The Nation Newspaper

Category: Gabriel Amalu

  • Reps salary in a jar

    Reps salary in a jar

    In a tepid attempt to show solidarity with the ordinary Nigerians, as the #Endbadgovernance protest was about to start, the House of Representatives, announced that her members will forfeit 50 percent of their salaries to the national purse as an act of sacrifice. Ever since the promise was made, controversy has trailed what constitutes the salary of the members of the House of Representatives, and most recently their Siamese twins, the Senate. Expectedly, the Representatives have claimed that their monthly salary is a meagre N600,000 and not the humongous salary and allowances which by some accounts is in the region of nearly N20 million, monthly. 

    Even before the members, sought to separate Paul from Barnabas, every Nigerian who has been following the controversies over the unlawful earnings of members of the National Assembly, knew they could only be referring to what should be their legitimate salary, and not the several unlawful allowances and perks they have over the years amassed as part of their illegitimate monthly earning. As the legislators know, what they should legitimately earn must be sanctioned by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), and not what they determine by their whims and caprices.

    The 1999 constitution (as amended) in the Third Schedule Part 1N paragraph 32 eloquently provides: “The Commission shall have power to – (a) monitor the accruals to and disbursement of revenue from the Federation Account: (b) review from time to time the revenue allocation formulae and principles in operation to ensure conformity with changing realities: Provided that any formula which has been accepted by an Act of the National Assembly shall remain in force for a period of not less than five years from the date of commencement of the Act.”

    The Constitution in paragraph 32(d) further provides: “The Commission shall have power to determine the remuneration appropriate for political office holders, including the President, Vice President, Governors, Deputy Governors, Ministers, Commissioners, Special Advisers, Legislators and the holder of offices mentioned in section 84 and 124 of this constitution.” Sections 84 and 124 deal with federal and state, executive and judicial officials, which are enumerated in the respective sub section 4, and does not include the legislators at federal and state levels.

    So, the remuneration that members of the National Assembly should earn shall be determined by RMAFC. But that is far from what is obtainable in practice. Presently, members of the National Assembly, while receiving the salary recommended by RMAFC, also earn heavy loads of all manners of allowances and perks attached to their offices, which many Nigerians have rightly described as unconscionable and unconstitutional. By their actions, they pooh-pooh the provision of the constitution that sought to ensure that since the National Assembly has control over the national cookie jar, they shouldn’t help themselves to the cookies in the jar, indiscriminately.

    In the 2024 budget, the salaries and allowances of the 109 senators will gulp N8.67bn, while the 360 members in the House of Representatives will get N24.43bn in salaries and allowances. But, according to a Punch newspaper report, out of the 19 allowances earmarked for the Senate President and his deputy, only five allowances were assigned specific figure. There are similar undisclosed figures for the other members of the National Assembly, and it is similar with the members of the state Houses of Assembly. One may ask, why such opacity, in the allowances of the members?

    Read Also: Senate, House of Reps deny fixing own salaries

    It is such opacity that makes some Nigerians pour invectives on the legislators, especially members of the National Assembly, with respect to their unearned allowances. This writer has written essays, arguing that the National Assembly can only legitimately earn salaries and allowances, approved by the RMAFC, as clearly provided by the 1999 constitution (as amended). While there might be corrupt practices in the executive and judicial arms of government, this writer has always argued that for the National Assembly to effectively exercise its power of oversight, it must earn within its constitutional boundaries.

    The National Assembly cannot, while arguably abusing its expansive powers and control over public funds, expect Nigerians not to be offended. Their usual argument that what is appropriated to the National Assembly is insignificant, when compared to what is allocated to the care of the executive amounts to red herring. Moreover, by virtue of section 88 of the constitution, the National Assembly has powers to ensure that what is allocated to the care of the executive is appropriately used for purpose.

    The recent protests, even with its omnibus hashtag, showed that the Nigerian youths are increasingly getting impatient with the status quo, and so, urgent steps must be taken to stave-off a national upheaval. For this writer, the National Assembly has an important role to play in monitoring and ensuring that the economic programs of this administration yields the promised fruits. They can ensure that monies earmarked for infrastructural developments are used for purpose, by virtue of the doctrine of checks and balances, in a presidential democracy.

    That is a more effective way to ameliorate the hardship that made a lot of Nigerians to join the protest. Should the budgeted national resources be put to the uses they are earmarked for, many of the challenges facing the citizens would abate. The controversy over whether a member of the House of Representative, earns either N900, 000 or the N600,000 in a month, is a mere distraction. By some accounts, the members earn tens of millions every month, which explains their life style. It is therefore cunning for their spokesperson, to tell Nigerians they earn N600,000 monthly, unless they have become the biblical Widow of Zarephath, who was blessed by Elijah, and her jar of oil never ran out.

    In the Bible story, Elijah on God’s mission to teach the Israelites a lesson caused a drought in the land. While hiding as he was commanded, God asked him to go to Zarephath, to stay with a widow, who will feed him, while the drought lasted. When he accosted the widow and asked her to make him a meal of bread, the woman informed Elijah that she had only a handful of meal in a jar and a little oil in a jug, and she was gathering sticks to make fire, to cook the last meal, and after, they will die.

    Undaunted, Elijah asked her, to first make a meal for him, from that meagre flour and oil, and that thereafter, her jar of meal and oil, will never run dry. And miraculously, it happened as Elijah predicted. So, when members of the House of Representatives offered to forfeit one-half of their salaries, giving the impression that they can survive on the remaining half, of N600,000, I wondered who the miracle-working prophet, that could help them survive on one-half of their salary, could be.

  • Recalibrating consumer protection

    Recalibrating consumer protection

    The presidential appointment and subsequent confirmation by the senate of Tunji Bello, as the Executive Vice Chairman, of the Federal Competition and Consumer Protection Commission (FCCPC), should reinvigorate the commission to achieve on its core mandate, which is to ‘promote fair business practices and safeguard the interest of consumers’. There is no doubt that Nigerians are afflicted by severe economic hardship, especially, the runaway food-inflation, which has pushed many into the streets, as protesters.

    Sadly, the protest turned out bloody in a few states, and lives and properties were lost. Last week, this column had asked for protest without violence, but noted that it is a near impossibility. Some of those who promoted the protest are now regretting the outcome even though it was predictable. With the protest tempering out after the address by President Bola Ahmed Tinubu (PBAT), this column urges the attention of the federal, state and local governments, to refocus on making life easier for the ordinary Nigerians.

    The FCCPC has a role to play, in making life better for Nigerians, if it pursues vigorous consumer protecting policies. While taming inflation is principally the domain of financial and economic management ministries and agencies, fighting unbridled anti-competition practices, importation and distribution of fake products, and artificial price manipulations, which also cause inflation, fall within the domain of the FCCPC. So, in the new Nigeria that PBAT promised Nigerians during his campaign, and reiterated to the disillusioned protesters, the FCCPC has a significant role to play.

