Category: Idowu Akinlotan

  • Sanusi’s deposition and martyrdom

    Sanusi’s deposition and martyrdom

    Idowu Akinlotan

    NEITHER the Kano State government nor the deposed Emir Muhammadu Sanusi II acted wisely in the messy traditional and political affairs that culminated in last week’s dethronement saga in the state. The matter could have been better handled. But both parties chose to approach it lackadaisically. The dethronement, it must be admitted, was a long time coming; but suddenly on Monday, almost like a bolt from the blue, the Kano State government announced the deposition of the 14th Fulani emir of Kano. In less than one week, however, the sting had been taken out of the deposition bite. Unwilling to let due process run its course, the state sealed the emir’s fate while investigations were yet to run their course, hurried him out of the palace, and banished him to Nasarawa State. The state of course falsely denied the banishment part of the affair, passing that unseemly buck to security agencies who were themselves flustered by the whole saga. But few doubted that the affair was unavoidable.

    No governor and no emir had been so unready for the consequences of a loudly proclaimed and acclaimed deposition. The deposed emir hugged monarchical martyrdom with a characteristic frenzy that puzzled his admirers and supporters, and mystified the governor, Abdullahi Ganduje. Barely a few years after mounting the famous stool of the Kano traditional throne, Emir Sanusi had boxed himself into becoming a radical whose ideology showed neither clarity nor consistency. All that was evident is that he regularly cocked a snook at the governor, baited him to do his worse, and despite repeated moves to broker peace with the governor, felt he owed more to his brazen and provocative ideas than to his traditional oath and subordination to modern political authority. He was a modern intellectual lounging on a very ancient and traditional stool. Balancing the demands of the two became for him an ordeal.

    Emir Sanusi’s nearly six years on the throne taxed his character and mental fortitude to the limit. He is supremely confident in his intellectual ability, and constantly backs it with deft oratorical deployments. It is not often that a man possesses these virtues in abundance. Nor is it all the time that a man, possessing such gifts, adds to them an almost uncanny ability to circulate with unmatched aplomb among the country’s leading business, political and intellectual elite. And as if nature is partial to him, it then further endows him with a fervour and bellicosity that help him to market his ideas and, when necessary, put gloss on his habitual inconsistencies and contradictions. He was fallible, as his more than five years on the Kano throne showed, but his bravura performance, his boldness, and his defiance lead his opponents to either abandon their positions or question their own standing and logic.

    It is fair to say Dr Ganduje was more intimidated by Emir Sanusi’s defiance than by his own inadequacies and foibles as a governor. But only the deposed emir can answer why, with such exaggerated sense of accomplishment, he nonetheless preferred to push his luck so far to the point of finally embracing martyrdom. In the last three years of his reign, he pushed that luck to its elastic limit. He was never the most scrupulous of professionals, particularly in the finance sector where he made his name, and he felt continually restricted by the rules and guidelines of the sector that nurtured him to public acclaim. But just as a feeling of ennui began to sweep over him, he resorted, as was his custom, to brinkmanship that mixed elements of hubris with insolence and a lack of reflection.

    Many analysts have suggested that the deposed emir could have managed the throne differently and far better than he did, and to a different and perhaps pleasant outcome. No one debarred him from ventilating his ideas and flaunting his oratorical gifts, but even he ought to know that the country’s traditional stools lack the executive powers they used to have centuries ago. He could challenge the retrogressive and feudal systems that have hobbled and ossified the North, but who says he should wave his radical manifesto so irreverently and sometimes so flippantly under the nose of the ruling elite. He was expected to be mindful of the idiosyncrasies of the throne and the expansive countervailing powers of the government, and to sensibly navigate the rapids and waterfalls which he must encounter from year to year. But he clearly lacked both the patience and the wisdom to ensure his own survival and the well-being of the monarchy. His ideas and his style may be modern, but nothing says they were also expedient. He is an intellectual, but he obviously listens only to his own counsels, failing to study the leadership styles statesmen before him so solidly projected.

    The problem then with Emir Sanusi, quite like his grandfather who was also deposed as emir, was his lack of moderation, inability to understand and manage the governor, and failure to coax Kano’s complex system to his worldview. His deposition was not inevitable. He made and prided himself a martyr and hastened his own fall. He probably sees the deposition as liberating, allowing him the leeway and platform a popular rebel like him needs to propagate his ideas and showcase his oratory. He can almost swear beneath his breath that he would make his traducers in Kano and elsewhere pay for their hypocrisy, since he would no longer be constrained from letting them have a piece of his fiery mind. But if he were to suddenly acquire the wisdom he failed to project on the Kano traditional throne, he would ensure that nothing he says or does should reflect the malice and lack of moderation common to plebeians.

    Emir Sanusi simply wished himself into martyrdom because he was not as endowed with wisdom as he is endowed with a great intellect. His nemesis, Dr Ganduje, who is the public face of a conniving and now suspected state government, is even less wise. Emir Sanusi had a very large ego; but deposed, he has nothing left to fear or lose. The governor on the other hand lives in a glass house. By deposing the emir, and running a government of doubtful ethical soundness, he has thrown more than a thousand stones. He will not be spared. Wisdom should have dictated to him to keep the emir close to him pissing out than kick him out and risk his prolonged pissing in. Dr Ganduje will soon find out that investigating and publishing details of Emir Sanusi’s alleged financial infractions will pale into insignificance beside his own alleged contractual shenanigans.

    The Hausa-Fulani North against which Emir Sanusi directed much of his diatribe is regarded by many as ultra-conservative, meaning that he was a regional misfit in their midst. It is also suggested that by the time of his deposition, the emir had so lost favour with the region’s traditional and political elite that it was near impossible to save him despite the best efforts of the former military head of state, Abdulsalami Abubakar. There is little doubt that his admonitions and criticisms nettled the elite, and a significant number of northern leaders couldn’t care less if the emir stayed on the throne or was deposed. But Kano is a little different, for the Hausa-Fulani North is not an unbroken vista of conservatism or reaction. Kano has been a long-standing bastion of radical politics, sometimes violently opposed to the region’s dominant ideology. The state was, therefore, an unlikely candidate to smother the seemingly radical philosophy of Emir Sanusi. But even Kano had grown weary of the fiery monarch, and had begun to long for some normality, regardless of the support major political players like former governor Rabiu Kwankwaso gave him. The state may be largely radical, but it is almost evenly split between the country’s two dominant political parties, a partisanship undifferentiated by style, morality or ideology.

    Radicalism or conservatism played little or no role in Emir Sanusi’s deposition. Dr Ganduje cannot be ideologically categorised, especially given the ethical morass in which he has allegedly immersed himself. Indeed, the resignation with which Kano indigenes acquiesced to the deposition should illustrate to the deposed emir the quandary in which he threw Kano by his immoderate actions and statements, not to say the infinite contradictions that dog his monarchy and person. Kano, like any other city which has experienced deposition, will survive and retain its cultural, religious and political flavour. The deposition will have little consequence. Emir Sanusi instinctively knows this and has sensed the futility of challenging the action of the state government. He will thus move on sure-footedly to the next phase of his life, and he will more likely flourish than fade away, for he is immensely gifted. The same cannot be said of Dr Ganduje. He has done little to lay a solid foundation for his political future; and while the Hausa-Fulani dichotomy that sometimes constitutes an undertow to northern politics may still be noticeable or even produce some ripples now and again, his fate will be determined by forces and factors totally unrelated to that subtle cultural contrast.

