Category: Gabriel Amalu

By Gabriel Amalu

The state governors, trying to torpedo the implementation of the autonomy granted the state legislature and judiciary by section 121(3), of the 1999 constitution (as amended), has a poor understanding of history. With due respect, they are swimming against the national tide, and this column urges them to wake-up to the reality that Nigerians are disgusted with the state of affairs and want a change. But, let the governors who prefer to unlawfully control the legislature and judiciary own up, instead of attacking the legitimacy of Executive Order 10, issued by President Muhammadu Buhari, to implement section 121(3).

Bauchi State governor, Bala Mohammed, with an eye on history, has expressed support to the order issued by the president. In his words, “this is a welcome development with serious implication in terms of transparency and good governance. We are not afraid of doing things properly. The legislature is the most important organ of government, but during military era, it was suspended.” This is a clear reading of the historical development that gave undue advantage to the executive, which the governors are presently exploiting.

So, those who oppose the executive are merely afraid of transparency and good governance, as canvased by Governor Mohammed. They prefer the opaque accounting process, where the entire resources of the state are locked up in their private vaults, from whence they dispense state resources at their whims and caprices. The governors siting on the provision of Section 121(3) of the constitution, are those who want a pliable legislative assembly, so that state budgets are passed without any interrogation.

The governors who don’t want the implementation of section 121(3), are those who want a financially weakened judiciary, so that the Chief Judge, would knock on their doors, to buy the diesel, to keep the courts open. They are those who corruptly misappropriate the physical and fiscal resources of the state, and because the state judiciary is tied to their apron strings, no person would dare approach the courts for redress. The misguided governors are those who would treat other members of the executive, including the deputy governor, as office assistants, knowing that no kobo would be paid to anybody, they consider an enemy.

While this column has severally canvassed for the entrenchment of the principles of federalism in our famished country, it agrees with the president on his effort to enforce the implementation of section 121(3) of the constitution; since the governors had decided to play the ostrich over the provision. After all, the president swore to uphold the 1999 constitution, and if he puts any measure in place to ensure its implementation, I don’t see anything wrong with that.

Without doubt, since the amendment was signed into law, most of the governors have continued to pretend the constitutional amendment is of no consequence. Yet, section 1(1) of the constitution provides: “This constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the federal republic of Nigeria.” The sub-section 2, further provides that: “The federal republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provision of this constitution.”

So, on what basis, if not self-serving interests, are the governors dillydallying on the implementation of section 121(3) forming part of the constitution, which they swore to implement? It is unfortunate that the chairman of the Nigeria Governors Forum (NGF), Dr Kayode Fayemi, and his colleagues, who have been sitting on that provision of the constitution, have quickly consulted the lawyers amongst themselves, to tout the illegality of Executive Order 10; when these same ‘egg heads’ were dormant since the amendment was signed into law, and ignored by their members.

According, to Dr Fayemi, the president has agreed to delay the gazetting of the provision. He said: “After listening to the concerns of the governors about the constitutionality of the Executive Order, President Buhari agreed to delay the gazetting.” He sounded excited about the delay, as he further said: “We have a delegation of the governors’ forum here to discuss some matter of fundamental importance to the nation and the president has asked that we meet with the AGF, the Chief of Staff and the Minister of Finance, National Planning and Budget on the issue.”

So, in Fayemi’s priority list, Executive Order 10 deserves immediate attention, unlike the clear provision of section 121(3), which has been lying dormant, because the governors were lethargic to agree the terms of implementation with the federal executive.  The governors who want to behave like the lords of the manor, prefer to continue to treat the other arms of government, created by the same constitution that empowered them, as departments under their care.

For Fayemi, who is reputed to have a doctorate degree in strategic studies, his stance on the implementation of the provision of section 121(3), is an abnegation of strategic thinking. If he has an eye on history, he would encourage his colleagues to obey the constitution of our country, on this sticky issue. After all, in a few years, all of them would serve their terms, and become ordinary citizens, who need transparency and accountability in governance for the society to function.

They should therefore listen to the wise counsel of Governor Bala Mohammed, that: “We are exercising separation of powers among the three arms of government, knowing fully well that whatever comes into the coffers of government comes to the executive. But we need to deepen democracy by giving autonomy to other arms.” Of course, deepening democracy, is in the best interest of the country, after all, those who are governors now, would soon leave the posts and join the rest of us as ordinary citizens.

The governors who are presently in power now, should know that we are all losers when democracy is not deepened. When Sani Abacha, truncated the mandate of the President-Elect, M.K.O. Abiola, in 1993, did he know that he would end up ignominiously? Today, June 12, the day, Chief Abiola, was elected a president, has become the national democracy day, while Abacha, has become synonymous with infamy and disrepute. That is the march of history, and in a short while, Fayemi, and his co-travellers, would become history, willy-nilly.

Now, it is their choice, either to be remembered positively or derisively. What they do, while in office, would determine how they will be remembered. But of course, while they can tarry the match of history, inevitably the pendulum will swing off their hands.  As COVID19, has shown, nature has a malicious way of intervening, without recompense.

By Gabriel Amalu

Like corona virus, the incidents of rape in our country, Nigeria, is turning a pandemic, and it is high time the local, state and federal authorities rise up to the challenge.

Hardly any week passes, without a report of a rape incident. Sadly, in recent times, the rapists are no more contented with having unlawful carnal knowledge of their victims; they now go ahead to snuff life out of them.

The recent stealthy murder of Uwaila Omozuwa, an undergraduate of the University of Benin, has left the country numb. Omozuwa was raped and murdered in a church.

As if to rouse the country from the stupor of the bizarre murder of Omozuwa, a teenager, Barakat Bello, a student of Federal College of Animal Health and Production, Ibadan, was cruelly raped and murdered.

There are several other similar cases across the country, and unless the authorities, rise up to the challenge, our misguided youths may begin to treat rape as a fad.