    The Federal Competition and Consumer Protection Act 2018 grants the Commission enormous and far reaching mandate, which should impact on the nation’s economy, if vigorously pursued. The mandate to combat anti-competitive practices is geared to fighting monopolists, price fixing and similar obnoxious practices that incrementally destabilize the economy. Such mandate cuts across all sectors of the economy, as the Commission is the ombudsman for the protection of public interest. In the entertainment industry for instance, there is an anti-competitive practice where a provider has an exclusive contract that makes it a monopolist.

    There are similar challenges in order arears, and the FCCPC has the mandate to protect the interests of competitors and consumers. Another expansive oversight is the authority to evaluate mergers and acquisitions, to forestall those that could significantly diminish competition in any industry. The FCCPC has authority to approve, reject, or set conditions for such transactions. The Commission is enjoined to review and analyse mergers and business combination to ensure that any potential merger or acquisition do not distort or impede efficiency in any industry.

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    The market-driven economy which the PBAT administration pushes for needs a vigorous and vibrant Commission to fight anti-competitive practices. And in the president’s speech on Sunday, he enumerated economic actives geared to promote competition. The president said that 600,000 nano-businesses have benefited from the nano-grants and another 400,000 more are expected to benefit. Also, that 75,000 micro and small businesses would receive N1 million single-digit interest loans, while large manufacturers would get N1 billion single-digit interest loans, to boast manufacturing output and stimulate growth.

    Clearly, these are pro-competition policies, and if properly implemented would engender economic growth, and create employment for the teeming youths across the country, feeding the protests. Government officials, calling on the youths to stop the protests have an eye on these policies, which could return the country to enhanced economic growth. The 2024, first quarter 2.98 percent economic growth, though higher than the 2.31 percent of the first quarter of 2023, needs to accelerate to higher levels, to be impactful for a nation with 2.39 percent growth in population, in 2023.

    The 2024, growth forecast for Nigeria, by the International Monetary Fund, in May was 3.3 percent, while Guyana in South America, the world’s fastest growing economy is projected to expand by 33.9 percent. Of note, while Nigeria ranks the sixth most populated country in the world, and its economy is projected to grow at 3.3 percent, the first, second and fourth most populated countries, which are India, China and Indonesia, will grow at 6.8 percent, 5 percent and 5.2 percent respectively. Meanwhile, Nigeria is projected to become the third most populous country in the world by 2050, behind India and China.

    So, the projected economic growth that can drag Nigeria out of poverty is seven percent, which is more than double of the current 3.3 percent. In effect, to steer Nigeria away from perpetual protests, the growth dynamics has to change. As this column has always maintained, those at the helm of affairs have to lead this change, if they are interested in the survival of the country. The greatest challenge of course, remains corruption in public spaces, and unless that cankerworm is wrestled to the ground, the country would not make significant progress.

    Even in the face of severe challenges occasioned by the current protests, the scarecrow of corruption scares a bleeding nation. In his address, PBAT said that N570 billion has been released to the 36 states to expand livelihood support to their citizens. This column wishes an audit, to know the whereabouts of the monies. Of course, if the monies had cascaded down to those in most need, the ongoing crisis may have been averted. If our past experience is a lead, substantial part of the monies may have gone to private coffers.

    Another disease afflicting the nation is the misapplication of scarce resources; in most parts fuelled by corruption and egoism. Many state governors engage in unnecessary projects, geared to massage personal egos, and give abundant room for corruption. By engaging in multi-billion naira projects, the chances of stealing exponentially are higher. That explains the many airports and flyovers, in states with insignificant economic activities. Of course, there will be insignificant leg room for stealing, where they to concentrate on social infrastructure, including health, education and poverty alleviation.

    Perhaps, the hardship protest will make the states reset their priorities. This is particularly important in the northern part of the country, with massive out-of-school children, which was weaponized by friends and enemies alike, to cause mayhem. As should be obvious to the northern political leaders, political power, unless used to change important social dynamics, does not matter when poverty breaks the banks. Despite the recent eight years of Muhammadu Buhari’s presidency, by some accounts, there are 15.23 million out-of-school children in northern Nigeria.

    The PBAT’s regime remains a great opportunity to reset the country, for the benefit of the majority of Nigerians, who are mere consumers of political, social, religious and economic activities. To encourage Nigerians to stay away from the streets, the many laudable economic plans of the Tinubu administration must hit the streets. The FCCPC exercising its surveillance and investigation mandate, should monitor how the economic policies stimulate competition, which is vital to national growth.

  • Protest without violence

    Protest without violence

    Organizers of any protest in Nigeria, under our democracy, surely has the 1999 constitution (as amended), as their holy writ. The right to protest is a fundamental right, subsumed in sections 38, 39 and 40 of that constitution. Even President Bola Ahmed Tinubu (PBAT), has said that protest is legitimate, but that he is worried about any descent into anarchy, which will make life worse for the ordinary Nigerians. Like Shylock in Shakespeare’s Merchant of Venice, the organizers are entitled to cut their pound of flesh, but there must be no jot of blood. 

    So, while the organizers are entitled to protest, they have a herculean task, to ensure there is no descent into anarchy. A task that may be impossible, as recent events, especially the #EndSARS protest showed. State officials have asked those promoting the protest to own up as the arrow heads, so that if the protest spins out control and destruction follows, the arrow heads would answer the charges. Those in support of the protest have argued that it is the responsibility of the police to ensure public order, and not that of those exercising their right to protest.

    But in advanced democracies where regular protest is the side-kick, organizers usually project themselves forward, and give a schedule of the areas they would march on, and that helps the police to plan to protect. As argued by the spokespersons of PBAT who himself has participated in several protests, the objectives of any protest and the demands should be in the public glare, and the organizers clearly identifiable. For the proponents of the threatened protest to merely seek an omnibus end is akin to seeking to unlawfully end the life of a democratically elected administration; it is to act like the Shakespearian Shylock. 

    In Shakespeare’s Merchant of Venice, Shylock had loaned a desperate Antonio money with the bond that if he is unable to pay when the loan is due, Shylock will be entitled to cut a pound of flesh from the breast. When the loan became due, and Antonio couldn’t pay, Shylock insisted on exerting the terms of the bond, as parties had agreed. Antonio’s friend, Portia, who pleaded his case, before the judge, ingeniously argued that Shylock could cut his pound of flesh, but since blood was not part of the bargain, he must do so without a jot of blood dropping.

    Shylock knowing that such a procedure was impossible abandoned his entitlement of a pound of flesh. Of course, if he went ahead to cut the flesh, and he spills the blood of a Christian, he would have committed an offence, which punishment would be the seizure of all his lands and goods. While Shylock hated Antonio and would have loved to exact his pound of flesh, he was not willing to do so, at the great risk of losing all that he had labored for, especially from his business, as a loan shark.

