The Nation Newspaper

Category: Tuesday

Rivers roforofo

By the time the on-going spectacles of solidarity marches and high street choreographies in Port Harcourt, the Rivers State capital finally dies down –which seems unlikely anytime soon – one hopes that the good people of the Treasure Base of the Nation, as indeed the rest of Nigerians – will still retain the presence of mind to reflect on the humongous of the cost of the crisis that they have been sucked into by actors whose understanding of political brinksmanship borders on insanity.

By this I do not refer to the cost merely in naira and kobo terms but also breaches in communal relations, resurgence of ethnic animosities and, as you might imagine, the brazen disregard, if not outright contempt for of the constitution and the constitutional order by those ever so eager to mouth the need for its protection.

To declare the play by the political actors as anything short of an all-out war is to understate the enormity of the looming tragedy. While the guns may not have begun booming as yet – at least at this point – the way the two sides of the divide are massed in their dug out trenches can only be a foretaste of the looming battle – the equivalent of political war of Armageddon.

Clearly, if the attempted arson on the very symbol of representative democracy – the parliament – was meant to be a teaser, the blatantly crude and monstrously riotous play by the various shades of actors in the divide are certainly pointers to the dangers lurking on the horizon. Last week’s despoliation of the parliament by the raging bulldozers of an endangered and apparently frightened governor can only but signpost that the grave matter has finally reached a point of no return. Never mind that it was orchestrated by a fazed executive, the act reaches beyond mere symbolism; it is bad for the law and process, the orderly society and of course democracy. It smacks of desperation.

Yes, the joke is on the Rivers State governor – Amaopusenibo Siminalayi “Sim” Joseph Fubara. His metamorphosis is all by now, complete. The one-time meek, genuflecting executive has – as it is – fully come to his own. He is not only now described by his hordes of fawning supporters as the lordly Mayor of the Garden City state, he now adorns the full armour of the Creek Lord primed to vanquish every foe. Talk of one moment providing invaluable lesson in human transformation; the world now sees the man in his true essence. And what an unsightly image to behold!

Last week, the governor became at once the structural engineer, the site demolitionist and the governor all rolled into one – not so much in defence of democracy or its institutions, but in the morbid game of survival and regime preservation.

Surely, Nigerians are entitled to believe what version that suits them on the on-going ruckus between political godson and godfather in Rivers State. The one says the governor has no right to destroy the structure that brought him into office; the other insists he did no wrong and so could not be seen to live under the shadow of anyone –in carrying out the business of the good people of Rivers State.

Thanks to conflict entrepreneurs, the conflict has also been framed as a war of liberation, in which the governor’s crime is asserting his ‘independence’ from the godfather, who, permanently condemned to crossing the line of political decency by his high-handedness and overbearing nature, needed to be tamed for the good people of Rivers to breathe!

Again, thanks to those adept at weaving the single-story narrative, Fubara, has been riding the crest, egged on, by those who insist he could do no wrong since Wike is involved!

My worry is not the game at play – and there are many strands to it: his so-called war with Wike, his now estranged godfather, the unending drama on the streets and Government House precincts by political jobbers and countless others with axes to grind; the self-serving rallies supposedly staged to strengthen the hands of the governor; the now legendary opportunism that would see the governor present his first budget to a motley assembly of four persons in a 32-member parliament, and the chief of them all – the unequal contest between, for now, an all-conquering governor and an effectively decimated parliament.

Hopefully, all of them would be straightened out one way or the other – either by the judicial process or the political process in the fullness of time. For far beyond the aberration is the extent to which some Nigerians would be willing to tolerate, if not encourage a bigger evil, in the bid to extirpate a lesser one – just because it is expedient to do so.

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As I see it, it would seem that the man, Fubara, will not hesitate to pull down the roofs, if it came to that!

By this I mean his ongoing cynical assault on the constitution and process. As has become obvious now: those who trained him certainly trained him well in that old school of political subterfuge of which Godwin Obaseki, the Edo State governor is now its acclaimed poster-boy!

Remember, in Godwin Obaseki’s Edo, 14 elected lawmakers in a parliament of 24 members were shut out by their colleagues – never to return – all because the governor wanted the leadership of his own choosing as against that of his one-time godfather. That was in June 2019.

Of course, we had, before then, other aberrations such as governors banishing their lawmakers to Abuja because they couldn’t bear the thought of anyone but them calling the shots in the arena they are expected to dominate! Even the all-knowing Olusegun Obasanjo, who has, at various times, morphed from being president, statesman, letter writer to being lately, a ‘governance expert’ couldn’t resist, during his time, suborning state minority lawmakers to do his bidding from the cosy comfort of his Abuja Villa!

Today, courtesy of an all-powerful governor, a four-member parliament now sits and passes bills – including the all-important Appropriation Act and this in less than 96 hours, and that would seem just fine! And if that seems a mockery of the process; how about the equally mocking ex parte order gleefully handed the minority lawmakers by the court to take over a parliament at the expense of their majority members? And what do we say of the governor seizing upon the crime scene – the partially burnt parliamentary edifice – to order its summary demolition in what smacks of a final act of self-preservation?

Strange isn’t it that those who are now condemning the godfather are yet to see the damage being done to their state by their governor?

Yes – Nyesom Wike may in fact be guilty as hell of the charges against him. His methods may have been weird, eccentric and sometimes crude; what no one has yet suggested is a embrace of raw outlawry. Sadly, one wishes that this could be said of Governor Sim Fubara after barely seven months of being in the saddle.

December 19, 2023
Christmas comes to bless

This column wonders what type of Christmas Nyesom Wike and his estranged godson Sim Fubara would celebrate this season. As indicated in Luke 2:14, Christmas comes to bless. That was the 2023 theme of the annual Parish Festival of Carols and Lessons, of the Holy Family Catholic Church, Festac Town, where I am a parishioner. For Wike and Fubara, unlike my parishioners, this Christmas has not come to bless. Indeed, instead of blessings, curses would be on the lips of the Rivers State gladiators and their followers.

They would even conjure Abrahamic blessings. As God promised Abram Gen12:3, I will bless those who bless you, but I will put curse on anyone who puts a curse on you. Looking at Governor Fubara the other day Wike came into town, it was as if instead of participating actively in the Rivers State University program, he was busy muttering curses on his enemy. On their own part, the faces of the 27 Rivers State House of Assembly members whose place of business has been destroyed by Governor Fubara, showed there would be no blessings this Christmas.

Perhaps, the curse is on Rivers State since the birth of this republic. Starting with Peter Odili, who in pursuit of his dream to be president, became the cash cow for the Peoples Democratic Party (PDP). After wasting the resources of the state in pursuit of his ambition, former President Olusegun Obasanjo, whom many believed had egged him on, torpedoed the entire plans. Soon after came Rotimi Amaechi, who again was possessed by the spirit of presidential ambition in conceit.

In search of a stepping stone to the presidency, he deployed the resources of the state to help Gen. Muhammadu Buhari become a president. Unfortunately, as the last All Progressive Congress (APC) presidential primary showed, Amaechi deployed the resources of the state in pursuit of an ambition taller than him. Soon, it was the turn of Nyesom Wike to suffer the curse. With an eye on the same presidency, he deplored the resources of the state to match the serial presidential candidate, Alhaji Atiku Abubakar.

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After dueling Atiku reputed to have deep pockets to death of his forlorn presidential ambition, Wike made a detour to align with President Bola Ahmed Tinubu, who eventually won the election. Even before his new political journey started, his well packaged home front turned a façade. For reasons likely similar to what propelled his predecessors, Governor Sim Fubara, even before he learnt the tricky steps of power, bared his milk teeth to devour. Those egging him on will continue to milk the state for the rest of his gubernatorial season.

Perhaps, it is the resource curse that is afflicting the pretentious potentates that happen on Rivers State. How Fubara hopes to spend quality time and resources for the benefit of Rivers State, in the next four years, when attack dogs are snarling behind him for the entire tenure of his governorship beats this columnist. As my people would say, he who fetched ants infested firewood, has invited lizards to feat in his homestead.