Few days earlier, the commissioner for water resources in Kogi State, Abdumumini Danga, was accused of raping a woman, who sought succour from him, during the lockdown.

The lady, who apparently was running from the scourge of the coronavirus pandemic, may have run into a worse pandemic, allegedly hibernating in the groins of the commissioner.

While the commissioner has denied the allegation, he has not denied having sex with the woman. Perhaps, he will thrust forward later, the usual alibi, of engaging in a consensual sex, should the push come to a shove.

The worst of the worst, in the fast spreading cases of rape, is the rape of minors, by persons who are old enough to be their grandfathers.

In some disgusting instances, it is the biological fathers that rape their children. The madness, for that is what rape can be equated to, has also overtaken the sensibilities of misguided young men, who rape persons old enough to be either their mothers or their grandmothers.

Belabouring in misbegotten cultural and spiritual beliefs, some rapists ascribe the evil, to the quest for psychic powers.

Debating the rape and murder of Omozuwa, in the National Assembly, the members appeared enraged enough, at least on camera.

While some called for an amendment of the laws to gift the evil doers, death sentence as punishment, some others proposed that castration be entrenchment in our laws, as the punishment for rape.

Of note, the state assemblies whose members must buy into any proposed amendment of the punishment for rape, have not been reported to be as aggrieved as their counterparts in the National Assembly.

Perhaps they are, only they do not have the benefit of the klieg-light, like their counterparts in the National Assembly? If they are enraged, as they should, then they must rise up and amend the laws, to ensure that rapists receive the due comeuppance for their sins.

As I am wont to ask, why is it, that while rape cases are on the increase, the numbers of convicted rapists are not rising commensurately.

Of course, the challenge lies with the technical difficulty of proving rape, under the criminal laws, as well as the social stigma associated with being a victim.

So, the enraged lawmakers must portray their angst, by amending the criminal laws, to gift the country and the states, modern laws to protect the dignity of the womanhood.

While rape could be the summit of assault and abuse of the self-worth of a woman, there are lesser degrading, but equally unlawful misconducts against the sanctity of the person of a woman.

There are lesser offences, bothering on sexual harassment, like indecently touching a woman, or saying things that impugn her dignity.

While the debate ranges about what is considered appropriate punishment for the despicable act of rape, the procedural requirement of proof, continues to remain a nightmare for the victims and the prosecutor.

Two of such requirements is to “prove penetration” and the “requirement of corroboration.” One such provision, is section 218 of the criminal code, applicable to many states in the southern Nigeria.

It provides: “any person who has unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony, and is liable to imprisonment for life, with or without whipping.”

It further provides: “any person who attempts to have unlawful carnal knowledge of girl under the age of thirteen years is guilty of a felony, and is liable to imprisonment for fourteen years, with or without whipping.”

Regrettably, the section went ahead to make a proviso, that makes a conviction, a tough nut to crack. It provides: “a person cannot be convicted of either of the offences defined in this section upon the uncorroborated testimony of one witness.”

For the offence of rape, regardless of age, the courts have held the requirement of corroboration as sacrosanct. The challenge is that most rape cases don’t have standby corroborators.

So, would a court convict, where there are compelling evidence, even though there may be no corroborator to collaborate? In Iko vs State, (2001) F.W.L.R. part 68, the Supreme Court held: “the purpose of corroboration is not to give validity or credence to evidence which is deficient or suspect or incredible but only to confirm and support that which as evidence is sufficient and satisfactory and credible, and corroborative evidence will only fill its role if itself is completely credible evidence.”

The apex court went ahead to deliver the procedural wedge, in the difficult task of gaining a conviction, for rape. It further held: “in all cases where the law provides that corroboration is necessary, a conviction of an accused can only be valid when there is such corroboration.”

With the recent amendment to the evidence act, allowing for electronic evidence, would the courts accept, a record of the incident of rape, as such corroboration?

Again, would the court accept a scientific proof, as sufficient corroboration, where for instance, remnants of semen are recovered and confirmed as belonging to the accused person? Where there are torn cloths, especially underwear, acts of physical violence, and other circumstantial evidence, should that not enable a conviction, without seeking the corroboration, as determined by the Supreme Court in Iko vs State, supra? With rape assuming a pandemic proportion, is it not time for a national movement, to gift the country and states, a more modern criminal laws on the arching acts of rape?

The charged atmosphere arising from the despicable rape and murder of Uwaila Omozuwa, should be a stepping stone to change the legal paradigm.

But, what do we do with the laggard states that cannot even enact the Child Rights law to protect children who are victims of rape?

 

By Gabriel Amalu

The brutal killing of George Floyd, an unarmed black American, by a ferocious gang of four Minnesota State police officers, has set the United States of America on the boil. Floyd, a minority, by race, was killed by white policemen, after a gangster treatment. A viral video, shows Derek Chauvin, a white police officer, kneeling on the neck of Floyd, like a pew. A plea by Floyd that he couldn’t breathe, caught no ice with the Dracula-policeman, incensed on drinking blood.

As I write, damn social distancing, and all the World Health Organisation’s protocols on the ravaging impact of corona virus pandemic, several American cities, including the city of Detroit, Kentucky, New York, and California, are in turmoil. Shoulder to shoulder, the enraged residents of the cities are on rampage over the unadulterated racism of the policemen. Unfortunately, some rioters have resorted to looting and destruction of public properties over the criminal activity of the policemen, who ordinarily should be in charge of preventing the commission of crime.

The America president, Donald Trump, in his usual brusque cynical manner, showed little sympathy for the aggrieved citizens, calling the violent protesters thugs, and other unprintable names. He has even threatened to send the army to quell what is turning into a rebellion, reminiscent of the several decades of struggle for civil rights, in the United States of America. The slogan, “Black lives matter” has caught the buzz, and the matchers, even threatened the White House briefly, as that 20th century bastion of democracy, was briefly shut-down, while the authorities appraised safety.