    A similar dilemma confronts the planners of the much hyped protest scheduled to begin on August 1, and to last till August 10, tagged #Endbadgovernance. Government officials and security agencies have said the protesters are entitled to their constitutional right to protest, but they must not descend into anarchy, destruction of public property, restriction of movements and similar unlawful conducts, associated with violent protests, in our clime. The scars of the relatively recent #EndSARS protest is too scary, especially in Lagos, where hoodlums tried to literally burn down the entire state infrastructure. 

    That recent history makes it legitimate to ask the shadowy organizers how they constitutionally intend to end bad governance; is it by violently foisting an undemocratically elected governance as substitute? That unrealizable objective, the organizers must know, is what is abuzz in the streets, as the ultimate plan. If that is not their intention, then the organizers, to legitimize their right to protest, must define their objectives, and conscientiously propound how they intend to achieve it within the confines of the laws of the land.

    Of course, no true democrat would oppose a call to end bad governance, if the acts that constitute bad governance are enumerated, and the demands to bring such obnoxious acts within the realm of good governance are listed. Such a call would be in sync with the basic canons of constitutional democracy. Since, the advent of the present republic, this column has always canvased for end to many obnoxious practices. But even as the most ardent supporter of the right to protest would agree, the fragile national economy would get worse if 10 working days is dedicated to public protests, for an omnibus cause.

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    The worry is that the protest could degenerate into anarchy, bloodletting and general destruction of public properties. What happened during the #EndSARS protest is a pointer, as to how even the most well planned protest could be hijacked by forces beyond the control of the organizers, to visit mayhem on the general public and its infrastructure. More so, with hunger in the land, the adage that a hungry man is an angry man would play out. Of course, this writer is not in government and so is adversely affected by the hunger pangs ravaging the majority of Nigerians.

    This writer is also averse to acts of bad government, whether by local government administrations, state governments or the federal government, and he joins his voice to ask those in power to mend their ways. It is unconscionable and unbearable, for those in positions of authority to live in affluence, while they ask the rest of Nigerians to tighten their belts, and await a future Eldorado. The leaders at all levels must live by example. They must cut the offensive waist in public governance, and show obvious frugality in public spending.

    The executive and legislative members must lead by example. The corruption in the public space must be reined in for public angst to abate and peace to reign. While there is mass discontentment and hunger amongst the majority in the land, the answer does not lie in violence and wanton destruction of public property, which is the usual end result of the kind of protest that the amorphous organizers of #ENDBADGOVERNANCE protest wants to unleash on the country. If they can guarantee a protest without violence, they are free to go on. 

    This writer has canvased that PBAT has the capacity to turn Nigeria around, and is already putting the building blocks in place. What he needs to do, is to reign in the galloping inflation making mincemeat of the income of the average Nigerian. While the economies of other nations are buffeted by inflationary pressures, the economic malignancy of the recent past makes Nigeria a peculiar mess. Since PBAT begged to be elected, the time to act is now.

  • New beginning for NBA?

    New beginning for NBA?

    The Nigerian Bar Association (NBA), last Saturday, overwhelmingly elected Mazi Afam Osigwe, SAN, as her next president in a keenly contested election. While the other two contestants put up a decent fight, the victor won by a landslide. In a victory speech to his campaign team, which has gone viral on the social media, Mazi, sounded conciliatory to his opponents and urged his supporters to celebrate with decorum. He acknowledged that the two contestants are his brothers and urged those elected with him to roll up their sleeves for the heavy lifting ahead.

    Undoubtedly, there is enormous work ahead, particularly on how to make the NBA, less transactional in its relationship with her members. Perhaps, because of the enormous resources required to contest the presidential election, the winner is tempted to be transactional. After spending hundreds of millions of naira, which the presidential election reputedly costs, a winner may be charged to recover his investment, rather than charged to invest his time, talent and treasure to serve his colleagues and the society at large. But, as an association of lawyers, the society looks up to NBA for guide, when at cross roads.

    While not an opposition party to the governments in power at the national and sub-national levels, the association must always speak up against social injustice whenever the need arises. Considering its enormous human resources, the NBA is best situated to fight social injustice, especially when those affected, are the disadvantaged and the downtrodden. With the recent vigour shown by the Supreme Court in the suit instituted by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, on the interpretation of sections 7 and 162 of the 1999 constitution (as amended), the new NBA leadership should consider championing public interest litigation.

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    Of course, to achieve that, the association would have to seek a departure from the narrow interpretation of the doctrine of locus standi, as enunciated by the Supreme Court in Adesanya v President, FRN, (1986) 5SC 112; (1981) 2 NCLR. Should the NBA as a body engage in public interest litigation, it will send a signal to the apex court, that there is a need for departure from Adesanya’s case. Such a fire, if ignited by the association, would have far-reaching consequences for public administration in Nigeria, as private lawyers would on their own, push further, the legal frontiers.

    An easy model to emulate is India where with the activism of Justice P. N. Bhagwati and Justice V. R. Krishna Iyer, the Supreme Court of India, in the 1980s relaxed the traditional rule of locus standi, to allow public spirited individuals, to institute cases to serve social justice. In Khatoon vs State of Bihar, quoted by Wikipedia, a case was filed on the condition of prisoners in the Bihar jail, before the bench headed by Justice P. N. Bhagwati. The Indian Supreme Court decided that prisoners should receive free legal and fast hearings. Consequently, about 40,000 prisoners were released from jail.

    Of course, it is a notorious fact that the Nigerian prisons, recently baptized as Correctional Centres, is overcrowded, substantially by those who have not been convicted by the court for any crime. Euphemistically referred to as Awaiting Trial Men and Women, these “innocents” under the 1999 constitution (as amended), languish in jail, some without any hope, of ever being freed. Such persons are the disadvantaged and the downtrodden, whom the files containing the charges against them, have been lost, and neither the prisons nor the courts, have any record, of the alleged crime, for which they languish in jail.

    Sometime in 2021, this writer was privileged to serve as a team member, when the Knights of St. Mulumba, Nigeria, organized a Policy Advocacy Conference on Decongestion of Correctional Centres. According to the Honourable Minister of Justice, there were 74,127 inmates in custody in the nation’s custodial centres, out of which 52,226 are pre-trial inmates, otherwise known as Awaiting Trial Men and Women, while the rest 21,901 are convicts. To make matters worse, the capacity of Nigerian Correctional Centres is about 50,083, and so it is overpopulated by the “innocents” under the 1999 constitution (as amended).

    So, amongst other things, the newly elected NBA president and his team, while pushing the political office holders to take necessary steps to decongest the correctional centres across the country, should ignite interests in public interest litigation, to engender social justice in the country. As Mazi, should know, many of his colleagues, see the NBA officials at national and branch offices, as not different from the national and sub-national politicians, who see public service as transactional businesses. Many lawyers are disillusioned with the NBA and that explains the determined efforts, by some, to have alternative association of lawyers, registered.