The choice of a Christmas that comes to curse, instead of one that comes to bless, is a choice to make. While no doubt, the economic realities are very harsh, there is still joy and hope as the bells jingle, heralding the birth of the Lord and Saviour of the world. This writer has chosen a Christmas that comes to bless and so wishes his readers blessings from heaven above.

It is also a time to give the brain a little break.

December 19, 2023
70 hearty cheers Ogbakokpo

Turning 70 years on October 23 is a testament to a life well lived, and I give glory to God for His grace on the life of my dear Chief Christopher M. Okafor (Ogbakokpo). Attaining 70, in good health of mind and body calls for thanksgiving to God Almighty. So, his family and friends will roll out the drums in pomp and pageantry, on December 31, as a fitting testimony to the monumental achievements Ogbakokpo has accomplished, within the three scores and ten already in the kitty.

Urbane, suave and cosmopolitan, Ogbakokpo has remained an inspiration to his generation and those younger than him. Though my brother in-law since 1972, I became fully conscious of Ogbakokpo, during the activities of Imezi-Owa students’ union. He was amongst the revered leaders, held in high esteem for their educational exploits as undergraduates. A very visible teacher, social communicator and ballroom dancer, Ogbakokpo became a friend and an elder brother.

He was larger-than-life, after he graduated from the university, got a job and shortly after, bought a car that was used for those socialization programs, without any social barriers. Moving up the ladder, Ogbakokpo became a model for planning and investment. Frugal, when it comes to wasteful spending, he generously invested in the educational and economic empowerment of his people.

A philanthropist par excellence, Ogbakokpo ranks amongst the top givers for public works and public good in Amofia, Ogwoshua and old Owa Imezi, both aborigine and abroad. Whether in Amoshua, Lagos or Abuja, whether in the past or present century, Ogbakokpo is like a honey that attracts bees. Madu Oha, the young and the old mill around him in adulation, and his house remains an Ogbaja for all and sundry.

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In all his sojourns, Ogbakokpo remains a community leader for his people. In the church he is a joyous and cheerful giver. Within his social circles, he leads with aplomb, and his professional peers revere him as a leader. A statistician of world repute, his exploits in the Central Bank of Nigeria, where he rose to the enviable rank of Deputy Director and head of department, brought pride to our community.

Like the famous Okonkwo in Chinua Achebe’s Thing Fall Apart, Okpakokpo is well known throughout the seven villages of Imezi-Owa, and his social circles, as a man of monumental accomplishments. In recognition, he was honored by H.R.H Igwe Tom Inyiama, Ogwugwu Ebenebe 1, of Ogwoshua, with the chieftaincy title of “Ogbakokpo”. On a personal level, Ogbakokpo is my benefactor of many years, and I joyfully wish him a fabulous celebration on the occasion of his platinum jubilee.

On behalf of my family, I join his wife, Madam Ann, the children, the Okafors and all well-wishers to celebrate Chief Christopher M. Okafor, (Ogbakokpo), a great son of Amoshua, Ogwoshua, Imezi-Owa, Ezeagu, Enugu, Nigeria, Africa and the world, on his 70th birthday.

May God bless Ogbakokpo with boundless joy and happiness and many happy returns in good health of mind and body. Amen.

December 19, 2023
Tudun Biri: Beneath the blame game

More than a week after the unfortunate bombing that claimed scores of lives of innocent Nigerians at Tudun Biri village in the Igabi Local Government Area of Kaduna State, there has been enough outpouring of blames to reach every single Nigerian that has ever adorned the military fatigue. Strong words such as ‘incompetent’, ‘state sponsored massacre’ among other emotive phrases have been used almost without let, to describe the action of the military. All of these freely bandied by different shades of actors – ranging from those with heartfelt, humanitarian concerns to those that have one axe or the other to grind – including those so blinded by their ethnic and religious prejudices that nothing outside of those visors really matter.

Thomas Aquinas it was that said– “He who is not angry when there is just cause for anger is immoral. Why? Because anger looks to the good of justice. And if you can live amid injustice without anger, you are immoral as well as unjust”.

Reasonable Nigerians, as if heeding the Aquinas admonition, continue to express their anger and outrage. They have a right to be. They are right to demand that military actors subscribe to the highest levels of clinical, operational efficiency in combat missions. And this one in particular could well be – to put it mildly – one disaster to many – the deadliest since the 2017 air strike on Rann village in Borno State which killed 115 civilians. On that occasion, a Nigerian Air Force jet had mistakenly bombed an internally displaced persons’ camp believing it to be Boko Haram encampment. Listed among the victims of the bombing were six Red Cross aid workers – aside the more than 100 injured.

How many of such incidents have we had since the Rann incident? The answer unfortunately is – many. Take a few examples. On April 13, 2020, 17 people, including children, were killed after a NAF fighter jet bombed Sakotoku village in Damboa LGA, Borno State. A year and half later, an air strike by the Nigerian Air Force killed 64 people in Mutumji village in Zamfara State. And this year, we have recorded two incidents – one in Doma, Nasarawa State involving 40 herders, and the other in Galadima Kogo, Niger State, during which dozens of vigilantes were killed during a military air strike.

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If Nigerians ever needed reminders that war is a terrible thing, this ought to be such moment. Nothing like a good war – so to speak; worse when it is one between fellow citizens. But even more importantly is whether any lessons have been learnt. By this I do not refer only to the military now under the eye of the storm with strident calls for thorough investigations, but by the broad spectrum of the elite particularly those un-leaders ever too eager to cast the first proverbial stone.

I guess that the point has been sufficiently made that the demands for investigations are in order! In fact, such calls, if anything, being entrenched into military doctrine – is something of a standard operating procedure, globally – and shouldn’t therefore be such a big deal.

But then, this is Nigeria! Where have previous investigations landed us – some have asked? And to imagine that some have gone as far as to prejudicially accuse the Nigerian military of ‘genocide’!

As they say in my part of the country – at the death of an elephant, expect all manners of opportunistic knives to show up for freebies!

Currently, the people of Tudun Biri as indeed distraught Nigerians are in deep mourning. But so also are religious bigots and other opportunistic players in the Nigerian divide out, like vultures, in their familiar pastime of stoking passions, denigrating and de-legitimising just about every institution that passes their fancy, in their customary play for power and relevance!

Take the example of a certain Usman Yusuf, professor of medicine and a supposed thought leader in the North. The individual, who has no qualms about switching roles from being a spokesman of the marauding band of heartless herders to a defender of the outlawry; the Tudun Biri tragedy is something of an undeclared war on the Muslims and the North – at least to the extent that the South is yet to be visited with the calamity of such scale by the Nigerian military!

And so he wants, in the first stage of the peace offering, the entire military top brass to go! He says a high-powered, independent committee headed by a retired Chief Justice of Nigeria, which should have a service chief as a member should follow – to investigate the bombing, perhaps as a second stage.

I presume the issue of compensation to the traumatised people of Tudun Biri, for which nearly a thousand lawyers have reported lined up – would come later perhaps as part of the third stage of the ritual of appeasement!

As one might expect, the professor is not alone is demanding for action. Amnesty International Nigeria, has also lent its voice: “The Nigerian authorities must promptly, thoroughly, independently, impartially, transparently and effectively investigate the killing of more than 120 civilians in two military air strikes on Sunday, instead of engaging in attempts to cover up the crime.

“The Nigerian military’s recklessness is a result of the authorities’ consistent failure to hold them to account for a long list of such atrocities. These unlawful killings of civilians cannot be swept under the carpet”. The above are the words of its country director, Isa Sanusi.

