Category: Tuesday

  • A modest constitutional proposal

    A modest constitutional proposal

    I have been doing some hard thinking lately on the constitution, especially that aspect of it which, according to some of the most learned persons in the land and indeed the whole world on such matters, stipulates that no candidate can be duly elected President of this Federal Republic unless that candidate wins at least 25 percent, or one-fourth, of the total votes cast in Abuja Federal Capital Territory,  or Abuja FCT.

    No shaking.  No approximations.

    That provision, these authorities insist, is an iron law or, to employ a more fancied term, a categorical imperative.  You and your party may win the majority in each of the 36 states of this Federal Republic; you may harvest every vote in every precinct in each of the 774 Local Government Areas of the country, and you may even have won the overwhelming majority of the votes cast in the Federal Capital Territory that is the nation’s Magic Kingdom. 

    But unless you win at least one-quarter of those votes, you have laboured in vain. If you fall short by a single vote, you have laboured in vain.

    This, according to these learned authorities, is the sober, unambiguous position enjoined by an unsentimental construction of the matter by the Constitution of the Federal Republic of Nigeria as Amended.   That has been the law of the land. Think realpolitik.

    Once upon an earlier silly season, the country was confronted with the calculus of what constituted in demographic and plebiscitary terms, two-thirds of the 19 states comprising     the Federation.  In the run-up to the 1979 General Election, the Federal Electoral Commission (FEDECO) had held at every opportunity the answer was 13 states.

    Until Richard Akinjide the legal wunderkind, acting on intelligence indicating that the NPN’s Presidential candidate, Shehu Shagari would win 25 percent or more of the total votes cast in each of at least two two-thirds of the states in Nigeria States threw a deus ex machina into the works.  Two-thirds of 19 as every elementary school pupil can figure out, is 12 2/3, not 13,  Akinjide deposed in the manner of the precise school teacher he once was.

    There was just this little problem that the NPN candidate Shehu Shagari, polled a little under 20 percent, or one-fifth, in a 13th state, Kano just a little under 20 percent, or one-fifth of the total votes there.

    As they had been iterated and reiterated by FEDECO officials and understood by the general public, Shagari’s showing fell considerably short of the stipulation.

    Nothing to worry about, as Akinjide might have assured FEDECO chairman Michael Ani, not the most patient of bureaucrats, flummoxed that the wheels he had refined and perfected to meet any contingency in what was already being called over-engineered election machine  were in danger of coming off when with regard to a 13th state.

    The law meant simply that, in this particular instance, a candidate needed to win only one quarter of the votes cast in at least two-thirds of the states in Nigeria,  –i.e., 12 2/3 states, not 13.   That formulation tipped the scale in Shagari’s favour, and he was declared winner all the way to Supreme Court.

    The law cannot contemplate an absurdity, the jurists maintained portentously; then they went ahead to deliver an absurdity by reducing Kano, the state with the largest number of parliamentary constituencies, to a hypothetical 13th state.

    They laid it down, however, that this was not to be cited as a precedent -not out of timidity or diffidence, you understand, but because of the time-honoured practice that the highest court in the land cannot be bound by such means, but because doing so might insulate it from legal developments in juristic science or perpetuate error.

    Just to make sure that kind of thing never happened again, the departing military removed that lacuna from the draft of the constitution they signed into law.  And, for good measure, every revision of the Constitution has ensured that the number of states in the Federation was divisible four.

    How could they have known that additional engineering could only lead to the recognition of Abuja FCT as a super-state and its residents as super-citizens whose votes outweigh the voters of all other citizens put together in the constitutional order?

    But that is where we are today.  And because of this, as well as alleged sundry irregularities, many learned persons are demanding that the last General Election be annulled and a new one ordered.

    Easy gentlemen, easy.  Can’t you see – and seize – the opportunities created by the new jurisprudence to clear the mess, the jiggery-pokery in the electoral laws and sanitize for all the time the theory and practice of psephology in our clime?

    All the best authorities agree that even local government elections in Nigeria are over-regulated.  When it comes to national elections, to call them over-regulated is too courteous. They are prone to manipulation at every conceivable point.  Instead of pillorying election officials, we should be praising and rewarding them for doing the impossible time and again under the most arduous circumstances.  It is a wonder that they get any results at all.

    To start with, the sheer scale and complexity of the exercise almost defy human ingenuity. Local Council elections are daunting enough.  The cost, in these disarticulated times, is simply insane.  Then the time lost to productivity, the court hearings, the appeals and cross-appeals – the whole thing is simply unsustainable.  The logistics is maddening.

    To say nothing of the paperwork even in this digital age.  And the damage the whole thing does to the soul, to social relations, and to our common humanity.  Is this not too high a price to pay for representative government, even at its most productive and beneficial?  When it consists in layer upon layer of dysfunction, it is time to embrace any alternative that promises even a smidgen of redemption.

    Now that the entire electorate in all disparities has been distilled into one compact geographic space  – Abuja FCT – for the purpose of a presidential election, the whole thing can be completed in a few hours after a leisurely Sunday lunch. Residents only, please.  Identification cards not transferable.

    Registration of qualified residents – fewer than 75, 000 by one account – and a handful of officials selected from among residents should take no more than an hour.  For actual voting and toting things up, allow one additional hour each.  Proclamation of results, one hour.

    Set aside one full day following the post-election petitions, if only to indulge the most obstinate litigants. But no lawyers, please.   Absolutely no lawyers of any stripe.  No media advisers or strategists of any kind. The entire Abuja FCT electorate will sit as a jury and determine. the final outcome of the election.  

    No appeals will be countenanced.  No obfuscations No magomago.  No wuruwuru.

    To consecrate this reform into law should be the first of business of the Tenth National Assembly.

  • JAMB is not a court

    JAMB is not a court

    To doubt, the Joint Admission and Matriculation Board (JAMB) has made giant stride since the era of Prof Ishaq Oloyede, unlike the previous era when snakes munched money that should be in the nation’s coffers as lunch. For many years, JAMB was synonymous with scandal, selling marks while their staff lived large. It was an era when people who wanted to read law, could offer physics, chemistry and mathematics, instead of literature, religious knowledge and history.

    With detachable passport photos on the examination admission cards, dubious JAMB examiners in connivance with criminally-minded candidates easily changed the passport photos of candidates with that of university graduates in the core sciences to sit for the exams. The science of embossed photos and biometrics were still in the womb of scientists. But all that free-for-all banditry seems to have ended, with the coming of Oloyede and advancement in identity security solutions.

    JAMB not only gained respectability in the quality of examinations they conducted, they became a cash cow for the cash strapped federal government. So, JAMB has been on a cruise as a model agency of government, until one Mmesoma Ejikeme, wanted to shoot it down. While claiming to be intelligent all her life, coming first in class since the beginning of her time in school, Mmesoma was determined to come tops again, with the best JAMB result in 2023.

    When she couldn’t make the top scores perspiring, she invented the means through self-help. After all, in her desperation coming tops is all that matters, damn the procedure. If she had stared down JAMB in the recent crisis, all the great work of Oloyede would have been made a mockery of, by the netizen army, which can wreck any reputation in a matter of hours. But Oloyede had laid traps, akin to the rat gum, to safeguard the reputation of his agency.

    Rat gum as it is called, is an interesting trap to catch rats. When a rat lands on it, it stays entrapped by the gum. Though reasonably unharmed, it awaits slaughter even by the weakest of the children. The more the rat tries to escape, the more the gum entangles it, and the more it gets messier bathing in the gum. Such was the imagery that came to my mind, as Mmesoma tried to wriggle herself out of the self-inflicted mess she landed herself in.

