Category: Wednesday

  • Nigeria’s ‘me too’ protests

    Nigeria’s ‘me too’ protests

    If you follow the headlines and social media chatter, by tomorrow Nigeria should be a heaving cauldron of rage. Promoters of nationwide protests are promising ‘10 Days of Rage.’ One of the groups led by veteran agitator Omoyele Sowore that has identified with the action has ‘Revolution Now!’ as its rallying cry.

    By every definition, revolution suggests a violent overthrow of the existing order. Equally, the promise of rage from mobs of the people, directed at those in authority is ominous. Little wonder that the government is taking the threats seriously. It is mobilising as if war is imminent. Everyone from governors to ministers and sundry supporters of the administration have been preaching peace – trying to talk would-be protesters out of their proposed action.

    It’s fast turning into a typical Nigerian farce. While anti-government protesters are frothing at the gills with righteous rage over the cost of living crisis, supporters of the administration who argue that the protests are just another political ploy of frustrated election losers to secure regime change by any means necessary, are equally mobilising to have their say. It could just turn out to be 10 days of duelling rallies.

    Since the beginning of the year discontent has been bubbling under the surface as food and petrol prices spiked. The long drawn process of negotiating a new minimum wage  – with a brief labour strike thrown in to spice things up – deepened that air of tension.

    But much as the raw materials for agitation have been present locally, this protest is far from original – with most of those backing it admitting to receiving inspiration from the recent violent uprising in Kenya. Those protests left parts of central Nairobi in ruins, with 40 dead and the country in shock over what had just played out. The youthful protesters could claim a victory of sorts after President William Ruto withdrew the contentious Financial Bill which came with myriad taxes.

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    For Nigeria, there are parallels to the situation in Kenya. Ruto took office in 2022 following a bitter election battle in which his predecessor didn’t back him. On his very first day in office, he scrapped the country’s age-long petrol subsidies – triggering fierce criticism as prices spiked. This mirrors President Bola Tinubu’s journey. He, too, emerged after an ugly electoral battle which his rivals fought up to the Supreme Court. He announced the end of fuel subsidies at his inauguration and floated the naira. What followed was raging inflation that has so far defied a myriad of interventions.

    For those who are ever ready to copy the latest fads in other countries as panacea for Nigeria, the Kenyan example looked attractive given the president’s quick capitulation on the Financial Bill. But after the smoke cleared and the hotheads had a chance to review the wreckage, it was debatable what the riots achieved. One of most notable enhancers of the protests, parliamentarian George Ndung’u was forced to issue a craven apology for his role in the crisis after seeing the consequences of what he had fanned.

    For those who are so gung-ho about protests, the assumption is that they can bring about much that is good. Unfortunately, beyond venting and being a channel for people to let out their frustrations, they don’t achieve much. After the burning, maiming and killings, Kenya hasn’t become heaven just because someone set a part of parliament on fire. You then have to wonder whether somebody’s proposed ‘10 days of rage’ would bring the price of rice down to N18,000 or a litre of petrol to N180.

    The presumption is that the president and other leaders at different levels are so oblivious of happenings in the country that they require nationwide protests whose eventual outcomes are unknown, to wake them up or force them to work miracles they’ve been unwilling to produce until now.

    One of the key weaknesses of the protest supposed to start tomorrow is the woolly way in which it is conceived. Officially, it is tagged the #EndBadGovernance protests. But what constitutes good or bad governance? A shopping list that has been floating around on social media has among other things the return of fuel subsidy and release of IPOB leader Nnamdi Kanu as demands. This is the same subsidy that all presidential candidates at the last election committed to remove.

    For some naive souls who will join themselves to the protests, it is supposedly about hunger. But the nebulous demand for an end to ‘bad governance’ plays into the hands of those who insist that it is the latest political chess move by embittered election losers.

    One of the clear lessons of the #EndSARS protests is that it had a clear, achievable goal that was captured in its name. For as long as the focus remained on police brutality and terminating the Special Anti Robbery Squad (SARS), the agitation went swimmingly.

    The government quickly capitulated and scrapped the unit. But the organisers didn’t know when they had won. Instead of moving on they began tacking on new demands in the giddy and vain belief that their newly-discovered street power was all-conquering. It was overreach that played into the hands of the authorities.

    Unlike the Buhari regime which initially responded in a lackadaisical manner to the #EndSARS crisis in Lagos, the Bola Tinubu administration isn’t taking things for granted. That certainly comes from experiencing at first hand how quickly an out-of-control protest nearly brought the country’s commercial nerve centre to its knees. The scars are still fresh. Many of the facilities that were razed by protesters still out of commission.

    Given that no price can be put on human life, the discourse in the aftermath largely revolved around whether there were killings at the Lekki Toll Gate. Everyone has their own version of what happened at that location on that sad night. What didn’t become cause celebre are the killings that happened elsewhere. Policemen were murdered, their stations razed. Prisons were forced open and dangerous criminals let loose. Most of those escapees are roaming free, wreaking havoc till this day. No one can forget the haunting images of scores of newly-bought BRT buses casually burnt in the name of rage.

    No one who lived through that episode would take the threat of a similar protest by faceless organisers lightly. Wisely, the government has acknowledged the right of those who have been hurt by its policies to protest. Where there is a departure is that those who are quick to parrot constitutional guarantees of freedom of assembly are not so fast to state that the rights of protesters don’t supersede those of other Nigerians who want to get on with their lives, or to get to their work place in peace.

    Given our past experiences, none of these organisers can guarantee things won’t spiral out of control, or that their protesters won’t be hijacked by other forces.

    The country is at a critical juncture. President Tinubu’s reform may have had a bruising effect, but he has also made an effort to provide relief. They are by no means enough. But the charitable must admit that he’s only had a year to do the job. His critics expect him to perform transformational magic in that time.

    He is supposed to banish fuel scarcity that has plagued the country since the 70s in 13 months. From 1999 to 2023, billions of naira were ploughed into turnaround maintenance of the nation’s refineries, yet none is working as of date. Tinubu is supposed to simply lay hands on them and they miraculously come back to life.

    Most of the so-called demands of the protesters are things that only a military dictator can deliver. The president on his own cannot amend the constitution or restructure the country without the National Assembly. The release of Kanu is matter complicated by many court cases. It’s pointless discussing some other ridiculous demands which only confirm that those who wrote them have been spending too much time watching TV talking heads.

    So would Nigeria go up in flames tomorrow as some fear? I doubt it very much. A damp squib would be delivered because those driving these ‘me too’ protests are not clear as to what they expect out of this action. They are keen to start something but have no exit strategy. Like those who came before them with #EndSARS they will soon discover that rage has its uses, but it can also be badly abused; and good governance goes beyond conjuring another trendy hashtag. Hopefully rage will give way to constructive engagement.