The venom in the public arena, shows a seething public discontent with the system. Thanks to social media, the insidious criminality of the policemen would have gone without evidence, and who knows how many of such brutal criminality, by policemen had escaped public scrutiny? In our country, Nigeria, law enforcement agents in their invidious attempt to enforce the nationwide lockdown, earlier in April and May, maliciously killed not less than 18 persons.

While a few of the killings elicited public anger and protest, none can compare to the crisis in the United States of America, over the killing of Mr Floyd. Even with the tepid reactions of Nigerians against the police killings, those in charge must realise that lives matter. Psychologists would tell us that piled up anger is a far greater danger, than instant an emotional outburst. Many of course, believe the present crisis across American cities is a piled-up outburst over the continued discrimination against minorities, especially by the security agencies.

In our country, there are several seething public discontentment, and unless those in charge take steps to change the tide, our nation could upon a significant tweak, go up in flames without notice. While racism is not one of our challenges, because we are of the same race, tribalism and religious bigotry, is a major impediment to national cohesion. One of the greatest charges, against the government of President Muhammadu Buhari is tribalism, particularly in the appointment of public officials.

Many public commentators have complained, against the lopsided appointments by his government without any change. The Igbos which form a significant portion of the population of the country have also complained that Buhari’s government has excluded them from the national security council without any justification. There is also the charge that the government has been favouring those who profess the same faith with the president, while discriminating against others, in making appointments into security agencies.

Even amongst members of the same faith in the north, there is serious tension, between the indigenous Hausas and the Fulani, especially the Bororo stock. In parts of the northwest, the crisis manifests in cattle rustling, and herders and farmers clash. Killings and counter killings, between the rivals have become so permissive, that the society appears numbed about the numbers. The daily carnage, seems to have overwhelmed and numbed the authorities such that a standard template of condolence is the only response after every mass killing.

Further down the middle belt, cruel massacres appear a permanent feature of living. The carnage masquerades as clashes between farmers and herders, in some places. In Plateau and Benue, the claims of an organised genocide is rampant, and each time a wave of killings take place, the local and federal authorities merely throw up their hands in the air, in complete surrender. Between the Tivs and Jukuns, the ancient demon of rivalry, has become more destructive, with the ready availability of sophisticated instruments of mass killing.

In the northwest, for a group, there is a clear declaration that live does not matter. As the vortex of the killing machine, is the Boko Haram, which has declared war on the rest of the country. With a misbegotten brand of Islamic religion as their impetus, the gang of criminals go about decapitating lives and properties. Despite being a rag tag army of bandits, the Nigeria Army, which declared war on the Boko Haram in May 2013, has not been able to defeat the criminals, after more than seven years of military offensive.

Down south, the nation is just a shade safer, with kidnapping, armed robberies, farmers and herders clashes, also rampant. In parts of the southeast, there is a swell of public opinion, that there is a calculated attempt, to use the herders and Almajiris to overrun the territory. Fears of imminent insurgency, has become so notorious that political and socio-cultural organisations, have raised alarms beyond the country. The southwest is no less under a threat, as states in the region have raised a regional security agency as a counter measure.

To make matters worse for the entire country, the burgeoning economic meltdown, has been made worse by the corona virus pandemic. According to some economists, Nigeria would need to spend more than 60% of its estimated income, in the next 10 years to service its local and foreign debts. With over N33 trillion debt overhang, the ratio of the increase in debt profile, cannot equate to the ratio of economic growth. There is also the likelihood that the low growth ratio, may go in the negative direction, if the country goes into another recession.

So, there is every reason, to be wary about the value of life in our country, just as we watch the Americans war, to prove it. Those in authority, whether political, or otherwise, must worry that life in our country, has become: “solitary, poor, nasty, brutish, and short”, as wrote Thomas Hobbes in the 17th century. It will be foolhardy, to ignore the signs of distress across the country as the governments at the federal and state levels celebrate another anniversary.

By Gabriel Amalu

Was it compassion or emotion that drew tears from Governor Ben Ayade as he talked about the poor in Cross River State last week? If it was compassion, we celebrate him as a leader.

But if he was merely emotional, then we can be sure, he would get over it, so the cruelty against the poor will go on. Perhaps, we should give Ayade the benefit of doubt for he has set up a committee to lift the burden of taxation on the backs of the poor.

If Governor Ayade truly has compassion for the poor in his state, he should study the provisions of Chapter II of the 1999 constitution (as amended) to grasp the full standards of a compassionate government.

Any leader who abides by those provisions on the “fundamental objectives and directive principles of state policy” qualifies as a compassionate leader.

But what is the difference between compassion and emotion? According to Advanced English Dictionary-online, the word compassion means: “the humane quality of understanding the sufferings of others and wanting to do something about it.”

On the other hand, the same dictionary defines emotion as: “any strong feeling.” Such strong feeling can make one to cry or laugh.

For instance, watching a single movie can elicit the two divergent feelings, as the scenes unfold, and at the end of it, the spectator would relapse to his usual self and engage in other things. Again, a good actor can also exhibit the two divergent emotions while portraying a character.

So, in a single movie, a character could laugh or cry, as part of the act; and of course that has nothing to do with the real feeling of the actor.

So, was Governor Ben Ayade acting a script, to impress the viewers? If we are to believe him, Ayade, is for real. He said: “I am not wired for this insensitivity to a weaker person.

I never knew that five years into office as governor, I will still find someone living in a thatched house in Cross River”.

Well, while living in a thatched house could be a metaphor for poverty, there are millions living in houses covered by corrugated iron sheets, who are as poor as the famous church rats.

According to the National Bureau of Statistics (NBS), on poverty and inequality, from September 2018 to October 2019, about 40% of Nigerians lived below its poverty line of $1 dollar per day. That approximated to about 82.9 million Nigerians.