    Of course, this writer is not one of those who are asking what motivated Mmesoma to attempt to steal the thunder from Precious Nkechi Umeh, who scored 360 and came tops in the 2023 JAMB examination. It won’t be far away from jealousy and greed – the twin malady of man from the beginning of time. For Christians, the biblical stories of Cain and Abel, and Esau and Jacob are the commonest. In modern times, it is the fuel of political upheavals that upends tranquillity in our communities, states and the federation.

    It is the reason southeast is in turmoil in the struggle between the different factions of IPOB. While Nnamdi Kanu held sway, Simon Ekpa must have been eying him, and wishing to supplant him. Now that Kanu is entrapped by the federal government, Ekpa is emboldened by Kanu’s helplessness to dish out sit-at-home orders to embarrass his former leader, in the name of helping him. It is the same reason that election petition tribunals are quaking with legal slugfests, even when the combatants know they are wasting precious resources.

    So, when Mmesoma out of greed and/or jealousy wanted to be the number one in JAMB in the country, she cared less whose ox is gored. Whether all by herself or with the help of accomplices, she manufactured success for herself. She declared herself the winner, in the same manner Aisha Dahiru was desperately declared winner of Adamawa State 2023 gubernatorial election, by INEC Resident Electoral Commissioner (REC) Hudu Ari, when she did not win at the polls.

    Again, in the same manner that important issues in our country that should worry everyone are ethnicized, either to save face or force accommodation for bad behaviour, Mmesoma’s glaring misdemeanour got entangled in ethnic snuggery. On one hand, were some of Mmesoma’s kinsmen and women who drew their swords to battle her imaginary enemies, while on the other hand, were the professional ethnic baiters who saw another opportunity to bath her ethnic group in liquid gum.

    While this column will not waste energy on either of the two sides, who engage in worthless pastimes, it disagrees with the JAMB’s kneejerk reaction to Mmesoma’s misdemeanour. The claim in some quarters that since the girl has subsequently admitted her wrongdoing, whatever JAMB did is right does not hold water. JAMB did not administer the basic principle of fair hearing, which is a fundamental principle of natural justice, before it slammed her with three-year ban from writing future JAMB exams.

    Read Also: Mmesoma: JAMB to sanitise nation’s public examination sector

    While administrative adjudication, which is what JAMB engaged in, in dealing with the Mmesoma’s case, has been recognized in legal theory as a way of dealing with administrative cases, there are fundamental principles that must be observed. Learned author Ese Malami, captured it in his book on Administrative Law. First, the tribunal, officer or authority must observe any rule of procedure or process of adjudication laid down for it by statute or terms of reference.

    Secondly, it must observe the rules of natural justice or fair hearing, that is, the due process of law, for that is the basic requirement incumbent on any person, or body who aspires or undertakes to decide any matter. In Mmesoma’s case, it appears that the brouhaha from especially her netizen sympathizers got the better part of JAMB officials and its sympathizers. After issuing a statement that the result was fake, which it is rightly entitled to do, JAMB subsequently went ahead to sanction her arbitrarily.

    A simple procedure of writing her and requesting her to defend the allegation of forgery would have sufficed, to satisfy the requirement of fair hearing. Again, it is important that the punishment which JAMB meted out is known and provided for in advance, before the misdemeanour allegedly committed by Mmesoma. That is the import of section 36(8) of the 1999 constitution (as amended). If the three year-ban came from the whiff of Oloyede’s angst against the temerity of Mmesoma to mess up his reputation, then the court would most likely shoot it down.        

    Since this column is about law and public power, it may not be fair to use the Jesus standard of asking only those who have never forged documents to cast the first stone on the lying Mmesoma. Of course, the Anambra State government after confirming the forgery, through a panel of enquiry, has asked that she be treated by a psychologist.

  • Mmesoma!

    Mmesoma!

    Thanks to Chukwuma Charles Soludo, the Anambra governor and his eight-man panel of egg heads, the dusts generated by the Mmesoma Joy Ejikeme affair have begun to settle. For a matter opportunistically framed by some as one between a David and Goliath – the 19-year-old Mmesoma versus the almighty Joint Admissions and Matriculations Board (JAMB), the supposed outcome must have been a disappointing anti-climax!

    Remember, we started off with a home video of an ‘injured victim’ in what was supposed to be another graphic illustration of institutional debility that has become commonplace. Recall the artfully contrived ‘innocence’ displayed in the video, complete with JAMB result displayed gleefully as ‘iron cast proof’, later rounded up with the usual seductions into the sentimentality of a demand by the victim for ‘justice’!

    If yours truly considered the clip as bland, those unseen hands apparently injecting ‘stuff’ backstage as if to make the story line believable would suffice to render it phoney! And that was a story that was supposed to be far more believable than that of JAMB; the institution on which millions of young Nigerians had invested their hopes of admissions into tertiary institution!

    However, if that was the whole point about the video, what one saw oscillated from being a spectacle in self-mockery to one of fulsome disgrace!

    Of course, while the home-grown Netflix ran, the other side attraction – a committee of eight summarily empanelled by the Anambra State government to ‘get to the root of the matter’, would kick in!

    But that was a little after JAMB, now thoroughly perplexed, had been forced to go public. Of course, it disclaimed the so-called result; it let it be known that the format displayed by the young lady was last used in 2021; and as if to erase any still lingering doubts, it added that the QR code on the displayed ‘result’ actually bore the name of another candidate even as it invited Nigerians to undertake a scrutiny of its other details such as the date of birth and the name of the centre if only to establish who between JAMB and Mmesoma was lying.

    And the background? The delinquent, had, after securing a N3 million scholarship package from INNOSON Motors, apparently gone on to press the Anambra State government for ‘recognition’. The latter in turn had, as one would expect, reverted to the examination body for confirmation only to be told that her claims were as dubious as her craving for unmerited recognition was execrable!

    Call it the classic – Nollywood stuff!

    In the opinion of some, JAMB shouldn’t have gone public, since, it had, already, asked the Department of State Security, DSS, to wade into the matter! To this category of critics, it was a case of killing a fly with a sledge-hammer – never mind that the ruthless sophistication of the young lady could only have stemmed from a crooked mind-set. Remember, the lady didn’t stop at merely appropriating what belonged to another candidate, she went the extra mile of creating supporting documents to corner the unearned advantage while at the same time rubbishing the work of JAMB.

    Yes, I also read an account in which a group actually summed up the entire saga as merely an extension of the official conspiracy targeted at a section of the country – again, never mind that the individual actually deserving of the trophy – Ms Precious Nkechi Umeh, with a score of 360 as against her sexed up figure of 362 also came from the same Anambra!

    So much for some Nigerians’ ‘love for the single story’ narration – apologies to Chinamanda Adichie – JAMB was supposed to be the one on trial! And so the story went on and on with only the more charitable of the critics calling for an independent, or better still, an international body to probe JAMB! For the others, if only for daring to mess up with a gifted daughter of the Southeast, nothing short of disbandment of JAMB would be satisfactory!

    Read Also: Soludo refers Mmesoma to psychologist

    Even our supposedly busy lower house, the House of Representatives wouldn’t be left out of the fray, going as far as to order its own probe. Yes, her big ‘Aunty’ Obiageli Ezekwesili – former minister of the republic – while weighing in, thought little of denying JAMB the benefit of the doubt! To her, nothing short of an impartial probe (whatever that means) would be acceptable. And all of these because a lone candidate out of nearly two million candidates in this year’s Universities Tertiary Matriculations Examinations (UTME) desired a trophy of which JAMB was neither a party nor a sponsor! 