Let’s just say that yours truly couldn’t agree more with the calls for thorough investigations. And then compensation. But then, that demand should go beyond the figurative baying for more blood as it seems to be in the current case, to make real sense. For if those thought leaders in the North currently calling down fire and brimstone will care to be truthful, they ought to know that we are actually dealing with the symptoms rather than the cause of a debilitating disease. Here, if we agree that have two issues here to contend with which are the military and the raging banditry, the apparent operational rustiness and the general inadequacy of the military would seem be far easier to handle than the million man army of bandits that the self-seeking, utterly irresponsible elite in the north have sired – the same army so thoroughly embedded among the population that it would take more than a contraption of poorly mastered technology of an organised military to root out.

Here we are in an environment of creeping anarchy, where governance has failed and traditional institutions are in limbo; imagine the likes of Yusuf being called to lead the charge to address such dire emergency. Seems to be the surest guarantee that the trauma would endure till eternity!

May God grant the innocent souls of the dead repose and the living, speedy healing.

December 12, 2023
Court costs as deterrent

The Court of Appeal in ASIMS (Nig) Ltd vs Lower-Benue River Basin Dev. Authority (2002) F.W.L.R. p.111, para H, per Muhammad JCA, held: “Costs are a pecuniary allowance made to the successful party and recoverable from the losing party for his expenses in prosecuting or defending an action or a distinct proceeding within an action.” Recently, Justice Robin Knowles of the Business and Property Court of England and Wales directed Process & Industrial Development (P&ID) which earlier gamed a dubious arbitral award against Nigeria to pay 20 million pounds in damages and compensation in favour of the federal government.

At home, the Supreme Court awarded a cost of N40 million against Mike Ozekhome, SAN, in a case filed on behalf of Emeka Ihedioha, against Governor Hope Uzodimma and other respondents. Ihedioha was removed in 2019 by the apex court after returning the cancelled votes of Hope Uzodimma in the election. Learned counsel, Ozekhome had approached the court on the premise that the Supreme Court had earlier found that the governorship candidate of AA party, Uche Nwosu, was also the candidate of APC that sponsored Uzodimma.

Ozekhome therefore contended that if Uche Nwosu was the valid candidate of APC, then Uzodimma contested without a party, in flagrant disobedience of the Electoral Act. When the apex court sought to redirect the mind of the SAN, that what he is contending was an election petition, he insisted on pushing ahead with his application, resulting in the humongous cost awarded against him.

Justice Tijanni Abubakar held: “This is a calculated attempt to re-litigate the matter. The application is frivolous and vexatious. It is totally lacking in merit. Counsel for the applicant is hereby ordered to pay N40 million to the listed parties in the matter.”

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For the P&ID case, the court found that the firm paid bribes to Nigerian officials to draft the contract agreement. The court also found that the company illegally obtained privileged legal documents belonging to Nigeria during the arbitration hearing. And furthermore, there were banking records showing fund transfers from New York to Nigerian government officials, by entities allegedly affiliated with P&ID, and large unexplained cash withdrawals by P&ID affiliated entities around the period the contract was signed. Nigeria showed by inference that from the conception to the arbitral award, P&ID were engaged in a scam to swindle Nigeria of huge sums, nearing $11.4 billion on account of interest.

It is interesting that not only did the court award costs against P&ID, it first set aside the award and declared it a nullity. The ability to set aside an award is not a mean achievement. In Commerce Assurance Ltd vs Alhaji Buraimoh Alli (1992) 1 NSCC 556 (SC) the apex court held: “A person who has submitted to an arbitration cannot turn to the court to ask it to review the award when he believes it is too high.” Again in BSG Energy Holdings Ltd & 4 Ors vs Spears & 3 Ors (2013) 4 CLRN 49 (CA) 68-77, the Court held: “A fortiori, the term “arbitration award” denotes a contractual provision mandating arbitration of disputes regarding the contracting parties’ (respectively) rights, duties and liabilities”.

The court went further to say “Most interestingly, the fundamental object of an arbitration clause is to avoid litigation. Hence, the veritable legal maxims – (i) Arbit Ramentum Aequum Tribuit Cuique Suum – A just arbitration renders to each his own; (ii) Arbitrium Est Judicium – An arbitral award is a judgment.” The present government must watch out for the arbitral clauses in the international agreements that has been entered into on behalf of the country by previous administrations. It should indeed call for a review of the contracts, considering that once parties subscribe to arbitration as the means to settle disputes that may arise, the court are foreclosed from interfering, except in cases like the P&ID case where a party adduced evidence of fraud.

The fact of finality of arbitral award was also made in Ebokan vs Ekwenibe & Sons Trading Co. (2001) 2NWLR (Pt 696) 32 per Galadima JCA: “Once an award had been made and there is nothing intrinsically wrong with the proceedings or even the time limit for challenging it had expired the award become final and binding.” In the Nigerian case against P&ID, the court when called upon to determine the legitimacy of the arbitral award found that there are many issues intrinsically wrong with the award, which made the court to set it aside and award costs against the company.

When a party a party asks for costs in a proceeding, the judge is enjoined to act judicially and judiciously, and exercise his discretion in determining whether the party is entitled to cost. The court is also entitled to determine the cost due and payable by the party. Ordinarily by virtue of section 241(2)(c) there is no right of appeal against an award of cost by the courts. In essence, in exercise of its discretionary powers, the courts can use costs to deal with a party who brings frivolous and vexatious applications to annoy the other party or waste the time of the court.

In Eneh vs N.D.I.C (2019) All FWLR, pt. 982, at p. 1069, the Supreme Court held “A party who seeks to invoke the discretionary powers of court has the duty of providing the necessary material on which basis the discretion is to be exercised in his favour.” With respect to the costs awarded against learned silk, Ozekhome, some may ask whether such humongous cost was demanded by the respondents in whose favour it was made, or did the court act suo motu? Such poser would be pertinent considering that the court is not a father Christmas even when in the season of Christmas.

But it is significant that before slamming the cost against the learned counsel, the court made spirited effort to enable Ozekhome justify that the petition brought before the court was not frivolous. It was reported that learned Justice Iyang Okoro gave hints to the learned counsel that the petition is frivolous, vexatious and annoying not only to the respondents but to the court, but the learned silk insisted that his petition was meritorious and should be heard. In N.P.A.S.E vs Fasel Services Ltd (2002) F.W.L.R. Pt 97, p. 74, the Court of Appeal elucidated: “The rule of audi alteram partem posits that at least counsel in the matter should have been allowed to address the court on the point raised by the court suo motu before the decision is taken on it.”

The days ahead will determine whether the humongous cost awarded against the learned silk, Ozekhome and P&ID will deter litigants and their counsels from bringing petitions which the court may consider frivolous and vexatious or foreign from entities gaming Nigeria?

December 12, 2023
Tinubu vs Mbah

When I saw Governor Peter Mbah of Enugu State in a photo-ops at the presidential villa last week, with President Bola Ahmed Tinubu (PBAT), I had the feeling that my state governor is grappling with the political dynamics of the emergent Tinubu era. In my piece on: “Southeast geopolitical interests” after the Supreme Court affirmed the election of PBAT beyond every reasonable doubt, I urged the opposition politicians of the south-east zone to engage in political détente with PBAT for obvious reasons.

For the first time since the present republic, we have a dyed in the wood politician at the helm of the nation’s affairs. Tinubu is unlike his predecessors, who were drafted by external forces into the presidential palace. Starting from Olusegun Obasanjo, who was moored into the presidency by the military oligarchs, to Umaru Musa Yara’Adua who was drafted military-style by Obasanjo into the office, to Goodluck Jonathan whose good luck impelled into the presidency, and finally Muhammadu Buhari whose fabricated messianic robe propelled to power, none craved and crafted his way to the presidency like Tinubu.

So, here you have someone who had desired to be a president, who has prepared for it, and whose every political move is likely to be premeditated. When I read about the nomination of veteran Dave Ogbodo, to the Nigerian National Petroleum Limited’s board of directors, I surmised that perhaps Peter Mbah is pulling the right chord in the presidency. I confirmed when I saw the pictures in the newspaper days after, showing Peter Mbah, shaking the president in an appreciative manner.