With the global pandemic, otherwise known as COVID-19, making a mincemeat of the poor in our society, the figure of the poor in our country would have gone a notch higher in 2020. While the poor would continue to be amongst us, Ayade, is saying they should not be Cross Riverians.

But if we are to rely on the available statistics, there are still many Cross Riverians caught in the web of poverty despite the strides of the professor turned politician.

According to a media report, there are about 230,000 households who are beneficiaries of the monthly Conditional Cash Transfer of N5,000, to the poorest of the poor, in 2019.

The report says that Bolinwo Ofegobi, the Cross River State Coordinator of Youth Employment and Social Support Operations, YESSO is working to capture at least one million poor beneficiaries of the programme in the state before the end of 2020.

So, Governor Ayade should be distressed, that after five years on the saddle, the number of the poor, in his state, is still very high.

But of course, Cross River is not amongst the poorest of the poor in the index of the poorest states in Nigeria. The states in the northwest and the northeast bears the medals for that unenviable positions.

According to the Nigerian Living Standards Survey (NLSS) released by NBS, nine of 10 poorest states are in the northern part of Nigeria.

Some of the indices used to measure the poverty index include access to education, health and basic services, employment, assets and income.

These wide ranging socio-economic factors, are tested against the sustainable development indicators, to determine the living standards and the level of poverty in the country.

As stated in the report by the Cross River State agency and corroborated by the NBS report, the majority of the poor are in the rural areas of the states.

Of note, Ofogebi noted that in trying to garner data of the most vulnerable in the rural communities, some of the leaders insisted that their names must be included in the lists before the officials are allowed to garner the data.

Of course, that should be a lesson for the Ministry of Humanitarian Affairs, Disaster Management and Social Development, which generated the controversial lists for the Controversial Cash Transfers in states across the country.

For Governor Ayade, giving a tax rebate is one sure way to alleviate poverty in his state. No doubt, that measure is commendable, more so, for the reasons we all know; that the entrepreneur in Nigeria, personally provides most of the essential services to stay in business.

These include generating electric power, borehole, private transportation, and even security. That is why many small scale business are always struggling, and when the burden of taxation is added, then, it is a matter of time before the business dies.

So, we commend Governor Ayade to other state governors. The Kingdom of Dubai, one of the kingdoms that make up the United Arab Emirates, is one country that practices no taxation, as a state policy, to stimulate businesses.

That has paid off handsomely, as the country is the preferred destination for many businesses. So, taxation can be used both as an incentive and a disincentive to stimulate trade and businesses. Of course, taxation is not bad in itself, but tax holidays can be used to buoy up new businesses.

While commending Ayade, for his concern for the small scale businesses, we urge him to back his plans with laws where necessary to entrench it.

If he has the compassion, he should ensure that governance, in Cross River State, is formulated in accordance the provisions of Chapter II of the 1999 constitution (as amended).

A fervent practice of the provisions of the said Chapter II, would aid the socio-economic development of his state, nay Nigeria.

Section 14(1), in Chapter II, provides: “The Federal Republic of Nigeria shall be a state based on the principles of democracy and social justice.” Sub-section 2, further provides: “the security and welfare of the people shall be the primary purpose of government.” Perhaps, to govern compassionately, should be the lessons from a Governor’s cry on television.

 

By Gabriel Amalu

The coronavirus pandemic has provided an excuse for democratically elected governors to wear the toga of dictatorship, and act arbitrarily without remorse. The most assertive of the recent undemocratic conducts took place in Rivers State where Governor Nyesom Wike, by an executive fiat, directed bulldozers to pull down a private property allegedly used for an unlawful purpose. In making a case against the owner, an indigene of Rivers State, Wike acted as the accuser, the prosecutor, the judge and the executioner.

To justify his conduct, Wike alleged that the owner of the hotel broke the laws of Rivers State, when he opened the gate of his hotel for business in disobedience of the lockdown order issued to stop the spread of corona virus pandemic. Subsequently, it was alleged that the hotel was a haven for cultists, amongst other high-level criminality. No doubt, the allegations against the hotel owner are very serious, and if the accusations are true, many members of the public would condemn the owner, especially because of the debilitating effects of such criminal activities on the society.

But that will not exculpate the governor and indeed the state, should the aggrieved owner of the hotel approach the court for redress. Of course, Wike as a lawyer knows that however well founded the accusations against an accused maybe, he is deemed innocent until he is proven guilty, under the 1999 constitution (as amended) and the criminal laws of our country. So why did Governor Wike not resort to the law instead of arbitrariness in dealing with the alleged criminal infractions of the accused person?

Perhaps, because by virtue of the immunity clause in the 1999 constitution (as amended), the governor cannot be sued in his personal capacity because of the infraction. In Abacha vs Fawehinmi (2000) F.W.L.R. 594, Pt. 4; the Supreme Court per Ogundare JSC held: “The immunity granted under section 267 of the 1979 constitution relates to civil or criminal proceedings where a suit is commenced against such an official in his personal capacity. It does not apply where the official, as in the instant case is sued in his official capacity.”

So, the owner of hotel may have a case to claim damages against the state, even though he may have infringed the regulation of the lock down and other sundry crimes as alleged. And the courts, may be persuaded to award huge damages against the state because of the manifest dictatorial action of the governor in complete disregard to the rule of law. If the governor was mindful of the rule of law, nothing stops the governor from seeking an order of court to confiscate the property, if there is a law that permits that.

In Ohadugba vs Garba (2000) F.W.L.R. 2738-2739, the Court of Appeal held: “Where chattels were destroyed or damaged, the following rules have been evolved for compensating the party damnified: (a) Where the goods are destroyed by the wrongful act of the defendants, the measure of damages is the value of the goods at the time of their destruction and in proper case, plus such further sum as would compensate the owner for the loss of use or earnings and the inconvenience of being without the goods during the period reasonably required for replacement.”