    There are conspiracy theories about the future of Emir Sanusi, particularly relating to a possible interest in the presidency, say in 2023. It will not happen. The tragic silhouette through which the Buhari presidency is viewed today has gingered abundant caution in Nigerians regarding how they assess their aspiring leaders. Neither the immoderate Emir Sanusi, despite his vaunted intellect and robustness, nor Nasir el-Rufai of Kaduna, despite his boisterousness and intelligence, possesses the vision, temper and democratic credentials needed to found and drive a modern nation. The deposed emir will furiously mine the goldfield availed him by a blundering Dr Ganduje, and he will get a lot of recognition in Nigeria and some parts of the world. But he is unlikely to be able to shake off the vices that made his deposition urgent and possible. There is more to being a traditional ruler, just as there is more to being the leader of a nation. As both Emir Sanusi and President Buhari have shown in Kano traditional affairs and All Progressives Congress (APC) affairs respectively, it takes so much to be a leader that neither feigned radicalism nor disguised lethargy can satisfy the prerequisites.

  • Abdulsalami, Kwankwaso on Buhari and Sanusi deposition

    Abdulsalami, Kwankwaso on Buhari and Sanusi deposition

    Idowu Akinlotan

     

    NOTABLE critics of the Buhari presidency as well as aides of the president provided a side attraction to the Emir Sanusi deposition controversy as they hurled accusations and counteraccusations at one another last week. Former Kano State governor Rabiu Kwankwaso was scathing. He said on BBC that he was sure the order to dethrone Emir Sanusi came from a meddlesome presidency. “Considering remarks made by those closer to Mr President,” he began confidently, “they say he does not interfere in misunderstandings, that he keeps mute whenever there are such conflicts. But we, especially in Kano, we look at this attitude of Mr President differently. Where he was supposed to intervene, he never did. So, where he was not supposed to intervene, you found him intervening. You see, here in Kano State, government officials said they were ordered from above to depose the Emir. He (Buhari) is the one that gave them the order.”

    But presidential spokesman, Garba Shehu, was adamant that there was no such intervention. According to him: “All such insinuations are untrue, malicious and politically motivated…The President does not have a history of intervening in the affairs of any state in the country, unless the issue at hand is of national consequence. On such matters which impinge on national security, he has a duty of involvement as the law stipulates.” The public will be uncertain whose account to trust regarding what transpired before the deposition, particularly the role of the presidency. But they will recognise how unrealistic it is to carry out such a major deposition without at least hinting the presidency. If the president didn’t order it, did he not at least know about it? And in light of former military head of state Abdulsalami Abubakar’s exasperation while referencing the deposition, it is even harder to believe that the presidency neither got a hint nor gave an approval.

    Mallam Kwankwaso spoke to the BBC, but Gen Abubakar spoke on Voice of America. Hear the general’s cryptic comment on the deposition, particularly the efforts of his peace committee to find an amicable resolution to the misunderstanding between Governor Ganduje and the deposed emir. “We met with the emir and the governor separately, then we met them together. We tried to mediate. All I can say is that there was a misunderstanding and satan got involved. The governor had the yam and the knife in this matter because the emir is under him. I can’t say whether or not President Buhari intervened because I was not in Nigeria. But before I left, we went to him with our report and we discussed. I cannot say whether he intervened or not, but if he intervened, it would be surprising we would be where we are now.”

    Of the two responses between Mallam Kwankwaso and Gen Abubakar, and between the certainty of the former and the incredulity of the latter, there is little doubt that the former head of state’s statement is the more revealing. Despite Mallam Shehu’s denial, it is more likely than not that the presidency knew a thing or two about the deposition. It is not clear whether they ordered it, especially given Emir Sanusi’s acerbic interventions in the presidency’s management of economic matters and social programmes, but it is likely they knew about the deposition. If a report of the disagreement between the governor and the emir was discussed with the president, it is unlikely that Dr Ganduje, a fanatical loyalist of the president, would not get an approval as it were. All signs suggest that he did, and that the president was disinclined to intervene further to halt the deposition. It could also be inferred that the Kano governor read the mind of the president and proceeded to the fateful deposition.

    What is even more surprising is the highly nuanced and baffling rapidity with which the Emir Sanusi banishment controversy was disposed off between Monday and Friday. First, it is clear that Kano signed off on the banishment, contrary to its claims. Second, the case went to court only on Thursday. By Friday, it had been resolved in the court, and that same day, with the Kaduna governor in tow, the judgement had been transmitted to Awe in Nasarawa State and other agencies involved in the banishment, and pronto Emir Sanusi was out of the state and into freedom. The country rejoices with him. But given the customary tardiness of the security agencies and the courts, it is shocking how the processes were speeded up. Was it because the government was wearied and discouraged by the general unpopularity of the deposition and banishment, particularly the banishment? Or was it because the emir carried a lot of weight?

  • Obasanjo at 83, the pantomimist at his best

    Obasanjo at 83, the pantomimist at his best

    By Idowu Akinlotan

    Five days before he marked his 83rd birthday, ex-president Olusegun Obasanjo delivered a scathing assessment of the health of Nigeria, particularly its political condition.

    Speaking at the first memorial lecture held in honour of Frederick Fasehun, founder of the Oodua People’s Congress (OPC), Chief Obasanjo asked the ruling elite to heed the agitation for restructuring if the country was not to disintegrate.

    Many Nigerians have been astounded both by the occasion on which the former president made his remarks, an event hosted by an organisation which he did his best to exterminate during his presidency, and by the subject of restructuring, which he also previously scorned.

    Beyond indulging his capacity to criticise, it should, however, worry him that his legacies, just like after 1979, have been virtually destroyed.

    But analysts must wade through the kitchen midden of his ideas to find and apply his more enduring suggestions.

    On his thoughts about a new Nigerian constitution, particularly the subject of restructuring, this column will discount the militating factors of his person, ideas, style and leadership failings.

    The column will look at his main suggestion, for it was made, it is clear, in good faith and with dreadful forebodings.

    The presidency may disparage his suggestion, but that would not lessen its force and relevance. Chief Obasanjo’s presidency may also not be the best the country could have had, and his achievements might be questionable and controversial, but he undoubtedly performed far better than his successors in terms of fostering a democratic spirit and managing the economy without the obsession for debt accumulation that has entranced his successors.

    It is true he was directly and indirectly responsible for the succession of bad and incompetent leaders the country has been saddled with since his exit, but the choice of being great leaders, despite their inauspicious beginnings, rested with those successors.

    If they were intrinsically competent, if they felt challenged by the weight of being president, if they learnt any lesson at all from other countries and by reading the accounts of great leaders, despite the flawed manner of their elections, Chief Obasanjo’s successors should have felt challenged to rise to greatness.

    That they have underperformed and in fact belittled governance and destroyed the county’s modest gains is a reflection of their vacuity and incompetence.

    Chief Obasanjo stands accused of many things, but he has also managed often to succinctly capture the mood of the country.

    According to him: “President Goodluck Jonathan’s effort of a National Conference did not even get to the National Assembly.

    Today, the agitation has moved up to restructuring — thanks to Buhari’s administration and its impunity and all. With the fractional political division, poor management of the economy, the non-protecting security and the politics of uncertainty in the land, we should not allow restructuring agitation to degenerate to self-determination.

    There is still a window of opportunity for us to nip in the bud a possible and indeed likely agitation for self determination that will be violent and destructive…”

    Chief Obasanjo is right that the high level of impunity in the country seems to suggest that members of the ruling elite imagine that if it comes to war, the outcome is predictable.

    Using the Nigerian civil war as a test case, he dispels the fanciful notion that  war could be predicted with accuracy.