  • Tinubu’s adversaries and the planned protests

    Tinubu’s adversaries and the planned protests

    President Bola Ahmed Tinubu is an unparalleled target and survivor of character assassination, political intrigues, negative social and mainstream media, and adversaries of all shades. We have watched him wade through them all as Governor, as National Leader of his political party, as Presidential Candidate of the All Progressives Congress, and as the eventual winner of the 2023 presidential election. Even after he was rightly declared winner by the Independent National Electoral Commission, his victory was litigated not only in Nigeria but even in the United States. There were protests. There were calls for an interim government. And there were calls for the Army to take over! He survived them all. But the onslaught has continued from the day of his inauguration till today.

    There have been two major external and some internal adversaries since the formation of his government. The internal adversaries consist of various overlapping groups. There are those who are there not for you and me but for themselves. These are political appointees and civil servants, who make transactions of official duties by engaging in under-the-table dealings, including outright corruption. There are others, who are just under-performers. They include some civil servants, some ministers, and other top government officials, who simply should not have been appointed to their positions. These appointees are candidates for cabinet reshuffle by midterm. And they are not few. I have reviewed various lists of “performing” appointees of this government. Not one has been able to name over a dozen out of 50 or more top appointees. By the way, not one ever listed the Secretary to the Government of the Federation as a performer! That is the official who should drive the Center of Government. The contrast with Tinubu’s high performing cabinet as Governor of Lagos state could not be starker.

    While the internal adversaries are less transparent, the external adversaries are more sinister, although some are more visible than others. Political opponents, mainly top election losers, are the most vociferous adversaries. Their duty as the opposition is similar in some ways to that of the press, namely, to hold the government accountable. But, unlike the press, they have a duty to propose alternatives, where they oppose the government’s policies. Unfortunately, Tinubu has an opposition that is determined to destabilise his government, rather than propose their own agenda. What really spells danger in their work is not so much what the opposition leaders say but what they leave unsaid to their supporters, who are spread across the globe, especially in cyberspace. Some of them live on social media, spreading misinformation and conspiracy theories.

    Read Also: Police Commission begs Nigerians to shun protest

    A second group of external adversaries consists of profiteers from fuel subsidy and foreign exchange speculation. These are people who lost out as a result of Tinubu’s removal of fuel subsidy and the unification of the exchange market. To be sure, the two policies have driven a hitherto unhealthy economy into the Intensive Care Unit. While the activities of fuel subsidy profiteers are difficult to control, because they operate outside government regulations, the Governor of the Central Bank, Dr. Yemi Cardoso, has maximised efforts to control foreign exchange speculators, ranging from commercial banks to Bureau de Change operators. Nevertheless, the sinister activities of this group of adversaries continue to make cure impossible for an economy in the emergency room. For example, as recently as Monday, July 29, 2024, the International Police Organisation (INTERPOL) revealed that “hundreds of thousands of dollars” are being laundered out of Nigeria across the world every hour (read full report in Daily Trust, July 29, 2024), despite Cardoso’s efforts. This is yet another case of Corruption fighting back as the President himself rightly anticipated.

    There is yet a third group of adversaries, which straddles the internal and external divide. They consist of state Governors, who are simultaneously members of the National Economic Council, which advises the President on economic affairs. These are the same Governors, who have been sitting on Local Government Funds and are now sitting on funds intended to cushion the negative effects of the removal of fuel subsidy and the leveling of the foreign exchange market. Besides, some of them are known to smile to the President during the day, while holding sinister meetings with forces inside and outside government that are planning to take over power in 2027. Their immediate goal is to subvert government activities one way or the other.

    Perhaps no subversion plan to date has been as elaborate as the planned 10-day protest for August 1-10. If carried out as planned, the intention of the protesters and their planners is to paralyse the economy and send it further into a tailspin. If the goal is to avoid the hardships amid rising cost of living, a dialogue with the government would have been more profitable. The labor unions learned the hard way that negotiations yielded better results than protests. The President has since signed the agreed Minimum Wage Bill into law.

    It is a misreading of President Tinubu and his government to conclude that they are gripped by fear over protests. Far from it. He himself has led or participated in protests. What he is trying to avoid is the wanton destruction of property by miscreants, which the nation witnessed during the #EndSARS protests.

    To be sure, we can only speculate about the sponsors of the August protests at this stage. What we do know for now is that a group, known ominously as TAKE IT BACK MOVEMENT, is being represented by lawyers in its interface with law enforcement agencies. We also know that many of their demands have nothing to do with hunger or hardship. They include the release of Nnamdi Kanu (whom Tinubu met in prison custody when he came into power), abrogation of the 1999 constitution, and request for Diaspora voting. Besides, one of the hashtags of the planned protests includes #DaysOfRage. Which government would see that and not take action?

    The above notwithstanding, there is still a lot the President can do to ameliorate the current hardships, even if the protests were to begin tomorrow as planned. The truth is that the hardships are real, and his policies have contributed in no small measure to them. The future he sees for positive outcomes does not matter to the people’s lived experience at the moment. Whatever the President plans to do, he needs to communicate directly with the public and not via surrogates. It is still not too late today. In conjunction with security agencies and representatives of national and zonal Governors’ forums, he needs to speak directly with the people, outlining what he has done to douse the hardships and suffering, obstacles he has encountered along the way, what he plans to do henceforth, invite the protesters for dialogue, and then wish them peaceful outings, should they still insist on protesting.

  • On the march toward devolution of powers

    On the march toward devolution of powers

    There comes a time in the life of a nation that certain momentous decisions have to be taken. But it takes decisive leadership to champion such decisions in the form of consequential policies. Notwithstanding a few missteps and a vociferous opposition, President Bola Ahmed Tinubu has been such a leader. Early in his tenure, he treaded paths that previous leaders stubbornly avoided: He removed fuel subsidy and unified the foreign exchange market.

    Unfortunately, however, saboteurs within and outside government have continued to draw back the hand of the clock on these policies, thus prolonging their negative consequences, notably, inflation soaring prices. Within government, there are leaked stories about deals and indications of poor performance, both partly aided by a weak Centre of Government and stunted periodic performance evaluation. Besides, conspicuous consumption among elected and appointed government officials at a time of economic downturn and high inflation continues to deepen trust deficit in government. Oil theft has led to reduced output, escalating the high petroleum prices following the removal of fuel subsidy.