In the northern part of our country, especially, Kano State, the governors are exhibiting their dictatorial conducts in the handling of the almajiri saga. Some of them treat the children like sh*t, while some others treat them as disposal items. In a manner that may come to haunt the entire country, the children many of whom may have been infected by the coronavirus pandemic, are being dispersed to every part of the country like an essential commodity. After exploiting the children as agents of electoral malpractices and mayhem in their states, they are now being exported to other states as purveyors of the fearful pandemic.

Of course, this malice laden behaviours of the northern governors have raised worries across the country. For some, the dispersal of the almajiris to the states in the southern part of the country, is a subtle way to export religious fanaticism and fundamentalism. Some others are almost getting paranoid, with the claim that it is geared to extend Boko Haram to the southern part of the country. While these fears may be unfounded, it is worrisome that democratically elected governors would act as dictators, in treating bona fide citizens of the country.

If the country has lawfully instituted a nation-wide inter-state lockdown, because a pandemic is ravaging the country, under what regulations or laws are the governors and their agents relying on, to ship the almajiri children resident in their states to other states, like disposal items? If the reason is not to undermine the security and public health status of the other states, what is the reason behind the ongoing dispersal of the almajiri children to the states who never engaged in that hideous practice anytime in the past?

After breeding the almajiri monster, why further treat the children as wastes? Where is the democratic credential of the governors engaged in these unlawful activities?  In these states, are there no laws made to protect the rights of the children? Does it mean that the Universal Basic Education laws which provides that children must be in school from age six until they are 15 years, by which time they would have undergone the primary education and the basic three level in secondary school, not applicable to these haemorrhaging states?

Of course, this column has severally complained about the immoral and patently unlawful conduct of the state governments in the north, which allowed the deprivations of impressionable children, on the altar of religious evangelism, long before this pandemic. Well, according to the governor of Plateau State, Solomon Lalong, the northern governors have agreed to end the Almajiri system, before this pandemic. While that agreement is a welcome development, the manner they are effecting it is most unconscionable and unlawful. If they agreed to end the scourge, the children should be enrolled in schools and vocational centres for them to attempt a catch-up, after the wasted years.

Clearly, it is criminal to disperse these children, by allowing them to be loaded into tankers built to convey chemical products, trucks used to convey animals, and those purposely built to convey building materials, just to beat the enforcement of the lock-down regulations. Indeed, it is the height of malice and wickedness, to encourage or allow the migration of these hapless citizens, who may have been exposed to the corona virus pandemic to other states, without regard to public health. The governors involved have failed woefully as state chief executives.

Gabriel Amalu

 

The Supreme Court’s judgement, which quashed the conviction of the former governor of Abia State, Senator Orji Uzor Kalu, has drawn the ire of eminent lawyers, and ordinary Nigerians.

While some attacked the judgment as lacking in merit, others argued that the court has promoted technicality over merit.

Conversely, other no less eminent lawyers, have argued that the judgment is sound in law, drawing their inspiration from the provisions of the 1999 constitution (as amended).

Of note, the prosecuting agency, the Economic and Financial Crimes Commission (EFCC), which got a conviction at the trial court, called the judgment of the apex court, an ambush.

For this writer, it is a supreme irony that the judgments of the Supreme Court of the land, is increasingly becoming so controversial that senior lawyers, now throw decorum to the dogs, in attacking it.

Not long ago, the subjects of such scurrilous attacks, were the judgments in the election petition appeals from the Imo and Bayelsa gubernatorial elections.

With the darts now thrown freely at the apex court over its judgments, are we approaching what the inimitable columnist of this paper, Tatalo Alamu, calls the end game; this time, for our judiciary? Perhaps, there could still be a saving grace, if our nation would dispassionately examine the utility of our legal system as constituted and make changes were appropriate.

After all, the basic expectation from a legal system, in a criminal matter, is to offer justice to the accused, the accuser and the state.

Bearing that in mind, after examining the effectiveness of our present legal system, this writer has argued severally that our adversarial legal system is untenable for a third world country like ours.

That is against a more participatory inquisitorial legal system, where the judge is allowed to examine the issues at stake by himself; instead of sitting aloof, and allowing the adversaries to win or lose the case, depending on the arguments they marshal before the judge or the technical issues raised.

Of course, while the judge should legally be secured enough to act independently of all the parties in a criminal justice system, he should be constituted in such a manner to be able to probe the issues raised, in other to gift the three parties, what substantially approximates to justice for all of them.

I use the word approximation, advisedly, knowing that it may be impossible to gain the satisfaction of all parties, in all cases.

Read Also: Orji Uzor Kalu, Magu makes symbolic statement

 

In the Orji Uzor Kalu’s case, if the facts in the public domain are true, is it not ironical that while the counsel to the accused person successfully moved the President of the Court of Appeal to grant a fiat to the elevated Honourable Justice Mohammed Idris to return to the Federal High Court to conclude the part-heard case at the High Court, another counsel to the accused again successfully moved the Supreme Court, to come to the conclusion that it is unconstitutional for a judge who has been elevated to a higher court, to return to his former court, to conclude a criminal matter partly-heard, before he was elevated?

A classic case of eating your cake, and still having it, perhaps? That is so, even though the EFCC has vowed to swiftly subject the former governor and now a senator to another trial, as ordered by the apex court.

But what are the issues raised in the judgment of the apex court that drowned the judgement of the Hon. Justice Idris of the federal high court?

The thrust of the argument of the Supreme Court is that the judgment against Senator Orji Uzor Kalu was a nullity, because the judge who heard the case of the prosecution, and the one who heard the case of the defence and gave the judgment, even though the same biological person, is not the same juridical person, as the first was a judge of the high court, and the latter a justice of the appeal court. For this column, while the judgment is defensible in law, it is irrational, in social justice.