    Yes, the Anambra State government cannot, in all fairness, be accused of doing nothing, (it was, after all, the state government that first notified JAMB of its intention to honour the girl following her claim of outstanding performance); but then, the idea of an eight-man panel to probe the controversies generated by Mmesoma’s claims would seem rather bizarre if not entirely odious considering that only JAMB has the final say not only on its processes but also the outcomes! And this was long after the body had spoken that the result was forged! Yes, this is Nigeria!

    Given that there must have been at least a dozen other candidates in the Anglican Girls Secondary School, Nnewi, Mmesoma’s school, couldn’t the state government have simply ordered the principal to conduct an internal check by comparing her result with those of other students? Would this not have saved everyone the time and the ensuing embarrassment? 

    Imagine the panel merely affirming what most reasonable and discerning Nigerians knew all along! Can we put this side by side with the intervention by Osita Chidoka, the former aviation minister, who incidentally owned the centre where Mmesoma took the exam, and who, after a routine check, had no trouble asking the girl to own up to the crime?

    Confession or not, one troubling revelation in the Mmesoma affair must be the duplicity and the rank hypocrisy of that cast ever so eager to play the bogeymen, the masters of equivocation for whom every single public issue must be treated as politics – read war – as contestation by any means imaginable! For while the delinquency of the throng who, unable to live down the electoral routing of February 25 would latch to just any type of fuel to keep their fantasies aglow are barely tolerable; far less forgivable must be the antics of their closet allies and sympathisers rather conveniently packaged as defence of the public good, but which are for all intents and purposes, designed to undermine the confidence in our institutions.

    Those who fail to spot the pattern to the madness only need to study the all-our war unleashed on the Independent National Electoral Commission, INEC, particularly its helmsman Mahmood Yakubu, in the aftermath of the February 25 presidential election.  And the charge? That his INEC couldn’t deliver on its promise to upload the results of the presidential elections in real time – the same results that parties’ agents had been handed hard copies at the polling units as stipulated by the law! For that, they wanted the entire process aborted with an interim contraption brought in to replace the elected government. Failing to achieve their devious plans, they have branded the exercise as irredeemable.

    As for the judiciary charged with adjudicating on the electoral process and its outcome; if these elements have not succeeded in undermining public confidence in the institution already, it is certainly not for lack of effort. Remember the spin about the Chief Justice, not only confined to a wheel chair but wearing a disguise while stealing into London under the cover of darkness to meet who!

    Guess those who think little of the hideous moral equivalences routinely thrown up at any time and at everything had better prepare for the long haul; for while their choice of JAMB as quarry may have tragically backfired, there seems to be no stopping the execrable  mob as they seek to brand our dear country as the worst imaginable place on earth.  

    I close. What remains for Mmesoma is a sequel to that video, complete with the apologies. That would be a good way to end the saga. 

  • MKO Abiola: Man, and martyr

    MKO Abiola: Man, and martyr

    Moshood Olawale Kashimawo, Abiola, winner of the 1993 presidential election who was prevented from taking office by a confederacy of military, civilian and foreign interests, and was done to death in captivity in 1998, would have been 86 years old on July 7.  Finally and fittingly, the nation has acknowledged and honoured Abiola’s sacrifice and example through his collaborator, President Bola Tinubu, as “a true hero of democracy.”

    Moshood Abiola was an unlikely candidate for political martyrdom or indeed for martyrdom of any kind.

    He had entered politics almost as a pariah who regarded money as the measure of all things.  He had everything that money could buy.  And he was not apologetic or coy about it. He flaunted his wealth even when putting some of it to serve beneficient ends.

    But his compassion was genuine.  He held it as article of faith that anyone who was in a position to show compassion but failed to do so would never find favour with Allah.  He would recite in English, Arabic and Yoruba, passages from the Bible and the Quran to that effect.  And he lived every day by that creed.

    Abiola’s compassion and public-spiritedness won him a great deal of public attention, even respect, but not much love nor significant following, as he discovered when he entered politics in 1978 as a card-carrying member of the National Party of Nigeria (NPN) and entered his senior wife, Simbiat, as candidate for a Senate seat from Ogun on that party’s platform, in a state that was fanatically loyal to Obafemi Awolowo’s Unity Party of Nigeria (UPN). 

    She lost by a huge margin.

    Abiola’s position as chief executive of ITT in Nigeria did not help matters, given its notorious complicity in the overthrow of the democratically-elected Socialist government of President Salvadore Allende Gossens in Chile, and its notoriety for unsavoury business practices, which led the contrarian Afro-beat king, Fela Anikulapo-Kuti, to mock the global brand as “International Thief-Thief,” or global robber.

    ITT had won huge telephony contracts in Nigeria and its contractors had dug up all major streets in Lagos for telephone cables.  The work was moving at a very slow pace, putting residents, especially motorists, to great inconvenience.

    Abiola himself seemed to have compounded matters by distributing to members of the Constituent Assembly debating the draft constitution for the Second Republic, a sophisticated, multi-function ITT  electronic calculator.  Not a few Nigerians interpreted it as an attempt to buy influence.

    But what galled the teeming supporters of the  UPN, which governed the Yoruba states and             Bendel—what used to be Western Nigeria during the First Republic, but was in the opposition in the Second Republic—was the virulently anti-UPN stance of Abiola’s Concord newspaper group.

    It was as if those newspapers had it as their goal to take Awolowo and the UPN out of political reckoning.  Even if they had been set up by the NPN and not by one of its well-heeled members, they could not have been more pro-NPN.  A large portrait of President Shehu Shagari graced the lobby, next to a portrait of Abiola’s, in the editorial offices of the Concord Press, in Ikeja.

    In short order, they published a sensational story claiming that Awolowo had improperly acquired vast tracts of landed property in Maroko, Lagos, while falsely and hypocritically parading himself as a socialist devoted to the public welfare. 

    They followed with another story, about another allegedly improper acquisition of landed property in Lagos, by Lateef Jakande, the UPN Governor of Lagos State, who enjoyed a reputation for probity and a Spartan lifestyle.  Then, they took on the UPN Governor of Ogun State, Chief Olabisi Onabanjo, claiming that he had improperly dipped into the public treasury for a lavish private vacation in the UK.

    These stories delighted Awolowo’s political opponents in the NPN and other parties and infuriated the UPN’s teeming supporters.  In court hearings, the stories on Onabanjo and Jakande were held to be false and defamatory, and both plaintiffs were awarded substantial damages.  Awolowo’s lawsuit was still wending its way through the courts when Awolowo died in 1987.

    Abiola’s romance with the NPN did not survive the 1983 presidential election.  In keeping with its claim to having a “national outlook,” the party had at its inception adopted a policy of “zoning” the presidency.  In practice, this meant that if a president from one zone had served his term, the party would give its ticket to a candidate from another zone.

    Abiola had sought the NPN’s ticket for the 1983 presidential election.  A stalwart of the party from the North, Umaru Dikko, declared with petulant scorn that the presidency of Nigeria was not “for sale.”

    So, the NPN could draw on Abiola’s wealth, but would not countenance his seeking its presidential ticket?

    That was it.

    Abiola stomped out of the NPN and never looked back.  He also tried to mend fences with individuals and groups from whom he had been estranged by his exertions in furthering the NPN’s cause.  Public appreciation for his philanthropy turned to respect for his person, and the respect turned into admiration.

    But it was when Abiola declared for the Social Democratic Party (SDP) on the return to party politics in 1988 – when he finally got his politics right by embracing the progressive political tradition of the states carved out of former Western Nigeria – that he began to attract the devoted following that translated into the massive electoral support so crucial to his victory in the 1993 presidential election.

