Category: Sunday

  • Please don’t come, Mr Kum

    Today, there is palpable anger in the land. The rising tide of fury and discontent is such that one is afraid things might topple over at short notice. This morning, this column drops all pretences to partisanship to urge Mallam Umaru Yar’Adua to summon as a matter of national emergency a summit of all political parties and principal power players to deliberate on the political and economic catastrophes threatening the nation on all fronts.

    The Nigerian ruling class has proved time and time again that rational calculations and enlightened self-interest are not its particular forte. But there are enough danger signals in the polity to give the jitters to even the most obdurate and obtuse of political elites. We are not even talking of regime collapse or violent change but something more fundamental and nation-threatening.

    Once again, the danger signals are flashing. Despite the hype and hoopla about amnesty and the pacification of the tribes of the lower Niger, it is obvious that the elite consensus which formed the bedrock and the political basis of the Obasanjo Settlement of 1999 has completely collapsed. As it happened in 1965, 1983 and 1993, a nasty spirit of vengeance and resentment has descended on the land. You can feel the fury in the air.  You watch the angry, sullen crowds roiling in the bitter, homicidal rage of dispossession and you feel it is only a question of time before Mr kum arrives from Cambodia.

    Never in the history of this country has there been so much murderous hatred for public officials as we are now witnessing. The surface below ordinary polite conversations is seething with rage and resentment. Let no one deceive himself. There is no discrimination or differentiation of culpability, no refinement of malice in this mass categorization of the Nigerian political elite as an abominable breed. Everybody who is well-off or appears to be well-heeled is summarily blacklisted. Your eventual executor may well be your houseboy or a member of the domestic staff.

    Yet because the Nigerian political elite have lost so much authority and ethical legitimacy, this bleak fury in the land cannot be channeled for the revolutionary transformation of the nation. For the same reason, neither can it be canalized for higher political purpose. So, what we have is raw , untrammeled rage which is neither transformative nor infused by a nobility of purpose. When the dam of this unstructured, freewheeling and deregulated anger breaks, it is going to be a messy and bloody anarchy the like of which no one has seen before.

    This no-hold-barred distemper speaks to the temper of the times. But more than that, they speak to a total disconnect between the aspirations of the generality of the Yoruba people and many of those parading themselves as their leaders. You could almost feel it in the marrow that if these disillusioned and distraught people should lay their hands on their so called leaders after law and order has broken down, it is going to be mayhem day indeed.

    But it is not only in the west that you have this ferment, this burgeoning social rebellion. In the east, the normless political theatre and perpetually unprincipled leadership has turned the place into a vast coliseum of unhinged gladiators baying for blood. The north is also raring to go. A few weeks ago, snooper attended the inaugural launch of the Sardauna Foundation in Kaduna. Practically all the former heads of state with the exception of General Mohamadu Buhari were booed by an irate mob at the mere mentioning of their name. Mr Kum is surely on the way.

    But who is Mr Kum anyway? Kum, or kum, kum is a Cambodian word or concept for disproportionate revenge. Although emanating from a particular Cambodian mindset for restoring parity of cruelty, it also has universal applications. There is a Mr Kum in every one of us. Even the normally sedate Yoruba people have a saying that if a hen overturns one’s charm potion, one must break its egg.  That is kum for you. However, it is when kum is collectivized, when anger is nationalized or resentment ethnicised that things turn genocidal.

    Although kum is designed to restore parity and salvage some honour, the parity is such that it often turns out to be a final solution. The response is always disproportionate to the original offense because you want to render the other party permanently combat-ineffective so that he will never be in a position to inflict further harm on you. Rather than being an eye for an eye, kum is a head for an eye. Sometimes the urge to vengeance is driven by such ferocity, such savagery that entire families are exterminated up till the seventh generation.

    Anthropologists studying the cultural parameters which predispose humanity to genocidal tsunamis point at the moment when the object of hatred ceases to be a human and becomes a symbol, a trope, an animal, insect or a non-person. When Franz Kafka famously wrote a novel in which a man suddenly wakes up to discover that he had become an insect many people thought the disturbed and neurotic writer was exercising his right to creative lunacy. But given what Hitler would later do to the Jews, it turned out to be a haunting prophecy. It surely takes the downward declassification of humans for murder to proceed on such an industrial scale.  In Rwanda, the genocidal war-cry was “kill the uyensi”. Kill the cockroach. Once humans become insects, they are like flies in the hands of wanton boys and men.

    It is profoundly ironic that we should be talking about kum thirty years after the Pol Pot regime was driven out of the Cambodian capital by Vietnamese troops. Arguably the most pathologically callous regime ever visited on mankind in the modern epoch, the Khmer Rouge killed about one seventh of the Cambodian population before being driven out. A regimen of deliberate and systematic elimination of perceived opponents became state policy. Violence, pure violence, became the organizing principle. Thousands perished of hunger. Many expired like animals in unimaginably filthy conditions. Such was the abominable scale of human extermination that at a point bullets were considered too expensive to be wasted on human vermin. Those to be executed had to make do with being clubbed to death or by having their skulls cracked .

    Even the tough and battle-hardened Vietnamese communist regime to the north was appalled by this abysmal human cruelty. When the victorious Khmer army finally entered the Cambodian capital in April 1975 after years of battling the corrupt American backed government of Lon Nol, they swiftly emptied the city of its inhabitants and sent the populace to the country side to farm. The same process was repeated across the country. Many died of sheer exhaustion. The social ranking was forcibly and summarily reversed and former masters became servants. It was an apocalyptic glimpse into Dante’s inferno.

    But it all boils down to kum.  It is a truism that social brutalization begets physical brutality.  Although totally disproportionate, the Khmer Rouge were responding to years of cruel suppression and the social cruelties inflicted on the Cambodian society by a corrupt and decadent political elite. When kum arrives, the social structure for containing anger and resentment simply disappears. The mad man has begun to consume the flies consuming him. It is no surprise that thirty years after, the brutal Pol Pot regime still has its partisans and admirers in Cambodia who believe that they did what had to be done.

    Years after the parity of barbarity might have been restored, the social wounds refuse to heal and a society is permanently at war with itself. This is the problem with kum and the basis of the clear and present dangers Nigeria faces from an imminent social implosion. Forget about amnesty and all the post-amnesty pizzazz for now. As it is currently configured, Nigeria faces Mr kum on several fronts. First, are revenge-seeking minority groups responding to social deprivation and environmental degradation. Second are parity-seeking majority groups seeking to exclude their excluders. Third are terminated power blocs seeking to terminate their terminators.

    But by far the most potent and potentially annihilating threat faced by Nigeria today is the adamantine class divide which has seen to millions wallowing in hunger and biblical misery while a few make away openly with the national patrimony. The polity roils with rage and discontent. The smouldering resentment across ethnic, regional and religious divide threatens to engulf the entire country.

    Let us end by paraphrasing Leon Trotsky in a moment of radical depression. “As socialists we seek a socialist world not because we believe that man will be happier—such claims are best left to dictators….But we believe that the moral imperative in life is to raise the human condition even if this means no more than that the current farce and monstrosity has proceeded to tragedy itself” .

    It is not a revolution we must fear. It is Mr Kum.