    At an event of the budding Amuwo-Odofin Lawyers Forum, members sympathetic to the emergence of Afam Osigwe, SAN, as the NBA president, expressed hope, that he would tame the unjustifiable costs associated with the NBA conference. The forum, made up of lawyers, within Amuwo-Odofin Local Government Area, Satellite Town, Okota, and environs, canvassed for the establishment of Amuwo-Odofin Judicial Division, and urged that the Afam Osigwe, SAN-led national executive, protect the encroachment on the businesses of lawyers in Nigeria, by foreign jurisdictions.

    The protection of the Nigerian legal field is one that appeals to Nigerian lawyers across the country. There are also local opportunities for lawyers, which the new administration should secure to increase businesses for lawyers. One of the hottest issues, during the electioneering campaign was the welfare of lawyers, both junior and senior. No doubt, Nigerian lawyers hope that the promises made during the campaign will be kept. Undoubtedly, the economic challenges facing the country impacts very negatively on the professionals, and the NBA is in a position to ameliorate some of these challenges, using the advantage of numbers, to bargain.

    The larger society also expects the NBA to look inwards, at the bar and the bench, to foster self-cleansing. To pretend that the legal profession is not afflicted by the pervasive decay afflicting the larger society, is to play the ostrich. The Afam Osigwe, SAN, led executive should take steps to make the society regain its confidence in the legal profession, by ensuring that lawyers who engage in professional misconducts are punished, regardless of status. It can also devise a whistle-blower template, to help the National Judicial Council (NJC) deal with the pollutants on the bench.

    One interesting aspect of the election was the ease with which votes were cast, by voters. The seamless electronic voting procedure ensured that anyone willing to vote, did so, without any exertion. Clearly, the present Electoral Committee of the Nigeria Bar Association (ECNBA), has one or two things, to teach the Independent National Electoral Commission (INEC), on the conduct of elections.

  • AGF and Supreme Court

    AGF and Supreme Court

    The Attorney General of the Federation and Minister for Justice (AGF), Lateef Fagbemi, SAN, has one more case deserving of the immediate attention of the Supreme Court even as Nigerians celebrate the recent judgment on the inviolability of democracy as the only acceptable system of governance at the local government level. Last week, the Supreme Court in a unanimous judgment by the full complement of seven justices, gave an unequivocal endorsement of Section 7 of the 1999 constitution (as amended).  

    Section 7 provides that “the system of local government by democratically elected local government councils is under this constitution guaranteed, and accordingly, the government of every state shall subject to section 8 of this constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.” Section 8 deals with creation of states and local government councils, and the consequential matters, including boundary adjustments. So, without equivocation, the constitution provides for the sanctity of democracy at the local government councils.

    Sadly, since the end of the tenure of the first set of democratically elected local government officials in 2003, majority of the state governments employing extra-constitutionally means abrogated democracy at that level. Against the express provision of section 7, some state governors by subterfuge, introduced what they ingeniously refer to as caretaker committees to run the affairs of the local government councils. Even where chairmen and councillors of local government are democratically elected, some governors assuming powers which the constitution did not confer on them, capriciously dissolve local council administrations, and impose caretaker administrations, with the connivance of the state legislators.

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    By resorting to caretaker administrations, a system of government not recognized by the 1999 constitution, the concerned governors, do grave violation to the provisions of section 1(2) of the constitution. The Justices of the Supreme Court were unequivocal in condemning such conducts and referred to them as gross misconduct, which is a ground for impeachment proceedings, under section 188(2)(b) of the constitution. Section 1(2) provides that “the Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this constitution.”

    As if the coup de grace against the administrative organ of the local councils were not enough harm, the governors relying on the provision of section 162(5) and (6) of the constitution, appropriated their financial independence, by unlawful capture of the sums due to the local government councils, from the federal account. While agreeably subsections (7) and (8) are contradictory, the clear intentions of section 162, with respect to the allocations due to the local government councils, from the federation account, are reiterated by a combined reading of the provisions of subsections 3, 5, 6, and 7 of the section.

    The clear intended meaning is what the Supreme Court affirmed in its landmark judgment, last week. That intention is that monies due to the local government councils from the federation account shall be paid over to the councils, without any pilfering, whether “on such terms and in such manner as may be prescribed by the National Assembly” as per subsection 7; or “on such terms and in such manner as may be prescribed by the House of Assembly of the state” as per subsection 8, both of section 162 of the constitution.

    It is noteworthy that the Supreme Court perhaps relying on the Golden and the Purpose rules of interpretation creatively helped the lawmakers to make sense of the conflicting provisions in section 162 of the constitution. There are four major rules of interpretation, namely the literal rule, golden rule, mischief rule, and the purpose rule. The golden rule is resorted to where the words used in the statute would create absurdity, and so a secondary interpretation is resorted to, as the lawmakers do not make statutes that are absurd.

    On the other hand, the purpose rule of interpretation, allows the judge to take into account the purpose and intention of the legislation, in its judgment, and not to be restricted to the strict and narrow interpretation of the words in the statute. The Supreme Court, as the apex court, is not just an adjudicatory institution, but also a quasi-law making authority, which can use the golden and/or purpose rules of interpretation to correct the absurdity in a statute like in section 162, which some state governors have used to unlawfully make the local government councils, worse than a department in their government house, as well as an avenue for corrupt enrichment.

    As some have argued, the far reaching judgment of the Supreme Court may not conclusively cure the ailment in the local government administration, but this writer believes that it should have far reaching impact on the administration of local government funds, which had become an object of freewheeling bazar. The judgment effectively restricts the federal government from funding caretaker administrations, being an aberration to the constitution. It also, provided for direct payments to the local government councils, from the federation account.

    While the judgment is not a cure-all medicament, it should impact positively on the administration of local government councils in Nigeria. The state governors who have commented on the judgment so far, have expressed willingness to abide by the judgment of the court, and the National Assembly, expectedly would enact the necessary general legislation to guide the administration of local government councils in the country. The AGF and the administration of President Bola Ahmed Tinubu (PBAT) deserve commendation for reining in state governments that are perennial abusers of the local government council administrations.

    The next challenge I throw to the AGF and the Tinubu administration is to approach the apex court to interpret the provisions of the constitution on powers and control over public funds. Sections 80-84 and 120-123 of the 1999 constitution provides that all monies to be spent, either by federal or state executives, must be in accordance with provisions of an appropriation act, or otherwise authorized by the legislators. For this writer, it is an aberration that the executive expends huge chunk of either the federal or state resources without appropriation, under any guise.

    As I have argued in the past, the so-called security vote, which the executive arm of government, at federal or state levels, and which many heads of departments of federal and state agencies have copied, remain an aberration to the provisions of the 1999 constitution (as amended). It is absurd, that elected officials, or appointed executives, in a democracy, would have at their disposal, humongous resources of the state, which they are entitled to spend at their whims and caprices, without oversight by another authority. I hope the AGF would accept this challenge in the interest of further deepening our democracy.