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While physically, Mbah and PBAT belong to similar species, they also share more in common. They were both successful technocrats before venturing into politics. While PBAT rose to the top management cadre in the multinational Mobil Oil company, Mbah nurtured his Pinnacle Oil and Gas company to become one of the biggest in Nigeria. So, both are wealth creators and successful human and material resources managers. Interestingly, their forte is the domain of the nation’s economy – oil and gas.

As governor, PBAT is reputed to have turned Lagos from a struggling sub-national economy, to an economic behemoth, which presently is ranked as the fifth largest economy in Africa. PBAT met Lagos’ internally generated revenue at paltry N600 million, but within eight years, raised it to N5 billion. On his part, Mbah has promised to turn Enugu State from a $4.4 billion economy to a $30 billion economy in eight years. An obviously ambitious plan for a civil service economy. But coming from the private sector, Mbah claims to know the way to achieve that quantum leap.

PBAT’s era in Lagos is reputedly transformative. Most of the big ticket projects, including the recent Blue Railway line that has taken Lagos by storm, were conceived during Tinubu’s time as governor. Mbah has promised to be transformative, and has shown signs that he meant business. The most audacious sign is the restoration of water supply to Enugu metropolis. Many considered the plan to get taps that had dried for two decades running again within 180 days from May 29, as over ambitious. Surprisingly, as the clock ticked to the promised time, some of the taps are running.

My attention to Mbah’s miracle of water started a few weeks before the 180 days. A senior cousin of mine living in Emene, a suburb of the state, called to discuss family issues, and in the cause of our discussion, he talked about how state government agents were laying water pipes in his area. Obviously excited, he looked forward to enjoying pipe borne water in Emene. But he mentioned that some people were making the right of way a tough call for the workers.

While praising Peter Mbah for the miracle of water in Enugu urban, this column urges him to also restore water supply to the villages too. For example, for many years, from Lagos, and elsewhere where the people of Ogwofia-Owa resided, my kiths and kin have contributed resources to pipe water from Ajali water scheme, to the nooks and cranny of the town. In my village Amofia, we have three community sponsored sources from the scheme, each time seeking to gain a better supply.

Each of the community effort was done without any support from the state government. But until the forceful appropriation of community lands and its resources under the Land Use Decree, Ogwofia-Owa with other communities around it owned the proprietary rights over the Ajali river which became the major source of water supply to Enugu State for years. Following the failure of other state water schemes, or perhaps the ballooning of the population, Ajali water scheme, was conceived and berthed in the 1990s. Surprisingly, after appropriating their Ajali, the state refused to extend the running water to the communities, forcing them to self-help.

In the press release by Dan Nwomeh, the Senior Special Assistant on Media to Governor Mbah, the new product was referred to as 9th Mile Water Scheme. One hopes it is not the Ajali water scheme that has been rechristened? If it is not, then one hopes the Ajali water scheme would be resuscitated, so that the communities enjoying supply from the scheme would also benefit from Mbah’s miracle of water. With multi-dimensional poverty plaguing Nigerians, exposing the Christmas returnees to the cost of buying water from the shylock tanker drivers is adding salt to a festering injury.

President Tinubu is anchoring his economic reform on attracting direct foreign investment. In the past 180 days, the president has been on economic diplomacy, shuttling the major economic centres of the world seeking investors. He has said that the Nigerian economy can be grown to a $3 trillion economy in 10 years. Specially, he has promised to increase the nation’s economy to $1 trillion by 2026. Speaking to the Nigerian Economic Summit (NES) last October, PBAT said: “Distinguished audience, a one trillion dollar Nigerian economy is possible by 2026, and a three trillion-dollar economy is possible within this decade.”

Perhaps, the Mbah’s $30 billion Enugu state economy would be a further impetus to the Tinubu’s $3 trillion national economy within the next decade. For now, the current poverty rate in Enugu State is 58.13%, while that for Nigeria is 40%. That means that Enugu State is contributing a significant portion of the poor people in Nigeria, more than the majority of other states. According to Wikipedia, Enugu state is ranked 34 on GDP amongst states in Nigeria, while Nigeria is ranked 42 in the world.

The tasks confronting PBAT and Mbah are enormous, and time is ticking and depleting the time available for the economic miracles they have both promised Nigerians and ndi Enugu respectively. This column urges collaboration between the federal and state governments, as a sine qua non to achieve the lofty promises.

December 5, 2023
Our courts should be trusted at home and abroad
- By: Olukayode Ariwoola
The 2022/2023 legal year which ended on Friday, the 21st day of July, 2023, was robustly adventurous in all ramifications. Even though it presented some visible rough edges, the new legal year has yet, offered us the privileged opportunity to diligently smoothen all the unwieldy terrains and fine-tune everything that may impede a hitch-free progress. I must say with great pride and excitement that during the outgone legal year, we experienced so many positive heart-warming developments in the Nigerian Judiciary. In response to the yearning need for the injection of fresh blood into the nation’s judicial service, we were able to appoint and subsequently swear-in 23 new Judges of the Federal High Court on Wednesday, the 4th day of October, 2023. In the same vein, on Wednesday, the 20th day of September, 2023, Nine Justices of the Court of Appeal were inaugurated to strengthen the seamless dispensation of justice at the appellate level of adjudication in the country. What has been pending for a very long time; even long before I assumed office in June, 2022, is the appointment of Justices to fill the many vacancies that have been created as a result of deaths and retirements of our brother Justices. For the first time in the history of the Supreme Court, eight Honourable Justices were sworn-in to fill the positions vacated by our esteemed colleagues who retired; as well as enlarging the profile of our judicial strength by increasing the number of Justices to an all-time high number of 20 in November, 2020. That, indeed, was first of its kind in our history. If for anything, that interesting development has, to a large extent, increased our adjudicatory capacity and reduced the number of nights we stayed awake as a result of workload. That in itself was a cherry news to the retinue of appellants that throng the Court on a regular basis.

However, that joyful moment soon paled into lamentation and intense complaints of some sorts from various quarters, as the trend experienced a sudden reversal, owing to the un-fanciful gale of retirement that soon hit the Court, which has, for the very first time in a very long while, brought the number of our Honourable Justices to an all-time low of just 10 Justices. Efforts were made by my predecessor to increase the number but that was unsuccessful before he left office. However, the cherry news is that as soon as I assumed office on the 27th day of June, 2022, I immediately got down to work on this urgent and immediate need in particular. Though we have not gotten them on board yet, I can convincingly assure the litigant public that within a very short while, the Supreme Court of Nigeria will, for the very first time in its history, get the Constitutionally-prescribed full complement of 21 Justices. That is one of the legacies I have been working assiduously to leave behind as it now seems that the Court has been somewhat ‘jinxed’ from meeting its Constitutional requirement since that piece of legislation was enacted several years ago.

As we adapt the Courts to stand ready for the future, we must not, in any way whatsoever, neglect the fundamentals that underpin the strength of our jurisdiction. Our Courts should be trusted at home and abroad for the high level of respect for the rule of law and the institutional and personal independence of our judiciary. That ought to serve as a major factor in the attraction of this country as a destination for investment and its reliability as an international partner spheres of human endeavour. We actually expected the independence of the judiciary to be given adequate statutory protection, not just at the Federal level alone but equally at the State level, so that they could be seen to be truly and genuinely independent ramifications. The rule of law, with all its well understood facets, has been highly questionable since the advent of democratic governance in 1999. It is noteworthy that reputation can take a long time to establish but can be dissolved and completely destroyed in an instant, sometimes, inadvertently, though.

The rule of law and the holistic independence of the judiciary should always be cherished by all. As the Chief Justice of Nigeria, I will do everything within my ability to make it remain part of my responsibility to nourish. The Judiciary, as it is today, is more deserving of public trust and confidence than ever before; and we are poised to reposition it for effective justice delivery to make our beloved country a destination of note in the observance of the rule of law and tenets of Constitutionalism. Nigeria must move forward in all spheres of life; and we must collectively evolve a society where things must be done right to get the right environment for every right thing to thrive rightly for our collective good.