     

    • First published in 2009.
  • Let the people have their say

    Let the people have their say

    So, at my own social media, i.e., when we go to queue for fuel for three or four days to buy five hundred Naira fuel, we complain about the Nigerian system that allows its senate to complain about the social media.

    Really, many things are conspiring to make me sad in this country. The Kogi State problem is still there and appears to be daily gathering much dross about it, what with the contestants crying foul and refusing to back down. I have since been questioning the viability of these states, but that’s a topic for another day. Then there are the bombings still going on by the boko haram as if that body wants to tell us they are still around. To them, I have gone grrr!, while shaking my fist. Then there are the revelations concerning the ‘fake’ arms deals which masqueraded for the ‘mind boggling’ Billion-Naira-sharing scheme that went on during the Jonathan years as one report put it. That really put me off, but again, that’s for another day. Then, take the fact that I am no longer qualified to wear the tight-fitting jeans the young ones wear now that looks like their second skin. No, it’s not because I am too old; it’s because I cannot afford both the jeans and the lungs. Now, the senate is adding its own drama to my saga of sadness by stating its intention to, wait for it, go after the social media! Seriously?! Seriously?!

    Honestly, if I wasn’t so sad, I would be tempted to cry. I know, I know, sadness and crying live right next door to each other; so, one way or the other, my face must either remain long or wear trails of tears like some desert road bearing the footprints of cowboys long since gone. When I read that piece of news about the senate deciding to take on the social media, I thought, come, what the deuce is going on?

    First, I listened to the senate’s peeve. The senate says it now has zero tolerance for ‘frivolous petitions’ without affidavits. If you ask me, I do not know what that means. Can it refer to news items? Can it even refer to news commentaries? Wait, wait, might it refer to commentaries like this one that you are reading right now, dear, esteemed reader? Can it even refer to the little bits of reactions and comments that accompany news pieces on the net? I don’t know the senate’s peeve. Do you?

    The more I ruminated on it, goat style, the more I thought that this might be diversionary. I think that the senate might have sat down to work out how best to divert the attention of the good citizens of this country away from the litany of bad news threatening daily to drown us in their slosh. So, they came up with this beautiful plan to take on what they think is an insignificant component of the Nigerian population.

    But wait. Who is this social media and what do they want? From my research, it appears that the social media has no register of persons. It is made up of anyone deft enough on the computer but altruistically minded enough to comment on social happenings. Where do they live? Search me, but I think that they might be in any corner of the universe, considering that the moon is now being cleared, vacuumed and carpeted for human existence. And God forbid that our standards should go down. Anyway, it is this mighty army that is scattered over the face of the earth, made up of varying degrees of wisdom, knowledge and understanding, and is armed with nothing but their ‘pens’, that the senate has decided to take on.

    As to what they want, let me go back to my research notes. Yes, mostly, most of them take to the forum to make their minds known on specific issues of interest to them. For many of them lacking access to the government or their representatives or jurisdiction, the social media is their last bastion of hope to air their grievances. So, the medium performs the double duty of being a wall to write on and a psychiatrist’s chair to purge out unholy emotions occasioned by unpopular governmental policies. For them, it’s an avenue to struggle against injustice, power drunkenness and wickedness in high places.

    To rid the people who use the social media of this avenue is to strip them down to the bones. It’s a little like the story of a beggar who kept his goods in a corner of the corridor of an abandoned public building; only to come back from begging one day and find that he had been robbed. Just imagine, our leaders have not governed us well but have rather pilfered all the money put in their trust for the people. Unfortunately, the reports of these pilfering are still being brought in even as we speak. And now, even what is left to the people is about to be pilfered.

    How then can we talk of unsubstantiated petition writing on the social media? I honestly don’t know since I really don’t know much about it. I guess there is a site labelled ‘Petition Writing’ but I am not subscribed to it. I am subscribed to another forum.

    I am subscribed to that forum which perpetually feels the effects of bad governance. For many months now, my house has enjoyed only about three hours of electricity from the public distribution company in every twenty-four hours. In the remaining hours, I am at the mercy of the generator sellers and the petrol stations. So, at my own social media, i.e., where we go to queue for fuel for three or four days to buy five hundred Naira fuel, we complain about the Nigerian system that allows its senate to complain about the social media.

    As many people have pointed out, there are many legal means of seeking redress open to all aggrieved persons. The laws of libel and defamation of character can be invoked. To go on with this inquisition is tantamount to the senate declaring war on the people after it has been elected by the people. It’s like a story I read sometime about an apprentice doctor who tried to deliver a woman made of papier marche of her papier marche baby and clumsily threw both mother and child over his shoulder after pushing too hard. Well, said his supervisor, kill the father with the forceps and you have killed the family. The people do not have their way; the senate has that, and now their say is being thrown out over the senate’s shoulder.

    In the matter of the ‘Senate versus the Social Media’, I think that our esteemed senators should listen less to their wards. Those ones are so adept at manipulating the computer they can get anyone lost inside the internet and the World Wide Web. The senate should not go with them or it will find itself in some very murky waters. The senate should listen more to the people they have consented to represent crying of hunger and deprivation.

    When a silence is forced on the people for any reason, it amounts to asking them to bottle up their feelings. We all know what happens to bottled up feelings: they gather steam. It also gathers moss; both of which can make for one catastrophic conflagration. All you need is one little spark.

    If I were the senate, I would definitely leave the social media alone. I would rather focus on those things that can dilute the concentration of anger in those petitions we are so afraid of, such as reducing hunger on the streets, and providing electricity, water and housing. Trying to control the people’s mind, when the stomach is still roaming free on an empty tank, amounts to waking up a sleeping dog. Better to let sleeping dogs lie.

  • Between social-cannibalistic injustice and foundational justice: open letters to the President of the NBA and the AGF

    Between social-cannibalistic injustice and foundational justice: open letters to the President of the NBA and the AGF

    First Letter: Augustine Alegeh, SAN, President, Nigerian Bar Association

     

    Dear Senior and Learned Barrister Alegeh:

     

    This open letter to you will be very brief, even though the issues that I will discuss in the letter would normally take nothing less than a whole book, perhaps plus a three-day conference of patriotic lawyers and non-lawyers to adequately explore in all their ramifications. In The Punch of Thursday, November 26, 2015, you were reported as having tendered an apology on behalf of the Nigerian Bar Association to the Justices of the Supreme Court for criticisms that some members of the NBA had made of their Justices’ ruling in favour of Bukola Saraki’s lawyers’ suit for a stay of proceedings in the Code of Conduct Tribunal hearing of the Federal Republic of Nigeria (FRN) V. Bukola Saraki case. Even though I don’t need to remind you of the following fact I will do so, if only for rhetorical reasons: the whole country and perhaps large segments of the international community are closely following this FRN V. Bukola Saraki case.

    Undoubtedly, this national and international interest has to do with the fact that the accused person in the case is none other than the President of the Nigerian Senate. However, of far greater significance is the fact that many within and outside Nigeria see this FRN V. Bukola Saraki case as a test case which will give clear intimations of whether or not in the Buhari era and after the signing into law of the Administration of Criminal Justice Act of 2015 (ACJA), criminal cases involving accusation of colossal looting of public funds by highly placed politicians and public officeholders in our country can be expeditiously and successfully tried in Nigerian law courts. Again, even though I don’t have to remind you of this fact, I will do so: in the last sixteen or so years, expeditious and successful trials of Nigerian looters have for the most part taken place outside the country, hardly ever in Nigeria itself.