    Worse still, the Federal Government’s efforts to cushion the hardships occasioned by the negative economic effects of fuel subsidy removal and attempts to harmonize the foreign exchange market are hardly reflected at the state level. Many state Governors repeatedly fail to distribute palliatives to needy citizens or engage in agricultural development for which they were given incentives. Inquiries from some state finance officials indicate that additional (extra-budget) funds in excess of N50 billion have gone into each state since Tinubu came to power. For example, a recent release by the Federal Ministry of Budget and Economic Planning confirmed that as much as N438.3 billion had been released to the states from a World Bank-supported intervention fund locally framed as the Nigeria Community Action for Resilience and Economic Stimulus (NG-CARES) programme.

    Unfortunately, however, protesters, largely sponsored by the opposition, have targeted President Tinubu and the Federal Government, instead of their state Governors and state governments, where the funds for ameliorating the suffering of the masses are located. Yet, few citizens know little or nothing about the funds already targeted at them for disbursement by their state governments. Citizens reside within particular local governments in their states. Yet, few (if any) knows how much money should go to their local government for development. It is the responsibility of state governments to inform their residents of available funds and to disburse such funds appropriately.

    It is the failure of state Governors to do so for over two decades that led the Tinubu government to take legal action against them. This led to the Supreme Court Judgement, which empowers the Federal Government to bypass state governments in the disbursement of LGA funds. While this may serve as a punitive measure against state Governors, who have sat on LGA funds and ignored constitutional provisions on the election of LGA Councils, it also raises the question as to whether the Supreme Court has recognised LGAs as federating units at par with states.

    It is against this background that the recent calls for the devolution of powers find their most strident resonance yet. Many believe that the unwieldy nature of the present arrangement gives room for corruption and lack of accountability. So far, the Federal Government has taken a gradualist approach in deference to certain vested interests from the same quarters that has resisted progress for their own people and for Nigeria as a whole since colonial days.

    The gradualist approach consists of piecemeal attempts to enhance the powers of state governments. Three such attempts have been made. One is the decentralisation of the rail system, which allows states or groups of states to build rail lines for local transportation or to enhance existing structures. The Lagos state government has taken advantage of this decentralisation to build its own rail lines. A second decentralisation effort focuses on the generation and distribution of electric power. States or a group of states can now embark on their own power supply project independent of the epileptic power supply.

    A third decentralisation project was discussed at a meeting between President Tinubu and state Governors in February 2024, where agreement was reached in principle on the need to create state police to enhance security at the state level. It was agreed at the meeting that the modalities would be worked out later. In furtherance of this agreement, as many as 16 states submitted reports to the National Executive Council, expressing their support for state police and calling for appropriate changes to the constitution to fast-track the process.

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    It is unclear whether the remaining 20 states have submitted similar reports to NEC. However, as of May 16, 2024, Speakers of the various Houses of Assembly in the 36 states announced their support for the establishment of state police. This means that at least the required 24 out of 36 states are ready to support a bill to that effect from the National Assembly, where only two-thirds of its members are required to pass such a bill. It would now appear that the ball is in the court of the National Assembly to make appropriate modifications to the constitution and pass on the bill for the President’s signature.

    The larger issue remains, however, as to how the relationship between the centre and the federating units would be structured. Will the federating units be the existing 36 states or some larger chunks of the federation? When and how will the exercise take place?

    Undoubtedly, the need for devolution of powers in Nigeria has been a recurrent topic of discussion since the return to democratic rule in 1999. For one thing, the 1999 constitution has far too many inconsistencies, including an excessively powerful centre, which makes states financially dependent. It also recognises a finite list of Local Government Areas, while also empowering state Houses of Assembly to create and supervise LGAs. It is even unclear what status is given to LGAs in the constitution.  Above all, it is believed that proper devolution of powers will minimise, if not eliminate, incessant separatist agitations. It all depends, however, on how the federation is structured.

    Older Nigerians, who experienced governance when there were only three (later four) regions, grew up to know two federating units, the federal government and the regions, each semi-autonomous from the others. Each region had its own constitution, flag, education system, and so on. The Western and Northern Regions had Native Authority Police but none in the Eastern Region. However, there was no Regional Police. The military centralised the entire Police Force when it first seized power in January 1966.

    It is too late in the day to go back to the regional structure. At the same time, however, the present 36-state structure is wasteful. A good starting point for federating units should be the six geopolitical zones, each of which consists of six states, except the Northwest, which has seven, and the Southeast, which has five. Each geopolitical zone should be free to decide on what to do with the states and the local governments within them. But this is a topic already too large for the present essay.

  • Before Court of Appeal is made Supreme Court

    Before Court of Appeal is made Supreme Court

    • By Jim Unah and Kizito Ochala

    In a paper titled: “Perspectives on issues of justice sector reform,” the author, Raymond Nkannebe, highlighted matters about the appointment and discipline of judicial officers, rethinking the structure, judgment enforcement, the appellate system, remuneration and welfare of judicial officers, digitisation and innovation, training and discipline of non-judicial officers, and the role of legal practitioners as germane to a robust reform of the judicature in Nigeria.

    Interestingly, all these issues were canvassed and discussed at the 2024 National Justice Summit with clear recommendations for legislative action and executive implementation, leading to constitutional amendments to reinvigorate the Judicial sector in the country and hopefully restore public trust and confidence in the judicial system.

    From Mr. Nkannebe’s account of the conversations at the summit, it is the issue of rethinking the structure of the judicature that generated many emotional outbursts that triggered a recommendation for the Court of Appeal to transmogrify into a Supreme Court of the Federal Republic of Nigeria (on most aspects of our lives).

    Unarguably, what motivated the recommendation, at the Judicial Summit, for all cases of economic and social nature (categorised by Nkannebe as trivial matters) to end in the Court of Appeal is the desire to address the problem of case over-loads or congestion of the courts up to the Supreme Court.

    There are too many cases of less importance, it has been alleged, that are allowed by the extant structure of the courts to drag on almost forever, even up to the Supreme Court; whereas, the Supreme Court ought to concentrate on special cases of constitutional nature relating to the interpretation of laws and the fine-tuning of legal principles to guide judges and justices in all jurisdictions of courtroom government in the country.

    When all such cases of less importance end up in the Court of Appeal, according to Nkannebe, the Supreme Court will be free to concentrate on important constitutional matters and “foreign policies that affect Nigeria as a sovereign entity,” just like the Supreme Court of the United States of America.

    As a consequence of the preceding, there is an ongoing debate in the community of legal pundits, scholars of jurisprudence, legal practitioners, and even Supreme Court Justices that the solution to the problem of case overload, congestion, and undue delays in the disposal of cases is to take away the right of appeal of the citizens to the Supreme Court by making the Court of Appeal the final court or the Supreme Court for cases of economic and social natures, called “trivial matters” which, however, constitute the bulk of the concerns of the citizens of Nigeria.