The countries which, we, today find leading the comity of nations had long ago shattered the shackles that kept them halted and prevented innovation. There is no gainsaying the fact that research and development are the tools that keep us moving with the pace of the world. If we do not grab on to these essential ingredients of development, we will perpetually lag behind the world. It is yet an unassailable fact that those who remain intransigent to change and improvement never achieve anything meaningful. I have always remained an ardent believer in continuous improvement. As iron had to bear the rigours of fire and hammer before turning into steel, humans need to step outside of their comfort zone to chisel away the dust of lethargy that they gather with time, from their persons.

The Nigerian Judiciary, over the years, has strove assiduously to carve a reputation for great integrity and independence which will ultimately embolden us to act without fear of intimidation or harassment from the other arms of government. We, the members of the judicial hierarchy have, undoubtedly, inherited a legacy of dedicated collective endeavour by the Bench and the Bar by painstakingly establishing an unbroken tradition of high efficiency, perfect integrity and fearless independence. Let me state it clearly here that the true touch-stone for measuring the success of a Judicial Institution is the degree of confidence reposed in it by the public. It is a solemn pledge that we, as a judicial body, are making at this occasion that we are definitely going to work more assiduously and tirelessly to make our country earn for itself the fullest respect and confidence of both the citizens and the international community. It is germane at this juncture, to reiterate the obvious fact that the judiciary has a special role to play in the task of achieving socio-economic goals enshrined in the Constitution. While maintaining their aloofness and independence, the Judges also have to be fully aware of the social changes in the task of achieving socio-economic justice for the people of our dear country against all odds. I therefore, advise all Judicial Officers serving in our jurisdiction to make books their armour and hard work their armaments to confront the headwinds of ignorance, conservatism and stagnation. It is imperative to know that the world we are, only remembers those who lead from the front and set trends for others to emulate. So, you should never be afraid of setting sails through unchartered territories, provided your knowledge is adequate and your skills are equally well tested.

I wish to reiterate unequivocally that integrity is an essential quality of a Judicial Officer; and he must, as a matter of necessity, exhibit the standards of integrity, morality, and good behaviour which he sets for others. In a situation where a Judge decides a case wrongly out of motives, it shakes the faith of the litigant public; and by extension, the whole society. Such a Judge, who does not maintain highest standard of integrity, has no right to continue to occupy the Chair as a Judicial Officer. In the same vein, if a Judicial Officer is found to be corrupt, then, he cannot be allowed to hold such a divine Chair of a Judge. It was Socrates, the great Greek Philosopher, who stated, in clear terms, that four things improve a great Judge. These are: “to hear courteously; to answer wisely; to consider soberly; and to decide impartially.”

It has been rightly asserted that Judicial Officers, by the nature of their calling, discharge divine functions even though they themselves, as mere mortals, are not divine. I am very much convinced that Judicial Officers at the various hierarchy of Courts in Nigeria are discharging their judicial functions in a befitting manner; but as the Chief Justice of Nigeria, I still strongly desire from all Judicial Officers across Courts to lead a disciplined and principled lifestyle that will enhance their trust and integrity quotient. Judges owe the society a great duty of always deciding cases without fear or favour, affection or ill will, friend or foe. For the umpteenth time, I wish to honestly assure all judicial officers that if you are discharging your functions as an upright judicial officer by genuinely following the norms, then you have no cause to be afraid or feel intimidated by the often frivolous complaints or vitriolic attacks made by persons having vested interest.

However, I expect every judicial officer to work very hard and also be very honest and courteous to the litigants, witnesses and members of the Bar, and discharge all your judicial functions with all the humility at your command. Even while doing this, it is still necessary to have at the back of your minds that public opinions, sentiments or emotions can never take the place of the law in deciding the cases that come before you. The law remains the law, no matter whose interest is involved. In all we do, as interpreters of the law, we should endeavour to severe the strings of emotion from logic and assumption from fact. We should never be overwhelmed by the actions or loud voices of the mob or crowd and now begin to confuse law with sentiment or something else in deciding our cases. Nevertheless, unnecessary and unwarranted utterances are bound to embarrass not only others, but the Judge himself; thus what should be asked, should be asked, and what should not be asked, should be avoided. I admonish our Judges to, as usual, receive what is tendered in Court and eschew what is against the Law and facts after thorough analysis and assimilation both in and out of Court, which exercise is, of course, part of Judgeship.

The Caesar’s wife must be above board! Your image and reputation both inside and outside the Court must be pristine and crystal clear to all and sundry. Like I said earlier, be bold in all your judgments by deciding cases without fear or favour, because fear and favour come in many hues and colours. For instance, fear of one’s own past, of peer pressure, of public criticism, etc. Like some people often misconstrue, favour does not only come in monetary term, but also through nepotism, personal bias and prejudices. We should all know that if the faith of the people is to be maintained in the Judiciary, then the river of judicial process has to be kept pure. On that basis, we must eschew fear and favour at all cost. If the people think your judgment is biased, is tainted, is partial, they would doubt the judicial process and the river of justice will stand contaminated. No doubt about that!

Therefore, it is our solemn responsibility to keep the river clean at all times. Needless to say that impartiality is the hallmark of a Judge. So, I admonish all of us to always be impartial in all our judgments. I am saying all these now because I will never have this great privilege and opportunity to address the galaxies of legal luminaries, judicial icons and distinguished personalities in the justice sector of our dear nation in another legal year of the Supreme Court as Chief Justice of Nigeria in my entire lifetime again.

The Corruption and Financial Crime Cases Trial Monitoring Committee (COTRIMCO) was inaugurated in 2018 by the former Chief Justice of Nigeria, Hon. Justice W.S.A Onnoghen, GCON, with the sole aim of fast-tracking the trial of corruption and financial related crimes in the country. The Committee, which is headed by a retired Justice of the Supreme Court, Hon. Justice Suleiman Galadima, CFR, has been working assiduously with various heads of Courts, to ensure that there is a remarkable rise in the dispensation of corruption and financial crime cases in the country. With the impressive effort they put in during the last legal year, some commendable results were achieved in the disposal of cases. This achievement was brought about as a result of increased and continued vigilance of the Committee. The two leading anti-graft agencies in the country have also been trying to amplify the war against corruption. The ICPC was able to successfully secure a total number of 10 convictions while the sister agency, EFCC was able to secure 1,094 convictions within the same period under review.

The matters filed at the Supreme Court from the 12th day of September, 2022 to the 11th day of July, 2023, are 1,271, comprising of motions and appeals. Out of these, we heard 388 political appeals, 215 criminal appeals, and 464 civil appeals. Similarly, the court considered a total number of 49 criminal motions, 153 civil motions, and 2 political motions. Between the 30th day of September, 2022 and the 11th day of July, 2023, the Supreme Court delivered a total number of 251 judgments.

Out of these, 125 were political appeals, 81 were civil appeals and 45 were criminal appeals. Within the period under review (precisely 10 months’ duration), a total number of 91 Rulings were delivered by the Honourable Court. To a very large extent, I will confidently say that this score-card is impressive, fascinating and appreciable in view of the unpleasant events that dotted the legal year, especially the attenuating number of Justices on the Supreme Court Bench, which has to do with some challenges that could not easily be surmounted by one arm of government alone. I attribute the tremendous successes recorded in the course of the last legal year by the Honourable Court to the doggedness exhibited by my industrious and team-spirited brother Justices and the general staff. You are all greatly appreciated.

Even as we celebrate the successes recorded in the past legal year in the disposal of cases, I would like to admonish all Nigerians on the imperative of being less litigious and be more disposed to alternative dispute resolutions to free the courts of this unnecessary over-stretching of both human and material resources. I have made it clear at different occasions that it is not every dispute that must find its way to the court; and it is not every matter that must come up to the Supreme Court on appeal. Our laws have to be amended to make most appeals to end at the Court of Appeal, which is competent, dexterous and well-equipped with the right materials and manpower to adjudicate effectively and resourcefully. In every dispute, only one party must win; and winning could come after intense legal fireworks that is transparent and based solely on subsisting laws of the land. We cannot import foreign laws to try our cases here, as some litigants would erroneously and desperately want us to do in the quest to get victory.