    I have said that I will be brief in this letter and I shall keep to my word. And so for this reason, out of the many issues that arise from the Supreme Court’s ruling in favour of Saraki in the case and your apology on behalf of the NBA for criticisms of their Justices’ ruling, I shall limit myself to only TWO issues. The first issue is the very idea, the very act of apologizing for criticism of a ruling – any ruling – of the Supreme Court by members of the NBA. The second issue is this: the very strong implication in your apology that despite the signing into law of the Administration of ACJA 2015, the NBA is of the opinion that the status quo remains and interlocutory appeals and stays of proceedings will continue to hold sway as operative principles of criminal justice in Nigeria. Let me now address each of these two issues with the brevity that the space of this newspaper column allows me.

    Dear Learned Barrister Alegeh, on your reported apology to the Supreme Court Justices, if you don’t know it, perhaps you need to be told in the full glare of public opinion that your apology has been generally and accurately interpreted as a neo-fascist declaration that any criticism of Supreme Court rulings amounts to justiciable contempt for the Justices of the highest Court in the land. As a matter of fact, prior to the tendering of your apology, Mr. J.B. Daudu, the leading counsel in Saraki’s defence, had publicly threatened to have anybody, lawyer or no lawyer, who criticizes the ruling of the Supreme Court in the case prosecuted for contempt!

    To say the least, this is very, very strange coming in a period that has presumably moved beyond rule by autocratic decrees, by the unquestionable judicial fiat of military dictators. At any rate, it is heartening that many senior and highly respected members of the NBA have condemned your apology and have stated clearly that you do not speak for them. And as a lay person in legal matters but an implacably fierce opponent of all manifestations of fascism in our evolving experiment in truly democratic and just political governance, I can tell you that to thousands of us outside the legal profession, your apology means absolutely nothing except an attempt to prevent discussion of the deeper implications of the Supreme Court ruling for the fate of ACJA in the Buhari era. This leads directly to the second of the two issues that I wish to raise in this open letter to you, Learned Barrister Alegeh.

    ACJA 2015: to be or not to be, that is the question. Your ‘apology’ and J.B. Daudu’s contempt threats are clear in their suggestion that ACJA or no ACJA, interlocutory appeals and stays of proceedings have come to stay in criminal cases in Nigeria. And it is on record that many members of the right-wing, opportunistic flank of “SAN” hegemons within the NBA have come out forcefully and gleefully in praise of the Supreme Court ruling and therefore in support of continuation of the status quo. However, it seems that a deep division exists within the NBA on this matter since most of those who have criticized the Justices of the Supreme Court are also highly respected members of the “SAN” hegemony. Furthermore – and this is absolutely crucial – even before the passing into law of ACJA, there had been innumerable indications that many highly placed members and institutions within the legal profession in Nigeria were deeply dissatisfied with the embarrassingly long and protracted delays in the trial of looters in the country. On this particular matter, I give only one example out of the more than a dozen that I could give if space permitted me. Here it is: At the 2014 National Conference, by a unanimous decision, the Committee on Law, Judiciary, Human Rights and Legal Reforms headed by Justice George Oguntade (rtd) recommended that a special anti-corruption court be set up that would do away with all the technicalities and niceties of conventional courts that delay and prolong the trial of looters in Nigeria.

    To conclude, Learned Barrister Aleghe, you do not preside over an NBA that is united in its opposition to the implementation of ACJA 2015! Thus, the question is: on which side are you? Here is another question, perhaps even more pertinent: under your presidency of the NBA, will Nigeria continue to be the ONLY country in the world in which interlocutory appeals and stays of proceedings to more or less permanently delay trial are admitted in criminal cases, especially where, without exception, all of the cases involve looters and money launderers?

    Second letter: Mallam Abubakar Malami, SAN, Minister of Justice and Attorney General of the Federation (AGF)

     

    Dear Mallam Malami:

     

    Not out of disrespect but due to the fact that the open letter above that I address primarily to the NBA President was also intended for your due consideration, my letter to you will be even shorter and more to the point than the letter to the NBA President. Before going into this letter, with its conditioned and inevitable brevity, permit me to congratulate you and wish you well in your duties as the Attorney General of the Federation in an administration that many in our country and the world expect to be defined, almost above every other achievement, by its successful prosecution of the war against corruption. As the cabinet minister that will organize and prosecute the legal front in this war, you perhaps need to be reminded that the corruption you will face is the mother and the father of all corruption whose larger-than-life scale lies precisely in the fact that for far too long, it has found an almost impregnable breeding ground in the law! Thus, it is nothing short of a social-cannibalistic corruption that consumes not only a large part of our national wealth and assets, but the very lives of the vast majority of our peoples who, through this seemingly invincible corruption, are forced into lives of easily avoidable poverty and insecurity, not only for themselves, but for their children and children’s children. That is if, Heavens forbid, you/we lose the war!

    Dear AGF, in the year 2001, the Hon Justice J. Fabiyi made a declaration that I wish to bring to your attention. By the way, this is the same Justice Fabiyi that acted as the presiding justice in the Supreme Court ruling two weeks ago that granted a stay of proceedings in Bukola Saraki’s favour in the FRN V. Bukola Saraki case. Here is the extraordinary declaration that the learned justice made in the case Ekwenugo V. FRN (2001):

    “Nigerian judges do not operate in utopia. We operate in Nigeria. And no Nigerian judge can claim that he has not heard that Transparency International rates our nation-state as the most corrupt in the whole universe in the year 2000”.

    Echoing these words of Justice Fabiyi from the year 2000, I assert that no Nigerian judge, no Nigerian lawyer today can claim that he or she has not heard that Nigeria is the only nation-state in the whole universe where interlocutory injunctions and stays of proceedings are applied in criminal cases – and only in criminal cases pertaining to looters and money launderers. Dear Mallam Malami, under your tenure as the AGF, will this anomalous distinction, this national badge of judicial aberration continue to apply to our country exclusively among all the countries in the world?

    As I said, this will be a very brief note to you. For this reason, let me end on the following reflections around the currently raging controversy within the NBA concerning the implementation or conversely, non-implementation of the Administration of Criminal Justice Act of 2015 (ACJA). There is a deep division within the NBA on this question. Many radical and highly influential senior advocates have spoken out for the implementation of ACJA. Needless to say, I am on their side, as are indeed the vast majority of thinking, literate and patriotic Nigerians. But as indicated in the letter above to the NBA President, quite a number of senior advocates in the professional legal community have applauded the ruling of the Supreme Court that seemed to have killed or invalidated key provisions of ACJA. I am of course not a member of the NBA, but my guess is that for the most part, those who are struggling for the non-implementation of ACJA are those among the “SAN” elite of the legal profession who for a long time have been beneficiaries of the status quo that saw Nigeria emerge as the only country in the world where interlocutory appeals apply in criminal cases, the only country in the world where looters are far more successfully prosecuted abroad than in Nigeria itself for the same crimes. As the saying goes, charity begins at home. As the new AGF, you have no choice but to throw your weight behind the implementation of ACJA – if the Buhari administration hopes to convince the outside world that the legal battles against looters will be won, not only abroad but also at home.