    The solution to the problem of case overload in the courts is to expunge Section 6 (4) (a) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, which does not allow states to create other superior courts of record apart from the State High Courts. This will allow the states of the Federation to create their High Court, Court of Appeal, and Supreme Court if they so desire, as it is in the United States of America, which we have a penchant for citing and copying.

    What is surprising is that in mundane matters, such as religious matters, there are Islamic Courts and Customary Courts which have their Courts of Appeal in states where they have jurisdiction.

    But there are no courts of appeal in economic and social issues that constitute the live-wire of citizens and the country.

    A few Court of Appeal judgments overturned by the Supreme Court will illustrate the point that it would be a colossal error to make the Court of Appeal the last court for matters that concern most parts of our lives.

    The three judgments of the Appeal Court of interest here are: (i) the Appeal Court judgment on the Plateau State Governorship election petition (ii) the Promise Mekwunye vs Emirates Airline, and (iii) the Senator Nwaoboshi vs the Economic and Financial Crimes Commission (EFCC).

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    In the last Elections in Plateau State, the candidates of the Peoples Democratic Party (PDP) won 19 State House of Assembly seats.

    However, the All Progressives Congress (APC) challenged the victory at the Election Petitions Tribunal. The Tribunal upheld the election based on the fact that the candidates were duly elected and that pre-election issues bordering on the conduct of primaries by political parties which are essentially the internal affairs of the parties; an issue already settled by the Supreme Court in a well laid down principle, that pre-election issues should not be entertained by the courts because such a practice abrogates the right of the electorates to choose their representatives and executive functionaries.

    The Supreme Court ruled against the judgment of the Court of Appeal because the qualification of candidates deriving from primary election and nomination or sponsorship is a pre-election matter over which no court has jurisdiction (Judgment by the Supreme Court on 18-3-2023 Election of Governor of Plateau State, p. 27).

    Only candidate participants of a party’s primary election have the right of action or locus standi to challenge the validity of the primary election process under Section 84 (14) of the Electoral Act 2022.

    Therefore, a political party has no right of action to question or challenge the pre-election activities of another party (Ibid. pp. 27-28).

    It is to be noted that Section 285(9) of the 1999 Constitution requires that any form of action against such election or nomination must be brought to court within 14 days from the occurrence of the event, decision or action complained about. The matter at issue occurred about 6 months before the petition was filed. Therefore, it is statute-barred and incompetent (Ibid., p. 31)

    Another concern is that the deliberate refusal of courts to follow established precedents of the Supreme Court violates the provision of the Constitution in Section 287 (1) that the decisions of the Supreme Court shall be enforced in any part of the Federation and by courts with subordinate jurisdiction to that of the Supreme Court.

    Also, the judgment of the Court of Appeal does not contain any finding that refutes the extensive finding of facts by the Tribunal concerning the order of the High Court on primary election processes (pp. 37-38). Hence, it has no power to express alternative views on the same evidence.

    It has no power to simply substitute its views on the evidence with that of the Tribunal (pp. 38-39). The

    judgment of the Tribunal delivered on 22-09-2023 that the appellant was qualified for the election of Governor and that he scored a majority of lawful votes cast is restored. The election and the return of appellant as Governor of Plateau State is hereby further upheld”.

    The second case wherein the Supreme Court nullified the ruling of the Appeal Court on grounds of failure to invoke the relevant stare decisis is the case involving one Miss Promise Mekwunye Vs Emirate Airlines. An Emirate Airline ticket had been purchased early in the year for $2,000 and some fractions for a trip back home from school during the Christmas holidays in December of the year.

    By December when Miss Mekwunye was ready to travel and presented the ticket to the Airline to join her parents and siblings for the Xmas holidays, the ticket price had soared from two thousand and some fractions of US dollars to three thousand and some fractions; with over one thousand US dollars increase and difference in fare.

    The airline fell for it and refused to honour the ticket, leaving their customer, Miss Promise Mekwunye, to be stranded at the Airport.

    The parent, Dr. Charles Mekwunye, intervened and pleaded with the Airline to honour the ticket according to the terms of service, to no avail, claiming that the Airline had no space for his daughter to travel.

    Well, Dr. Mekwunye had to buy a new ticket at the new rate of three thousand US dollars and some fractions to ensure that his daughter travelled to join the family at their country home.

    Incidentally, the new ticket was purchased from an Airline that is a subsidiary of Emirate Airlines; implying that Emirate Airlines had indirectly flown her for the same trip they had refused her on the original carrier that the first ticket was booked on.

    The Supreme Court overturned the judgment of the Court of Appeal on some significant bases. Firstly, it failed to consider the discretionary power granted to the trial Judge to award costs (pp. 242-243).

    The discretion of the trial court in awarding costs is one which the Court of Appeal ordinarily ought not to interfere with except and unless the award is manifestly excessive or too low.

    In this case, there was no basis for the interference by the Court of Appeal with the award of costs, which was within the discretionary power of the trial court and which it exercised judiciously following the event of the litigation (p. 206).

    Secondly, where general damages awarded by a trial court are within the contemplation of the parties, the Court of Appeal has no excuse to interfere with such exercise of discretion by the trial court.

    In this case, the trial court’s award of general damages was an award of compensatory damage for losses reasonably expected to arise naturally from the nature of the particular breach of contract sued for by the appellant.

    Therefore, the Court of Appeal erred when it interfered with the award. In the circumstances, the Supreme Court would interfere with the decision of the Court of Appeal (p. 203).

    This is so because the trial court had the discretion to take account of any or all expenses incurred by the appellant in awarding costs because the rules of the court permit it (p.206).

    In the final analysis, the Justices of the Supreme Court resolved the appeal in favour of the appellant and against the respondent.

    The judgment is in accord with the provisions of the Montreal Convention, 1999, and Emirates conditions of carriage, 2006. The Montreal Convention is a Treaty that provides an Exclusive Remedy: the exclusive means for recovery of damages suffered by a plaintiff in the course of international air travel and preempts all state law claims (El Al Israel Airlines, Ltd. v. T’seng, 525 U.S. 155. 161. 119 S. C 662 664 (1999).

    It is imperative to note that the Montreal Convention 1999 9 (MC99) establishes airline liability in the case of death or injury to passengers, as well as in cases of delay, damage, or loss of baggage and cargo.