    His warnings are apt, and his observations, including psychoanalysing the present ruling elite, are unimpeachable. They can listen to him, assuming they are so blind that they cannot read the signs of fragmentation playing out under their nose.

    Or they can choose to ignore and describe him as a disreputable and frustrated old man. The choice is theirs. They must live, and possibly perish, with their choice.

  • Unhorsing Oshiomhole the wrong way

    Unhorsing Oshiomhole the wrong way

    By Idowu Akinlotan

    The clumsy pretext latched on to by a few leaders of the All Progressives Congress (APC) to overthrow Adams Oshiomhole, chairman of the party, is mainly his inflexibility. Stretched a little further, the pretext is his refusal to be malleable to certain interests. Having lost their common enemies personified by Senator Bukola Saraki and company, party leaders have proved to everyone that while adversity drove them to frantic animosity, peace will in fact reinforce their grudges and poison their relationships. It is now clear that more separate them than unite them. So, the long knives are out, and the party is at daggers drawn; and it will not matter what Mr Oshiomhole has done or not done. His enemies want him out before 2023 because they cannot guarantee his neutrality; and if they can get rid of him now, it will be a bonus. But they are simply being juvenile and tactless.

    The animosity between Mr Oshiomhole and his enemies came to a head last week when, using the illegal and atrocious template deployed to unseat former Chief Justice of Nigeria (CJN) Walter Onnoghen, some party leaders waltzed into an Abuja High Court to, incredibly, secure a misused and misapplied injunction against him at the interlocutory stage without hearing from him. Ordered to stop parading himself as chairman of the party, he was immediately barred from having access to the party headquarters because the police had been primed to barricade the party’s offices. It was a synchronised plot by a party that is evidently headless. Cut to the chase, Mr Oshiomhole’s enemies, led by Governor Kayode Fayemi of Ekiti State, are not interested in the legality or otherwise of their actions and court processes. They want the party chairman out; they will not be dissuaded by any law or process.

    Most APC governors either support their chairman or are indifferent. Only a few are unalterably opposed to him. With Dr Fayemi as the arrowhead of the plot, and ably supported by Kebbi State governor, Abubakar Atiku-Bagudu, and egged on by the fulminating Edo State governor, Godwin Obaseki, the plotters hope to railroad a decision against Mr Oshiomhole and make his exit sure and irreversible. While the president dithers, the plotters will do their utmost to delay the Court of Appeal decision on the matter — a decision expected to favour the party chairman — and stampede the party’s National Executive Committee (NEC) into finally unhorsing Mr Oshiomhole. Neither the plotters nor the party can lawfully accomplish their goals in the short run. They will, therefore, make a recourse to illegality, and damn the consequences. There is no question that the Abuja High Court judge who granted the prayers of the complainants against the APC chairman misapplied the law. The only question that remains is whether the appellate court will do justice on time.

    Should Mr Oshiomhole survive this plot, his enemies will not relent. They have been too indulged by the party and its leaders to care a hoot what shenanigans they concoct, and have been somewhat encouraged by the vacillation, detachment and spinelessness of the presidency. What is, therefore, not guaranteed is whether after surviving this latest putsch Mr Oshiomhole will become more conciliatory or intransigent. The APC chairman, despite his bullishness and lack of tact, is a better politician than his enemies. He rants and raves, and can sometimes be unsparing, but he is infinitely more gregarious, more accessible, more affable, and more politically ethical than the Machiavellians who have brought out the long knives against him. Inordinate pressure is being brought to bear on the president to abandon Mr Oshiomhole. Sometimes the president seems to buckle, and at other times, unsure of tomorrow, he snaps out of his lethargy and hesitantly backs the chairman. Had the president been as resolute as Dr Fayemi and his co-rebels have been openly rebellious against the principles of natural justice and the guidelines of the party, there would be no question what fate awaited Mr Oshiomhole.

    Nothing is sure for the APC chairman. A few plotters within his party have instigated the judiciary and the police against him. So far, neither he nor anyone who has observed the APC can be sure how the intrigues will play out or which way the cat jumps. His face, never previously rosy or chubby, now looks drawn, and the didactic expression that often suffused his visage has yielded to abject melancholy. He has not lost his sense of humour or the regular but eclectic resort to the sophomoric theology of his youth, but he has become increasingly desperate, beleaguered and a little disoriented. He still has support, in fact more support within the party than his enemies, but he is becoming inexpert at sizing up that support, and has often exaggerated the number of his opponents. He knows instinctively that he has largely done what is right by the party, much more than his enemies, but he has become cavalier about the ethics to which he and his party have subscribed, and has lost the arithmetical candour that had before now made him accomplished in gauging his support base.

    No one can immediately tell how long it will be before the APC finally implodes, as this column has repeatedly warned. But there is hardly anyone who does not understand the elements of the misunderstanding tearing the party apart. Put simply, the problem of the APC is the fight between some governors who seek to have the chairman at their beck and call, and others in the party who simply want a firm, sensible and fairly ideological chairman. The politics of 2023 is merely tangential, despite its seeming centrality. Former party chairman John Odigie-Oyegun was the darling of many of the party’s governors, but he was too malleable to be of any use in imposing discipline on the party, and too embarrassingly eager to please his sponsors. Mr Oshiomhole, on the other hand, met an almost disused and sundered party, and has struggled valiantly, sometimes presumptuously, to rebuild the party’s foundations and system. To his enemies within the party, he seems to have embarked on needless revanchism. Nothing was lost, and no political territories were surrendered to the opposition, moaned the nostalgic governors. The battle line was, therefore, drawn, with one side looking to the past, and the other looking to the future.

    Edo, Kebbi, Kaduna and Ekiti APC may cast their lot with the plotters to unhorse Mr Oshiomhole, but the rest of the APC states seem to be wary of the fanaticism of their colleagues, and are thus unsure how to proceed. But while his preferences remain clear, Kaduna’s Nasir el-Rufai has surprisingly been more muted than Ekiti’s Dr Fayemi. The plotters have numbered Ondo’s Rotimi Akeredolu among themselves, insisting that Mr Oshiomhole was his enemy, but he has pussyfooted considerably, sometimes running with the hare and hunting with the hound. Edo’s Mr Obaseki is embittered, having felt humiliated by the APC chairman. But the Edo governor is at bottom an anti-democrat himself, and possesses the natural instinct of a tyrant. It is no tribute to Mr Oshiomhole that he backed him without a deep assessment of his character and democratic leaning. It is now impossible to reconcile Mr Obaseki with Mr Oshiomhole. Indeed, there should be no reconciliation; not because malice has inexplicably become a virtue, but because it is abundantly clear that opposition and enmity have brought out the true colour and personality of Mr Obaseki. And both that colour and personality are obnoxious.

    No one knows exactly why Dr Fayemi has become the arrowhead of the revolt against the APC chairman. Is it because of the rumoured interest of the governor in the 2023 presidential election, in which it is said he would want to run on a joint ticket with Mallam el-Rufai? Or is it simply one of political pragmatism in which he is ideologically and in principle opposed to the manner Mr Oshiomhole runs the party? There may be elements of both factors in his struggle against the APC chairman. But unknown to many in his party, among the governors, and even in the presidency, Dr Fayemi does not need an antagonistic object to help coalesce his fratricidal and regicidal tendencies. He is a true and gifted Machiavellian. Moments after he won the Ekiti governorship in his first term, he struck an isolationist path, alienated those who voted for him or backed him, and reposed all his hopes and ambitions on his boundless energy and gifted intellect, believing that both would handsomely fetch him his goals. He of course miscalculated.