    May you find the wisdom, the astuteness and the courage to deal with this challenge!

     

    Biodun Jeyifo

    bjeyifo@fas.harvard.edu

     

  • Dasukigate and other affairs

    For a little while longer, Nigerians will be entertained by stories of President Buhari’s anti-corruption war. There is little else, regrettably. Whatever news will come from the economic front will in the near term be about factory closures, layoffs, unavailable foreign exchange, huge inventory, and generally sad and depressing news. Perhaps when the ministers finally settle down, some of them deployed in ministries they despise, they will give Nigerians sweet bones to chew. So far, however, the diet is a simple, single one: anti-corruption, which is supposedly all-important and all-embracing.

    At the centre of that news is Col Sambo Dasuki (retd.), the cancer-stricken former National Security Adviser (NSA). He had previously been interrogated for arms possession and money laundering, and then charged in court. But he was granted bail to attend to his health in a foreign country. Almost immediately, he was blocked from traveling in what some PDP faithful described as persecution, and then later rearrested and again interrogated. This second round of investigation and interrogation has allegedly produced startling facts about how the treasury was looted via an arms deal totalling over $2bn. More disclosures are on the way.

    As a recent ill-motivated Washington Times article written by Bruce Fein on November 18 shows, the Buhari presidency must nonetheless be wary of fighting the anti-corruption war in such a way as to lose both the domestic and international publics. It is undisputable that the scale of the thievery undertaken by some former government officials is staggering, with for instance some N2.1bn paid to a television mogul for publicity. There is therefore need for full investigations and where necessary prosecution. But it is also time for the government to mind the way the war is being waged as well as begin urgently to focus on the other affairs of the country. The country’s ailing economy and society cannot be put on hold because corruption is being fought.

  • On the march again

    On the march again

    Lagos records giant strides in security, roads and transportation

    Unlike the Babatunde Raji Fashola administration which took over in Lagos in 2007, the incumbent Governor of Lagos State, Akinwunmi Ambode, did not have an early start in governance. Fashola’s successor, Asiwaju Bola Ahmed Tinubu (perhaps drawing from his own experience when he was assailed by a barrage of criticisms in the early months of his administration for not hitting the ground running), deliberately left some projects that it should have commissioned for the Fashola government. Prominent among these was the Bus Rapid Transfer (BRT) project which has now become a toast of many Lagosians and is contributing its own quota to the transportation sector in the state. Fashola could only have conceived the idea of BRT, concluded and commissioned it in less than a year after being sworn if he was a miracle worker!  The same was true of some roads that he opened shortly after assuming office. Of course it was obvious to the discerning that the Fashola administration could not have been the architect of those projects which it commissioned a few months after its inauguration.

    However, the Ambode government did not have such privilege. It was therefore not long before Lagosians began clamouring for action from the governor, barely four months after his inauguration. Obviously mindful of the criticisms that Fashola received over some of his policies which some Lagosians saw as draconian, Ambode must have decided to bid his time, in the expectation that people would be rational in their behaviours in public and act with due consideration for others. Unfortunately this assumption turned out to be misplaced as rats no longer cried like rats in the state and birds no longer cried like birds.

    Examples abound to support this position. One was the roads where ‘danfo’ drivers and others simply became law unto themselves, especially after what they considered a directive from the new governor giving them such liberty for licence. The Lagos State Traffic Management Authority (LASTMA) officials who should direct affairs on the roads too went to sleep, or at best looked the other way when traffic laws were breached with impunity on account of this same obviously misinterpreted directive. The result was the return of gridlock and insanity to the roads, with the usual lawless ‘Okada’ riders not left out in the ensuing bedlam.  Oshodi, for instance, returned to its inglorious past and one could spend 40 minutes from Cappa Bus stop in the area to under the bridge, a distance of about one kilometre! After Ambode’s riot act, this has reduced greatly to 10 to 15 minutes. It should be sustained.

    Matters were not helped by the armed robbers and other miscreants who took advantage of the governor’s simplicity to unleash terror on the citizens. Ikorodu was hard hit by the activities of the hoodlums who struck in the town twice within three weeks in June, robbing four banks, killing and maiming in the process. We also had incidents of fuel tankers falling and spilling their content, with attendant loss of lives and property, especially immediately after the inauguration of the new government. Not to forget the activities of the same fuel tanker drivers who incessantly made the Apapa axis of Lagos a no-go area. Of course there were also roads begging for attention, especially with the rains creating craters in them.  Naturally, the same people who were complaining of Fashola’s high-handedness when he came up with some of the policies that restored sanity in the city began to ask what the new government was doing.

    Mercifully, the inertia, perceived or real, that some people have been complaining about appears to be giving way with recent developments in the state, particularly in the last three weeks. One major area (at least as it affects me as a Lagosian) is the reconstruction now ongoing at Capitol Road in Agege. I had looked forward to the day this would be done and so, when I eventually saw construction equipment there about three weeks ago, I literally leapt for joy. The Fashola administration it was that wetted people’s appetite and raised hopes on that road when, some years back, it began the construction of drainage on it. But since then, the road was abandoned for whatever reason. Now, it is not just being rehabilitated, it is being done at a speed one could hardly have imagined.

    I am always touched by ‘tokenisms’ from government, particularly when such touch the lives of many in the areas inhabited by the poor or the middle-class. I celebrated Arigbanla Street also in Agege, Lagos, on this same page when the Fashola administration decided to tar it in response to the floods that usually seized the street and its adjoining areas. Before then, people living in that area always had their hearts in their mouths whenever it rained or was about to rain. Indeed, ladies who used to fold their skirts then to the point that you did not have to bend down to know what they had under would not forget that it was Fashola who saved them from that perpetual embarrassment.  I see whatever it was that worked for Fashola on Arigbanla Street working several times over for Governor Ambode when the rehabilitation of Capitol Road would have been completed. Unlike Arigbanla Street, Capitol Road rehabilitation cannot be seen in the light of tokenism. It is a major artery for many Lagosians, including the millions in Egbeda, Ikotun, Idimu, Agege, Iyana-Ipaja and the Lagos-Abeokuta Expressway, among others. Even as the road is yet to be asphalted, grading alone has reduced travel time there significantly.

    Still on transportation, Governor Ambode commissioned the Mile 12 – Ikorodu BRT extension and formally flagged off its operation with about 438 buses on November 12. Whilst one may agree with the governor that the new deal would bring comfort and convenience to commuters in the state and Ikorodu residents, as well as those who use the road to connect other areas, the state government should pay more attention to water transport in the Ikorodu axis. I know of some big men who travel by ferry from Ikorodu to work on the Lagos Island daily and they have been giving fascinating reports about their experience. The state government should expand the ferry services, the parking space and other facilities at both ends to encourage more eye-brow customers to patronise the ferry services.