    The cases of Pinnock Brothers v. Lewis & Peat Ltd. (1956) 2 All ER 866; Suisse Atlantique Societe d’Armem ent Maritime S.A. V. N.V. Rotterdamiche (1967) 1 AC 361 and the instance of Thibodeau v. Air Canada (2014 SCC 67) suffice for precedents by which the Supreme Court substantiates its judgment in favour of the appellant against the respondent.

    The third and last case to be cited here is that of Senator Nwaoboshi Vs EFCC. Senator Nwaoboshi obtained a loan from a bank to fund a particular project stated in the contract document. For some reason, the Senator used the loan to fund different projects altogether, even as all other loan obligations were still being duly performed by the Senator.

    He was reported to the Economic and Financial Crimes Commission (EFCC) for money laundering and was charged. The trial court discharged and acquitted him on the grounds that using a loan secured from a bank does not amount to money laundering.

    But the Court of Appeal upturned the judgment of the Lagos Division of the Federal High Court and jailed him for seven years without the option of a fine for a matter that was a breach of contract. Senator Nwaoboshi appealed to the Supreme Court.

    Below are the details of the case from the trial court through the Court of Appeal to the Supreme Court.

    The main allegation was that Nwaoboshi and his companies illegally acquired Guinea House, Marine Road, in Apapa, Lagos, for N8O5 million.

    Suiming Electrical Ltd transferred part of the money paid for the property on behalf of Nwaoboshi and Golden Touch Construction Project Ltd. The funds are believed to be proceeds of illicit activities of the convict (Channels).

    According to the Corruption Cases Database, “the litigation on the case enjoyed varying judgments at the various Courts. The Court of Appeal, in a unanimous decision, upturned the decision of the Federal High Court, Lagos Division which discharged and acquitted the appellant (herein a defendant).

    The Court of Appeal, ruling on the prosecution’s appeal, held that the lower court erred in dismissing the charges. The appellate court, therefore, convicted all the appellant (therein, defendants) and sentenced the appellant to 7 years imprisonment, while the second and third defendants (companies) were ordered to be wound up in line with the provisions of Section 22 of the Money Laundering Prohibition Act, 2021”.

    The Supreme Court established that Nwoboshi legitimately secured a loan and properly serviced the loan.

    Furthermore, the court affirmed that once a loan is credited into an individual’s account, it becomes their own money, and they cannot be accused of fraudulent conversion. The court criticized the EFCC for meddling in civil transactions and stated that the conviction by the Court of Appeal was unreasonable and should be set aside (Leadership).

    It is evident that the appellate court did not substantially examine the intricacies of the matter at issue hence, its judgment is at variance with the Federal High Court and the Supreme Court. It is an indication of suspected extra-judicial motivations. Grievously, the judgment of the Court of Appeal questions its competence, diminishes legal standards, smears judicial processes, and violates the fundamental rights of the appellant. Such as in this case referred may constitute severe damage deserving of compensation to the appellant. Ultimately, the judgment of the Supreme Court is remedial in the entire litigation and bears the baton of justice available to the Nigerian legal system.

    Consequences

    The critical issue to consider by all Nigerians is what would have happened if Senator Nwaoboshi had no right of appeal to the Supreme Court or if the Court of Appeal was his last court of resort. Simple -he would have languished in jail for 7 years or even died in jail for a miscarriage of justice by the Court of Appeal! Again, what would have happened to Promise Mekwunye if she had no right of appeal to the Supreme Court? She would have suffered undue harassment without remediation and severe financial loss had her matter ended in the Court of Appeal.

    Likewise, the Governor of Plateau State would have been licking his wounds from the miscarriage of justice like the 19 PDP House of Assembly candidates robbed of lawful votes from the electorates by the Court of Appeal. The 19 PDP House of Assembly candidates are suffering today because they have been denied a right of appeal to the Supreme Court as their matter has ended in the Court of Appeal. This Plateau State situation could easily snowball into a resort to self-help, insurgency, and outright anarchy.

    Unarguably, these scenarios playing out the incompetence and lack of pedigree of the justices of the Court of Appeal disqualify it, ab ignition, from acting as the last court in the socio-economic spheres of the lives of Nigerians.

    Conclusion

    Our study zeroed in and focused on the judgments of the Court of Appeal, the impression they leave the citizens with, and their perception of the law and the justice system in operation in the country. A bulk of the judgments of the Appeal Court leave much to be desired.

    There are so many embarrassing judgments that put the judicial system to public ridicule. Then, you get to hear the call to decongest the courts by making the Appeal Court the last court for the overwhelming majority of cases affecting ordinary citizens.

    The Plateau State Governorship and State House of Assembly election cases, the Mekwunye Vs Emirate Airlines, the Nwaoboshi Vs EFCC, and many others too numerous to inventory do not warrant the call for making the Court of Appeal – to miraculously transform into the last court for the majority of matters affecting the majority of Nigerians.

    There should be a High court for each state of the Federation, a Court of Appeal, and a Supreme Court, in addition to the Federal Appeal Court and the Federal Supreme Court to reassure Nigerians that there is a safe judicial system to enable the dispensation of justice to ordinary citizens of the country.

    Making the Court of Appeal the final court in economic and social matters should not be considered at all.

    •Unah, PhD, FNAL, is a distinguished professor of philosophy at the University of Lagos.

    •Ochala, PhD, is a lecturer in the Department of Philosophy, Dennis Osadebay University, Asaba.

  • Cut 50% ‘Salary, Allowances, Perks, Pensions’ SAPP

    Cut 50% ‘Salary, Allowances, Perks, Pensions’ SAPP

    Since 1999 most Nigerians have called out the immoral unsustainable ‘but illegally legal’ high cost of financially and materially supporting and accommodating [s]elected, apparently deaf, officials in governance. The protest is because Nigerians in every people’s beer parlour debate club court, and ‘free readers association’ at newsstands have identified that their increasing suffering and poverty is directly precipitated by the huge greed, unchecked kleptomania, outright massive theft, professional financial mismanagement, redeployment of known financial-thieves-in-political-office and ludicrously outrageous spending style of those in-and-around governance especially the conspicuous consumption of constituency project funds and media frenzy ‘grandiose personal donations’ of Other People’s Money [citizens’ money] to communities. Could first ladies become financial patron to thousands of orphanages and physically challenged NGOs and not only First Lady NGOs?