    In understanding and explaining the turmoil in the APC, it is insufficient to focus only on Mr Oshiomhole’s weaknesses, as obvious and as grating as they are. Due attention must be paid much more to Dr Fayemi’s proclivities and countervailing actions. The Ekiti governor is the most ardent exponent of realpolitik in Nigeria today. No one practices it as avidly as he does. He has almost completely emptied his politics of the restraining influence of scruples and the ethics and humanity that give form and substance to leadership and relationships. The ‘equanimity’ with which he resigned himself to the disgraceful judicial victory of the Peoples Democratic Party (PDP) in the Ekiti South senatorial tussle has left many watchers of Ekiti politics befuddled, not to say the victim himself, Dayo Adeyeye. It must baffle many that the same votes discounted for Sen Adeyeye were counted for the other elections in that district. Nigerians have focused excessively on the feisty and voluble Mallam el-Rufai, describing him as a tyrant. But he is at least not a closet Machiavellian. Nigerians have now seen Mr Obaseki as unworthy of the throne he is sitting on, because they recognise that he is completely destitute of any democratic instinct, not just because he opposed Mr Oshiomhole. Ekiti people know Dr Fayemi, and showed it in their votes for him, repudiating him once in favour of the unfit Ayo Fayose, and giving him a worrying victory in his second term. Many people find Dr Fayemi inscrutable, particularly because of his realpolitik and his incredible capacity to be politically cold-blooded. They have chosen to focus on his oratorical skills and admirable intellect, not to say the curious manner he has deployed his iconoclasm in reflection of his Yoruba worldview of bowing to no idol.

    If the Court of Appeal does not pussyfoot as it did during the presidency’s infamous and immoral battle against Justice Onnoghen, and APC NEC manages against all expectations to develop cold feet, Mr Oshiomhole might get a reprieve and go on to neutralise his enemies’ plots. But if the APC NEC moves with indecent haste and the courts connive at the ongoing heresy, the battle would be lost and a new regime could be enthroned in APC sooner than anyone imagined. But win or lose, both sides in the APC war know that victory will come only when one side is truly vanquished. If that victory comes without the party imploding, then, perhaps the gods have smiled on the party. But that rosy outcome is unlikely, for the gods are themselves unpredictable and their fearsome reputation for rage did not come by happenstance.

  • Supreme Court and revisited Bayelsa election judgement

    Supreme Court and revisited Bayelsa election judgement

    Idowu Akinlotan

     

    LAST Wednesday, the Supreme Court gave short shrift to the application by the lawyers of the All Progressives Congress (APC), Afe Babalola and Wole Olanipekun, to review the February 13, 2020 Bayelsa governorship election judgement which dethroned the APC ticket and gave victory to the Peoples Democratic Party (PDP) ticket. After declining to review the judgement, the apex court  censoriously ordered the two APC counsels to pay N10m each to the three PDP respondents. The media considered the apex court judgement particularly excoriating.

    In the unanimous judgement read by Justice Amina Augie, the apex court balked at a review and declared that the application was needless and vexatious. Said the court in their decision read by Justice Augie:  “I feel like shedding tears that senior counsel in this case would ever bring this kind of frivolous applications during my lifetime. This court is not authorised and indeed lacked jurisdiction to review any judgment delivered on merit, more so when the applicants have not pointed out any accidental error or slip in the judgment. There must be an end to every litigation. It is settled that the decision of this court is final. This is final court and its decisions are final for all ages. To do otherwise is to open a floodgate of litigation on appeals already settled by this court. There is even no guarantee that if these applications are granted, the other side will not come up with fresh applications for a further review of the court’s decision. As I said, there must be an end to litigation to ensure certainty in the law. ”

    The court continues: “The two sets of applicants are by these applications, asking this court to sit on appeal over its judgment delivered on 13/2/2020 in this appeal, which is regrettable. To do otherwise is to open a floodgate of litigation on appeals already settled by this court. There is even no guarantee that if these applications are granted, the other side will not come up with fresh applications for a further review of the court’s decision. As I said, there must be an end to litigation to ensure certainty in the law.”

    The justices are right to fear that should the application be allowed, it would doubtless open a floodgate for similar applications for reviews. It is also not outrageous to expect that, as the justices said, there must in nearly all cases be an end to litigation. But notwithstanding these laudable sentiments, the apex court may have been unduly emotional over the applications brought by the APC counsels, regardless of the rightness or wrongness of the application, and irrespective of the legal arguments that underpinned the APC and PDP arguments. The apex court in fact misses the main import of the application for review of its judgements. The point is that in recent years, the judgements of the apex court have become unduly controversial, with some of their judgements questioned by too many jurists. If there must be an end to litigation, justice must not only be done, it must be seen to be done. That has not always been the case with some of the judgements coming from the courts, particularly the apex court.

    The apex court is outraged by the effrontery of the applicants, and has penalised them substantially. The court furthermore asserts its power and the finality of its judgements, regardless of how anyone feels. Yes, it is true that the apex court has enormous power as the final court, and that power is constitutionally provided for in order to safeguard law and order in the society. But the constitution does not envisage that such power would be exercised, as it has sometimes been done, without corresponding responsibility. If the court does not want to be questioned or ridiculed, it has a much huger obligation to do justice. That is the only way to safeguard its enormous power. It must earn respect, not demand it as of right, which it is doing in this case. The message in the applications brought by Messrs Babalola and Olanipekun is that the apex court must ensure that justice is served at all time.

    But where justice is not served all the time, perhaps on the few occasions when the system falls short, the apex court is expected to possess the humility to embark on or allow a review. So the apex court is wrong to imagine that it cannot do a review except in cases of clerical errors or slip in judgement. On the same day (26-2-2020) that the Nigerian Supreme Court was asserting its enormous power to preclude reviews of judgements on account of the two principles of finality in litigation and certainty of law, the United Kingdom Supreme Court was busy jettisoning those same principles. According to the UK apex court, “finality and legal certainty are desirable objectives… but they cannot extinguish a clear legal right.” See Lord Keer in R (on the application of DN Rwanda) v. Secretary of State for the Home Department.

    Undoubtedly, Nigerians were well on the way to abusing the application for reviews of apex court judgements. This was one extreme. But the Nigerian Supreme Court has an obligation not to respond with another extreme. Above all, if the apex court must retain and sustain the respect bestowed upon it by the people, it has the responsibility of reasonably and expertly playing the role of the chief custodian of justice in Nigeria. It has in recent years not played that role reverentially to safeguard its independence and public esteem. There is in fact no guarantee, with the way judges and justices are appointed, that it can be relied upon to play that ineffable role. And to declare, as Justice Augie did, that the apex court judgements stand for all ages, is to be guilty of wanton pride that the law in whatever form does not admit.

  • Bishops, Fed Govt and endless killings

    Bishops, Fed Govt and endless killings

    Idowu Akinlotan

     

    AS an association, the Catholic Bishops Conference of Nigeria (CBCN) has proved its consistency and staying power in its decades-old interventions in Nigerian affairs. The bishops are unlikely to change. Their exposure, depth and training will cause them to constantly speak out against evil and creeping anarchy. They have often spoken out against oppression in Nigeria, and against leaders who do not measure up; so, nothing will deter them now from speaking out with the vehemence and candour associated with their style. In a statement to mark Ash Wednesday, the CBCN denounced what they saw as the federal government’s duplicity in tackling killings perpetrated by Boko Haram and herdsmen. If the killings are not checked, they warned, they could spell disaster for Nigeria and the continent.