Section 396(7) of the Administration of Criminal Justice Act (ACJA), which the President of the Court of Appeal, relied upon to grant a fiat to Justice Idris, to return to the federal high court, to conclude the hearing of the case and deliver judgment, after he was elevated and sworn in as a justice of the appeal court, is incongruous with the clear intendment of the 1999 constitution (as amended).

This is without prejudice to the inherent law-making powers of the courts, which the Supreme Court has to interpret a law so as not to defeat the clear purpose of the lawmaker.

A combined reading of sections 1, 6(5), 230-284, show that the clear intention of the constitution is to have hierarchies of court, which cannot be subjugated by an inferior law.

So, when a person is appointed to any of the courts, he becomes a judicial officer of that court, with the authority to exercise the powers conferred by the constitution, and other extant laws.

Such a person appointed to one of the hierarchies of the court, cannot be embedded with the authority to exercise the powers of another hierarchy of the courts, by virtue of an act of the National Assembly.

Those against the judgment of the Supreme Court, rely on the clear intendments of section 396(7) of the ACJA, which provides: “Notwithstanding the provision of any other law to the contrary, a judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge, only for the purposes of concluding any part-heard criminal matter, pending before him at the time of his elevation and shall be concluded within reasonable time, provided that this section shall not prevent him from assuming duty as a Justice of the Court of Appeal.”

No doubt, the above provision is to stymie the frustrations associated with the criminal trials, especially of politically exposed persons, which the elevation of trial judges accentuate.

It must therefore been borne in mind that the essence of the ACJA is to salvage the tragedy that has befallen our criminal justice system, with matters lasting in the courts for decades.

The Senator Orji Uzor Kalu, is a case in point, considering that the matter has been on and off, since the end of Kalu’s gubernatorial rule in 2007.

Perhaps, if the Supreme Court was mindful to act radically, it would have upheld the provision of section 396(7), bearing in mind its social justice destination. But it choose to act conservatively, which has exposed it to accusation of supreme incompetence.

 

Gabriel  Amalu

 

The term, ‘new normal’ has gained traction in the international media. It is used to depict what would become: the new normal way of living, because of the corona virus pandemic, otherwise known as COVID-19. The experts who use the terminology try to explain to the rest of us that life as we lived it would not return to its normal, for some time to come.

I guess these experts are correct, in talking about ‘new normal’ time. So, it may be right to refer to ‘the old normal’ and ‘the new normal’, to distinguish between the two different epochs of ‘normality’.

This is more so, as the wave of the pandemic shows no sign of abatement, in our country. In other places, the warning is that there could be a new wave of the pandemic, unless a permanent solution is found.

Thankfully, on the bright side, there is the potential that a vaccine could be found, sooner than later, to deal with the dreaded enemy. But until then, the challenge is how our country’s men and women can be able to adjust to this ‘new normal’. Let’s examine a few instances.

By this time in the old normal, a new school term has just started. Being the third term for the primary and secondary school students, when promotional exams are done, both parents and pupils would be on their toes, to ensure that necessary preparations are in place to secure promotion.

The new normal, is that lessons and classes are going to be by virtual means, for some time to come. Some schools are already taking steps to start classes through the social media platforms, and other online learning applications.

For the affluent schools, they may adopt personalised online applications. Of course, the new normal may not be as effective, as the old normal, but regardless, this means that online studying is going to be the new normal for some time to come.

For the parents, the challenge would be how to get the resources to acquire the necessary gadgets, and of course buy the data, for their wards to participate in the online learning programs.

The parents who are not internet savvy, or are usually put off, by these gadgets, may have to adjust to the new normal, by joining the bandwagon, to learn the new technologies and its applications.

Unless, a miracle happens, and a vaccine against COVID-19 is discovered, and made available worldwide expeditiously, pupils may end up undergoing most of the third term’s lessons, tests and examinations via the virtual media.

So, how can our government help to reduce the burden of the students and parents, who are locked down, and unable to fend for themselves, talk less of spending their scarce resources to buy the necessary gadgets, including data?

Unfortunately, data is very expensive in our country, unlike in most developed countries, where data is cheap or even free. So, is there a way the government can help reduce the cost of data, so as to reduce the burden on parents and their wards?

That would be a big challenge, especially with most of the state governments likely to go into recessions, as the monthly revenue from Abuja, is already in jeopardy, with oil prices going into negative overdrive.

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But the job of the government is to find answers to difficult challenges, and so making data cheap add to the list of their challenges. It goes without saying that the above scenario also applies to the post-secondary students, whose demand for data and appliances would even be higher than their juniors in lower levels of education.

Perhaps, in addition to making cheaper data available, the ministries of education in the states may have to collaborate, to teach the primary and secondary classes, using television and radio.

Another ‘new normal’ of general importance, particularly for a developing economy like ours, would be the loss of jobs. Yes, that daily chore from which people earn their living, pay bills and solve other problems, is seriously in jeopardy.

Most likely, what most people engage in as work may go into coma, for some time to come. Even the news medium is threatened. While there is a massive reduction in advertisement, the daily activities of government and the actions and inactions that generate news, have all slowed down.

Those that will be hardest hit are the small businesses, which cannot afford to transit to the new normal of rendering businesses through the virtual means.

The small scale law firms, hospitals, laboratories and similar businesses may face the challenge of transiting to the new normal. Of course, these small scale businesses are also employers of labour, and as they go down, their employees would also go down with them.

So, many people are going to be unemployed soon, and so parents may not be in a position to pay their bills. That means that hospital bills, school fees, food bills, and several other bills would be threatened going forward.

In planning to bail out the big businesses like the airlines, hotels, construction giants, government should also plan to help the small businesses. Amongst the unemployed, the hard hit, are the daily wage earners. Many of them are already in terrible condition because of the stay-at-home order.

This writer is afraid that the ingredients for the long feared “revolution” are now at our doorsteps. The core-northern states that have, over the years, allowed the ill-fated almajiri system to fester, are now facing the challenge of containing the offspring of that duplicitous system.