  • Alternative court judgments

    Alternative court judgments

    Dissimilar interpretations of recent judgments of the Court of Appeal on the dispute in the Rivers State House of Assembly, and the Federal High Court, on the Peoples Democratic Party’s gubernatorial party primary election, in Edo State, may have resurrected the ‘alternative facts’ theory, that gained prominence during the first term of former President Donald Trump, of the United States of America. The theory of ‘alternative facts’ is attributable to the beguiling Kellyanne Conway, counsel to that infamous former USA president, when she tried to justify the barefaced lie of Sean Spicer, the former White House press secretary. 

    The former press secretary had claimed in his first press conference that the crowd that attended Donald Trump’s inauguration was the largest in history, and when his interviewers accosted him with facts that the claim was false, instead of apologizing for the error, he dug in, insisting that he is right. When his boss, Conway, was pressed by an NBC News interviewer on why the press secretary made the false claims, she called the falsehood ‘alternative facts’. She refused to accept that the press secretary just lied.

    The two recent judgments seem to resurrect that line of thinking, as the parties in the disputes are clearly pushing forward alternative interpretations of the judgments. In the Rivers State case, Hon. Oko Jumbo, who is laying claim to the speakership of the minority three-man assembly, has promised to appeal the judgment to the Supreme Court which is the right thing to do. Jumbo had approached the State High Court, which through a motion ex parte, granted an interlocutory order restraining the other 25 members from parading themselves as members of the state House of Assembly, having defected from the PDP, under which they were elected, to the APC party.

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    The court restrained the speaker Hon. Martins Amaewhule from parading himself as the speaker of the assembly, and further forbade the state governor, Sim Fubara, from dealing with that group as members of the state assembly. Following the interlocutory injunction, Jumbo and other two members presented a façade of a legislative assembly in action. Amaewhule and the other 24 members appealed the ruling. In its judgment, the Court of Appeal held that the High Court of Rivers State lacked jurisdiction by virtue of section 272 (3) of the 1999 constitution (as amended) to determine whether the tenure of a member of the House of Assembly has ended.

    Section 272(3), I thought is clear and unequivocal, until there were several alternative interpretations, in a manner akin to alternative judgments, by lawyers, legislators and laymen alike. The section provides: “Subject to the provisions of section 251 and other provisions of the constitution, the Federal High Court shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the House of Assembly of a state, a governor or deputy governor has ceased or become vacant.”

    The Court of Appeal thereby set aside the orders of the lower court, and further averred that the lower court acted hastily, by relying on an ex parte motion, to make the far reaching decision, when there was no clear urgency that could necessitate that. The ordinary interpretation of that clear, unambiguous and succinct finding of the appeal court was that Amaewhule and his companions are free to parade themselves as legislators. And that the speakership position of Amaewhule was restored, and that the governor is bound to continue to treat them as state lawmakers.

    But many, including Oko-Jumbo, who has appealed the judgment, also proffered alternative interpretation of the judgment, or if one may, offered several alternative judgments, by insisting that the setting aside of the interlocutory injunction, does not mean the parties have returned to status quo ante bellum. Hon. Ikenga Ugochinyere, representing Ideato Federal Constituency practically pranced on the judgment and declared his alternative interpretation of the judgment, and dared any opinion to the contrary. He encouraged Governor Fubara, to take necessary steps to uphold his alternative interpretation of the judgment.

    Despite the restoration of the status quo by the Court of Appeal, the three-man faction of the state assembly, is proceeding with her so-called legislative duties, by inviting the governor’s nominees for confirmation as commissioners, after all, the Attorney General and Commissioner for Justice, Dagogo Iboroma, SAN, whom they ‘earlier confirmed’, is still the chief law officer of the state. Governor Fubara also made a short shrift of the judgment, declaring that there is no cause for alarm as he continues to deal with the three legislators as the duly constituted House of Assembly.

    In neighboring Edo State, the Federal High Court’s judgment has elicited another road of alternative interpretations, by different interest groups. Three ad hoc delegates, elected to participate in the PDP governorship primary, feeling the threat of being excluded approached the court, seeking an order of mandatory injunction, restraining the party from excluding them from the primary. The court found in their favour, and held that they are authentic delegates for the primary election and further restrained the party from excluding them from the primary.

    Having held the primary, with the parties excluded, some of self-appointed interpreters of the judgment are claiming that the judgment has no effect whatsoever on the PDP candidacy of Asue Ighodalo. In their alternative interpretation, they claim that the court did not issue any order nullifying Ighodalo’s primary, as the PDP candidate, even when the consequential order of the judgment is that the primary that produced him has been declared invalid. Luckily, those with clear heads, have said the party will approach the appeal court, to set aside the judgment.

    Of course, while not delving into the merits of the case, it is ridiculous that some have argued that Asue Ighodalo is not affected by the judgment of Hon. Justice Iyang Ekwo of the Federal High Court. In Vaswani vs Savalak, 1 ACLC, at 449, Coker JSC, held: “when the order or judgment of a lower court is not manifestly illegal or wrong, it is right for a court of appeal to presume that the order or judgment appealed against is correct or rightly made until, the contrary be proved or established and for this reason the court of appeal and indeed any court, will not make a practice of depriving a successful litigant of the fruits of his success unless under very special circumstances.”

    There are several other cases, across the country, where lay persons by themselves or through their counsels, seek to preside over the judgements of the courts, especially political cases, like an appellate court. At other times, outright lies are peddled to obfuscate a clear judgment of the court. Since the courts cannot engage in propaganda, to square up with those pushing out the alternative facts, the ordinary public is left in quandary.

  • Tinubu’s economic strategy

    Tinubu’s economic strategy

    Those who invest hope in President Bola Ahmed Tinubu’s presidency, may eventually have the last laugh. I say so because despite the crunching economic hardship afflicting majority of the citizens, the administration is engaged in fundamental economic restructuring, that all things being equal, will reflate the economy and start the trajectory towards a structured economic rejuvenation and growth.

    Some key economic plans that can change the dynamics include, the N180 trillion consumer credit scheme, the N15.36 trillion naira Calabar-Lagos Highway, the Sokoto-Lagos Highway, the Enugu-Ogoja-Ikom Highway, and the Port Harcourt to Maiduguri railway line. Also the massive housing schemes that have kicked off in some states. If these projects are vigorously pursued, one does not need to be an economic expert to know that they will reflate the economy and provide massive job opportunities.

    The 700 kilometre Lagos-Calabar coastal highway will connect Lagos to Cross River, passing through the coastal states of Ogun, Ondo, Delta, Edo, Bayelsa, Rivers, and Akwa Ibom, and end up in Cross River. On its part, the 1000 kilometre spur from Sokoto to Lagos will start from Sokoto, going through Kebbi, Niger, Kwara, Oyo, Ogun, and end in Lagos State. Another spur will go from Enugu-Abakaliki-Ogoja going to Cameroon, and through Otukpo to Benue to Nassarawa and end up at Apo in Abuja.