    Nigerians know it is their money or goods merely being returned to them so why do they have to ‘Thank Governors, NASS members or government’ for such misnamed generosity and gifts? Nothing is from the ‘donor’s’ personal pockets. These cumulative financial travesties of human rights inflicted on the ‘common wealth’ have devalued our currency and living standards. The link between increased government greed and increasing poverty and needs of citizens is ‘Nigeria’s political curse’. Citizens are overburdened by the excesses of politics both in structure – two houses,  senate and House of Representatives, where only one would do – and in political personnel with their hornet swarm of ‘multi-layered ‘jobs for the loyal aides and special advisors’, buzzing around in federal and state feeding frenzy. These have burdened every Nigerian and are a ‘dirty slap in the face’ insult to poor Nigerians struggling to feed families.  The burden is the extravagant lifestyle, ‘Salary, Allowances, Perks & Pension’ of the Nigerian political class SAPPing Nigeria dry.

    To this we must add the ludicrous cost of elections which now include the irresponsible cost of presidential candidacy forms being sold for an unbelievable N100,000,000 in some parties with proportionately lower fees for other offices. Politicians who imposed this cost should shamefully know that this fee precipitated a further fall in the respect for and value of the naira starting with kidnappers, maybe foreign, who the very next week started to demand N100,000,000 for their victims’ release. See the connection. Political big living influences terrorists as well creating an unrealistically high cost of freedom.

    The problem with such presidential form charges is that all election costs with generous interest may be retrieved by the election winning party through bogus components of inflated or fictitious contracts. ‘Election Expenses Recovery’ is an unwritten cost of any government imposed on the budget. Following successful removal of such funds [+undisclosed interest or charges] there is a drive to fill an election war chest, merely a palatable name for just another politically criminal corrupt enterprise placed on the back of Nigerians. Nothing is free in politics, but politicians pay for nothing they spend, the people do.

    Read Also: ‘Give me more time’ – Tinubu begs Nigerians

    Every kobo spent on politics comes from the people’s pocket, directly through their budget allocations to NASS etcetera or indirectly, by theft and corruption. It is that way for all capitalistic businesses selling products. They run on the eternal capitalist economic primary principle that the sale of the product to the people yields money which eventually pays for the product and the emoluments of employees guaranteeing the manufacturing process. In this case, the product is the, up till now, very illusive good governance. The manufacturing process of that good governance is the dysfunctional and unnecessarily expensive practice of politics. The management and staff are employees and are politicians and civil servants receiving excessive and often secretive perks. The problem is that the cost of producing the product good governance is now clearly far too high compared to the poor quality and quantity of  good governance the very elusive  ‘dividends of democratic politics’. Indeed, most Nigerians would call the product of Nigerian politics a very fake product for which our poor country is paying a wrong premium price. 

    The non-political party majority of Nigerians demand that the poorly produced product be improved and the cost of production be reduced. The example of Kenya should remind all politicians of some of the consequences in some societies of rubbishing the people you offer an unfinished, inferior or fake product to. Nigerians are not mumu, just pathologically patient with serial political fiscal failures and criminality.

    These legitimate demands to scale back a cavernous political and official avarice, devouring poor Nigeria, are finally partly being met by an overdue ‘50% reduction on some few politicians’ salaries’  insultingly for six months, not even ‘six months with an option of renewal’ if the economy and naira value remains poor. But this, announced with sound and fury, is an annoyingly hollow gesture marginally reducing the cost of politics. ‘Immediate implementation of 50% of salary cut, allowances, perks, pension’, forever, would have been a significant contribution to calming the public while reducing the cost of politics and demonstrating remorse for past kleptomania and recklessness with ‘Other People’s Money’ -the ‘opium of politics’.  To survive, Nigeria needs more than gestures. ‘50% of salary’ is not a gesture.

    And 50% of multiple millions each is not a sacrifice, it is PAY PARITY CORRECTION’ for immoral, financial and economic crime, overpayment to right a wrong done reinforced since 1999 against Nigeria. Worldwide politicians work within the systems salary structure, not above it and often work almost for free.

  • Nays’, Salary; Weapons; Election; Meters; Collapse

    Nays’, Salary; Weapons; Election; Meters; Collapse

    Summary: National Assembly ‘Nays’ on increasing security oversite vote – we need electronic voting; pay 1800 Unity teachers 36 months’ salary; recycle seized weapons; UK speedy political handover- a lesson; metering of oil well pumps welcome; the tragedy of the pupils’ deaths in collapsed school building.

    Congratulations to Spain and England -first and second in the Euro 2024.

    NASS voice majority says a surprising ‘nay’ against Senator Oshiomhole’s ‘Strengthening Oversight Committee Functions’ to ensure the military spend on new weaponry to face real threats. This is a huge surprise even to Senate President Godswill Akpabio who, in shock, repeated the vote and got another ‘nays have it’. The law was to prevent further corruption and diversion of funds to projects like a non-military focused university and a ‘yacht’ and funds for weapons buried in officers’ cesspools. The ‘nays have it’ NASS members should be named to explain this indictment on transparent democracy, condoning wrongdoing.  NASS is a laughing-stock, losing a transparency opportunity. Voice votes are anonymous. We have recommended for years e-voting with name related published results for accountability.

    Read Also: FG approves new measures to combat malnutrition, food insecurity in Nigeria

    NO TEACHER SALARY 36 MONTHS? This is ‘Monumental Federal Failure’. Civil Service heads must role including Directors with no cover up. How can 1,800 secondary school teachers in Unity Schools work without wages? What quality and quantity of work can they render?  The fault is with unsupervised ‘godlike’ administrators who constitute the system and was caused by incompetence of Education and Finance ministries, civil service arrogance and dereliction of duty in regard to physical transfer of files and the logistic challenges of entering data into the problem-prone corrupted or incompetent Integrated Payroll and Personnel Information System, IPPIS. This irresponsible behaviour has probably led to death, disease, desperation and depression among the 1800 teachers and their families. Certainly, persons without a salary for 36+months should be encouraged to write a book about ‘Living without a wage in Nigeria’.   

    SEIZED WEAPONS: Nigeria must recycle the N3b weapons seized by vigilant Customs, for training in marksmanship and equipping government forces. Some malevolent Nigerian citizens unintendedly gave Nigeria N3b weapons and munitions, probably our stolen money. Can they not be apprehended by following the goods movement paper trail and the money trail to and from the Turkish munitions plant where the goods were ordered, purchased, paid for and evacuated to the port? Is the Turkish government not aware or complicit? It is immoral and speaks to a lack of understanding of simple cost/benefit economics, to destroy this valuable unintended ‘gift’ when we are broke and are fighting an undeclared war on many fronts. We cannot even afford to pay the contractor for destruction of the munitions. We should find out who bought the equipment, with what money from where and which bank, and prosecute accordingly. However, we must not destroy but divert the munitions from the nefarious activities planned by the evil purchasers and instead use the munitions to service our military and paramilitary training programmes.