    Read Also: Ogun YSFON set to revive MKO Abiola’s Cup

    It was this mass support that animated the struggle for the actualisation of Abiola’s electoral mandate and kept alive much of the passion surrounding the events subsumed under the evocative label of “June 12.”

    If Abiola had not got his politics right, if he had, for example, cast his lot with the National Republican Convention (NRC) and run on that platform, it is doubtful whether he would have enjoyed that kind of electoral support.

    This massive support, it is necessary to insist, has less to do with his being Yoruba than with his being the standard bearer of the party that was “a little to the left,’ one whose ideology accorded with that of the Yoruba.  After all, Ernest Shonekan, whom Babangida foisted on Nigeria as Head of his “Interim National Government” was Yoruba.  But the Yoruba rejected him roundly.  General Olusegun Obasanjo, who is also Yoruba, earned the fewest votes in Yorubaland when he ran for president in 1999 under the banner of the conservative PDP.  Running as an incumbent four years later, he hardly fared better.

    We will never know whether Abiola would have made a good president.  After Babangida’s Structural Adjustment Programme (SAP) decimated the middle class and pauperised the mass of the people, expectations ran high that an Abiola Presidency would improve the lot of the ordinary citizen in the short term, if not immediately.  Abiola had pivoted his campaign on Hope—hope for a better future, at a time when hope was in short supply.  He was going to tackle poverty frontally and help eradicate it.

    In the popular consciousness, he seemed uniquely qualified for the task.  Born into and reared in dire poverty, he had become a multi–billionaire, with a business empire spread across the world.

    By a curious coincidence, the price of imported milk, rice, and tomato puree had come down substantially in the weeks after the election. Around town, the word was that, as a gesture of goodwill to mark Abiola’s coming, importers had decided to reduce the prices of some commodities.  Whether this was true or not, the average consumer took the price reductions as a sign of the good times that would roll in when Abiola took charge.

    The quest for the Presidency changed Abiola in significant ways, according to some members of his campaign team and senior aides. Gone was the brashness of those days when he regarded money as the measure of all things.  He learned to stoop to conquer.  He became a good listener and a patient conciliator.  He encouraged those around him to tell him what he needed to know rather than what they thought he would like to hear.  He became less impulsive and more deliberative. Worldly pleasures counted for less and less in his preoccupations.

    Before he secured the SDP ticket, so un-organised was Abiola it was a surprise he ever got anything done. The campaign imposed some order and discipline on his proceedings, and he seemed to have embraced this new approach as a better way of carrying on in the public realm he was about to enter.

    Before 1993 and subsequently, the legitimacy of persons elected to the political leadership of Nigeria was always disputed.  In the 1964 general election, the first after independence, the ceremonial president, Dr Nnamdi Azikiwe, was loath to invite the incumbent Prime Minister, Sir Abubakar Tafawa Balewa, to form a new government, persuaded that the outcome of a poll boycotted by the opposition for the most part could not be said to reflect the true wishes of the people.

    In 1979, it was a mathematical sleight of hand that awarded the presidency to Shagari. Throughout his first term, his legitimacy was always in contention. The NPN went on to rig Shagari into office in 1983, in a manner so brazen that the military had to step in to stave off violent protests in many parts of Nigeria.

    The 1999 general election that produced General Obasanjo was held under a constitution that had been kept a closely-guarded secret. The 2003 sequel was, according to local and international observers, the most fraudulent they had ever witnessed.  The 2007 contest was more of the same.

    The 1993 election delivered a clean, pan-Nigeria mandate and conferred on Abiola a legitimacy that no Nigerian president before or since has been able to claim or enjoy. Abiola showed that, in Nigeria, elections can be won without the organised rigging that has been the bane of Nigerian politics.

    To the very end, he resisted every pressure, discounted every threat, and spurned every blandishment the military regime and its foreign collaborators contrived.  His tenacity surprised the vast majority of Nigerians who did not know him well and those who knew him only in caricature.

    They thought that, faced with the prospect of being put to the slightest inconvenience, to say nothing of being jailed, losing his vast financial empire and perhaps, his life, Abiola would cut a deal, put the best face on it, and move on.

    Even some of those close to him thought him feckless, like the Concord editorial writer who told me on the eve of the 1993 election that, even at that stage, Abiola could still be bought or bribed off the race.  Abiola, he said, saw the election as nothing more than an opportunity to add one more feather to a cap that was already chockfull of feathers, and would gladly drop the idea if the price was right.

    The fellow was wrong, as was everyone who thought likewise.

    Abiola had entered Nigerian politics almost as a pariah.  He departed the political scene and the world almost sainted by his teeming supporters, with whom he refused to break faith. His influence lives on.

    This profile of Abiola first appeared in my 2010 book, Diary of Debacle:  Tracking Nigeria’s Failed Democratic Transition (1989-1994).

  • Limit to denialism

    Limit to denialism

    Since their crushing defeat at the 2023 general elections, two of the three discrete arms of PDP have embraced election denialism — as if their lives depend on it.

    Maybe their lives do.  When you believe a blatant, self-told lie, your very reality is nothing but a rich illusion that soon blossoms into some glorious, preening delusion!

    Such is the pathetic lie that has become the mainstream PDP under Atiku Abubakar, former Vice President of the Federal Republic; and even worse: its LP variant, under the ever-posturing Peter Obi, and his legion of youths merry to be scammed; with his boisterous, clannish supporters in tow!

    It’s quite a bubble — the Obi camp — where one incandescent lie uproots the other, to fend off — horror of horrors! — Dis-Obi-diency: a disavowal of the Obi-dient orthodoxy, as fatal as heresy was to the heretic, against medieval Catholicism.

    Only the PDP third arm — Rab’iu Kwankwaso’s New Nigeria People’s Party (NNPP), garrisoned in Kano — has blasted itself off that bubble of post-polls lies which, oft repeated, wear the garment of truth — at least among folks ready to be fobbed.

    But even that, with the demolish-first-think-later temper of Governor Abba Yusuf and his gang, you could feel a regime fated to fatal distractions, though self-imposed.

    But back to PDP and LP.  Both weaponized the pleading of their cases at the Presidential Election Petition Court (PEPC), as if it were some open sesame to corral  the presidential diadem both so much covet, though both work at cross-purposes.

    But as the PEPC winds down, and its initial blackmail value wears off, and stark reality sets in, new blackmail tools, to further fob their starry-eyed captives, appear imperative.

    The Obi camp never tires of bombarding the social media, and sympathetic radios and TVs, with alleged unimpeachable “facts” they had tendered at the PEPC, suggesting their candidate, Peter Gregory Obi the Immaculate, was only awaiting coronation!

    Still, shouldn’t such proclamation come from PEPC, after x-raying every claim and counter-claim?  Why this pre-verdict glad tiding from the Obi vanguard?

    Peter Obi and co rise or fall by the explosive power of their hideous propaganda!

    The same pre-poll tactics declared Obi soar-away social media president, though he boasted no soar-away winning structure, beyond hallucinating “Yes, Daddies”.

    The same post-poll tactics pushed fair defeat into an amusing pantomime of mandate reclamation, when it made more sense to study a clear over-performance, skewed by reckless religious politics; and a rabid projection of ethnic desperation.

    The same tactics, you can be sure, will spin the PEPC verdict as some victimhood lore, even long after the Supreme Court would have had its final say on the matter.

    On the bubble and its echo chambers, Peter Obi and camp are probably beyond redemption.  Still, you hardly tell the blind is market is over.  The vanished din drums it loud enough!

    Nevertheless, Obi-dients — rabid in fervour, plebeian by temper — will do well to brace selves: their shaman just swore to Daily Post of July 9 he’d be president in 2027 —fancy springs eternal!  

