  has been made extravagant by the excessive  predilection of our local  TV stations to call on any lawyer and more  so a SAN  to  comment on any matter concerning the constitution because  such people are lawyers and the result has been  revealing in that it has been dismal and uninformed. Students of political science and their lecturers have a better grasp of such  matters even more than the SANs  for the simple reason that they study the nature, growth and spirit of national constitutions and know why certain concepts exist in the constitution. Whereas lawyers mostly  look at the constitution when they have such briefs or their clients have an interest. That explains why there have been as many  different opinions on the succession issue in Kogi as the number of lawyers or SANs  interviewed. That  is surely is not right.

    The truth is that the concept of running mate provides for the sort of situation that  cropped up on the death of the APC candidate last week. There  is no provision for single candidature in our constitution for governorship election and Kogi  cannot be an exception.  Thankfully his running mate has  finally  found his voice   above  the din and cacophony of confusion  and has announced that he is the one to run to conclude the hitherto inconclusive elections in which  the APC  candidate died. Before that there  was  the bizarre suggestion that the son of the deceased candidate should take over as if it was an hereditary issue and that certainly makes a mockery  of the rule of law. Indeed  not recognizing the running mate immediately as the constitutional and natural successor shows  our disregard for  constitutionalism  and the rule  of law and explains why running mates have  been wrongly labeled spare tyres. The Kogi  election should show clearly that when governor has  a  running mate that running mate should succeed  him in case of any mishap  including death. That is constitutionalism and nothing else and that is what we should  promote and champion as a nation especially at  this  point in time in the spirit  of our revered constitution and  democracy.

    Given  the scuffle between the presidents of Russia and Turkey  over the shooting down of the Russian plane one  could say this was bound to happen sooner than  later given the proximity of Turkey  to Syria and the hostility between both sides. Like  a revolution as Mao noted, fighting terrorism  cannot  be a tea party and  when nations with borders deploy the most sophisticated  war planes against each other in borderless fights  against  terrorists who are moving targets, people  are bound to get killed as and indeed accidents must  and do  happen . What  I cannot  understand is the stab in the back  charge by the Russian president against the Turkish president who was unrepentant on CNN on the shoot down.  I  doubt  if Russia  can do more than whine and threaten, of course in vain, because of the simple fact  that Turkey,  as a member of NATO is automatically covered by the clause in  the NATO  defence pact which says that any attack on any  member  is an automatic attack  on NATO. Is  Russia ready to square up  to NATO  on this Turkish  shoot down  issue?. I doubt  and for now both  sides should let sleeping dogs lie while they look for ways of  eliminating ISIS urgently  as  they  profess   instead of shooting themselves in the air.

    Let  me now round up  with the icing on the cake in today’s  analysis which  is the reported representation of the president at the famous funeral in Ikenne this week. On the face of it if the president was not available at an occasion he could be represented by the Senate President who represents an  independent  arm of government in our presidential  system based on separation of powers. But  that is if the Vice President is not present at  the occasion as he is the natural representative of the president in his absence. But  then the Vice  President of Nigeria  the  illustrious son of  Ikenne,  Professor  Yemi  Osinbajo  was present at Ikenne   his  home town, both in his personal capacity as his wife is a granddaughter of the deceased, and official capacity as the Vice  President of Nigeria.  So  who was the Senate President reported to be saying he was representing?

    Yet  the Senate  President has an on going battery of cases on his false declaration  of assets trial at the CCT which  has reached the Supreme Court. In  defending himself he has said loud and clear in the submissions of his lawyers  at  different courts  that his trial was political and was because he is Senate President, a  post  that it  is an open secret that both the president and his party did not like the way he bamboozled them, to get into. In addition anti corruption agencies and the Police IG are reported to have warned him not to politicise  his trial at the CCT. That declaration of representation by  the  Senate  President reminded me of a US Secretary  of State who  just  said that he was in charge after former President  Ronald  Reagan was shot  and wounded some time. When that former Secretary of State wanted to be president later the Americans never took him seriously because they believed he did not know  the constitution enough  as the US Vice President is in charge in case anything untowards happens to the incumbent US president.  Again long live the Federal  Republic  of Nigeria.

  • Emeritus Professor Bayo Adekanye’s day of joy

    All roads will lead to Ibadan next Saturday, December 5, when Emeritus Professor BayoAdekanye and his wife, the no less illustrious Professor (Mrs) TomilayoAdekanye, give out their beloved daughter, Ayomide, in marriage to her heart-throb, Olayemi at the All Saints’ Church, Jericho, Ibadan, at 10 am. Thereafter, guests will head for The Jogor Centre, Off Liberty Stadium Bye-Pass, Ring Road, Ibadan for the grand reception. Professor BayoAdekanye is one of Africa’s pre-eminent political scientists with unparalleled contributions in the areas of civil military relations, strategic studies, insurgency and counter insurgency operations as well as comparative political theory. Scores of Prof’s former students at the Faculty of Social Sciences, University of Ibadan, will surely be on hand to identify with and share a beloved teacher’s day of joy. This column wishes the couple a fulfilled married life.