    UK ELECTIONS: UK election Lessons are many. ‘Instant Politics’ announced on May 22 and completed on July 4-5. No voter corruption, violence, thugs, summersault verdicts, courts of ‘wrong jurisdiction’ (wrong court, idiot!), delays and massive refurbishment costs. It was less than 18 hours from verdict-to-10 Downing Street reoccupation. Nigeria was forced by military fiat to give up the colonial inherited UK system when we managed, as usual, to bastardise it with irresponsible cross carpeting form party to party ad nauseum without the courtesy of resigning one’s parliamentary seat. This amounted to stealing the votes and dashing them to the party opposed to the majority of voters. So now we have a mutated bastardised and misinterpreted US system but can learn lessons from both.

    METERING OF OIL PUMPS: The announcement of metering of Nigeria’s 187 oil pumps is 40 years in the pipeline and repeatedly shot down and sabotaged by the usual petroleum parasites in leadership position. We pray it will be allowed to happen and to work to measure Nigeria’s oil production transparently on the minute-to-minute basis. The field oil meter reader job was dangerous and they were ‘endangered species’ where meters were available due to violence, corruption like cooking figures. Will this change with electronic controls? Well pumps should be shut down if they cannot be metered. This is the only way metering and oil production with grow, hand in hand. If this move is effective, perhaps Nigeria@2024, not petroleum manipulators, will at last, after 60+ years, be in charge of its oil production figures with foreign exchange resultant prosperity.

    SCHOOL COLLAPSE: The loss of between 16 and 22 innocent young Nigerians, merely for being attentive and going to school to learn to become part of a greater Nigeria, is a tragedy for themselves, their parents, siblings and wider family and Nigeria in general. This is especially now, when so many schools are no-go areas due to terrorism including farmers being terrorised and murdered by weaponised cow herders etc. – some 10million- are children out of school, fenced from their right to education and denied access for various reasons totally out of the control of the victims. The coming investigation will identify the cause like structural, poor cement, poor foundation, erosion, but will not bring back loved souls. Nigeria deserves a nationwide alert by National Orientation Agency, NOA and prevention, then there will be no pupil or citizens deaths to be mourned or investigated.

  • Nigeria’s food price puzzle

    Nigeria’s food price puzzle

    The image that comes to mind as the Federal Government struggles to rein in inflation is that of a cowboy battling to break in a bucking bronco: a tough, chaotic and unpredictable process. Officials leading the charge must feel a sense of frustration that all measures – orthodox and unorthodox – are only producing the most modest of effects.

    In January 2024, headline inflation in Nigeria was 29.90% – relative to a rate of 28.92% in December 2023. The latest figures from the National Bureau of Statistics (NBS) put the rate for June at 34.19%, while food inflation is racing ahead at 40.87%. There are those who dispute these numbers. One national newspaper quoted the President of the National Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), Kelvin Oye, as saying the rate was closer to 90%.

    Let’s admit that inflation is a global problem at this point and was an issue in the recent United Kingdom (UK) polls. It would be one in the United States and could have a bearing on how the November presidential elections turn out – beyond the questions around Joe Biden’s age. At 400%, it is highest right now in Venezuela. The rate in Zimbabwe is 172.2%, Argentina 89.6%, Sudan 76.1%, Turkey 50.6% and Ghana 45.4% just to mention a few.

    So, should we celebrate Nigeria’s official rate of 34.19%? Perhaps not, given that there are a few countries in Africa and elsewhere where the rate is in low single digits. But it doesn’t matter whether similar problems exist in the North Pole; people just want solutions to their day-to-day troubles with upkeep.

    The inflation rate could crash to levels that most households were used to, but that’s no guarantee that high prices are going to drop. It’s just that they stop rising at a dizzying clip. For instance, property owners who have hiked rent are unlikely to revert to old rates if inflation is tamed.

    Read Also: Wike woos Nigerians in Diaspora over infrastructural development

    Several weeks back, the Central Bank of Nigeria (CBN) tried to highlight a bit of good news. It had identified a decline in month-on-month increase for about a quarter.

    Government statistics may offer hope, still they are cold comfort to the housewife who steps into a market and feels as though consumables have been vacuumed by an unseen force. The frustration that comes from not being able to buy what you intended, the terror involved in heading home with a half-empty basket, are hard to describe.

    Government is feeling the heat; what with people baying about hardship and the opposition celebrating every new piece of bad news. At some point several months ago, President Bola Tinubu pointedly said he wouldn’t sanction food imports. He was apparently anxious about the potential impact on local agricultural output.

    After holding out for several months, the administration has executed a u-turn and rolled out a raft of measures such as removal of tariffs on a range of imported grains. Given the challenging circumstances and urgency required, the move has been fairly well received.

    But African Development Bank (AfDB) President, Akinwumi Adesina, an important voice on economic matters on the continent, wasn’t impressed. He called the latest policy depressing, warning that it could hurt local agricultural production.

    His worries are similar to those that stayed Tinubu’s hands earlier in the year and are relevant. That said, they don’t answer the question as to where local output that can produce the swift respite the country needs is to be found. Hunger is a potent political weapon that can do irreparable damage to any administration. Food inflation is fast becoming a national security issue that anarchists and sundry mischief-makers can manipulate to destabilise the country.

    There’s no shortage of theories as to why food prices have gone through the roof. One of the most popular puts it down to insecurity ravaging the nation’s food baskets. Bandits have chased people away from farms across the Northwest, whilst farmlands in large swathes of Middle-Belt states like Plateau and Benue remain unsafe for farmers due to the activities of gunmen and herders.

    In many states down South, people have abandoned farms because of faceless killers and kidnappers. With rural communities losing their innocence, local staples like garri and yams are now out of the reach of many. Would it have been better to do nothing, let the situation fester in anticipation of a miracle without a time frame? I think not. Hunger needs to be assuaged immediately.

    Another factor driving food inflation is extortion by security agencies who clog the roads with checkpoints. Farm produce in the hinterland is still relatively affordable. But there have been reports that farmers have to pay a premium to navigate the route from farm to market. It isn’t just policemen and soldiers who are involved, even local toughs have gotten in on the racket. When the protection money is added to high transportation costs and other expenses, the eventual price of food is beyond the average man in urban areas.

    I was told recently of how market cartels fix prices at extortionate levels – far above what the selling farmer asks for his produce. The activities of these middlemen is devastating and often underrated as a factor driving high prices. While the government might be leery about getting involved with pricing, it can’t just sit back and watch a greedy few manipulating things to the detriment of the larger population. The Federal Competition and Consumer Protection Commission (FCCPC) needs to investigate and intervene robustly.