    The ambitious road projects if fully operational can suck several thousands of unskilled and unemployable idle youths, who are engaged or are tempted to join the criminal gangs engaged across various parts of the country. Between joining the gangs of bandits, cattle rustlers, kidnappers, separatist agitators and sundry criminal groups, on one hand, or the highway labour gangs, gaining useful skills on the job and meaningful income, with peace of mind, on the other hand; I have no doubt, that majority of the youths will opt for the latter.

    In addition to the gigantic road infrastructure plans, there is also the railway component, particularly the completion of the Port-Harcourt to Maiduguri rail line, started by the previous administration. That again is another labour intensive infrastructural project which will take care of a lot of idle hands. The housing projects of the administration with a plan for 50,000 housing units under the first phase, will also provide several job opportunities for skilled and nonskilled workers.

    The housing scheme will have direct massive impact on the disappearing middle class, should the N180 trillion Consumer Credit Scheme, enable them to buy some of the houses. While housing projects is not novel, the challenge in the past is that, usually the politicians with stolen wealth, and other wealthy individuals, buy off the houses, and the cycle of continuous dependency of the middle class, as tenants continue. But with the credit scheme in place, those cadre of Nigerians would be able to buy some of the houses.

    The credit scheme would also make monies available for other consumer goods, which in turn would keep the factories busy. That will in turn keep the workers engaged and better remunerated. And with the companies and their workers busy, tax returns for the states and federal government would also improve. The major challenge of the national economy is the abysmally low level of disposable income, within the middle and low income earners, who are in the majority. Such a scheme could change the dynamics, with less impact on inflation.

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    Small scale enterprises would also sprout from the increase in disposable income, as many of the big manufacturers rely on them for supplies and services. Luckily, there is the N125 billion fund for micro and small businesses, and the N75 billion to fund 75 enterprises, which the Tinubu administration announced last year. So, if the entrepreneurs have the resources to produce goods and the people also have access to finance to buy the products, the economy may likely rebound from the present crisis, in the nearest future.   

    The consumer credit may also have revolutionary impacts on corruption, amongst the working class, as the desperation to amass the necessary resources to buy a house, car, house hold items and other essential needs, for a comfortable living would reduce. Without a credit scheme, it will remain impossible for most middle income earners and definitely low income earners, to buy the basic household items they need, not to talk of assets like housing, without stealing.

    Credit scheme also imposes financial discipline on the people, as the debts incurred must be paid, as and when due, in other to keep enjoying the items already purchased. So, the people will learn how to spend their resources on what they truly need, and not on frivolities. The financial discipline also imposes economic planning, both for the producers and consumers, to the benefit of the national economy. If consumers are sure of the source of the resources to buy what they need, and the producers are sure that the goods would go off the shelf, both can plan.

    Apart from the government housing projects, the consumer credit scheme will encourage private investment in housing sector, just as in other enterprises. Investors, knowing that they can secure credit to build housing estates, and that they will be willing buyers who can access credits to pay under a mortgage scheme, the boom may be dramatic. The same will be applicable with other medium and small scale producers and their consumers, who can tap into the two ends of the credit scheme, respectively.

    However, for the projects to achieve the desired goals, the national credit register must be efficient, so that borrowers are easily traceable. Also, there should be better deterrent measures for those who will fail to repay monies borrowed. The legislators must be ready to enact legislations that would make it easier for creditors to get their monies or trade on the pledged assets. Once the debtor falters in paying back, there should be statutory administrative processes to gain recompense, instead of the prolonged litigation, which benefits the debtor.

    There is also the need to strengthen the bureaucracies in charge of the innovations, so that they would not be overwhelmed by the cankerworm of corruption that had made a mess of many laudable projects in the past. So, the credit scheme register must be well secured to ensure that it cannot be hacked into, to make recovery of credits impossible. Should the inter-related economic programs take off and copulate, the economic benefits may be enormous, in the nearest future.

    The challenge facing the Tinubu administration is how to ensure that the future they project comes into fruition, and more importantly, that the people see into the projected future, to be assuaged of the hunger and want ravaging them, presently. As I like to say, it would be unimaginable what will be the lot of Nigerians and Nigeria, should the Tinubu administration falter, irredeemably.

  • Emir as a trespasser

    Emir as a trespasser

    The action of the Kano State governor, Abba Yusuf, particularly the imbroglio over the throne of the Kano emirate, has further diminished the traditional institution in Nigeria. Historically, after the conquest of the Hausa kingdoms, in the 19th century, by the Fulani jihadists, the emergent religious/traditional kings, known as Emirs, became omnipotent within their domains, until their kingdoms were reconquered by the British imperialists. Notably, their powers have continually whittled down with each new democratic constitution, until presently, when they seem to be completely emasculated under the 1999 constitution (as amended).

    Clearly, the constitution did not reserve powers for the Emirs, Obas, Ezes, and similar traditional title-holders, across the country, despite the glamour and influence they have over the people within their domain, and even beyond. While the governors, when expedient refer to themselves as subjects of the traditional kings, and give the impression that they treat their kings with some reverence, the kings’ impotence are revealed whenever they disagree or hold different opinion from the governors, who wield enormous constitutional powers under the 1999 constitution.  

    Governor Abba Yusuf of Kano State has shown that any claim about his respect for the royal institution of the Kano emirate, is glib. Despite any pretence of being a subject, he has shown scant respect and regard for the title of the Emir of Kano. Otherwise, how could he in an effort to get at his political opponents, desecrate the same institution that he purports to protect? To add salt to the festering injury inflicted on the Kano emirate, he has declared the 15th Emir of Kano, HRH Ado Bayero, a trespasser, in what ordinarily should be the Emir’s court.

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    According to a media aide to Governor Abba Yusuf, the dethroned Emir Ado Bayero has been served an eviction notice, to vacate the Nassarawa palace, where he took refuge, after he was unceremoniously and ignominiously removed from office. In a manner reminiscent of the military era, within 24 hours, the governor procured a law from the state House of Assembly, reuniting the five emirates carved from the old Kano emirate, into one. The law was made without any pretence to democratic tenets of public hearing, to know what stakeholders and general public think.

    The result was the purported sacking of Emir Ado Bayero of Kano, and the other four Emirs of Bichi, Karaye, Gaya and Rano, in a most contemptuous manner. Feeling abused and humiliated, a kingmaker, Aminu Agundi, approached the Federal High Court, praying the court that his fundamental human rights have been violated. Hon. Justice Muhammad Liman, by ex parte, ordered for the maintenance of the status quo, pending the hearing of the motion on notice. While the matter was sub judice, Governor Yusuf, flagrantly went ahead to sack the five emirs, installed Emir Lamido Sanusi, as the 16th Emir, and contemptuously abused the judge, for allegedly issuing the orders from outside the country.