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If we really want to make progress as a nation and collectively build a virile legal framework that will serve our interest to the best of its ability, we must begin to have a change of attitude. We are not only here to celebrate the new legal year but to equally speak truth to ourselves and also purge ourselves of most of our wrongdoings and misadventures. The agglomeration of all these problems and mind-set has, largely, accounted for the several appeals that are currently pending in the Supreme Court and the Court of Appeal, too. The good news I would like to share here again, is that the Alternative Dispute Resolution (Mediation) Centre of the Supreme Court has been fully furnished and equipped with both materials and personnel to function effectively and efficiently. Very soon, I will inaugurate the Centre for full operation. So, we should begin to take advantage of alternative dispute resolution mechanisms to resolve some of our disputes with a view to cutting down the cost of litigation and also free the Courts from case-overload.

On the 15th day of February, 2023, I issued the Supreme Court Pre-Election and Election Appeals Practice Direction, 2023. That came on the heels of the inauguration and training of hundreds of Election Petition Tribunal Members that were billed to adjudicate on all petitions emanating from the 2023 general elections and the succeeding off-cycle elections in the country. All the tribunals across the country have endeavoured to work assiduously to deliver judgments within the time permitted by the Electoral Act and allied subsisting legislations. I commend them for conducting themselves within the ambit of the law. However, I expect members of the public who have any complaints bordering on any form of untoward behaviour or misapplication of the law by any member of the tribunals to channel such to the National Judicial Council for prompt action, as I will not condone any form of malfeasance or nonchalance from any judicial officer in the tribunal or regular Court.

My Lords, distinguished invited guests, ladies and gentlemen, as we all know, the rank of Senior Advocate of Nigeria comes with so much prestige and greater responsibilities, too. Those conferred with the rank automatically become members of the Inner Bar and Apostles of the Temple of Justice. It is an honour no conferee can afford to take for granted. The Legal Practitioners’ Privileges Committee had painstakingly screened and diligently assessed all the documents submitted by the applicants before arriving at its decision. Even though there is no human system that could be adjudged to be infallible, however, with the effort and commitment invested in the exercise by the Committee, I can say confidently and assuredly that they have done remarkably well. I sincerely appreciate your dedication, commitment and sacrifice throughout the duration of the screening, inspection, interview and final announcement exercises. The Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria and All Matters Pertaining to the Rank, 2022, require very high standards of merit from all the applicants vying for the award. Every requirement contained in the guidelines was observed before arriving at the final list.

The number of applicants for 2023 Senior Advocate of Nigeria Award was 114. Out of this number, 101 are advocates and 13 are academics. The total number of

qualified applicants shortlisted after the Advocates 1st and 2nd Filtration Stages, Academic Pre-qualification, Academic 2nd Filtration Exercise, the Independent Appeals Hearing and Chambers Inspection Exercise, etc., was 69; comprising 57 advocates and 12 academics. After conducting the specified screening and filtration exercises which include a number of appearances in superior courts, recommendations by Hon. Justices of the Supreme Court and Hon. Judges of superior courts, Chamber inspections; approval on eligibility and integrity of the candidates from the Nigerian Bar Association, Body of Senior Advocates of Nigeria and, of course, the general public, amongst others, the LPPC came up with 58 successful candidates who, by all standards, can be regarded as eminently deserving of the rank of Senior Advocate of Nigeria. Out of this number, 57 are advocates while one is an Academic. This is, indeed, heart-warming and exciting; particularly for those who have accomplished this remarkable feat.

On behalf of my learned brother Justices of the Supreme Court and members of the Legal Practitioners’ Privileges Committee, I sincerely congratulate the 58 successful Senior Advocates that have just been sworn-in. No success comes easy in life because a lot of sacrifices and hard work are often invested. You have laboured so hard for it, so you deserve every privilege, honour and pride that comes with the rank. The LPPC deserves enough commendation for endorsing the elevation of these eminent 58 Legal Practitioners who have, from all indications, show-cased unassailable professionalism and excellence in legal practice.

As Senior Advocates of Nigeria, you now carry heavy burden on your shoulders. From the moment you leave this Courtroom, everything in you and about you will now be freely scrutinized and dissected by everyone that comes in contact with you. There is nothing like private life for you henceforth, as whatever you hitherto regarded as private life will now be treated as public life by members of the public; and there is nothing you can do about it. So, watch your utterances, watch your actions and watch the kind of company you keep, because you have already assumed the role of Ministers of the Court, as you are now expected to assist the Court to attain justice, equity and fairness in all ramifications. You must display enormous integrity, self-discipline and high standard of advocacy as custodians of justice. The privilege you are conferred with today does not, in any way, make you superhuman because humility and self-control still remain the essential tools to engage in wrestling the foibles of life. Unfortunately, however, after attaining this rank, some Senior Advocates would instantly become mere casual visitors to courtrooms, as they now see themselves to be too big to appear in court. I am using this very important occasion to tell you all that this is the most auspicious time to make your presence regular and significant in the court.

Before I end my speech, I would like to express my warm gratitude and appreciation to everyone that has decided to be physically present here today to witness this very important programme heralding the 2023/2024 legal year. We are very grateful to you all for according us this great honour, even at the expense of your very demanding schedules. I also wish to express my appreciation to the Hon. Minister of Justice and Attorney General of the Federation, Prince Lateef Fagbemi, SAN; the Chairman of the Body of Senior Advocates of Nigeria; the President of Nigerian Bar Association, Hon. Yakubu Makyau, SAN; and, of course, the spokesperson for the newly conferred Senior Advocates of Nigeria, Mr. Felix Ota Offia, SAN for graciously accepting our invitation to address this very important gathering.

Thank you very much for spending your precious time with us. I wish you all journey mercies back to your respective destinations.

•Ariwoola is Chief Justice of Nigeria
November 28, 2023
Grateful hearts

The Israelites’ syndrome — of fashionable jeremiad — is loosed upon the land. Perhaps that’s natural when things are tough?

It’s double jeopardy, though: when chief among those that spew that distemper are those that ruined the land during their sweet and reckless power days.

Former President Olusegun Obasanjo just whipped “Afro Democracy” — whatever that means — from his bag of subversive tricks, with trademark malice masking as reason.

His Vice-in-power, Atiku Abubakar, also just huffed after a single six-year rotative presidency (by the way, an Abacha-era ploy to cripple pro-June 12, 1993 democratic forces), after Atiku’s insensate fixation with power had blighted his latest run.

Twin-prodigals that wrecked yesterday, posing as today’s — and future — messiahs? Toh!

Still, instead of getting defensive, the Tinubu order should put things in right frames, and stop moaning over “serious liabilities from Buhari”, as Nuhu Ribadu, the National Security Adviser (NSA), just did — though he claimed he blamed no one but told the truth.

At the Chief of Defence Intelligence Annual Conference, Ribadu said President Bola Tinubu inherited more or less a bankrupt country, referring to the Buhari-era loans.

To be sure, loans are always disconcerting. But which serious capitalist economy demonizes loans — lazy ones that lack the creative oomph to thrive from loans?

Later, at the 19th Annual Nigerian Editors Conference in Uyo, Akwa Ibom State, the NSA restricted his jeremiad to his core duty: security. He listed Tinubu’s inherited challenges: Boko Haram (North East), Banditry (North West), massive oil theft (South-South) and security meltdown (South East).

Good, the NSA addressed the flower of the media. But had the media tracked the environment, as it should by its core duty, and always published reports which core data dutifully track progress and setbacks, Ribadu should have sounded hollow.

Why? Of all four, only Banditry (North West) dawned during the Buhari era.

Even then, it was a spin-off from de-fanging Boko Haram: felons fleeing from a North East getting too hot; but plaguing, with their small arms, other parts of the country, as bandits (North West); and kidnappers-for-ransom (nation-wide, though with a vicious North West strain).