    Here is an excerpt from their statement: “The level of insecurity in Nigeria today is such that whether at home or on the road, most Nigerians, in all the parts of the country, live in fear. The repeated barbaric execution of Christians by the Boko Haram insurgents and the incessant cases of kidnapping for ransom linked to the same group and other terrorists have traumatised many citizens. That the perpetrators of these heinous crimes make public shows of them on social media, and Nigerians do not hear of any arrest or prosecution of the criminals, raise grave questions about the ability and willingness of the government to protect the lives of the ordinary Nigerians. To make matters worse, many communities are constantly threatened, harassed and sometimes even sacked by herdsmen, as they seek to take over more territories to graze their cattle forcefully…We equally appeal to the international community to come to the aid of the Nigerian government in the fight against these daredevil terrorists, who want to graze our country. The consequences, should they succeed, will be grave not only for the West African sub-region but also for Africa as a whole.”

    The federal government has defended its efforts to stanch the flow of blood let loose by Boko Haram insurgents, but they have waffled considerably in their response to killings by herders, much of it evidently ethnic cleansing rather than retaliatory. But neither the government’s fight against Boko Haram nor its puny actions against herdsmen has been either meaningful or exemplary. Boko Haram, despite the government’s best claims, has persisted in its bloodthirstiness and appears to be metastasizing, sometimes morphing dangerously to other forms of ubiquitous low-scale wars and terrorist attacks. There has been very little effort made to understand the driving force of the insurgency, or design the effective tactics needed to combat it. There is no attempt to understand its beginnings, its roots, and the injustices and socio-economic contradictions that suffused the  communities in the Northeast that gave birth to it. Even the extra-judicial murder of Boko Haram’s founders has  not been properly prosecuted after more than 10 years. And as the Catholic bishops asserted last week, the government has made little effort to address the religious basis of Boko Haram, not to talk of finding and dealing with the nexus between Boko Haram’s religious extremism and the continuing religious biases exhibited in many states in the North.

    But nothing demonstrates the federal government’s impotence, say the bishops, as its pussyfooting over the killings perpetrated by herdsmen. First the government did not know what to do, then when it responded, the response came late. And though the response came late, the government managed to compound the problem by issuing mendacious and provocative responses, some so contradictory and illogical that they betrayed underlying and fundamental fissures and biases as well as betray a befuddling appreciation of the concepts of Nigeria and the Nigerian. Responding to mindless killings by herders, the government first proceeded from the point of the need by host communities to live amicably with their attackers; then on to questioning the Nigeriannness of the attackers, presuming them to be foreigners; then moving on to propounding measures and policies to expiate the killings through land surrender; and finally turning a blind eye to the ethnic cleansing perpetrated by herdsmen which have pockmarked many northern communities. The federal government at no time proceeded from the point of genuine outrage over the killings authored by herdsmen, beyond issuing bland and empty condolences and promises to arrest the attackers and prosecute them. The killings have thus continued almost without let or hindrance.

    When the bishops addressed the killings, they were not just asking the federal government to do something about the insurgents or herdsmen, as appropriate as that would be; they were in fact asking the government to re-examine their raison d’etre, to establish whether they are in fact a government at all, whether they have a modicum of understanding that they must eschew ethnic or religious biases in their policies and actions, and whether they have the right understanding of what it means to be a Nigerian or to be harshly judged by posterity. The government may be hard of hearing and inured to the accusations of the people, but the consensus in most parts of the country, whether by the afflicted who have received no succour or understanding from the government, or by the empathetic who fear a future implosion, is that the government is in fact not a people’s government anchored on the right principles and national values of unity, cohesion, peace, development and stability. The bishops spoke eloquently, not about their religion, but about the absence of the values that define and unify humanity, and should define Nigeria now and for all time.

    In their remonstrance, the bishops also spoke indirectly but no less eloquently about the failure of leadership in Nigeria. They have hinted this point at different times and in many fora. They didn’t say it, but they know that no matter how stridently they shout, they will not get an answer to the many puzzles raised in their statement. Until Nigerian leaders get the principles and fundamentals of leadership right, they will be unable to find fitting responses to Boko Haram, herdsmen’s land-grabbing propensity, and the many obnoxious manifestations of the country’s socio-economic malaises like banditry and abductions. For that nuanced and complex understanding to be generated, if at all, the presidency must first settle the elementary issue of running a cohesive, knowledgeable and well-oiled presidential bureaucracy.

    Take for instance the federal government’s prejudiced response to the herdsmen conundrum. Not only has the government dithered abominably, to everyone’s exasperation, it has incredibly ignored the issue of crime and justice involved in the attacks, preferring instead to pontificate on what regional dynamics make the proliferation of small arms and light weapons possible. It blames the Libyan imbroglio, as if that absolves the government of responsibility in punishing bandits and attackers who freely roam the country with weapons, despoiling the land, forcibly possessing people’s lands, and daring the government to act. The government has remained paralysed. Some two or three years ago, in the space of about six months, the government offered more than four explanations for the herdsmen problem, and also cavorted among three unrealistic and futile solutions. The gravitas that goes with the responsibility of higher office, the solemnity that accompanies settling upon the right solutions to a serious problem, and the studiousness and studied contemplation that must inform a presidential decision are frighteningly lacking. Is it any wonder that many groups read ethnic and religious biases into federal actions, and dismiss the government as incoherent, weak and disunited?

    The effect today is that there is really no sensible decision to curb the attacks by herdsmen, not to talk of designating them as a terrorist organisation; and there is no logical or lasting panacea on the Boko Haram menace, not to talk of understanding its many variants and morphology. And there will be no coherent decisions on other germane issues of the day, whether those issues have to do with the misplaced emphasis on IPPIS and universities, the errant decision to compel teaching hospital consultants to acquire a Ph.D when no inventory has been taken of their staff strength, the failure to curb the decay in the police force, the establishment of superfluous universities, including the Army and Transportation universities even when enabling acts have not been signed to give them life, and the abysmal lack of contemplation in understanding the structural roots of the multifarious problems upending the country and predisposing it to chaos.  A suffocating lack of thinking, focus and diligence in national affairs is ravaging the country.

    Except they deceive themselves, the government knows that the country is neither at peace nor is it disposed to peace, nor are the problems confronting it transient. As the bishops counselled, it is urgent that the government should find realistic solutions to these cancerous and apocalyptic problems, nothing like it has considered so far. Whether they will find the courage, neutrality and depth to  tackle these mounting problems is anybody’s guess.

  • Gov Zulum’s 100,000 more soldiers

    By Idowu Akinlotan

     

    Four years ago, the Chief of Army Staff, Lt-Gen. Tukur Buratai, announced that over the next eight years from 2016, the Nigerian Army would expand its personnel strength by about 100,000.

    As he put it in January of that year, “The Army would embark on an ambitious expansion programme to address manpower needs of the force to respond appropriately to contemporary threats to national security.

    The Army planned to increase its personnel strength from its present 100,000 strength-force to slightly above 200,000 in the next eight years.”

    In 2016 alone, he said at the time, some 12,000 men would be enlisted. It is not clear how far the army has gone in their expansion plans. But it is significant that the Borno State governor Babagana Zulum is now calling for about 100,000 more men for the army.

    Both in 2016 and now, the country has reeled under Boko Haram insurgency pressures to the point that the war, thought to have been won either technically or outrightly, has become largely stalemated.

    The government has not substantially changed its story that Boko Haram has been defeated; all that has changed is the most recent observation by Gen Buratai that Boko Haram has transmuted into a terrorist organisation, having been defeated in conventional or even guerrilla war.