    The other major area that has seen some significant attention in the last three weeks is security. The governor, just last month, handed over 100 4-door salon cars, 55 Ford Ranger pick-ups, 10 Toyota Land Cruiser pick-ups, 15 BMW power bikes, 100 power bikes, Isuzu trucks, three (3) helicopters, two (2) gun boats, 15 armoured personnel carriers, revolving lights, siren and public address system, vehicular radio communicators, security gadgets, including bullet-proof vests, helmets, handcuffs, uniforms, kits and improved insurance and death benefit schemes to the police and the Rapid Response Squad at a total cost of N4.765bn.  The governor advised the police at the handing over ceremony that Lagosians would no longer accept excuses for security lapses. I want to respectfully add that the police should handle the vehicles and equipment with utmost care. Ambode’s message to the dare-devil criminals who might have been hopeful of having a merry Christmas and happy new year now by making others who genuinely acquired their property weep is to look elsewhere or risk meeting their waterloo.

    It can only be hoped that the ante would at least be sustained if not upped because of the state’s strategic importance. As the country’s industrial hub and a mega-city, it must be seen to be on the move all the time.

     

  • Is fuel subsidy ideologically inevitable?

    Is fuel subsidy ideologically inevitable?

    For example, the federal government can use the money spent on fuel subsidy to pay for such services as free education, free meals for school children, free health for the poor, social welfare checks for the poor, and free adult education for the poor. 

    Ade Alabi was sick in a village near Ibadan during the first fuel scarcity this year. His neighbour had a car and was willing to take Ade to the nearest primary health centre. Unfortunately for Ade, the raging fuel scarcity at the time prevented his neighbour from having petrol to buy, even though he was ready to pay the prohibitive price of N150 per litre charged by Black Market sellers of petrol in the village.  All efforts to take Ade to the hospital on his own okada proved futile. There was no rubber hose to transfer petrol from Ade’s okada into the car of his neighbour. Even though Ade had a brother who could ride okada, his brother was just as big as Ade. It was not possible to have both brothers on the okada with a third person to prop Ade up on the way to the clinic. While the entire village was thinking about how to get Ade to the hospital, the poor man slumped and died, leaving behind a wife and three children.

    The story above illustrates the danger (to the poor in particular) inherent in the insistence of self-defined socialist ideologues (in and outside the trade unions) on the religiosity of keeping fuel subsidy on account of protecting the poor and workers from avoidable exploitation by a government that is hardly capitalist but palpably thievish.

    Many cases being made in the traditional press and the social media in support of cancelation of fuel subsidy in the country. Some pundits base their position on evidence of corruption in the handling of the subsidy scheme, citing examples of revelation of irregularities in various reports of committees established to probe the country’s subsidy scheme. Examples of financial irregularity are drawn from Farouk Lawan Committee’s Probe in 2012. This report claims that N232 billion on subsidy was paid to marketers for PMS in 2011 for fuel that was not supplied. The same committee also established that, contrary to the claims of marketers that 60 million litres was imported for each day in 2011, only 31 million litres per day was accounted for.

    Some commentators focus on the Nuhu Ribadu Probe in 2012 to argue for cessation of subsidy on the ground of lack of transparency. They draw attention to the report that NNPC deducted subsidy-related expenses before payment to the Federation Account in 2011. This group argues that NEITI’s audits from 1999 to 2011 also confirmed that NNPC deducted a total of N1.40 trillion for subsidy. Similarly, the Presidential Committee on Verification and Reconciliation of Fuel Subsidy (2012) is cited by anti-subsidy commentators to illustrate that 197 subsidy transactions worth N229 billion were illegitimate and that actual expenditure on subsidy was higher in the same year than appropriated sums for fuel subsidy.

    Economic thinkers of the free market persuasion also argue that natural resources are finite and attract largely time-limited revenues, more so if such resources are sold in the international market where the exporting country has no control over price stability. This group posits that it is not rational for any government to prefer fuel subsidy for citizens across the social spectrum to promoting sustained inclusive economic development through investments that can have multiplier effects on sustainable empowerment schemes for the underprivileged. This group calls for an end to fuel subsidy which its spokespersons believe to be a non-sustainable way of allocating natural resource revenues.

    On the other hand, trade union leaders and self-defined advocates of the poor argue passionately in favour of continuing with fuel subsidy. The trade union’s claim includes the need to view fuel subsidy as a non-negotiable poverty-alleviating policy. This school of thought calls on government to accept the need to make every Nigerian enjoy the fruits of a natural resource that under a unitary system of government is viewed to belong to the entire country, regardless of the damage the exploitation of such natural resource does to the economy and ecology of the communities in which such resources are located.

    Another line of thinking within this group is that underpaid workers, poor, and unemployed citizens need fuel subsidy to mitigate the knock-on effect of their poverty. The same group also argues that it is unfair for the federal government to stop fuel subsidy until the government is able to create the type of transportation infrastructure that exists in more developed countries, where fuel subsidy is discouraged as a policy. They add that the government must repair existing refineries and construct more to bring the price of refined petrol for domestic consumption down to the point of making fuel subsidy unnecessary. The Jonathan government accepted the thinking of labour leaders by creating another bureaucracy, Sure-P, to pacify workers and labour leaders, after agreeing to peg the price of petrol at N97 per litre. Just like the subsidy scheme itself, it did not take a long time for Sure-P to become another trick to occlude financial mismanagement by the country’s venal political elite.

    The position of trade union leaders and believers in social democracy appears unassailable. In a country where there are not many social assistance programmes for citizens at the bottom of the economic ladder, there should be nothing wrong with calls for special assistance to the unemployed and underpaid workers. In terms of fine ideological thinking, trade union leaders and their social democratic supporters are making respectable arguments. But the hard question that needs to be asked and answered by radical social and economic thinkers is whether fuel subsidy is the best way to assist the poor in our country.

    Despite the social democratic credentials of this author for over half a century, I do not believe that there are no better ways to assist the poor than the current fuel subsidy that is as enmeshed in the culture of political and bureaucratic corruption as it can ever be in any human space. In a country in which political parties do not openly embrace any noticeable form of social democracy, just as in countries such as Canada, Denmark, Finland, Ireland, Netherlands, New Zealand, Sweden and Norway, where social democracy is a fact of life, there are hundreds of ways to assist the poor without having to attempt to pay some of the cost of fuel for them. In these social democratic systems, the line between the middle-class or middle-income and low-income groups is made clear when policies of social assistance are being crafted. It is not so in the case of Nigeria’s fuel subsidy scheme, which allows upper-middle class professionals to enjoy fuel subsidy that should have been reserved for the underprivileged.

    The argument that fuel subsidy in Nigeria is to protect the poor is spurious. Out of the 145 vehicles per 1,000 citizens in Nigeria, 85 of them are cars belonging to middle-class members of the society. It is not an exaggeration to say that it is the car-owning middle-class citizens that benefit largely from fuel subsidy. If indeed fuel subsidy assists the low-income and the unemployed, it is not to the extent that it benefits the middle-class. Definitely, there are better ways to assist the poor and the under-paid.