The other two: massive oil theft and South East insecurity were self-inflicted.

All seem to have forgotten the Niger Delta New Avengers, once lionized by a section of the media back in 2015/2016, because President Goodluck Jonathan lost power; and some folks swore they’d make the country ungovernable.

It’s fitting irony though that Government Ekpemupolo, aka Tompolo, linked with New Avengers back then, now does a yeoman’s job putting off the New Avengers’ blaze!

The South East meltdown is too fresh to forget. The Igbo political elite, rogue or straight, cut that region’s nose to spite its face, on account of Nnamdi Kanu and his IPOB. Beware of what you wish for!

But back to assets and liabilities: pray in 2015, what assets did President Muhammadu Buhari inherit from President Goodluck Jonathan — the electoral fall guy for PDP’s 16 years of ruin, though ill-luck Jonathan bore his brunt with uncommon grace?

What assets, indeed — beyond PDP-era sleaze, which hit doomsday proportions under President Jonathan, and caused the party to kiss federal power goodbye?

On the contrary, what assets did President Tinubu inherit from President Buhari?

In 2015, the 2nd Niger Bridge was not there. Neither was the Lagos-Ibadan standard-gauge rail. Or the 1835-metre Loko-Oweto bridges, that link the North to the South East and South-South, over the Benue River.

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The Lagos-Ibadan expressway, now fully reconstructed, was a virtual death trap. From 2015 to 2023, Buhari’s Works Minister, Babatunde Fashola, drove work on the relay of roads and bridges to, first time ever, link Bonny Island, home of Nigeria’s Liquefied Natural Gas (NLNG), to the Rivers mainland; just as he did on the Apapa-Oshodi-Alapere carriage way in Lagos, now completed.

Besides, pre-2015, no one seriously pushed cultivating Nigerian rice — and other crops — until the eat-what-you-grow and grow-what-you-eat whoop of the Buhari era.

That agro-rebirth has divined admirable agro-processing zones that may yet hallmark the Tinubu era. If well implemented, food security is well-neigh sure, via agro-allied re-industrialization, with jobs that come with it.

After, add Buhari-era investments in refineries, now rolling into the Tinubu era, and set to banish the import of refined petroleum by end of 2024 — all of that in eight years, rolling into nine. Compare and contrast all of that to the 16 PDP years!

Yes, the Buhari-era debts were the flip sides of these critical infrastructure. But wouldn’t the assets, acquired by those debts, be pressed into service to better drive the economy, than defensively whine over the “serious liabilities” from Buhari?

All too true: Buhari made his mistakes, not the least the catastrophic Naira redesign policy. The Tinubu administration would make its too. But the point is that serious attempts to right long-settled wrongs, started with Buhari in 2015, after the Obasanjo-led PDP had frittered near-all away, with a far richer till.

Again, compare and contrast Buhari’s and Tinubu’s opening policies. Buhari, though slow off the blocks, tried to rally local efforts, with support loans — grow-what-you-eat and eat-what-you-grow!

Tinubu, admirably bolting off the blocks, is pitching for global capital: venture capital from anywhere — even the Nigerian diaspora — to come set up shop in a huge, mutually beneficial market. That’s the sum total of his explosive economic diplomacy.

Different tactics and strategies. But same urgent push to catch up with lost time.

That’s the thing though — with eternal droning and wailing, critical breakthroughs, even as clear as a sunny day, vanish with sweet doom and gloom.

You see only the large swath of undone business. But are blind, deaf and dumb to little problems solved, which could well be the pivot for scaling the so-called big ones. Grateful hearts do the direct opposite.

That the Jews spent 40 years, instead of 40 days, may well be scriptural history. But it’s also piquant metaphor for a mind that sees nothing but gloom, even if the day dazzles with promise. That’s the Israelites’ mindset.

But hey, it’s politics! You can’t stop folks from always brooding and painting the worst-case scenarios, as Obasanjo, Atiku and allied opposition, will continue to do.

But the Tinubu order should remind everyone of the ruins of PDP’s 16 years, than crumble under pressure, belittling the recalibration, from 2015, on which it must build, though tweaking policies, wherever necessary. Any other way is shooting itself in the foot.

In truth, Buhari handed Tinubu a better prospect than Jonathan handed Buhari in 2015.

November 28, 2023
Lest we forget…

These days, I couldn’t but think of how much has changed in nearly six months of the Bola Tinubu presidency. With everyone talking of how much things have not only gone south and sour but have become utterly hopeless, one might be forgiven to imagine that the dreaded Armageddon has finally berthed on our shores.

Sure, things are bad – really bad. So bad that nearly everyone that one meets has something to say about how terrible the current situation is. Before now, Nigerians could write a book on the soar-away inflation, the record unemployment and growing poverty and immiseration; the corruption and self-interests and how these have hobbled the nation’s development.

Six months after, they have just enough materials to do wholesale book on the correlates of the new exchange rate regime and the fuel subsidy removal both of which combined, are believed to have brought the roof down on everyone’s heads. The town – as they say – is not smiling at all.

Of course, the naira – our beloved currency is down and under. Rather than bring respite, the liberalisation of the forex market would seem to have compounded its woes. Even with the best of assurances, there are, as yet, no cast iron guarantees of its imminent bounce back with consumer price index – no thanks to our reliance on imports for items ranging from food to basic household goods – already threatening to spin out of control.

The other day, the National Bureau of Statistics, NBS, released its October headline inflation report showing an increase in rate to 27.33% relative to the September rate of 26.72% with year-on-year headline inflation at 6.24% points higher compared to the rate recorded in October 2022 (21.09%).

With so much gloom abounding, it has become extremely hard to see any tiny flick of light at the end of the proverbial tunnel.

Yet, one is constantly reminded of how a nation that barely escaped the Process and Industrial Development (P&ID) noose has a lot to be thankful for. It seems a measure of the changing tides that the P&ID vultures which once held the nation by the balls are currently stewing in their own juice as the one-time underdog has now been afforded the sweet song of victory.

Did I hear – free at last?

Not quite. Whereas the battle that finally ended at the English court may have brought relief at the passing of that nightmarish chapter, it seems early in the day to roll out the drums. At least, not with the other vultures – known and unknown – still lurking menacingly by!

In any case, if the P&ID saga and its aftermath is any revealing, it is how numbed Nigerians have become with their ever unending but dreary ‘drama of existence’; and from their apparent surrender to those dark forces massed against that very existence.

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It is precisely that drama that today’s piece is all about. Another dark chapter in the story of how – you guessed right – the same Nigeria – was allegedly defrauded by such an amount that reduced the whole P&ID saga to a mere child’s play. We are here referring to a tidy sum of $62 billion said to have been ferried away – without arbitration –while Nigerian officials conveniently slept!

Guess the culprits? The so-called International Oil Companies (IOCs), whose altars our so-called leaders are known to bow and worship!

P&ID, as you already know, was accused of seeking to reap without as much as turning the sod. How about actors who, after ploughing on another’s field, went on to harvest but chose to render nugatory, the articles of settlement choosing instead, to cart away what belonged to another, enabled by minions and fifth columnists?

Thanks to former Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, for going public with it, hereunder is how the international wire agency – Reuters – reported the affair on October 10, 2019.

“Nigeria is seeking $62 billion from oil companies under regulations that allow the government to revisit revenue sharing deals on petroleum sales if crude prices exceed $20 a barrel, the attorney general told Reuters on Thursday”.

The medium, quoting Malami said: “Computing the amount that should be credited to the Nigerian government if the law was effectively applied, that translates to around $62 billion against the IOCs (international oil companies).

All options are on the table and there is no limit to what we can do in terms of engagement, in terms of settlement, if the need arises”, he was further quoted to have said while also conveniently short of naming the offenders!

In truth however, it is the governments of Akwa Ibom, Rivers and Bayelsa that deserve the plaudits for going to court to enforce the PSC contracts. The apex court in 2018 had ruled that the federal government take steps to recover all outstanding amounts due under the PSC.