    But might that be early warning yet PEPC might turn out a contrived bumpy ride to nowhere?  We wait!

    In comparison, the Atiku PDP arm ran a far more serious campaign (beyond Dino, its in-house comedian; and Atiku, fatally branding himself the northern candidate).  It also exhibited far more sobriety and industry at PEPC.

    Read Also: Poju Oyemade’s post on ‘wisdom of Solomon’ upsets Obi’s supporters

    But that doesn’t make its election denialism any less galling, though far more subtle.

    Take the take of Osita Chidoka, Aviation minister under President Goodluck Jonathan, on the unfortunate case of Nmesoma Ejikeme, the 19-year-old that faked her Joint Admissions and Matriculation Board (JAMB) score to proclaim herself the 2023 University Matriculation Examinations (UME) genius.

    On Nmesoma, Oby Ezekwesili, Obasanjo-era minister of Education, was a painful study of a split personality: her heart rooted for her ethnic lass, her head played the national activist of conscience.  Yet, pious dissembling never loomed larger!

    Chidoka scoffed at any such conflict.  Citing “red flags”, he pronounced the girl’s result genuine forgery.  That was quite refreshing: for many of his folks were enrobing plain dishonesty with ethnic rage — which Chidoka rightly decried.

    But it was clear Chidoka threw poor Mmesoma under the bus to fully pounce on the Independent National Electoral Commission (INEC) — public enemy No. 1 to Atiku and Obi, for conducting an election which both lost.

    Chidoka’s self-serving cant, posturing as fiery angel for public good, was clear: “Like JAMB, INEC must be accountable to the people of Nigeria,” he boomed.  ”They should step forward and restore the integrity and sanctity of elections in Nigeria and remove the cloud of illegitimacy surrounding the election of President Tinubu, if their system worked as they are claiming.”

    Again, gangling hypocrisy never loomed larger!  

    For starters, it’s rich for the former FRSC Corps Marshal to spew evocative words as restoration,  electoral integrity and sanctity; and alleged illegitimacy over Tinubu’s election, as if he was not a partisan just echoing the stark sentiments of losers — sentiments clearly not shared by Tinubu’s winning camp.

    But that’s the thing: in Chidoka’s bluster, you clearly see the potency of the Atiku propaganda — subtle deceit, perhaps more noxious than Obi’s hare-brained rackets.

    But even more sinister: Chidoka’s flat dismissal of a court’s verdict, yet to be delivered. 

    “The courts,” he huffed, “cannot remove the national disappointment, odium, and massive distrust of INEC’s election infrastructure, no matter the decision.”

    Odium and distrust — from who?  Besides, if the courts cannot fairly adjudicate a case, then who can — Chidoka and rabid co-partisans, coveting stuff they never had?

    Again, is the Chidoka show an early spin of the likely debacle to come from PEPC — after all the huff and puff of reclaiming a “stolen mandate”?  

    Perhaps like Obi, Atiku too is “coming” in 2027!  So some racy spin to further sate and fob dis-Atiku-lated Atikulates?  Toh!

    Clearly, the toxin from the June 12, 1993 election annulment saga appears not fully diffused.  Then, it was a hubris-filled political military purporting to cancel a free election.  They eventually cancelled themselves.

    Now, it’s a band of sore losers, badly splintered going into the polls, jerking awake to, sour grapes, bad-mouth the glorious result of their ringing folly!  The joke is on no one else but them.

    Besides, these PDP variants traduce Prof. Mahmood Yakubu, INEC chair, as if he were some Maurice Iwu, Obasanjo’s special purpose vehicle to ram down his “do-or-die” electoral heist of 2007 — clearly the worst since 1999, if not ever!

    Well, common sense isn’t common.  Besides, sustaining a lie, brazenly self-told, could damage the mind, perhaps beyond repairs.  

    There is a clear limit to blatant election denial.

  • Osun on the move again!

    Osun on the move again!

    How is Osun faring?  Compare and contrast June 2011 and June 2023.

    In June 2023, the Ademola Adeleke government clocked six months.  In June 2011, the Rauf Aregbesola government — the one he dubbed “government unusual” — had reached that same threshold, after assuming office on 27 November 2010.

    In those first 100 days, Aregbesola had delivered OYES — Osun Youth Empowerment Scheme — his government’s volunteer scheme to put graduate and non-graduate youths to work; and give Osun’s sleepy economy a wake-up jab.

    OYES rolled out 20, 000 youth volunteer jobs in 98 days.  But OYES was only the flagship for other development policies and programmes:   

    — O’Meal: free school daily feeding for the first four years in public schools. 

    — O’School: the most comprehensive modernization of public education infrastructure  

    (school buildings, atmospherics and teachers’ re-tool) in Osun history. 

    — O’Ambulance: a free and ready public ambulance service, for emergency auto crashes; and to offer support medical care for Osun’s poor, frail and helpless elders.

    — Agba Osun: an old age health and welfare scheme for the poorest of Osun elders, scientifically picked, with a monthly stipend of N10, 000. 

    Then, an integrated road-bridge-canal system, urban and rural, that boosted the economy and salvaged the environment.

    From OYES came the World Bank’s YESSO: Youth Empowerment and Social Support Operation.  

    YESSO would birth the Nigerian Social Register (from which the Muhammadu Buhari government paid N5, 000 to Nigeria’s poorest nationwide, under its conditional cash transfer (CCT) programme.  The World Bank also used that register to extend US$ 800 million to fund Nigeria’s post-subsidy palliative payments to the poorest of the poor.

    OYES would also preface the N-Power national graduate volunteer job scheme, with its initial 500, 000 beneficiaries bigger than the federal civil service (then put at 88, 000).

    Much of these are captured in Ogbeni: The Osun Renaissance Years, a book on that era (by yours truly) that should be out before this year runs out.

    That was Osun 12 years ago.  But now — June 2023?  

    Unlike the developmental clatter all through Aregbesola’s first six months, drawing study visits from all over Nigeria, what defines the evolving Adeleke era?

    The governor and a former senator, trying each other out for space, at the Osogbo eid prayers, during the 2023 Ileya (Eid-el-Kabir) Muslim festival!  What a sink!

    Former Senator Ajibola Basiru, PhD, was Aregbesola’s attorney-general and Justice commissioner.  His ministry gave teeth to that era’s development-friendly policies.

    Governor Ademola Adeleke was an opportunist senator, on account of the sudden death of his better-known brother, a former senator too and Osun’s first elected governor (January 1992-November 1993): Isiaka Adeleke, aka Serubawon.

    Adeleke’s willy-nilly insistence to replace his dead elder brother, within Aregbesola’s APC on which ticket Serubawon was elected senator (though a latter-day defector from PDP), created the first succession chink of the Aregbesola era.

    Adeleke would go ahead, on PDP ticket, to win the Osun West senatorial seat; and come back in 2018 to contest the governorship against APC’s Gboyega Oyetola, amidst a clangorous Osun West clamour: Oyetola was from Osun Central.

    Though Oyetola would win with a wafer-thin margin after a run-off, that election badly splintered the Osun APC.   

    Many of its leading lights from Osun West (most notably, the Shehu: Alhaji Moshood Adeoti, from the Iwo progressives bastion) rebelled to push for personal glory.  

    Osun APC hardly ever recovered.  The Osun progressives debacle was born!

    On his own, Governor Adeleke (with all due respect to his high office) was never a perceived serious figure, beyond inherited family privileges.  

    “Ade Dancer”, his dismissive and irreverent moniker, all but says it all.  So, hardly anyone expects the world from his government — in any case, not when compared with the policy Olympus of the Ogbeni years; or even the more placid Oyetola era.