    But for his immunity, under section of 308 of the 1999 constitution, the governor ought to have been charged with the contempt of court. This column, believes that a court whose unequivocal order has been desecrated by parties before it, should not surrender like a helpless wimp, but rather strike at the contemnor with its enormous inherent powers. In reaction to the publicly declared contempt of the governor, the court went ahead to declare all actions done by the governor in violation of its interim order as null and void.

    Of course, the issue of jurisdiction would be dealt with at the Court of Appeal, and the appellate court would determine whether the substantive issue before the court is a fundamental human rights claim or substantially a chieftaincy matter. At the end, while the governor may eventually have his way, actions done in defiance of the court’s interim order, which the federal judge rightly frowned at, would have become casualty. Governor Yusuf, clearly denigrated the court, when he ignored the interim injunction, and went ahead to depose Emir Bayero and install Emir Sanusi.

    The latest order that Emir Bayero would be evicted like a common trespasser further shows how low the traditional kingship has been defamed in Nigeria. The governor through his aides said Kano has earmarked N99.92 million to renovate the Nassarawa palace, which they derisively called a cemetery/graveyard, albeit with a part of it serving as a guest house for important dignitaries. They also claimed that the building is defective, and needs to be renovated, adding that it is therefore unsafe for the Emir to live in the palace. 

    But assuming that the Kano State government is the rightful owner of the palace, a trespasser, especially one which has the consent of the landowner has some rights which the law would protect. There is no doubt that Emir Bayero until he was purportedly dethroned, had right of access to the Nasarrawa palace, now in contention. If that is the case, there would be no doubt that he had the express consent of the Kano State government to use the palace.

    As held in Okubule vs Oyagbola, (1990) 4 NWLR (pt 147) 737, the Supreme Court, per Karibi-Whyte JSC held that “A person whose entry or continuance upon premises is with the leave and license of the owner who is the landlord, cannot become a trespasser. The relationship of landlord and tenant having been created exists between them.” In Ekwere vs Iyiegbu (1972) NSCC 438, the court further held that “a customary tenant who misbehaves should be sued for forfeiture of his holding, not trespass to land.”                   

    Governor Yusuf must realize that Justice Liman while not annulling the law made by the Kano State House of Assembly, had annulled the deposition of Emir Ado Bayero, and the installation of Emir Sanusi. The import is that he entered the Nasarrawa premises legitimately, and may be staying there lawfully. The Kano State Attorney General and Commissioner for Justice, Haruna Dederi, who sought to interpret the ruling of the Federal High Court, to make Governor Yusuf, happy, must resist the temptation to resort to self-help, in evicting Emir Bayero from the Nasarrawa palace.

    The admonition of Salami JCA in McLaren vs Jennings (2003) 3 NWLR (pt 808) 470, on self-help is recommended to him. He said: “Resorting to force rather than rule of law is fast gaining currency. This does not augur well for the profession. It is a wind of change that blows no one any good. If the members of the profession decide to throw to the winds the ideals of rule of law they, in no distant future, stand to reap whirlwind.”

    What is happening to the Kano Emirs, in the hands of their “subjects” elected to constitutionally guaranteed offices, shows that the traditional kingship in Nigeria, has become anachronistic.

  • Second anniversary expectations

    Second anniversary expectations

    Agreeably, it is unfair to judge a four-year marathon race at the first anniversary turn because those at the back end may increase their pace to become champions while some in the fore-front may lose steam and lag behind towards the finishing line. But as the African adage says, the chick that would be a magnificent rooster shows the signs early enough. So, by the second year anniversary, which is half of the four-year term, certain parameters must be in place to show the potential for regime success.   

    For this column, the two key issues the federal and state governments must face squarely in the next one year are security and energy. Should they solve those two challenges, the national economy will rebound, unemployment will dip, the value of the naira will appreciate, food security will redound, and the gross domestic product will surge. Within the energy sector the most telling challenge is electricity supply. This writer therefore urges the federal and state governments to collaborate, to change the dynamics. Already, some states have enacted necessary legislation to take their destiny in their hands, and those yet to do so, should imitate their peers.

    On its part, the federal government should redouble the effort to strengthen the national grid. It is challenging enough that our vast country is relying on a centralized grid, with all the security challenges, such a plan pose to the nation. While senior government officials are castigating the labour unions for shutting down the national grid during the recent strike action, it is hoped they also realised that enemies of the country, can exploit such centralisation to harm the country.

    So, the federal government should have a plan to decentralise the national grid, for efficiency and as a measure to forestall a national sabotage. The states can also fasten the process of decentralisation, by establishing state grid or collaborate for a regional grid. The Electricity Act, 2023, has made provisions empowering states to generate, transmit and distribute electricity within their states. The law also provides for the use and integration of renewable energy into the Nigerian energy mix, and the security of investments and regulations that can attract private capital.

    The other problematic arm of the energy sector is the supply and cost of cooking gas, petrol and diesel, which directly impacts the populace. Luckily, the chairman of the Dangote Refinery, Aliko Dangote, has said that the price of petrol would crash once his refinery starts operation next month. Many are concerned that similar promised crash, in diesel, has not been as dramatic as expected. So, they are asking: would the introduction of Dangote petrol, make any significant difference in the pricing?

    Nigerians earnestly hope it would. There is also the promise that the Port Harcourt and Warri refineries would soon come on stream. There are also a few modular refineries, which should add to the volume of available petrol and diesel. Hopefully, also, the much promised resort to compressed natural gas, CNG, would impact significantly on the energy mix, to further reduce the cost of petrol and diesel. The federal and state governments must do all they can, to ensure that these promises and potentials are realized, by the second anniversary of the regime.

    The security challenge facing the country, is something the federal and state governments must quickly do better than they are doing. What baffles this writer is that governors who are bearing the ignominy of insecurity, as lame duck chief security officers, are not enthusiastic about finding solution to the problem. Since the start of insurgency in the northeast, governors have always lamented that the problem bedeviling their states, is uncontrollable because they have no control over policing in their domains. Sadly, as insurgency reduced in the northeast, banditry escalated in the northwest.

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    Last week, Governor Dauda Lawal of Zamfara State was all lamentations. Hear him: “We, as governors, don’t have control over military, we don’t have control over the police as well as the civil defence. In most case we get frustrated.” He went on: “When you need these people, they are nowhere to be found and the best thing to do is to set up that kind of security outfit.” He continued: “Sometimes, when you are really helpless, when you need them, they are not there. Even when they are there, they are given certain instruction on what to do and what not to do.”

    His lamentations are not different from that of his predecessors, across the states, whether in the northwest, or other regions across the country. It was so under presidents Olusegun Obasanjo, Musa Yar’Adua, Goodluck Jonathan, Muhammadu Buhari and now Bola Ahmed Tinubu. But surprisingly, the call for state police, has not gained enough traction amongst the governors. If the majority of the governors feel the need to have control over the police, why have they not encouraged their representatives, at the National Assembly, to push for constitutional amendments, to have state police?