    Few agree with Gen Buratai’s observation about Boko Haram’s transmutation. And as the Borno governor said, especially being at the front lines of the Boko Haram insurgency, the gains of the past four years have appeared to be reversed, hence his call for a revision of tactics and fundamental assumptions.

    In 2016, when Gen Buratai announced the expansion plans, no one took him to task. Everyone appeared relived that the Boko Haram menace was subsiding, and that that subsidence needed to be sustained.

    It hardly mattered then that given Nigeria’s strategic placement in West Africa, its examination of the threat level it faced hardly called for the kind of expansion they had in mind, an expansion that was a little more than double its strength.

    Where did Nigeria hope to get the funds needed to sustain that kind of expansion, especially when the economy was in trouble, and was in fact contracting?

    The economy has not regained its strength or its lustre, and there is no indication that the country’s economic managers have been prudent or innovative in allocating its financial resources. If the expansion is to be carried out, where will the money come from?

    What the Nigerian military needs is not really expansion, particularly on the scale envisioned by the country’s generals.

    Read Also: Zulum hailed for rewarding teacher

     

    Their expansionary ambition reminds everyone of the American civil war when President Abraham Lincoln clashed with one of his generals, George B. McClellan, who kept asking for more men to prosecute the war against Robert Lee’s Confederate Army.

    Said Lincoln, “My Dear McClellan, if you don’t want to use the army I should like to borrow it for a while, provided I could see how it could be made to do something.

    Yours respectfully.” Lincoln was also quoted as complaining about Gen McClellan’s importunity in the following derisory terms: “If I gave McClellan all the men he asked for, they could not find room to lie down; they’d have to sleep standing up.”

    Before making up his mind to sack the general, Lincoln had one more snide remark to make about the request for more men. Said he: “Sending men to that army is like shovelling fleas across a barnyard — not half of them get there.”

    Comparisons, said the English, are odious. But a study of the Nigerian military shows in more ways than is often acknowledged that what ails the army in these parts is obnoxious deployment cum indefensible management of resources.

    The staff strength of Boko Haram in its heyday was estimated to be about 5,000-6,000 men. That insurgent force has been considerably degraded, as the government has acknowledged.

    In addition, the government has said that the insurgents have been defeated, and that the country must now grapple with insurgents who have metamorphosed into terrorists. So, why would the army need 100,000 extra men?

    What they need is better training and management, more advanced weaponry, retrieval of their men from police duties — implying that it is the police that must be expanded and equipped — and reassessment of operational tactics and strategies in the face of an asymmetrical war that is constantly morphing.

    Nigeria must not rush into any expansion, whether 100,000 permanent troops or, as the Borno governor said, 50,000 temporary Borno-based recruited soldiers. That mistake must not be made.

  • Canonisation of el-Rufai at 60

    By Idowu Akinlotan

    There are not many politicians in Nigeria who have made as interesting a name as Governor Nasir el-Rufai of Kaduna State. He is well known, is even positively controversial, has a mind that is often clearly made up, and is as cocksure of everything as a gifted clairvoyant. At 60 years of age, he has done supremely well for himself, to the envy of his considerably more gifted, less controversial and even-tempered contemporaries. Of all the country’s governors, it is doubtful whether any of them has become a cynosure of attention like him, not even the daring and confrontational Godwin Obaseki of Edo State. He has a little more than three years to go in office, and is ambitious to climb even higher, perhaps up to the presidency. Trust him, therefore, to engage in more histrionics in the years ahead, hug controversy like a bear, say many brash and provocative things, and engage in many more risky and outlandish behaviour.

    When he and his aides are able to manage it, they must decide whether his behaviour and statements do not impel them to take in good faith the criticisms of his fervent opponents as well as lap up the praises of his countless admirers. On the occasion of his 60th birthday, his friends and admirers, not to say those who wish to keep him close in order not to be at the receiving end of his waspish tongue, have all conspired to rhapsodise him. He cavorted in every adjective with which he was lifted above the clouds, and basked at every noun with which his boisterous person has been identified. When his friends gathered in Kaduna last Monday, they spoke glowingly of him, as perhaps they should. No one had any reason to caution or restrain him with censorious metaphors or needling allusions.

    The reason for such panegyrics may not be far-fetched. Mallam el-Rufai does not suffer fools gladly. If anyone attacks him, he concludes that the critic has an eye on 2023, with a view to denying him the chance to run for the presidency. It is not obvious that he carefully screened out his critics from his birthday celebrations, but those who felicitated with him in person or on newspaper advertisement pages knew it would be impolite to seize that fleeting birthday moment to excoriate his failings. They sensibly reasoned that it would cost them nothing in one advert page or the other, and for the few hours his birthday celebrations lasted, to eschew truth and embrace fallacy. An outsider would, therefore, be forgiven if he got a different and positive impression of Mallam el-Rufai quite from the more realistic and dismissive characterisations of the governor with which his Kaduna ‘subjects’ and critics are more familiar.

    It does not matter what Mallm el-Rufai thinks of his critics, whether he believes they are being put up to it to take him down a peg or two in anticipation of his ambition to run for higher office either as the main contender or running mate. The governor is in fact well known for damning his critics and lauding those who fawn all over him. He is entitled to his dualistic world, where there are no grey areas. But criticised he must be, for he is after all a politician who cannot always be right, and whose failings are constantly exposed to the electorate. It, however, still seemed curious that so many highly placed people composed hymns and panegyrics in his honour on his birthday last Monday. One or two of those who wished him well were clever in their use of words to celebrate him without pointing out his strengths or weaknesses. But on the whole, most of the other well-wishers fawned over him.

    Transportation minister Rotimi Amaechi was probably the cleverest well-wisher, speaking endearingly of the friendship he nurtures with Mallam el-Rufai, acknowledging the governor’s accomplishments, and noting how easily he identifies with the celebrant. He said nothing about the governor’s strengths, nor alluded to his shortcomings. His seemingly neutered greetings could not be faulted either by the celebrant or any mischief maker. Senator Ovie Omo-Agege, Deputy Senate President, was not keen on Mr Amaechi’s nuances, nor incommoded by his own exaggerations. Apart from insinuating his own impressions into the minds and mouths of the people of Kaduna, whom he described as being impressed with the governor’s “untiring passion for continuous positive transformation”, the senator also praised the governor’s “consistency in the pursuit of progressive ideals”. He capped his doxology by describing the governor as a man of “remarkable intellect and uncompromising people-focused strivings for the collective good of all citizens”. Even the usually restrained Ondo State governor Rotimi Akeredolu yielded to the spirit of the times by describing Mallam el-Rufai as a “dependable friend” whose “strong belief in companionship and brotherliness, compassion and steadfastness are assets to everyone around…”.

    If these newspaper advertisements ran the gamut of hypocrisy and tendentiousness, words are inadequate to describe the rhapsodies that lathered the packed hall in Kaduna where Mallam el-Rufai was serenaded to bursting point. Here are just a few of the notable ones. From the Ooni of Ife: “We want leaders like you who will continue to work for all Nigerians. It is obvious that you stand out of the crowd, given what you are doing and preaching in the northern states. You are a drummer and we want to hear from you loud and clear. We want you to continue to beat the positive drum for Nigeria.”

    From President Muhammadu Buhari: “Your service to Nigeria and mankind marks you out as an outstanding public servant and we are very proud of your work.”

    From APC chairman Adams Oshiomhole: “El Rufai is fearless, blunt and courageous and he has succeeded in implementing a socialism policy in Kaduna catering for the weak, the poor and powerful. He is a great man with ideas who speaks truth to power wherever he finds himself and we are very proud of him.”