  • Saraki’s toxic case

    Saraki’s toxic case

    Since his emergence as Senate President, it is difficult not to admire the dexterity with which Dr Bukola Saraki has been deftly but maximally utilising the enormous influence and resources of his office to consolidate his position in the Senate and strengthen his hand within the APC. At the same time he enjoys tremendous goodwill within the PDP to which he has made key political concessions, including the strategic position of Deputy Senate President.

    Ever since his travails with the Code of Conduct Tribunal (CCT) over alleged false assets declaration began, the vast majority of Senators have passed two motions in Saraki’s support. As far as they are concerned, Saraki is the innocent victim of political harassment and persecution by those opposed to his continuing in office as Senate President. When he appeared before the CCT on October 21, Saraki was accompanied by 80 senators who turned up to exhibit solidarity with their embattled leader. And when he turned up to keep a date with the court on Thursday, November 5, at least 30 senators were on hand to identify with Saraki.

    Yet, the dignity, integrity and image of the Senate have been steadily devalued and eroded since Dr Saraki’s emergence as Senate President. It is bad enough that the head of Nigeria’s National Assembly has to appear frequently in the dock to defend himself against alleged serious criminal infractions. It is even worse that neither Saraki nor his colleagues see the need for him to step aside until his innocence is established at least to protect the image and integrity of the National Assembly as an institution. Of course, this is without prejudice to the fact that Senator Saraki like every other Nigerian is deemed innocent of any alleged crime until found guilty by a competent court of law.

    On Thursday, 5th November, Saraki’s defence counsel abruptly withdrew from the case in protest against the CCT’s ruling that the trial must commence that day. The defence counsel had applied for a stay of proceedings in the case until the determination by the Supreme Court of an appeal by the Senate President against the 2-1 split decision of the Court of Appeal, which upheld the jurisdiction and competence of the CCT to entertain the case. The Saraki case is evidently also having a toxic effect on the dignity and integrity of the judiciary. The action of Saraki’s defence counsel, including very senior lawyers, whether described as a ‘walk out’ or not constituted an affront on the CCT judges and reflected unflatteringly on the image of the court.

    Even more disturbingly, the decision of the Supreme Court on Thursday, November 12, granting a stay of proceedings in Saraki’s trial before the CCT has elicited very strong reactions with serious implications for the credibility of the judiciary. Describing the apex court’s ruling as flagrantly contravening sections 306 and 369 of the Administration of Criminal Justice Act (ACJA), which expressly prohibit granting of stay in criminal proceedings, very senior and credible lawyers including Chief Adegboyega Awomolo (SAN), Professor Itse Sagay (SAN) and Mr Femi Falana (SAN) have strongly and uncharacteristically condemned the decision of the Supreme Court panel.

    According to Professor Sagay, “What the Supreme Court has done is illegal and it is shocking that the Supreme Court would indulge in illegalities”. Mr Femi Falana was no less scathing when he stressed that “It is unfathomable that the Supreme Court decided to return the country to the status quo ante in a rather brazen and bizzare manner”. Other lawyers such as Mr Mike Ozekhome (SAN) and Prince Ajibola Oluyede have stoutly defended the decision of the Supreme Court. In Ozekhome’s view, the ACJA contradicts Section 6 (6) and 36 of the 1999 constitution, violates the principle of Separation of Powers and is thus unconstitutional and illegal. He avers further that Section 306 of the ACJA does not apply to the Supreme Court or any other appellate court but only to the trial court.

    Prince Oluyede in his case curiously commended the Supreme Court “for daring to do the unthinkable by scuttling the politically motivated stampede to remove Bukola Saraki from his position as Senate President through a wholly unconstitutional trial at the Code of Conduct Tribunal”. Really? So the Supreme Court has decided that Saraki’s trial before the CCT is ‘politically motivated’ and ‘wholly unconstitutional’? It cannot get more interesting. Oluyede certainly knows something the rest of us do not.

    Yet, Neither Oluyede or Ozekhome, in my view, logically or credibly controverts Falana’s lucid and rigorous critique of the Supreme Court decision. I do not think that Ozekhome can simply sit leisurely in his chambers and cavalierly declare as illegal and unconstitutional a legislation that has been duly enacted by the National Assembly and signed into law by the President of the Federal Republic of Nigeria and one which has not been challenged and consequently nullified by any court of competent jurisdiction.