    For example, the federal government can use the money spent on fuel subsidy to pay for such services as free education, free meals for school children, free health for the poor, social welfare checks for the poor, and free adult education for the poor. In addition, poor citizens can be given social welfare support that they can use to pay for market price of petrol. Furthermore, trade unions can insist that the existing refineries be sold to workers for one dollar each so that workers’ cooperatives can manage the refineries. The federal government can put the matter of removal of subsidy to a referendum to determine what majority of citizens want, as opposed to what paid representatives of labour prefer. Without doubt, if Ade Alabi, referred to at the beginning of this piece and his relations, had been given a chance to vote Yes or No in a referendum on removal of fuel subsidy, all of them would have voted Yes, in hopes that the Ade Alabis of Nigeria can be taken to the hospital before it is too late.

    President Buhari and his team should pluck the courage to address this albatross around the neck of the nation.  They should take time to conduct rigorous research on the number of citizens who are poor and thus need social assistance. Even if such people need to get more than N5,000 a month, the federal government should plan to assist such people, so as to free the country from the chains of fuel subsidy barons in and outside government. In addition to initiating many direct social assistance programmes for the poor, the federal government should use the money from the federation account (currently used to pay subsidy charges) to assist the poor in ways that those assisted can use the social assistance funds to solve the problems most important to them.

  • Kogi poll: INEC, APC flounder

    Kogi poll: INEC, APC flounder

    After delivering a devastating message on politics and politicians two Saturdays ago, Kogi State voters were expected to follow through with a tutorial to the country on how best to manage an electoral conundrum consequent upon both the death of one of the candidates in the election and lack of constitutional clarity. Alas, just when it mattered most, they wilted. But whether the wilting was caused by a lack of political depth or lack of principles is hard to say at the moment. By a substantial margin of 240,867 votes to 199,514 votes, the Kogi electorate had given the All Progressives Congress (APC) ticket of Abubakar Audu and his running mate, Abiodun Faleke, a commanding lead over the Peoples Democratic Party (PDP) ticket of Governor Idris Wada and his deputy, Yomi Awoniyi. Some 41,300 votes were said to be outstanding, nearly half of which were cancelled or unlawful votes that had no business being regarded as outstanding. The rest of the votes had not been cast at all. Out of the 41,300 votes potentially left to be cast, sources within INEC had indicated that approximately 25,000 were backed by permanent voter cards (PVCs).

    By any mathematical proposition, the real (as opposed to the registered voters) outstanding votes could not exceed the number of PVCs collected in the 91 polling units spread across some 18 local government areas of the state. But it was this elementary and unvarnished fact that INEC mystified to declare the Kogi governorship election of November 21 inconclusive. It was this electoral shenanigan that also put the otherwise thoughtful APC at sixes and sevens, its thinking process paralysed. And it was this bald reasoning incorrectly deduced from uncomplicated facts and figures that the state’s ethnic groups and senatorial districts seized upon to return to their atavistic past.

    Kogi State has sadly become a riddle. It defied all speculations, as this column hoped and foretold, to vote Prince Audu, using their head rather than their heart. The PDP reminded the electorate that Prince Audu was corrupt, having been dragged by the EFCC to court for allegedly embezzling or misappropriating more than N10bn of the about N20bn the state collected as statutory allocation in his four years in office. But Kogites ignored the rambling narratives of the PDP and the shoddiness of the EFCC, recalling in contrast that the two PDP governments which succeeded Prince Audu in 2003 to 2015 collected more than N500bn and had nothing to show for it. President Muhammadu Buhari had also remorselessly declined to attend the campaign rallies of the APC in both Okene town and Lokoja. But Kogites simply sneered at the hidden meaning of the president’s absence, and embraced both Prince Audu and his party the more. Then many armchair commentators and analysts finally weighed in and without real evidence predicted that either Prince Audu would lose or the election would be too close to call. This column wondered where they got their facts, for the objective reality on the ground favoured Prince Audu and Hon Faleke by an undisputed margin.

    In the end, the APC ticket swept the poll taking 16 local government areas to PDP’s five. Its lead, at the time INEC declared the election inconclusive, was unassailable and incontestable. INEC’s decision to hold a supplementary election and accept a substitute APC candidate are gratuitous and legally and logically unsustainable. INEC, speaking in sync with the Attorney-General, Abubakar Malami, ordered a supplementary election in the affected 91 polling units for December 5, and the replacement of the late Prince Audu. In their opinion, though the law does not explicitly provide for this scenario, an extrapolation had to be done to solve the exigent riddle. Banking on the correctness of the INEC and AGF positions, Prince Audu’s political associates from Kogi East senatorial district indicated unanimously that they would want the APC to allow Prince Audu’s son, Mohammed, a barrister, to replace the late candidate. They offered no precedence, nor suggested why they thought such monarchical disposition would bode well for a state like Kogi brimming with experienced and ambitious politicians across all political parties and from all senatorial districts, including Prince Audu’s Kogi East. If the APC should decline to put the younger Audu forward, as indeed it has done, then whoever wins the final ballot would be impeached, they threatened.

    Unprincipled and vacillating, Kogi PDP leaders have also seized upon INEC’s missteps to lampoon both INEC and the AGF, and have called for INEC to declare Governor Wada winner in the absence of Prince Audu. By their strange logic and science, they have delinked Hon. Faleke from the APC ticket. Their strange knowledge of the law in the PDP does not debar them from the sinister request of openly and grotesquely undermining the law and opening themselves to general ridicule. Kogi East, which produced Prince Audu, is also anxious to sustain their hegemony rather than recognise the inviolability of the shifting dynamics of Kogi’s electoral politics.

    However, of all the subterfuges that followed the death of Prince Audu and INEC’s declaration of the election as inconclusive, the most baffling comes from the APC itself. The party was expected to recognise clearly the victory the Audu/Faleke ticket afforded it. It was also expected to defend the victory and, in line with the relevant provisions of the law, anchor a campaign to compel INEC to declare the election conclusive, resist candidate substitution (with the attendant implication that someone else could unlawfully inherit the APC votes), and champion the moral rebirth of the country by using the Kogi impasse to sanitise the crass ethnocentrism, sectarianism and troubling power games inundating and undermining the peace and stability of Nigeria. Instead, the party paradoxically appeared eager to fritter the hard-won victory of November 21, and more enthusiastically pander to primordial politics. They have settled for Yahaya Bello, who was runner-up to Prince Audu in the state’s governorship primary. It unfathomably makes sense to the deep minds of the APC that a stranger to the Audu/Faleke ticket would be made to benefit from the electoral success of November 21 and 22. Mr Bello, like the Speaker of the House of Assembly and the Chief Justice, are Ebira from Kogi Central, the Igala’s worst enemies.

    The APC’s National Working Committee (NWC) is reportedly bitterly divided over the Kogi stalemate, and though it finally but heedlessly settled for Mr Bello as the substitute candidate, that division will not only refuse to abate, it is an ugly indication of the fissures, riotous politics and volatile fault lines in the ruling party. APC, it is clear, is not what it is cracked up to be. Judging from the crises that have engulfed it since May when it took office in Abuja, it appears to lack discipline, cohesion, character, and now reason. Having got off on the wrong foot nationally, and in the process trivialised governance, the party does not appear to possess the integrity and sound judgement necessary to build a great and enduring party, nor to rule a complex and increasingly challenged country. Its reasoning on the Kogi stalemate is horrifying and appalling. If they are unable to inspire the country by a brilliant solution to the Kogi crisis, how can they be trusted to midwife real and visionary change? How can they be relied upon to build a new social and political order for the country? Given their amateurish approach to the Kogi crisis, and the elevation of intra-party competition above justice and fairness, perhaps with an eye on 2019, could the country expect them to tackle major political and legal challenges with fortitude, dispassion and brilliance? On the Kogi crisis, the APC has behaved appallingly by turning itself into a party without depth, without reason, without a core, and without a soul. It needs to urgently rediscover itself if it is not to self-destruct, if it is to arrest the imminent disintegration the struggle for power within its ranks is making inevitable.