The privileged few, especially those in government, who earn humongous income and outlandish allowances must come to terms that all the indices indicate that such earnings in the face of the huge deprivations for the greater majority, is now untenable.

Unless the new normal, gives way to the old normal quickly, the future does not portend good for many, in the midst of economic challenges faced by the majority of citizens. Clearly, the private sector leaders see the dangers ahead, and they have been helping out the way they can.

The Lagos state government wisely started the open kitchen for the youths, and other state governments may have to imitate such programme to starve the challengers faced, especially by those who rely on their daily income to feed.

Of note, COVID-19 has forced everyone to stay within the country, when the social superstructure may give in, to the economic, social and political mismanagement spanning several decades. Should there be a slip in managing the challenges, and there is a breakdown of law and order; legislators, professionals, billionaires, and many Nigerians, may end up as refugees.

 

By Gabriel Amalu

Is the recent treatment meted to Africans, in Guangzhou, China, a foretaste of the type of subjugation, peoples of African continent will experience in the hands of the Chinese in the years to come? In a classical instance of a friendly enemy, China, few days, after sending its medical experts and supplies to help Nigeria fight the COVID-19 pandemic is also maltreating Nigerian citizens in her cities under the guise of fighting the spread of the pandemic.

The muted responses of the governments of African countries, shows clearly that they are ill-equipped and indisposed to defend their interests, when confronted by the emerging Chinese hegemony. But for the initial insistence of the Speaker of the House of Representatives, Hon. Femi Gbajabiamila, to confront the Chinese envoy in Nigeria, our country’s political leadership appeared prepared to play the ostrich, over the disturbing videos of the maltreatment of Africans across the Chinese cities.

One may ask, can President Muhammadu Buhari, whose secretary, Boss Mustapha, was flustered with gratitude, recently, while receiving the Chinese medical experts, who came to fill the yawning gap in Nigeria’s medical infrastructure, few days after, summon the Chinese envoy, to warn his country, to desist from maltreating Nigerian citizens?

How can Nigeria, for instance, threaten to break diplomatic relationship with China, if the envoy is unapologetic, when within the government circles, there is palpable hunger for Chinese medical experts in the absence of the local expertise to fight COVID-19 pandemic?

Of course, China has billions of dollars contract, in nearly every African country, but can afford to play coy with the Africans, knowing that most of the contracts are on credit. And the common saying that ‘he who goes borrowing, goes sorrowing’ would apply to Africans in the circumstance. Going forward, African leaders must wakeup from their leadership slumber, if Africa is to survive the coming Chinese hegemony, even when it is under the weight of the yoke of European and American neo-colonisation.

Nigeria, which is expected to lead the African renaissance, is still a tottering giant. While the Minister of Foreign Affairs, Geoffrey Onyeama has summoned the Chinese ambassador to express Nigeria’s displeasure over the maltreatment of her citizens in China, there is not much he can do thereafter. Not when his brother Minister for Transportation, Chibuike Amaechi, is expectantly awaiting the end of COVID-19 lockdown, for the return of the Chinese nationals, to continue the infrastructure flagship of the Buhari administration, the railways.

With over US$10 billion in infrastructure-contract exposure, most of which are on credit, how can Nigeria have the diplomatic chutzpah to confront the emerging Chinese hegemony? According to China Africa Research Initiative (CARI) of John Hopkins University’s School of Advanced International Studies, the gross annual revenues of Chinese companies’ engineering and construction projects in Africa in 2018, totalled US$48.84 billion, down from about US$55 billion in 2015.

Interestingly, the trade relationship is even much bigger than the construction and engineering industry. According to CARI, the value of China-Africa trade, in 2018, was US$185 billion, up from US$155 billion in 2017; while the direct foreign investment stands at US$5.4 from a paltry US$75 million in 2003. On its part, the foreign aid expenditure, grew from US$631 in 2003 to US$3.3 billion in 2018, with occasional dips in between.

The above data, shows that Africa is deeply tied to China in the new world order. But even more precariously for Africa in the unbalanced trade set-up between the two, while China is exporting to the continent, services, industrial expertise and machineries, Africa only exports commodities and unrefined petroleum products to the Chinese. In essence, Africa is overtly tied to the apron strings of the Chinese behemoth, and under such circumstance, the African leaders can hardly look China in the face, and call it to order.

To make matters worse for Africa, most of her leaders are yet to wake up to the ringing need for urgent development in the continent. And unless countries in the continent develop, these nations cannot square up to the challenges of the overt and covert economic, social and trade wars, between the nations of the world. How many African leaders has a clear vision, and plan of action for their country’s development?

In his book: My Vision, Mohammed bin Rashid Al Maktoum, captured his vision in the race for excellence thus: “with every new day in Africa, a gazelle wakes up knowing he must outrun the fastest lion or perish. At the same time, a lion stirs and stretches, knowing he must outrun the fastest gazelle or starve. It is no different for the human race. Whether you consider yourself a gazelle or a lion, you simply have to run faster than others to survive.”

Does African leaders, realise that the benevolence of the lion to the gazelle, if I may borrow from the Al Maktoum analogy, is merely a strategy to lure the gazelle into false security, before he becomes food when the lion gets hungry? While this author, acknowledges the African dilemma, in choosing between the age-long western neo-colonialists and the emerging Chinese hegemony, he urges the leaders to wake up to the challenges ahead.

The challenges predisposes that Africa must take its destiny in its hand, if the recent maltreatment of her citizens in China cities, will not be a foretaste of the greater humiliations to come. According to Al Maktoum, vice president and prime minister of the United Arab Emirate and ruler of Dubai, on Development and optimism: “only people can make development happen. The secret of successful development lies in reaching an ideal formula that can efficiently use the skills of people along with, in Dubai’s case, the existence of the creek, sunny skies, desert, sandy beaches and sea, to put in place a uniquely successful metropolis.”