    But dancer or no dancer, Adeleke would hand Governor Oyetola a hat trick of electoral thrashing, starting with Oyetola’s gubernatorial ouster, though that was a close race.   

    But as sitting governor, PDP’s Adeleke would inflict a severe double-whammy: first, in the 2023 presidential election: APC’s Bola Tinubu lost to PDP’s Atiku Abubakar — the first APC candidate’s loss in Osun, since the 2010 progressives’ take-over.

    Then, in the state legislature election: Adeleke wiped out the APC Osun legislature presence: from 24 seats to a solitary one, in a 26-seat assembly!  In this terrible hat trick, each follow-up drubbing was more hideous than the previous one.

    Enter, the Osun progressives meltdown, perhaps even more severe than the 2003 Alliance for Democracy (AD) fiasco — which the defunct Action Congress (AC) stepped in to correct and erase from 2007, though a blind PDP vote-steal wouldn’t allow a reclaim of power till November 2010!

    Why the debacle, though?

    Oyetola, all through his four years, benchmarked himself against a government in which he was Chief of Staff; and not against the Osun PDP conservatives that the APC ousted, after three-and-a-half years of crunchy legal challenge — aside the blood and gore that drenched the 2007 heist, which President Olusegun Obasanjo then dubbed “do-or-die.”

    In the ensuing war of attrition, the Oyetola government lost the potent social capital — from the poor-friendly developmental policies — that fetched the Osun progressives 12 uninterrupted years in power.

    Ogbeni himself blundered into an unfortunate verbal attack on his long-term mentor, President Bola Tinubu — a tragic brawl that pitched hitherto beloved ideological son against a no less doting ideological father.

    That attack has risked, for Ogbeni, isolation from his progressives family.  The Yoruba progressives aren’t the most forgiving, once they are charged!

    Yet, for Osun, that’s a clear path to perdition: those who screech for blood lack street value.   Those whose blood they crave are undisputed champions of the street!  

    It’s a peculiar mess that could well doom the Osun progressives to perennial future electoral slaughter — except, of course, more clinical minds break this cycle of happy-go-merry mutual destruction, on a lightning-fast emotive lane.

    While the gladiators will sort selves out, it’s paradise lost for the Osun masses.

    In November 2018, Osun placed second (behind Yobe) in SOML — Save One Million Lives Programme for Result (SOML-P-for-R), a World Bank-Federal Government national public health contest, on child health and maternity care. The state won US$ 20 million as prize, to further invest in its public hospitals.

    In March 2020, Akintade Abdullahi, a product of the Aregbesola-era mega model public schools, was Nigeria’s best schoolboy scientist, earning a university scholarship up to PhD, as his win.

    Will Osun ever repeat such feats — as Nigeria’s best schoolboy scientist — with the humdrum of governor and senator brawling over sitting spaces at eid?

    Osun ronu — think! 

  • Power and the people

    Power and the people

    In a piece titled ‘Power and the People’, Richard Bourke argued that the relationship between sovereignty and the law is relatively straightforward, but when it comes to politics, however, things are much more complicated. Some events concerning President Bola Ahmed Tinubu and the former President Muhammadu Buhari in the past week generated my interest in the relationship between power and the people, and a scratch threw up the piece titled as such by Richard Bourke.

    While the social media was awash with what some people claimed was a mile-long convoy escorting President Tinubu to his Lagos residence as he returned home for the Sallah celebration, the media aide to the former president, Garba Shehu, while denying Buhari was lobbying to save his former aides from imminent probe, claimed the former president went to London to escape the hordes who wouldn’t allow him rest, since he returned to Katsina after his tour of duty in Abuja, as president.

    There were also reports that all the hotels around Ikoyi, where President Tinubu lives were fully booked in the past week, even as the prices of quoted stocks of major hotels, appreciated in the same past week also. Again there were reports that lobbyists followed President Tinubu all the way to Paris, for the New Global Financial Pact summit, and all the way to London trailing his private visit, after the summit.

    The persons following Tinubu about may be seeking for placements in the federal executive cabinet and the boards of directors soon to be appointed. While the hordes at Buhari’s gate are mainly those seeking a handout from him to survive the excruciating economic hardship resulting from his four years of economic mismanagement. Obviously, the former president chose to escape from the sad reminder of his mismanaged once-in-a-lifetime opportunity, of exercising power at the highest level. Either way power is what a honeycomb is to bees.     

    For President Tinubu, the crowd following him, which detractors have counted amongst his official convoy, is a reminder of the enormous power in his hands which he can use to change the lives of the people of our country for the better. Tinubu captured the enormous power in his hand when he explained that he did not retain the multiple exchange rates even though he could have benefited from the duplicitous arbitrage. Rather, he abolished it for the economic benefit of Nigerians who elected him, saying he knows they trust him to effect the necessary changes.

    Choosing the right persons to make the ministers’ list and members of the boards from the amorphous crowd following him all over the place would be the most significant test for the Tinubu presidency, in its first 60 days, as provided by the 5th amendment to the 1999 constitution. The quality of persons the president nominates would determine how far his economic reforms would impact. Would he fulfil the cliché of putting round pegs in round holes?

    If he chooses persons like the former Minister for Education, Mallam Adamu Adamu, who confessed that he knew nothing about education when he was appointed the minster, then like Buhari he would end up with hordes of the disposed and the poor at his gate when his tenure comes to an end. If on the other hand, he chooses men and women of knowledge and integrity, he could fulfil the huge expectation placed on his shoulders by the throng of suffering Nigerians.

    Such men and women would not repeat the rottenness Tinubu identified in the monetary sector by the former governor of Central Bank, Godwin Emefiele. Such men and women would not be like two-faced Janus, which the Buhari minsters and heads of extra ministerial organs were, as they made polices like the multiple exchange rates, which benefited them, while they gave the impression that they were honest men working for the benefit of the country.

    He would not nominate men like Hadi Sirika, the former minister of aviation, who ended his duty in disgrace. While the people had invested hope in his promise to gift Nigeria a national carrier, stories have since emerged on how he engineered a phantom air carrier, after spending billions of scarce national resources. Whether N3 billion which the minister claims he spent, or N85 billion claimed by other sources, the bottom line is that the Nigeria Air carrier which President Buhari and his minister made a lot of noise about is nothing but a fluke.

    Another former minister who may not be sleeping well is the former Attorney General and Minister for Justice, Abubakar Malami, SAN. There are tales of unlawfully sold crude oil, which was one of the issues in contention between him and the former chairman of Economic and Financial Crimes Commission (EFCC), Ibrahim Magu. There are also allegations of diverting recovered assets, and petition pending against him before the Legal Practitioners Privileges Committee. He may also answer charges of interfering with investigations of corrupt practices while in office.

    There are other ministers who are alleged to have mismanaged the enormous resources placed at their disposal, especially those considered to be very close to the former president. They include the Minister for Humanitarian Affairs, Disaster Management and Social Development, Sadiya Umar Farouq, who took over some of the responsibilities of the former vice president, Professor Yemi Osinbajo. Many considered her one of the untouchable ministers, whose portfolio is so elastic that even probing her tenure would be difficult. How do you probe expenditure as tenuous as sharing money in the market or to the hordes of poor people?

    President Tinubu is at the threshold of history and many, like this writer, believes he has the capacity to start Nigeria on the path of national development. The national canvas is expansive, and President Tinubu has the skill. From his work in Lagos State, the president understands the need to do a comprehensive review of the national minimum wage, whether in the judiciary or the civil service; he has the capacity to stop the haemorrhaging of the national resources, whether in the oil industry, or tax revenue, among other issues.