    The balance of opinion and the weight of informed legal interventions in the Kogi impasse are decidedly in favour of enabling Hon Faleke to embody the victory wrought by the APC two Saturdays ago, as the two boxes below show. If INEC will not reverse itself but would prefer the courts to adjudicate, the APC must be clear-headed enough not to submit to the messy ethnocentrism and sectarianism complicating the Kogi stalemate. Grafting Mr Bello from Kogi Central onto the APC governorship ticket, as they have done, is legally and morally unsustainable and certain to complicate the state’s political dynamics as well as exacerbate the grief of Kogi East. It is now certain that the frustrations of those who looked up to the APC for real change are set to grow, compounded by the party’s dithering at the national level, the amateurishness it is manifesting in Kogi, and the obvious lack of motivation, purpose, direction and grit evident in its actions so far. More and more, the electorate will begin to fear that nothing is holding the APC’s centre together, that it is drifting, and that it may end up a flash in the pan. It may be okay to see and worry about the intensity of the Kogi crisis; but it is even more apposite to see the Kogi stalemate as a barometer of the weaknesses and lack of cohesiveness of the APC, and of the impending disaster staring the party in the face.

  • Wole Olanipekun writes INEC on the conundrum

    Wole Olanipekun writes INEC on the conundrum

    …(I) The election to the office of Governor is regulated by sections 178 and 179 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), while nomination to the office is regulated by section 187 of the same Constitution. Our client believes that election to the office of Governor of Kogi State had been conducted and completed in accordance with the provisions of the Constitution…With much respect to INEC under your very distinguished chairmanship, the reasons given by (NEC for declaring the election as inconclusive are alien to the Constitution and, therefore, unconstitutional. With further respect to INEC, cancellation of election results by it cannot be a ground 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…

    (II) May we 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 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. We want to believe that INEC is not unaware of binding decisions of our appellate courts on this issue. Furthermore, by the provision of section 181 (1) of the Constitution, our client, who was the deputy governorship candidate or the associate of Prince Abubakar Audu at the already concluded election constitutionally and automatically becomes the governor-elect of the State. With much respect, INEC has no discretion in this matter. May we advise, most humbly, that INEC should not confuse this situation with what is intended in section 33 of the Electoral Act because the situation on ground has nothing to do with changing or substitution of the name of a candidate before election. In fairness to INEC, it had already announced the results of the election, and, as at the time it so did, it honestly claimed ignorance of the death of Prince Abubakar Audu.

    (III) In law and logic, no new candidate can inherit or be a beneficiary of the votes already cast, counted and declared by INEC before that candidate was nominated and purportedly sponsored. Assuming without conceding that INEC is even right to order a supplementary election, the votes already cast, counted and declared on Saturday and Sunday, 21st and 22nd November, 2015 were votes for the joint constitutional ticket of Prince Abubakar Audu and our client. Therefore, no new or ‘supplementary’ candidate can hijack, aggregate, appropriate or inherit the said votes. Assuming further, without conceding, that supplementary election in 91 polling units can hold as being suggested by INEC, it is our client who should be the automatic candidate of the party, since APC cannot conduct primary election for the supplementary election in 91 polling units…

     

    Excerpted from Chief Wole Olanipekun’s letter on behalf of Hon. Faleke to INEC chairman

  • Interlocutory Appeals Unlimited Nigeriana:  Has the Supreme Court killed the Administration of Criminal Justice Act of 2015? No!

    Interlocutory Appeals Unlimited Nigeriana: Has the Supreme Court killed the Administration of Criminal Justice Act of 2015? No!

    Interlocutory appeal (or interim appeal): in the law of civil procedure, an interlocutory appeal is an appeal of a ruling by a trial court that is made before all claims are resolved as to all parties.
    Dictionary.com (Online)

    War is too important to be left to the generals. Politics is too important to be left to politicians. And law is too important to be left to lawyers and judges.
    A mélange of quotes from many sources

    This past week, the Supreme Court of Justice of the Federation seating in Abuja made a ruling in which the honorable justices granted a stay of proceedings pending the determination of an interlocutory appeal by Bukola Saraki’s lawyers in the criminal action brought by the Federal Republic of Nigeria (FRN) against the Senate President in the Code of Conduct Tribunal, Abuja. By that act, it would seem that the Supreme Court has more or less killed the Administration of Criminal Justice Act of 2015 (ACJA) that was passed by the 11th session of the National Assembly and signed into law by the former president, Goodluck Jonathan, on May 13, 2015. This is because in at least two of its clauses, 306 and 396 respectively, ACJA had completely banned the invocation and use of interlocutory appeals and stay of proceedings to prolong criminal cases in the law courts of the land. Since the Justices of the Supreme Court cannot claim to be ignorant of ACJA and its explicit ouster of interlocutory appeals in criminal cases in Nigeria and since as a matter of fact, the provisions of ACJA have not been successfully challenged before the Supreme Court or indeed any other court in the country, the question arises as to whether or not the intent of the Supreme Court is to kill ACJA even before it begins to be implemented in our law courts.

    My frank answer to this question is I do not know; I cannot read what’s in the collective mind of the learned justices of the highest court in the land. But having made that admission let me now declare as vigorously as I can that the Supreme Court cannot and will not kill ACJA. ACJA has come to stay in our country and it is far beyond the power of the Supreme Court to block the cleansing and modernizing role it has come to play in our criminal justice system. Another way of stating this is to declare that History and Justice and Rectitude are on the side of ACJA and history all over the world has proved again and again that no supreme court can in the end stand against the tide of history. Since I am neither a lawyer nor a Pentecostal prophet, what is the basis on which I am making these ringing declarations? This question requires an explanation.

    In furtherance of that explanation, first a gloss of the word “Nigeriana” in the title of this piece which I intend to be a vigorous critique of that decision of the Supreme Court on the Saraki V FRN case. Here is the explanation: “Nigeriana” is a borrowing from Biology – or more specifically Botany – which implies that the thing or object indicated is native to Nigeria and no other country in the world. In this case, as strange as it may seem to anyone reading this piece, interlocutory appeals in criminal cases collectively constitute a legal procedure that is native to Nigeria and no other country on the planet. In other words, in every other country in the world, interlocutory appeals to prolong court cases apply exclusively to civil cases. Moreover, as the definition of this legalistic term demonstrates in the first of the two epigraphs to this piece, interlocutory appeals are, in nearly all the other countries in the world, intended to be “interim”, temporary. Only in Nigeria do they become so prolonged, so unbounded in the months, years and even decades in which they are perpetually invoked in the same case that they have more or less become temporally unlimited.