    Governor Lawal, boasted that with the right political will, he can rout the bandits making life unbearable for the state. He said: “In two weeks, we can take care of the situation but the political will are not there” He reiterated: “We know who they are. We know where they live. It is just that there is no political will.” He affirmed: “Zamfara State has become the hub of banditry in Nigeria. If you are able to take care of Zamfara today, you have solved more than 90% issues in northern Nigeria as a whole.”

    No doubt, the hunger ravaging Nigerians would subside if the business of banditry that has overwhelmed the northern Nigeria is curtailed. Whether in the northwest, northeast or north central, bandits who rustle cattle, extort farmers, kidnap for ransom, and kill and maim for no cause, are substantially responsible for the food insecurity that is pushing our country to the edge. If the federal and state governments can decisively deal with the insecurity across the country, the nation will inexorably return to the path of growth and development.

    For this column, the twin challenges of insecurity and energy remains at the root of our present challenges, and our leaders can solve them, more so with President Tinubu at the helm of affairs. As many pundits have rightly posited, the solution to national economic growth lies with the small and medium enterprises. As evident, despite the plethora of fiscal interventions, that sector has not been able to deliver as expected. Their core underlining challenge is energy, and unless and until that is solved, no amount of subventions would make any difference.

    By the second anniversary of the federal and state governments, it is hoped they would have impacted significantly on the national energy crisis and the insecurity ravaging the country.

  • Emerging state tigers

    Emerging state tigers

    In the midst of the economic challenges ravaging the country, especially with the Labour unions threating to resume their debilitating strike over the demand for a new minimum wage, there are some state governors, making giant economic strides that could transform their states, to economic tigers. While not exhaustive, they include Enugu and Niger state governors. A major emphasis for the economic growth of the states should be agriculture and agro-allied industries which would cure hunger and unemployment, in one fell swoop, for the majority of states in the country.

    Governor Umaru Bago, of Niger State is placing emphasis on food security and agricultural mechanization programme and his plans are exciting. With the largest land mass amongst states in the country, measuring 76,363 km2, substantial part of which is arable and hosting Niger River valley, the state is well positioned to be a major agricultural hub in the country. Commendably, Governor Bako is focusing on championing agricultural revolution in the state which presently, is hosting a number of large scale rice mills.

    There is a large scale rice farm in Swashi village, Borgu Local Government Area, reported to cover 3,000, hectares, and is worth about $15 million investment. The Kiara Rice Mills Limited is reputed to be Africa’s largest rice mill. With an investment worth $30 million, it is located in Kpatsuwa village, in Mokwa Local Government Area, and it is said to produce 350 metric tons of rice annually. Mostly, private investments, they are made possible, because the state government has provided the enabling environment.

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    President Bola Ahmed Tinubu (PBAT) must have seen that commitment, to make out time, to visit the state about three months ago, to commission about 1,000 tractors and other agricultural equipment which would galvanize agriculture development in the state. Commending the governor, PBAT said: “we have seen the level of commitment here. We have seen leadership. The success of any leader will depend on the ability to do what needs to be done when it ought to be done.”

    Clearly, Governor Bako appears to understand the connection between the ravaging insecurity plaguing his state and unemployment. Niger State, abutting the federal capital territory, Abuja, and with large expanse of ungoverned spaces, constitute a threat to itself and its neighbouring states and the FCT. The state, also endowed with vast mineral resources, is an attraction to the bandits and vagabonds, who engage in illegal mining, and have made life very unbearable for the law abiding citizens in the area.

    So, attracting investment and providing machineries for indigenes of the state to engage in commercial agriculture is not only encouraging the economic growth of the state, but dealing a blow the insecurity in the state. The governor also talked about a collaborative effort with Kogi, Benue, Kwara and Lagos states, which is a welcome development. A state like Kogi, which is afflicted by bandits and sundry criminals, roaming much of its ungoverned space, should take a cue from the Niger State government, and turn its land to meaningful use, to ameliorate their challenges.

    Enugu State is another state whose governor is an exemplar in growing the state economy. One exciting news for this columnist is the gradual revitalization of the cashew industry in the state. There are large expanses of cashew plantations in Oghe and Oji River areas, and they use to be a major income earner for the southeast region, under Dr. Michael Okpara, as the premier of the region. Should the state government show the kind of commitment to cashew production as it is doing in other sectors, the local economy of the communities and local governments where the plantations are would be better for it.

    With an ambitious plan to grow Enugu State economy from the current level of $4.4 billion to $30 billion, the governor is surely one of the governors to watch. The magic the governor did with making water available in the metropolis, after decades of neglect, within 180 days of assuming office, literally turned him into a hero amongst the urban populace, and this columnist asks him, to remember the rural communities. They too need pipe borne water, after all, what is good for the goose, is good for the gander.

    Another interesting area of development in the state is the education sector. Few days ago, I was talking to a relation, a retired principal of a secondary school, and she shared startling information about the senior secondary school examination going across the state. The state government has threatened any school principal, whose students are caught in examination malpractice, with demotion. My relation told me of a principal, who called together the final year class, to plead with them, not to engage in malpractice, to save her job.

    The school authority is also formally banned, from entertaining the examination invigilators. She said schools are only entitled to provide water and nothing more for the invigilators. The state governor, who boasted in an interview that he has not seen anywhere in the continent or elsewhere where similar education plans like his, is being implemented, within the time limit he set for himself, may actually be correct. In fact, another relation of mine, who has been in politics since the Babangida era, rubbished the governor’s plan to build 260 smart schools, across the wards, as unrealistic.

    But the governor has boasted that he will deliver on that promise, and has budgeted a massive 33 percent of the 2024 budget, for education, far higher than the UNICEF standard. He promised to deliver 12 years of free and mandatory education for every child, using what he referred to as Experimental Learning. From age three, the child is taken through pre-primary, when still impressionable, and within that three years, the moral proclivities of the child, will be moulded. No doubt, the plans are bold and exciting.

    The governor claims he wants to produce, versions of Elon Musk and Mark Zuckerberg, in the state. He is also planning to recruit and train the teachers to do the magic. Of course, the state with the crown jewel as a sub-national tiger is Lagos State, reputed as the fifth largest economy in Africa. With a gross domestic product of $84 billion, and the continuous massive economic add-ons, like two deep sea ports, at Lekki and Badagry, new rail lines, and agricultural partnerships with states that have what Lagos lacks – land, Lagos remains the exemplar of state tigers.

    Luckily, PBAT was a state governor and one who suffered some deprivation from the federal government while he was in power as governor. He is therefore in the best position to collaborate with any state governor, willing to set his domain on the part of sustainable growth. As he keeps reiterating, the economic recovery and growth of the nation needs the collaborative support of the sub-nationals.