    Falana’s argument is water tight. According to him, “…it has been judicially decided that statutes that oust the jurisdiction of courts to stay proceedings are constitutionally valid. In FRN v Nwude (2006) 2 EFCCLR 149 at 161 it was held by Justice Oyewole J. (as he then was) that section 40 of the Economic and Financial Crimes Act, 2004 which abolished stay of proceedings is not an infraction of powers of the court…Similarly in Ajiboye v FRN (2013) 17 WRN 127 at 145 the Court of Appeal (per Justice Ogbuniya JCA) struck out the application for stay of proceedings on the ground that it was incompetent “in the face of the sacrosanct prescription of section 40 of the Act which clearly ousted the jurisdiction of the court over it”.

    It is on this basis that Falana submits emphatically that “It is trite in law that jurisdiction oxygenates all proceedings in our courts. Accordingly, the exercise of judicial powers by any court without jurisdiction is a nullity, regardless of the industry invested in it. With the enactment of the ACJA, the suspension of criminal cases by all accused persons has been effectively stopped in Nigeria. Therefore, any judge who orders a stay of proceedings in any criminal trial does so illegally and is liable to be sanctioned by the National Judicial Council”.

    With the Supreme Court’s decision, Saraki’s defence team has succeeded splendidly at least for now in its too obvious strategy of stalling the case as much as possible, which has been its principal objective since the entire saga commenced. Now the CCT’s decision to commence Saraki’s trial on November 19 has been rendered impracticable. It is surprising that Dr Saraki is more concerned about preventing the case from proceeding than seizing the opportunity to demonstrate his innocence and thereby forever silencing his political opponents and giving a phenomenal, possibly unstoppable, boost to his political career.

    Earlier, in continuation of his increasingly desperate politics of survival, Senator Saraki had personally submitted the list of 36 confirmed ministerial nominees to President Buhari at the Presidential Villa. Ordinarily, this menial task should have been performed by the President’s Senior Special Assistant on National Assembly matters for the Senate, Senator Ita Enang. By opting to personally take the list of cleared ministers to President Buhari at Aso Rock, Saraki only reinforced the perception that he ensured that all the ministerial nominees were cleared to pacify the presidency and facilitate a political resolution of his CCT trial dilemma.

    Ironically, many of his colleagues support Saraki because they see him as symbolising the independence of the National Assembly as a separate arm of government autonomous both of the executive and the political parties. Yet, it is clear that as long as the CCT case remains an albatross around his neck, Saraki and by implication the Senate as an institution will be a pliant and servile tool at the beck and call of the executive.

    The only way Saraki can offer bold, courageous and effective leadership to the Senate and help strengthen the independence of the National legislature is for him to convincingly and clearly prove his innocence of the charges against him before the CCT. A political solution that offers relief to the Senate President will not only irreparably damage President Buhari’s anti-corruption onslaught, it will render Saraki and the Senate he leads continuously vulnerable to external threats and blackmail if he does not kowtow  to the wishes of his benefactors.

     

  • Strategy, the law and global terrorism

    Nothing  illustrates the importance of the topic of today more than the reaction of  US President Barak Obama  to the accusation  that his Middle East policy is not working and the request of French  President  Francois Hollande  for more powers from France’s  National Assembly after the latest bombings in Paris  that left over 120  people  dead. If  you  add to that the local  contents of our purview  today  which are firstly, the  use  of  the term – tarry awhile – by  our  Supreme  Court to listen to the appeal  of  the Senate  President  on the jurisdiction and  composition of the   court  trying  him for false  declaration  of  assets, and   secondly  the revelation  by  the former NSA that  he was  not  even given a query  before being  declared  to  have awarded  fake  contacts  running into billions of dollars,  then you  have an idea of the pot  pourri  we  are  about  to enjoy   and  digest  today.

    Before  going on however  let  me register my  admiration  for the crisis management  skills of the French  President  Francois  Hollande on  the latest  bombings in Paris . His  leadership  skills  as a time tested Socialist not unfamiliar  with violence and discord were obvious  and apparent. He  knew  what  to  do  and what  to ask  his National  Assembly  for. In  terms of history  he reminded  me of Napoleon Bonaparte the French soldier and  Emperor  who is best remembered  for  the laws  he made which  formed  the basis of the rule of law in Europe till  today.The  French  President kept  his cool  and maintained  that even though France  is  at  war it  would  maintain the rule  of law  and not act arbitrarily  in dealing with those who  are falsely using religion  to fake a war of  civilization on a global  stage as they did last week in France.