    From former APC chairman John Odigie-Oyegun: “You are working honestly for this country, and you are creating a name that will go down in the annals of Nigeria.  We pray God help you to achieve all the things you have outlined to do for Nigeria.”

    It is hard to tell whether Mallam el-Rufai is in reality the person being lauded so magnificently, or whether it is the Mallam el-Rufai of their imagination, the one they hoped he would become sometime in the future if he was not already past the age of moderation and amelioration. He is an outstanding public servant, says the president, oblivious of how the senate described land allocation in the Federal Capital City years ago when even children got allocations and Mallam el-Rufai rebuffed being held responsible for the atrocities committed under him. Mr Oshiomhole has come under the waspish tongue of Mallam el-Rufai, and has groaned under the unending intrigues of the governor regarding the chairmanship of the APC. For the party chairman to describe the governor as a courageous man of great ideas speaks volumes about the hypocrisy and mendacity crippling the ruling party.

    Chief Odigie-Oyegun was never one to aggressively confront opponents, let alone scheme against them, and had during his chairmanship of the ruling party constantly yielded yards and miles of grounds to plotting governors and ambitious and mercantilist politicians. But here he was serenading Mallam el-Rufai as a governor who is working honestly and creating a great name for himself. This the same governor who demolished his political opponent’s houses on the excuse of violating town planning laws, promoted tyrannical laws, or when the laws inconvenienced him, bypassed the laws to deal harshly with religious minorities, acquiesce to military clampdowns leading to huge loss of lives, and did not find mass burial distasteful in a supposedly democratic state. What kind of drums was he beating to deserve being heard loud and clear? And what progressive ideals does he espouse that accommodate ethnic exceptionalism and religious exclusion, the kinds he has disdainfully sought to entrench in Southern Kaduna?

    Mallam el-Rufai’s extreme ideology did not manifest when he was FCT minister. In Kaduna, it has flowered. Together with former EFCC chairman, Nuhu Ribadu, he was ambitious enough to want to succeed ex-president Olusegun Obasanjo, or play a leading role in the Umaru Yar’Adua government. He failed in both ambitions. He has the right to continue to nurse his ambitions, but his critics have equal right to point out his unsuitability for the lofty positions he has long coveted. His admirers keep reminding the country of Mallam el-Rufai’s huge intellect. As far as book learning goes, they may be right. But they dissemble when they also try to suggest that his so-called huge intellect is matched by a huge or even huger character. No such correlation or coterminousness exists. The Kaduna governor thrives best under supervision as a minister, in which his petty prejudices are moderated and constrained by the superior arguments and values of his supervisors.

    Unleashed and unfettered, the canonised drummer boy of Kaduna, the so-called passionate progressive who plans to rise higher in politics, is really nothing but a driven but bad-mannered autocrat, closet extremist, antidemocrat, ethnic jingoist, and unbearably proud and bad-tempered politician. He has risen beyond what his modest character can sustain, and occupies sensitive positions beyond what his temper and administrative acumen can cope with. Overall, he has had the misfortune of playing his unusual kind of politics at the same time and virtually in the same space as a President Buhari who, by his idiosyncrasies, has led Nigerians to vigorously re-examine politicians whose ideas they embrace and whose manners they laud. At 60, Mallam el-Rufai cannot and will not change. Age has nothing to do with his style, his person, or his politics. Having got away with all manner of insensitive and provocative actions and statements over the decades, he has begun to see his dangerous ossification as a strength rather than a weakness. The people of Nigeria and Kaduna must wish him many more years of active life during which a new and resplendent Nigeria devoid of his kind of politics and mannerisms would flourish.

  • Bayelsa: The Supreme Court baffles everybody again

    By Idowu Akinlotan

    The latest in the controversial decisions of the Supreme Court is the judgment of the court in the pre-election case in Bayelsa State governorship election in which the governor-elect of the state, David Lyon and his Deputy, Biobarakuma Degi-Eremieoyo, were sacked on the eve of their inauguration. The apex court, in a unanimous judgment, reinstated the judgment of the Federal High Court that disqualified Mr Degi-Eremieoyo from participating in the governorship poll. The apex court held that since Mr Degi-Eremieoyo shared a joint ticket with the governor-elect, his disqualification afflicted their nomination by the All Progressive Congress (APC).

    The decision of the apex court in Bayelsa governorship poll is diametrically opposed to the decision of the same court in the Kogi State governorship election four years ago, where the same court approved and sustained Governor Yahaya Bello’s election even when he contested the supplementary election without any running mate. This is, surely, inexplicable. These are two inconsistent judgments; yet, the Supreme Court fails to explain its departure from one to the other. Perhaps, it suffices to simply state here that if two decisions are inconsistent, one of them must be wrong. This has unfortunately led to many critics suggesting that the apex court is either inept or partisan.

    Nigeria is passing through a most interesting but critical time in its judicial history. The attention of the whole world is focused on the nature and character of the judgments being churned out by the Supreme Court of Nigeria. Some of the decisions continue to send jitters through the spines of many people. In some cases, they are altogether shocking and embarrassing, even to the legal community in Nigeria and indeed the democratic world. These controversial judgments, undeniably, have gravely diminished the robust public image the Supreme Court enjoyed in the past.

    The Supreme Court, in the past, was able to earn the respect and confidence of the people as a result of its ability to produce largely acceptable decisions. The court then was perceived as free from direct or indirect political influence, pressure and lobbying. The men that constituted the court then were characterised as brilliant, reflective, honest and industrious. They were imbued with deep learning, courage and uprightness. Their decisions were convincing even to the unlearned, and unassailable to the learned; philosophical and predictable, and in consonance with good sense and established principles. Above all, their lordships, in the past, built a concrete and impregnable wall of integrity around themselves and walked around with dignity and respect. The Supreme Court, today, regrettably, has lost some of these sterling qualities and attributes.

    The apex court is the ultimate court in the land. Its decision is virtually final and can be altered only through legislative intervention or another judgment of the court. The power of finality of the court over cases derives from the fact that no appeal lies to any other body or person from the determination of the Supreme Court. It is hoped that this power of finality is not being abused. It is well known and often said that because the decision of the Supreme Court is final does not necessarily mean that it is correct. The truth remains, however, that the justices of the court are human beings capable of errors. It will amount to an exercise in self-adoration and arrogance not to accept this obvious truth.

    Beyond the shockwave of controversies which the decisions of the apex court continue to engender in recent times, which are controversial even for a final court, the judgments are largely platitudinous. One inescapable impression a scholar gets from reading some of these judgments is their general tedium. There is nothing inspiring in the language of the court to suggest that they are judgments of a final court.

  • Borno’s distress replicates Jonathan era

    Idowu Akinlotan

     

    BOKO Haram insurgents care little about grammar. They leave that pastime to the waffling federal government. While the government persuades itself that Boko Haram has been technically defeated — a technicality that perplexes even eminent justices — and the Chief of Army Staff, Tukur Buratai, is convinced insurgency has been displaced by terrorism, the insurgents crept to the sleepy village of Auno, some 25 kilometres from Maiduguri, last Sunday and plundered a section of it. More than a score of stranded truckers and travellers were killed, and some women and children reportedly abducted. More than a dozen trucks were also burnt.

    It is not certain what security officials and representatives of the federal government think about their technical terms after the Auno attack, but what is known is that it has led to frantic efforts to find a roadmap out of the quagmire. Accused of dereliction of duty and callously locking travellers out of the capital city from 5pm daily, military commanders in the state have responded peevishly by firstly blaming recalcitrant truckers, and secondly bringing forward the lockdown time from 5pm to 4pm. How that will solve attacks on undefended villages and communities in a Boko Haram infested region is hard to explain.