Al Maktoum, went on: “The context of this formula is the right vision and the key to its success is the leader, who combines his goals and determination to see them through to fruition, despite all obstacles.” Had African leaders shown this level of clarity of thinking, perhaps the continent would not be so challenged that her citizens are treated with disrespect because of their colour, without any consequences.

But regardless, of how indebted, Nigeria, and other African countries are to China, President Buhari and his brother presidents should call the Chinese to order. Also, the benumbing lack of vision, within the continent, has to end for Africa to be taken serious in the committee of nations. Furthermore, the shackles of tribalism, prebendalism and corruption must be broken, for there is no way, the clarity of vision that is urgently needed, can sprout from such idiosyncrasies.

By  Gabriel Amalu

 

If it is true that anyone entrusted with the resources earmarked to fight the scourge of coronavirus pandemic, also known as COVID 19, is stealing from it, then such a person is fearlessly corrupt.

Otherwise, how else can one explain the courage to steal, when the fear of death from the ravaging pandemic has gripped every reasonable person in the world? Even those who ordinarily think of God, as a fantasy, trusting in the power of their material wealth, are beginning to have a rethink, now that money has failed to buy anyone immunity from the pandemic.

So, to think that any of our public officials can tell us tales by moonlight, over how much has been released from the monies earmarked to fight the scourge, and who have benefited, confirms that such person does not fear God. Of course, only those who do not fear God, can still think of stealing at a time like this.

With the virus attacking both the rich and the poor, with no known cure yet, and with thousands dying daily from the infirmity, every sane person should be reconciling with his/her maker, just in case.

In our dear country, according to National Centre for Disease Control (NCDC) as at April 12, there are 323 confirmed cases, 85 discharged persons, and 10 deaths resulting from COVID-19.

While we hope it remains so, there is the likelihood that the number would go up, and yet our country’s capacity to test or treat the disease remains very low. So, common sense dictates that all resources available, both human and material, should be mobilized, to fight the disease and stall its spread.

But instead, we are hearing tales that some persons may be stealing the resources put in their care, to fight the pandemic. If that is true, those involved should at least fear death and the judgment of God.

But if they don’t, they should not cause the death of others, from the neglect that the monies they are stealing will cause.

More so, with our governments owning up that the medical facilities across the country are in terrible shape, we need to put every kobo made available to fight COVID 19, to proper use to save our lives.

After all, nobody knows who may need the facilities sooner than later. So, the earlier those in charge of our common resources realise that we are all in this boat together, the better for them. Who could have contemplated that a day would come when those who have stashed money abroad, would be afraid of travelling to their safe haven for medical checks?

Who could have contemplated that after spending huge resources to buy summer houses in major capitals of the world for annual holidays, a day would come, when it will become impossible or even suicidal to plan a summer holiday outside Nigeria.

Who could imagine that with huge balances in dollars and pounds, a season would happen on us suddenly, when getting access to foreign accounts is nigh impossible?

If we are to believe our ears, the Secretary to the Government of the Federation and head of Presidential Task Force on COVID-19, Boss Mustapha, reportedly admitted that he was shocked at the state of disrepair of the medical facilities across the country.

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Well, unless he is suffering from amnesia, he would remember that one of the reasons President Muhammadu Buhari, as a military officer, overthrew the government of President Shehu Shagari in 1983, was the state of the hospitals.

It is also one of the reasons, President Buhari was elected in 2015, and re-elected in 2019. Whether in 1983 or 2015, it was our lot that after so much resources have been purportedly expended, the state of our social infrastructure remained desolate.

So, if after six years of being in power, the hospitals are still in the same state, then Boss Mustapha must remind President Buhari, that he has not fulfilled the expectations of his ardent supporters. After a full term in power, and in the second term, our social infrastructure should begin to reflect what the present government wants, not the image of its predecessors again.

While the years of the locust stretches back, there is no doubt that if incremental progress have been made, Boss Mustapha would not be lamenting as he did, after touring the medical facilities across the country.

Clearly, while there are laws in our books to deal with stealing of public funds, they have not deterred our public officials from feasting on our common patrimony. Between 1958 and June 2016, Nigeria has earned about N96.212 trillion from crude oil exploitation alone, according to the Vanguard newspaper.

Of course, since the civil war era, when we abandoned other sources of revenue, crude oil represents about 80 percent of the total source of income for the governments. Ninety-six trillion naira, is a huge amount by any standard. Enough to transform our country, if our leaders had been conscientious in governance.

The present effort to shift away from that dangerous paradigm has then remained a pipe dream, if after six years of change, our hospitals are still mere consulting clinics, as in the past. Unfortunately, the COVID-19 pandemic has come to mock the comatose state of our health facilities.

Perhaps, it is a call for Nigeria, to review her budget in favour of the health sector. In the 2020 budget, the total expected revenue stood at N10.33 trillion, out of which mere N46 billion was earmarked for health. Well, that was before the COVID 19 pandemic.

Now that COVID-19 has negated all the parameters of the budget, it would be a miracle if the sector would get up to 50 percent of that budget. Of course, it is a common phenomenon of our fiscal policy, for the budget releases to be much lower that the projected.

So, with a low budget, coupled with the ravaging impact of corruption, is there any chance that we would start the difficult but necessary steps to build a health infrastructure that would be robust enough to cater for all Nigerians, regardless of status?

The experience of the British Prime Minister, Boris Johnson, is a pointer to the road our country should follow. Falling ill from the impact of the pandemic, the PM was treated in a hospital open to every British person.

In his speech after getting well, he thanked the British National Health Service, and proudly declared it, the greatest asset of his dear country.

With Nigeria’s National Hospital, Abuja, incapable of treating our president and the governors, we must hearken to the warning signals from COVID-19, and stop those who are fearlessly corrupt, by any means.