At issue most certainly, was not the regulation. Rather, at a time of low oil prices and the government in the bid to incentivise the oil majors, had deservedly availed the operators sufficient fiscal leg-room to allow them breathe and to recoup their investments. Only that the sharing contract would automatically change should oil prices exceed $20 a barrel – as it later did!

The problem was that our officials chose to look away even when oil prices rose. And for whatever reasons, neither of the parties that drew up the agreement – not the government and certainly not the IOCs – pretended that such an agreement existed let alone the thought of bringing it up. Not even when oil prices hit the $80 mark! In fact, at some point in 2014, oil prices actually hit the $100 mark.

Unfortunately, while the IOCs and their Nigerian enablers smiled to the bank, the Nigerian government was too distracted to call for the books or went on Rip Van Winkle sleep. At least, not until Malami made the computation public through the highly publicised demand notice!

And so far from being a call to charity, or even a play at brinksmanship, it was, ordinarily, something of a straight forward demand for equity and fair-play on behalf of a short-changed people and on which the Supreme Court as the final authority had pronounced upon!

As one might imagine in such circumstances, the real scandal would soon follow. Like they say of the death of an elephant when all manners of knives suddenly spring out for a piece of the action, one such was the emergence of one Trobell International, described as the recovery agent with the letter of authorisation from AGF Malami to collect five percent (or $2.15 billion or N774 billion) commission on performance(?)!

Surprised, President Muhammadu Buhari had ordered the contract whose commission he also described as “excessive” suspended. Indeed, the president’s then Chief of Staff, Abba Kyari, had also insisted that the government did not even need the help of the company to recover the debt as the Supreme Court had already directed the companies to pay up! And so the matter was rested. That precisely is where we are today.

Think of what an inflow of $62 billion can do to the value of the naira as indeed the economy as a whole. We are talking of non-debt, unencumbered cash, which the law already deem to belong to the federation account, but is being withheld by a cartel of lawless operators. The least the Tinubu administration can do for the country at this difficult time is press for the recovery of every dime of that money.

November 28, 2023
Children of hippopotamus

This writer was enthused as he listened to the musings of Timipre Sylva, the former governor of Bayelsa State and Minister of Petroleum Resources, at a book launch, years ago. He was all poetic. Last week, exercising similar poetic license, he called former president, Goodluck Jonathan a hippopotamus. Writing on his X account (former twitter) Sylva exploded his verbal fusillade: “Former President Goodluck Jonathan’s statement is unfortunate. I sincerely hope he was misquoted. Let me just quote our respected Wole Soyinka: “you can take the hippopotamus out of the swamp but you cannot take the swamp out of the hippopotamus.”

Jonathan had earned the ire of Sylva when he visited Governor Duoye Diri who defeated Sylva at the recent gubernatorial election. Jonathan said that he would have relocated his mother from Bayelsa State to Abuja had Diri lost the election to Sylva. Before that clincher, he had talked how insecurity reigned in Bayelsa in the past until Diri took over, thereby suggesting that Sylva’s success at the polls would have yielded the state back to violence, kidnapping and other violent crimes.

At that book launch, years ago, Sylva with a scintillating voice, extempore recited a poem, as part of his opening remarks, after which he spoke in a very stimulating voice that caught my fancy. Sylva who had served his tenure as governor, before that event, came off as a bohemian politician with a mastery of the English language. I recall that someone who listened to my fulsome praises of Sylva after the event dismissed his performance as a façade. He said that Sylva is not as soft as he spoke.

That incident receded in my memory until Sylva violently, albeit verbally, reacted to the insinuation by former President Goodluck Jonathan, that he has a violent persona. Instead of using statistics to prove his innocence, and perhaps comparing his tenure with other governors, Sylva marshalled derogatory allegory to deprecate the former president’s allegation. Social media netizens would call that ‘vawulence’. I recall that Bayelsa and parts of the country were up the radar in violent crimes, while Sylva was the governor and Jonathan was the president.

So, the hippopotamus allegory could be applicable to denizens of a violent environment, and the two protagonists stand as accomplices. Former president, Olusegun Obasanjo expectedly falls into this category, and he showed up at the river bank few days ago. After enjoying eight years of what is akin to imperial presidency, he has drawn his sword to slay western liberal democracy. Speaking at a function he organized with his acolytes, in his Olusegun Obasanjo Library redoubt, he spoke about “rethinking western liberal democracy for Africa”.

In his usual magisterial manner, he proposed what he called “Afro democracy” without any theoretical foundation. Many commentators have dismissed his efforts as a diatribe against President Bola Ahmed Tinubu’s (PBAT) government in which he seems to be an outsider, having campaigned vigorously against its emergence. His bogus claim is perhaps a continuation of his failed efforts to scuttle the inauguration of the government after the results were declared. After his calls for the cancellation of the result, and installation of interim government gained no traction, Obasanjo may have resorted to pseudo-intellectualism to achieve the same violent purpose.

Another leader that fits into the hippopotamus allegory is former vice president, Atiku Abubabakar. Since losing to PBAT, in what may be his last presidential contest, Atiku has raised the sceptre of violence against real and imagined enemies. After deprecating the Independent National Electoral Commission (INEC) to his heart’s desire, he has re-trained his verbal fusillade at the courts. According to Atiku, the ruling All Progressive Congress (APC) after massively rigging the election, is using the courts to gain what it lost at the polls.

Exhibiting what some commentators call post-election loss trauma, Atiku called INEC chairman and members all manner of scurrilous names, laying specious claims that the agency was compromised to hand over the trophy to APC. With election tribunals reaching decisions unfavourable to Atiku’s interest, the former vice president has called out justices involved in the trials. He has warned darkly that APC is using the courts to appropriate Plateau, Zamfara, and Kano states, where the party lost the gubernatorial elections.

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Atiku however has no qualms with election petitions, where APC lost to the opposition parties. Those calling him out have reminded him of instances in the past when all APC candidates including election winners were disqualified over party infractions of the electoral laws in Zamfara, as well as instances where the party could not participate in elections in Rivers State. These instances have not assuaged Atiku’s call for violence against the election, which he started immediately INEC declared PBAT the winner of the presidential context.

The hippopotamus allegory would suit the tempers in Kano over the gubernatorial election petitions. With the tribunal and appeal courts giving judgments in favour of APC, the ruling New Nigeria Peoples Party (NNPP) has drawn daggers against the judiciary and the winners. Throwing caution to the wind, lawyers and non-lawyers have brazenly called Justices who sat on appeal in the case names, alleging they were compromised. Even the state attorney general, Haruba Dederi, has maligned the Justices, without any fear of repercussion as a legal practitioner.

Supporters of the NNPP and APC are in the muds mudslinging each other like hippopotamus and drawing their daggers in the streets. If the trends continue, the days ahead when the Supreme Court delivers the final judgment would be fearful for the people of Kano State, particularly should NNPP lose the state, which is their only hope of remaining politically relevant in the scheme of politics. Returning to the natural habitat of hippopotamus, Rivers State is rocking from intra-party crisis in People Democratic Party (PDP) where the ruckus is between the federal capital territory minister, Nyesom Wike and his godson, Governor Siminalayi Fubara.

Strangely, despite what must have been the best effort of Wike in choosing the most malleable of candidates for the gubernatorial election, things fell apart within a space of four-five months. Similar falling apart happened in neighbouring Edo state, where Governor Godwin Obaseki deserted his political godfather Senator Adams Oshiomhole in a most politically violent manner. If the allegory of political heavy weights as hippopotamus is allowed, perhaps the children of hippopotamus are learning the political violence skills of their forbearers.

Timipre Silva in describing that political habitat of the sea animal, adopted Soyinka’s postulation that “you can take the hippopotamus out of the swamp but you cannot take the swamp out of the hippopotamus.” Truly, a fruit does not fall far from the tree. The children of hippopotamus have grown large jaws for verbal and physical violence, as necessary skill to endure in the redoubt of Nigerian politics.

November 28, 2023