    But on his own, and giving proof of his concern for Borno people over the Auno attack, President Muhammadu Buhari stopped over in Maiduguri last Wednesday on his way from an African Union summit in Ethiopia. His presence was not as welcomed as it had been in the past. However, meeting the governor, traditional monarchs and elders of the state in Maiduguri, the president, according to one of his spokesmen, Garba Shehu, expressed his bewilderment at the attack. Uncharacteristically, and mincing his words a little, he blamed community leaders for the frequency of the attacks. He seemed to have forgotten how brutally and frankly the state’s leadership elite excoriated former president Goodluck Jonathan for also blaming them for Boko Haram attacks. Mallam Shehu quoted the president as saying, “This Boko Haram or whoever they are, cannot come up to Maiduguri or its environs to attack without the local leadership knowing; because traditionally the local leadership is in charge of the security in their own respective areas. In my understanding of our culture, I wonder how Boko Haram survives up to this time.”

    Put differently, the president was saying that Borno community leaders know about Boko Haram attacks, and can do something about the problem if they choose to. In 2013, groaning under military reprisal attacks on Borno communities, even more than they groan from Boko Haram attacks, Borno elders importuned Dr Jonathan to withdraw the Joint Task Force (JTF) from the state because of the scorched-earth style deployed by troops to discourage alleged local cooperation with Boko Haram insurgents. Dr Jonathan’s response was both unsparing and a trivialization of the problem. He had told the elders: “If anyone of you wants the Federal Government to withdraw JTF troops from the state, he should come and sign an agreement that if anybody is killed after signing the document, I will hold you responsible according to the law of the land; I assure you that before I go back to Abuja all the JTF troops will leave the state. The Boko Haram insurgency is reducing gradually in states like Bauchi, Yobe, Adamawa, Gombe and Niger among others, but in Borno State the situation is increasing. It is unfortunate, and this is because you the elders refused to come out and condemn the activities of the sect who are your children. This is not a time to be playing to the gallery.”

    In 2013, Dr Jonathan had accused Borno elders of playing to the gallery, and in 2020, President Buhari has accused them of conniving at the unending attacks. Head or tail, Borno is unlikely to win. Just as it happened seven years ago, they have been served notice of their complicity, and they must make up their minds exactly how to respond. Not only do they bear the brunt of the attacks, it is also their wives and daughters that are being abducted, and their men killed, and their sons recruited into Boko Haram. They must now add the extra burden of being accused of complicity. How they must wish for the spirit of Mai Idris Alooma to help inspire feats of valour and nudge Borno to rediscover its glorious past. They are experiencing their worst moment of angst so far, and there is nothing to indicate that their sufferings will abate soon. The military, according to the Borno State governor, Babagana Zulum, is seldom on the offensive, perhaps believing they had defeated the insurgents, and are now, to their relief, only battling terrorism for which they are ill-equipped. While the president passes the buck to community elders, the governor is suggesting a more practical change of tactics.

    But it is precisely that change of tactics that is long and arduous in coming. A few weeks ago, the country was in a pickle over the jadedness of Nigeria’s security architecture and system. Indeed, the uproar so infected the 9th National Assembly, which had hitherto been tongue-tied, that its leadership, not to say members, rose as one man to ask the president to remove his security chiefs. But just one meeting with the president was enough to stultify their request or dispel it altogether. Emerging from the meeting, they began to argue that there was little to be gained from changing the security chiefs. Instead, they chorused, the military and police needed additional funding and equipment.

    Many critics of the federal government’s complacency and the military’s flat-footedness have even begun to suggest that the lack of urgency in prosecuting the Boko Haram war might be due to a deliberate lack of willingness to end the war for pecuniary and other gains. Military chiefs have denied this allegation, but critics are sticking to their guns, and the president appears puzzled by the allegations. But whether the problem is paralysis at the top of the security system or lack of funding and adequate equipment, or even the desire to profit materially from a protracted war, it is clear that the bloodletting will continue for some time.

    Exasperated by the blames and the bloodletting, the 9th Assembly and a few NGOs have begun to campaign for the declaration of a state of emergency in Borno State, the epicentre of the revolt, or a declaration of emergency in security, believing that such declarations would give fillip to the campaign to defeat Boko Haram. But having claimed to defeat Boko Haram, even if technically, and having suggested that insurgency had ended but was only replaced by terrorism, how could they make a case for a declaration of emergency? In any case, asking for a declaration of emergency is sheer illiteracy. The government has raided the treasury to procure weapons without appropriation, sometimes taking over a billion dollars at a go, has fought the war in the Northeast without let or hindrance, sometimes unscrupulously and scandalously, and has locked down anywhere it pleases and when it pleases, sometimes even changing the times of the lockdown to suits its purposes. What else would a declaration of emergency accomplish that the military and the militarised Nigerian presidency have not already seized the leeway to accomplish?

    While the National Assembly understands the implication of a declaration of emergency, but fails to appreciate its many ramifying parts, others, including NGOs, have been very casual in their emergency declaration propositions. One of them, The Centre for Africa Liberation and Socio-Economic Rights (CALSER) , last Thursday, even foolishly advocated outright emergency rule, supposedly to make it possible for the federal government to restore the state to normality. According to CALSER, “In the light of the above mentioned, the Centre for Africa Liberation and Socio-Economic Rights wishes to call for a full and total declaration of a state of emergency in Borno State. This is necessary for the relevant authorities to get to the root cause of the renewed terrorist activities in the state. The governor of Borno State must step down to allow for full presidential powers to restore peace and security in the state and to also allow the deprived and exploited people of Borno State some relief. And the Theatre Commander of Operation Lafiya Dole is appointed to oversee the affairs of the state until normalcy returns.”

    Today, NGOs are up for hire. There is often neither rigour nor morality in their causes. They will embrace causes as facilely as they superficially manage their organisations. How CALSER could advocate for outright declaration of state of emergency is hard to understand. They argue that such a declaration will let the government “get to the root cause of the renewed terrorist activities in the state”. Who bars the government from doing that now, when they have absolute and unfettered control of the security agencies? Prof Zulum once argued against piling up travellers and vehicles at checkpoints, but he got short shrift from the military, and was accused of not encouraging the military in their counterinsurgency operations. Then the mortifying cataclysm of Auno happened. CALSER also advocates the displacement of civil authorities in the state in favour of the theatre commander of the counterinsurgency operations. The NGO does not say whether combining the battle against Boko Haram and ruling the state would not be a distraction. Dr Jonathan received similar encouragement to overthrow civil authorities in the state, an encouragement he barely resisted.

    Borno is going through a very tough patch, just like it did under the previous governor, Kashim Shettima. Both Governors Zulum and Shettima understand the social and economic dimensions of the revolt in the troubled region, some of which the president himself alluded to during his discussions with Borno elders. Hopefully, apart from summoning the discipline and intuition to review their battle tactics, the federal government would know that whether what Nigeria is confronting is insurgency, as the people still think it is, or terrorism, as Gen Buratai now thinks, neither will end until the social and economic factors predisposing the state and the Northeast to insurgency and other criminal challenges are scrupulously and comprehensively dealt with. Hopefully too, President Buhari will have had time in the days ahead to reflect on the unfortunate parallel he inadvertently drew with the Jonathan government when he accused the victim of insurgency of lying in bed with the inspirer of Boko Haram. It was not until close to the end of his presidency that Dr Jonathan realised his error. It is stupefying that some five years later, President Buhari is incarnating that same error.