    As the appointment of the service chiefs and the election of the leadership of the national assembly have shown, President Tinubu has the capacity to fix the national fissures which his predecessor appeared to have enjoyed its expansion. No doubt, Nigeria has not been more divided since after the civil war as they were under former President Buhari. Nigeria can be a great nation if the fundamental steps of nation building are put in place by her leaders.

    This column urges President Tinubu and the state governors to use the enormous powers at their disposal for the benefit of the people.

  • A media scholar departs

    A media scholar departs


    No response short of the outpouring of grief and mourning across Nigerian universities, institutions, of further learning and media houses could have done justice to the memory of Dr Lai Oso, a professor of journalism at the Lagos State University and dean of its School of Communication from 2011-2015, since news broke of his death this past weekend.

    Oso died in a motor accident between Abraka, in Delta State, and the Edo State capital, Benin City.  He died in harness, in the line of duty. He was returning from Abraka, where he had gone to serve as an external examiner in mass communication when the accident occurred.

    Something tells me that if he could stand by unobtrusively and watch it all, Oso, professor of journalism, and most recently, dean of the School of Communication of Media Studies at the Lagos State University, Ojo, would have done so somewhat bemused.

    Though he was a serious and industrious student, one of the best I have had the privilege and pleasure of teaching here and in the United States, he never took himself too seriously, no matter the occasion.

    Oso was the one who always spoke out and asked questions in that rich baritone that filled the room. He was totally unpretentious and often came across to some as boisterous, but his boisterousness was not the flippant kind.  It was rooted in his self-confidence and in  his mastery of material and occasion.  He was never superficial.

    Back then, a Second Upper represented superior academic achievement in the university.  It still does, but not to the same extent.  Today, the inordinately large number of students graduate with a Second Upper each year, but it is more a sign of grad inflation than of a quantum leap in scholarly achievement. Their skills set and the general bearing of their products often leave much to be desired.  

    In Oso’s case, scholarly erudition, conviction, self-confidence, and, yes, a robust sense of humour enriched by a penchant for repartee, resided in the same person.

    A perceptive student, he delineated his area of future scholarly inquiry early and made it the focus of his work.  Fascinated by Marxism, not as a political ideology, but as a framework for the study and analysis of social phenomena.

    For his final-year project, Oso applied that framework to examine how industry and trade unions contend to shape the news of the day.  Although I took more than a passing interest in the project, I cannot now categorically assert that he executed it under my supervision.  But I remember it well and profited from its insights.

    This perspective, called the political economy approach to the study of the media, informed his reporting for the News Agency of Nigeria (NAN).  It was sharpened at the University of Leicester, the leading graduate communication programme in the UK, where he earned his doctorate in mass media research, and has perfused his numerous scholarly publications.

    The political economy approach, also called the critical-intellectual approach, is what distinguishes European media scholarship from the American approach, which one of its pioneers described as “administrative.”

    The administrative approach takes the media as given, and explores how to use them to certain ends, such as selling more goods, winning elections, or bringing about behavioural and attitude change.  It rarely questions, to cite a trite example, whether more soap should in fact be sold; instead, it seeks to determine how the media can be used to sell more soap.  It rarely questions the goals of national development; rather, it explores how the media can be used to promote them.  It is shot through and through with metrics that are at best indicative of a race in progress.

    The critical intellectual approach, on the other hand, draws on insights from history, philosophy, literature and the social sciences in its analysis of media, which it regards as the province of cultural studies.  There is a prescriptive tenor to it, an iteration of what roles media should play in society, and an abiding concern with ethics.  It criticizes the existing order and seeks to replace it with something more humane.

    The two cannot of course be placed in separate, water-right compartments. There is always a bit of the one in the other and, vice versa, a bit of the other in the one.  No body of work falls entirely in one tradition.  In the end, it is a matter of degree more than anything else.

    It was in the critical-intellectual tradition that Oso situated his scholarship. By one account, he was one of the five most published mass communication and journalism educators in Africa.  He felt more at home in the classroom and at seminars and symposiums, where he could directly influence and inspire more minds than in the deanery.

    I last saw Oso in 2016, at the Ade Ajayi Hall when mass communication alumni of the University of Lagos marked the 50th anniversary of the programme’s founding.  At the plenary, Debo Adesina, then head of Guardian newspapers, presented a recondite paper on the ferment in the media, given the exponential growth in the technologies of communication and information.

    Without having read the paper previously, Oso gave an off-the-cuff review that left everyone in awe of his grasp of the issues.

    When I was conferred with DAME’s Journalism Lifetime Achievement Award for 2016, it was Oso I asked to accept the trophy on my behalf.  Thereafter, our contacts stagnated. The trophy sits somewhere in his office as I write this piece an indication of when my direct contact with him ended.

    Lai Muraina Oso was 67.  His death has robbed the community of media scholars and practitioners in Nigeria of one of its most influential voices.

    The greatest tribute Oso’s colleagues and students can pay him is to advance his tradition of media scholarship, activism and advocacy, and to bring to bear on their work the courage and integrity that marked his career.

  • Students’ loan and other matters

    Students’ loan and other matters

    It’s been a little more than two weeks since President Bola Ahmed Tinubu signed into law what is arguably the most consequential legislation after the Educational Trust Fund Act – the Higher Education Act 2023. Never mind that the legislation has been in the works since 2016, many, including the so-called ‘industry leaders’, continue to claim not to have seen the law beyond what the media has put out as its key elements. Again, never mind that the media, since its assent into law, has done a fairly good job of reeling out its key elements; suffice to state that those sworn to find no good in it have, by now, just enough talking points to dismiss it as unworkable if not dub it ‘satanic’ in its entirety!

    We are here talking of a law, which although has been largely, well received by the larger society, has continued to draw flaks from the usual quarters.

    Let’s start with what the law is all about. Simply put: it seeks to avail students of institutions of higher learning in Nigeria, interest-free loans for the payment of tuition fees. To achieve that, it emplaces a well-structured pool from which the funds would be drawn in such ways to guarantee its long term sustainability. These are said to include interests arising from deposits in the bank, education endowment fund schemes, education bonds, a percentage (1%) of all profits accruing to the government of the federation arising from oil and other minerals, a percentage (1%) of all taxes, levies and duties accruing to the government of the Federation from the Federal Inland Revenue Service (FIRS), the Nigerian Immigration Service (NIS) and the Nigerian Customs Service, and interests and revenue accruing from savings and investments made by the education bank.

    If anyone ever needed any evidence of good thinking – this ought to be it. Like the Tertiary Education Trust Fund (TETFUND) before it, it is something of a marked departure from typical ad hoc initiatives of government which promises to deliver heaven and earth at initial point but end up as a dismal joke.

    Yes, the law also created the implementing agency – the Nigerian Education Loan Fund, and vests it with the power to administer, supervise, coordinate, and monitor the management of the student loans in the country. That means business.

    However, not a few among the critical stakeholders in the sector are still unimpressed. The Academic Staff Union of Universities, ASUU, for instance believes it knows what is more fitting for the sector in the circumstance. I watched its president, Prof Emmanuel Osodeke sum up his union’s position on Channels Television’s Sunday Politics programme thus: “It should be called a grant since it is coming from the Federation Account and not that (after) these people have access it and when they are graduating, they have heavy loads behind them and within two years, if they don’t pay, they go to jail…”

    In other words, his union wants freebie of sorts a la national cake! To him, it is not just the burden of the loan package and its ‘draconian’ conditionalities’ that is odious, the mere thought that the new regime would actually be the harbinger of future tuition hikes is doubly offensive!  Describing the loan as “not practicable”, he went further to claim that more than 90% of students won’t meet the “stringent requirements” to access and repay the loan!