    In  contemporary  times French  law  presumed  a  suspect guilty  until  proven otherwise  and French  magistrates could prosecute  and  decide a case  swiftly. Under former President Nikolas  Sarkozy  this view  came under attack  and scrutiny. There  is  no  doubt it would  be adopted  now especially  as President Hollande  has asked for a state  of  emergency   for  three months  which the French Senate has adopted  this week and the  lower house  would consider  later. In  addition  President Hollande  has said  France  would  not turn its back on refugees  fleeing the war in Syria from  where  the master mind of the Paris bomb blast sneaked in to Belgium to plan the attack that killed innocent  people in theatres , bars   and even the   National stadium  where  the French  National  team was playing Germany. Compare this with the heartless retort  of  Syrian  President  Bashar  Assad who said after the Paris blast  that France  was paying  for its  policy on Syria.  Which was quite inhuman and callous indeed but is not unexpected from a leader who  remains  in office by force and not the will and support of his people  who  are fleeing in their  thousands  to  Europe.

    Just  after the Paris  bombings and  French  President Hollande  had declared  that  France  was  at  war US President  Obama was interviewed at the G  20  meeting he  was  attending in Turkey  and this was shown on CNN this week. The  US President stuttered on the view and insinuation that his strategy on Syria led to the emergence and rapid rise of global  terrorism as with ISIS culminating in the fatal  Paris  bomb blast. Of  course  he was  hard put to defend  his strategy  of not putting US  soldiers on the ground to dislodge ISIS early enough in Syria and later in Syria  until  the Russians later  came in decisively on the side  of the Syrian dictator Bashar Assad.

    To  add  to the US presidents horror on the accusation of a failed  strategy were two events which are  bound to affect his legacy as the  first black US  president and the chances  of any  Democratic  Party presidential  candidate succeeding him in the 2016 presidential elections in the US. The  first was  the decision  of 31 US  Governors  not to accept his plan to allocate refugees from the Middle East     to the US on  security  grounds especially after the latest  tragedy in Paris. The US  president  has gone on to threaten to veto any bill  from the legislature opposing  his refugee plan but what would he do with the 31 governors?

    In  addition  the leading presidential aspirant for the Republican Party  for now billionaire Donald  Trump  has  bluntly  asserted  that the incumbent  US president is a security  risk. Even the CNN reporter handling the interview  looked very worried as  I am  sure would be millions of US citizens at home and abroad. Yet  the  US cannot  shirk its responsibility at  home to its citizens  on terrorism and security  and to  the civilized world where it peddles democracy, human rights and  the market economy. But  how  does  a president accused  so  brazenly  as  a security risk secure the confidence  of his nation as well as his credibility   and patriotism  in the face  of  such brutal  and undiplomatic attack  and language? Well,  the ball  is in the court of Barak  Obama  and I expect  him  as  a lawyer  to weigh  his words carefully  before  reacting to Donald  Trump’s  verbal  bombshell  which  might be more lethal  politically  than any  bomb that ISIS   and  Boko Haram have  used in recent times  to kill innocent people worldwide.

    Which  brings  us to the two  Nigerian  issues mentioned  before on  the   twin  fight against  terrorism and corruption in Nigeria as  well as the workings  of the strategies in place  to prosecute the  wars. Are  the strategies  working or workable?  There  must  be positive  answers  to these two questions other wise the wars are  doomed  to fail, to  which  we  say God forbid. But  see what we have on the ground. The ‘tarry  awhile’ admonition to the court whose jurisdiction and  composition was being challenged was in spite of a 2015 law made to speed up  criminal trials of such nature  so as not to make  a mockery of the rule of law and an ass of the law in the fight against  corruption such as the case in question. Where speed is of essence to ensure  justice the highest  court   in the  land is cautioning  to  make haste slowly. Yet  the judiciary is independent and the Supreme  Court is infallible or is  it not?  Yet  this  fight against  corruption which  has  not even started must be fought and won for Nigerians  by all means by this Administration which  won on the slogan  of Change.

    In  addition the NSA’s  rebuttal  of the charges  against him on false  purchases and non receipt of military ware was brilliant and  clear  and puts his accusers  on the defensive. How do you accuse someone of theft and culpable  criminality  when he said in defence that he was not queried or asked for documents on purchases which were deemed false or for undelivered  items?  Surely  something is amiss. Even  an  errant school boy should be   allowed the right of reply on any suspicious misdemeanor  not  to  talk of our  former   master spy and 007 on the   war  against both  terrorism on his watch and against  corruption after him. There  should  be more  diligence  and  transparency on the   case   or  luggage  of  cases   against the former NSA  who has great  intelligence on our collective security in the fight  against both corruption and terrorism.  His  importance  can  be likened in this regard  to the wonder of the  the students  on the vast  knowledge they ascribed  to their headmaster in the  classic poem Deserted Village   by  Oliver  Goldsmith. The   verse said- ‘ And  still  they gazed , and still the wonder grew, that  one  small  head  could  carry  all he knew’. Again, long live the Federal Republic of Nigeria.