    One more word of explanation: in virtually all instances, this uniquely Nigerian aberrant form of interlocutory appeals is available not to any Tom, Dick and Harry charged with criminal offences in Nigerian courts; they are a special privilege available only to politicians and public officeholders accused of looting vast, humungous sums of money from our national coffers. As a matter of fact petty criminals and underclass felons in Nigeria typically face terribly inhumane and unjust treatment in our law courts. When trials of this class of poverty stricken Nigerians take long – as they indeed quite often do – it is not because interlocutory appeals have been invoked on their behalf; it is quite simply because they are forced to languish in prison for months and years before their cases are brought for trial on account of the great backlog of cases awaiting trial in Nigerian courts.

    Since I am not a lawyer but an academic whose professional field is literary and cultural studies, it is perhaps necessary for me at this point in the discussion to echo the words of the second epigraph to this piece: war is too important to be left to generals; politics is too important to be left to politicians; and law is too important to be left to lawyers and judges. Nonetheless, it so happens that I do indeed have a professional basis for daring to dabble in a discussion of this legalistic term, interlocutory appeals. From my training and background in cultural theory, I can explain that interlocutory is derived from interlocutor which itself is derived from the combination in Latin of two words, “inter” which means between and “loqui” which means to speak. From this, we get the meaning of the word interlocutor: a person who speaks between and among other speakers; a person who takes part in a conversation or dialogue. In other words, in the English language as much in its Latin roots, an interlocutor is only a participant in a dialogue in which, as a matter of fact he or she is never the major participant. This is why in its legal reformulation as interlocutory appeals it was never the intention for it to take over, dominate and endlessly prolong cases into which it is introduced by one of the parties. Also, this is why even as interim and provisional as it is meant to be, interlocutory appeals are rigorously restricted only to civil cases and never to criminal cases since, as everyone knows, it is perilous for victims in particular and for the society as a whole to delay or prolong the trial of criminals.

    At this stage, let me now inform the reader why I have taken this long in this piece to establish my professional qualifications – such as they are – to engage in a decision of the Supreme Court whose ramifications have thrown even members of the legal professional into a raging controversy. Indeed, this controversy among the lawyers is so acrimonious, so fraught that nearly every member of the profession now speaks and writes with the fear of being indicted for contempt of the highest court in the land. One reason for this is the fact that with great bellicosity, Saraki’s lawyer in the case, Mr. J. B. Daudu, SAN, has threatened to have any lawyer that henceforth dares to criticize the ruling of the Supreme Court in the case prosecuted for contempt. And in a similar but perhaps more odious and ominous vein, for and on behalf of those who had already negatively criticized the Supreme Court before Mr. Daudu’s anathema, the President of the Nigerian Bar Association (NBA), Mr. Austin Aleghe, SAN, has tendered an unreserved apology to the Justices of the Supreme Court.

    One consequence of these acts of intimidation by very senior and powerful members of the legal profession can be seen in the fact that only a handful of brave and hardy souls in the profession are speaking up forthrightly against the Supreme Court’s invalidation of the ban on interlocutory appeals and stays of proceedings in the Administration of Criminal Justice Act of 2015. I have not the slightest doubt that this was in fact the intended consequence of Saraki’s lead counsel, J.B. Daudu and the NBA President, Austin Aleghe in their presumed defence of the Supreme Court’s war on ACJA. But Daudu and Aleghe and others like them (e.g. Olisa Agbakoba) will not prevail in this struggle, especially outside the ranks of the membership of the NBA in particular and the legal profession in general. The credibility, the success of the war against the excesses and the impunity of corruption to which the new administration of Buhari has dedicated itself to the hearing of the country and the whole world rest fundamentally on the retention and implementation of the provisions of ACJA. And threats of prosecution for contempt of the highest court in the land will not silence those who fought for the enactment of ACJA.

    Let us hope that the Supreme Court will somehow find a face-saving way to reverse itself on its ruling that interlocutory appeals are still valid judicial principles in criminal cases in our country, against the explicit provisions of ACJA that stipulate that they are no longer valid in the Nigerian criminal justice system. In other words, if the Supreme Court does not find a way to redeem its ideal image as a chamber of justice for all and not just for the few that have bled the country dry, we will start all over again for enactment of a new and more invincible version of ACJA! Finally, how long can this Supreme Court – or any other that comes after it – uphold Nigeria as the only country in the whole world in which interlocutory appeals operate in criminal cases? How long can we as a country endure the shame, the notoriety that come from the fact that criminal prosecution of our looters are far more successful in foreign lands than in the Nigerian judicial system?

     

    Biodun Jeyifo

    bjeyifo@fas.harvard.edu

  • On leave without absence

    On leave without absence

    There are different kinds of leaves, and some are more terminal than others. Some leaves terminate while others exterminate. For example, there is terminal leave before retirement, which is the Civil Service way of saying please leave and don’t come back. There is also sick leave, which is another way of saying that even though you are sick of it all, you are not about to leave. In America where you must earn your dime, a couple of sick leaves can earn you terminal leave.

    The reason for these loud ruminations should be obvious. After repeatedly failing to cadge a leave of real absence from the onerous responsibility of writing this column, snooper decided to ask the editor to put it about last week that this column was going on a short leave. But this was swiftly countermanded by the authorities. “Sir, the voice sweetly cajoled, how can you go on leave when so many issues are crying for attention?”

    Snooper had thought that it was the other way round, and that so many issues are already crying from the attention of the column. No column is exempt from the biases and prejudices that drive the columnist.  In a society riven by ethnic, religious, political and cultural animosities, column writing is often an agonistic contention with the columnist often reminding one of a bloodied gladiator in a coliseum.  The column often wields the heavy cane with a magisterial frown, but can itself be mugged severely in a counter offensive.

    The trick is never to obsess on a particular topic, a particular individual or particular groups. When you write repeatedly and adversarially on a particular topic or individual or groups, you come across as mean and vindictive; a tortured psychotic pursuing an unworthy vendetta. This is why snooper never returns to his vomit, no matter the provocation. The last word must never belong to those who utter the first.

    Yes indeed, there are so many issues crying for attention.  There is the stalemate in the senate, which has made it impossible for that hallowed body to exercise any moral or genuine political authority on developments in the nation. There is the legal logjam whereby so many writs and counter writs have virtually impaled justice and a just order in the nation. There is the worsening economic plight of the nation as President Buhari battles with the fallout of a burglarized treasury. There is the bogey of secession which is beginning to assume a nasty dimension in the eastern part of the nation.

    In the circumstances, the columnist has a stark choice. Either one goes on leave without absence, or on leave of presence or leave in absentia or completely AWOL which means Away Without being On Leave. In the military, this is often treated as desertion. In wartime situations, it is often met with summary execution.

    We have chosen to be on leave without absence, which means that for the next few weeks while the columnist is technically on leave, the page will be filled with articles from the past thirty five years written by the columnist which throws interesting light on the present. This morning, we start with a tribute to the great Nigerian intellectual and man of ideas, the late Stanley Macebuh , who showed what it takes to assemble a truly pan-Nigerian team which can shape and profoundly affect the cultural, intellectual and political destiny of the nation.