    I believe that the point needs to be made that the law does not pretend to be anything perfect – the magic wand that some would rather have it to be. To be sure, no law is; and this one can’t be an exception – which is why the best of laws are routinely re-done whenever new realities dictate. However, while I do understand the penchant by our typically vociferous elite to take to pedantic overdrive over minor issues which in the end merely obscure rather than illuminate public discourse; going as far as dipping something as consequential as that item of public policy in the narrow ideological claptrap, is quite frankly, disingenuous. It is a reflection of the degree to which our elites have lost touch with reality.

    Like most of its critics, I must confess that yours truly is yet to lay his hands on a clean copy of the law. However, from what is already available in the public space, it’s underlying its philosophy would appear sound as its intendments are unassailable. It is essentially about reducing the burden of tertiary education among Nigerians, particularly parents and sponsors; for some, the loan might well be the entry point to that highly desired course in financial literacy if not independence both of which many of our esteemed undergraduates badly need but which are ever hardly taught in the classrooms! That, essentially, is what public policy is all about – using regulations, law to impact societal orientation! That is why it is uncharitable that anyone would casually throw away the law without the benefit of a robust scrutiny.

    So much for the fixation – and I daresay romanticisation – of the past where the best of things in life are supposed to be free, the part of the problem with our thought leaders, it would seem, is their inability to step out of their cocoons into a fast-paced world – a world far removed from their carefully contrived world of models and pure forms. Imagine the jejune argument: the loan is bad because the conditions are stiff; students wont to be able to pay back because future employment is not guaranteed; and only a minority few will benefit because the income threshold set out for the parents of would-be-beneficiaries would preclude the greater majority from access! How many needs to qualify before they become either students or Nigerians?

    What exactly does ASUU want?

    Of course, it is the same old argument why fees cannot be charged for tuition; why the government must continue to subsidise the cost of accommodation even when some students openly sell their hostel lots for triple the official price while university administrators struggle to find the funds to keep minimal services in the hostels running.

    For me, it is hard to imagine – in a world where 10-year olds are not only known to operate bank accounts but are already being systematically inoculated into the world of consumer credit –that our own undergraduates, are being outed from financial services because their teachers consider the conditions as too ‘stiff; or that because the future for which they are being prepared are such that offer them no guarantees that loans taken will ever be repaid, they might as well forgo the opportunities that the current initiative offers!

    Talk of the same old but wearisome arguments in which the government is expected to continue to play the Santa Claus. A sobering reality, as sure as day, beckons!

  • Saving local council administration

    Saving local council administration

    The crisis rocking the Benue State local governments following the suspension of the chairmen and councilors elected during the tenure of former governor, Samuel Ortom, brings to the fore the tenuous constitutional protection of local council administration in Nigeria. While the new governor, Rev Fr. Hyacinth Alia, is the latest culprit or victim depending on which divide a commentator is, his predecessors across the country have experienced similar quandary.

    The crisis is usually more pronounced when a state administration transits from one political party to another. And the script is usually the same. A poor performing state governor would continue to wobble and fumble until the twilight of the administration, when it conducts a sham local government election, which gleefully returns 100% percent of his party members as winners. Of course, with the sole purpose of putting party henchmen in power at the local councils to help the party win the next election. 

    It happened in Ekiti, Oyo, Ondo, Osun and several other states, and the outcomes have been the same. The next governor sometimes with the state legislature as a camouflage, will issue “a decree” nullifying the election of the chairmen and councilors. On their part, the unlawfully removed chairmen and councilors approach the court which inevitably declare their removal as such, and order payment of all financial entitlements by the state. While the culprit/victim governor demurs to pay during his tenure, inevitably the sacked chairmen and councilors are paid for work not done.

    The above scenario has happened again and again in many states, and will continue unless Nigerians decide whether they want the local government administration as a third-tier of government or a sub-state government. If Nigerians want the local council as a third-tier of government, as awkward as it may seem to ultra-federalists, then there is need for a constitutional amendment. On the other hand, if the majority prefers it a sub-state administration platform, the councils should be made so, by the constitution.

    The current hybrid arrangement is seriously affecting development at the grass root, and engendering waste of public resources. Interestingly, President Bola Ahmed Tinubu while inaugurating the Council of State, implored the state governors to work with the local councils to bring rapid development to Nigerians. Perhaps, President Tinubu was using Lagos State, where stability in transitions have made local councils model development partners to the state government, as yardstick. Whether what worked for Lagos will work where there are cantankerous transitions is something of worry about.

    Unfortunately, the makers of the 1999 constitution failed to provide adequate constitutional protection for the democratic tenure of local government chairmen and councillors. Perhaps, if the Tinubu administration can build the necessary consensus, the first thing to do is to amend the 1999 Constitution, and provide in details, the security of tenure and electoral cycles, as well as legislative spheres for local council administration. The current provision is inchoate and inadequate and leaves room for the temptation and manoeuvres by state governors.

    Section 7(1) of the constitution merely provides: “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.” Of note, section 8 merely entrenched the lopsided creation of local councils, by making it difficult for states to create more local government as they wish.

    With section 7(6)(a) providing: “the National Assembly shall make provisions for statutory allocation of public revenue to local government councils in the federation” and (b) the state House of Assembly of a state shall make provisions for statutory allocation of public revenue to local government councils within the state” the local administration is a hybrid dependent of both federal and state governments.          

    Section 7(5) of the constitution provides: “The functions to be conferred by Law upon local government council shall include those set out in the Fourth Schedule to this constitution.” The Fourth Schedule goes ahead to provide spheres of economic activities which ordinarily should economically sustain the local government councils, if the states allow them to be fully in charge. Among the economic activities include collection of rates for radio and television licenses; establishment, maintenance and regulation of slaughter houses, … markets, motor parks and public conveniences.

    The schedule further provides for provision and maintenance of … sewage and refuse disposal; registration of all births, deaths and marriages; assessment of privately owned houses or tenements for the purpose of levying such rates as may be prescribed by the Houses of Assembly of a state; and control and regulation of out-door advertising and hoarding, shops and kiosks, restaurants, bakeries and other places for sale of food to the public, laundries and licensing, regulation and control of the sale of liquor.

    From the above provisions, there is enough economic activities for the local government councils, but the state governments don’t allow them to be in charge. Unfortunately, the draftsmen of the 1999 constitution did a poor job drafting Section 7 and the Fourth Schedule, such that there is perpetual confusion as to the legislative authority of the local government councils to make necessary regulations to give effect to those areas of economic activity listed in the schedule to the constitution.

    To further compound the challenges facing the local government councils, Section 4 of the constitution which provides for the legislative powers of the Federal Republic of Nigeria, failed to recognize the local government council as having legislative oversight, in the manner the National Assembly and state House of Assembly have their areas of legislative authority substantially delineated. To make matters worse for the local government councils, most state governments organize sham elections which throw up incompetent persons as chairmen and councilors, who remain tied to the apron string of their benefactors.

    State governors who are grossly incompetent turn local government to revenue sharing centres instead of an economic and political tier of governance. Governors who are innately corrupt, turn the chairmen and councillors to mere Bureau de Change. Such that once the allocation from the federation account is received, the governors take a large chunk of the fund, and compel the council chairman to sign relevant documents retiring the money received. The chairman and his councillors in turn merely pay salaries and share whatever is left.

    The above tragic scenario has been severally cited by the Economic and Financial Crimes Commission (EFCC), in the several trials of state governors and local council officials for corrupt practices. Going forward, can the government of President Bola Ahmed Tinubu make a difference in the debilitating underdevelopment of local government councils, despite the huge resources and potentials available at that level of governance?