    To restore food productivity to former levels, the country has to neutralise bandits, kidnappers such that farmers feel safe enough to return to their isolated plots. This won’t happen overnight given the massive landmass of the country, porous borders and ungoverned spaces. We will never have enough policemen or soldiers to protect every square meter. New security arrangements involving collaboration with local communities have to be developed. These, too, require time to conceive and implement.

    We should be heartened by fact that just as we would never have enough security agents, violent criminals would never be that many to overrun every inch of Nigeria. There’s still enough safe space to improve productivity and tackle the demand and supply conundrum. If there is sufficient supply leading to a glut, prices will crash – especially with perishable commodities. But what we’ve had so far is population explosion meets declining productivity, delivering the current perfect storm.

    A couple of days ago the government released 750 trailers laden with rice to the Federal Capital Territory (FCT) and local government areas across the country. This is just another palliative plaster that cannot heal the weeping wound. What would work is laser-like commitment to the myriad initiatives that are announced daily. We’ve heard of huge hectares being put to cultivation by federal and state governments. Niger recently launched a massive mechanised farming initiative. Southwest governors have vowed to produce food eaten in their region going forward.

    The twin hammer blows of naira devaluation and removal of fuel subsidy have had their knock on effects in terms of cost of inputs and transportation. It will take a while for adjustments to be made.

    The challenges fuelling high food price cannot be addressed in one fell swoop. There are also no easy options. While food importation looks like a risky gambit which can depress local agricultural productivity over time, it’s instructive that the government settled for a solution that isn’t open ended. Limited to an 180-day window, the measures could have the desired effect of providing sufficiency in our markets while giving room for anticipated harvests to come in the same period.

    It is expedient that the government fights escalating food prices with all its got. The average person is more concerned with quick wins like cheap food. They compare the price of basic staples like rice, garri, beans and on such basis draw conclusions as to the success or failure of administrations. Grand legacy projects are fine, but people still remember with nostalgia when a bag of rice sold for N18,000. Dealing with such basic needs first, provides the calm environment every government needs to accomplish its long term objectives.

  • Why the North needs power devolution

    Why the North needs power devolution

    It has become well known by now that the North has been a burden on Nigeria for over a century and its leaders a burden on their region since the inception of self government (see The Northern question again: Facts unknown or ignored, The Nation, June 26, 2024).

    However, there was a short period of possible grace for the North, when Sir Ahmadu Bello, the Sardauna of Sokoto, was the Premier of the Region between 1954 and 1966 (see Suleiman A Suleiman, The North in tatters, Daily Trust, July 1, 2024). Mindful of the huge gap between the North and the South at the time, Ahmadu Bello instituted various economic, educational, and political policies, aimed at putting his region on a path of development in order to catch up with the Western and Eastern Regions. During this period, agricultural boom in the North was typified by the ubiquity of groundnut pyramids in major towns just as cocoa and palm oil were rampant in the Western and Eastern Regions, respectively. I still remember visiting Premier Hotel in Ibadan in 1967, a year after it was built, and finding bowls of roasted groundnuts served freely in the reception areas and in the hotel rooms.

    Unfortunately, the military coup, which took Ahmadu Bello’s life in January 1966, put an end to the developmental strides he initiated. While cocoa and palm oil production continued till today in the South, groundnut pyramids continued to disappear in the North. The incursion of the military into governance in 1966 coincided with, and rapidly promoted, the shift in production from agriculture to oil. This shift, which was put in high gear in the 1970s and 80s, completely decimated groundnut production in the North as military leaders, mostly from the North, focused on resources from the centre, which they shared as they liked but without developing their region. As if to facilitate ready access to the centre, northern military leaders moved the seat of government from Lagos in the South to Abuja in the North. This focus on resources from the centre to the neglect of the North has continued under democratically elected northern Governors since the return to civilian rule in 1999 (see How much shame can Northern Governors endure? The Nation, July 10, 2024).

    Read Also: FG approves new measures to combat malnutrition, food insecurity in Nigeria

    If today’s Northern leaders pretend not to be aware of the backwardness of their region, credit must be given to their predecessors for displaying full awareness of the wide gap between their region and the rest of the country. In fact, one major reason Northern parliamentarians opposed Chief Anthony Enahoro’s proposal in 1953 that independence be granted in 1956 was their awareness that they lacked the resources to face the challenges of self-governance. Here’s how elder statesman, Alhaji Tanko Yakassai, once put it: “This was because as of 1953, the entire Northern Region … had only one graduate. At the same time, the South had thousands of graduates from different fields of expertise … about 90 percent of the public services manpower in the North were made up of expatriates or Nigerians from the southern part of the country” (Why North rejected Enahoro’s 1956 independence motion, The Punch, December 31, 2020).

    Incidentally, in their persistent opposition to the devolution of powers, Northern Governors and their federal legislators have been playing the same opposition script that their former leaders played against the proposal for independence. The difference is that, while their former leaders were playing for time to catch up with the South, today’s Northern politicians are opposing the devolution of powers for selfish reasons and out of fear of losing largesse from the centre.

    What they do not seem to realise, however, is that, if the devolution project goes well, they will have more access to resources than they even have now. Effective devolution involves the transfer of substantial powers, authority, and finances from the national to subnational governments. This will give more money to subnational governments and enhance their ability to source funds through tax and exploitation of natural resources within their borders (subject to the payment of agreed taxes to the national government). They also will be better placed to implement policies geared to the specific needs of their local communities. Moreover, states will be better able to defend their territories with state police, who would have better local knowledge of their environment. Such an arrangement will leave the national government primarily with defense and security, monetary and fiscal policies, social welfare, foreign relations, and overall policies on shared goals in education, agriculture, commerce, and so on.

    India, the largest democracy in the world, and the United States, the oldest presidential democracy in the world (which provided the model for Nigeria’s presidential system), are successful models for the devolution of powers and finances to subnational governments. While the devolution of powers was central to the formation of the United States from the beginning, India worked hard at it through the executive and legislative branches. And India is still working at it. But devolution had come to stay to the point that Indian states are now the ones resisting Prime Minister Narendra Modi’s attempts to interfere with the process. This would never have been possible had devolution not been initiated and taken root in India.

    This puts the burden on the Nigerian President and the legislative Houses at Federal and State levels. It is unclear what’s on the National Assembly’s agenda for constitutional review. What we do know is that the Committee in charge was given two years to complete its work, which takes the process to election season, when the President would have become a lame duck as is historically the case. This means that the time for President Ahmed Bola Tinubu to act is now. This could take the form of an executive bill and/or intense negotiations with the leadership of the National and even State Assemblies. Fortunately, such a bill is not difficult to draft, given the records of two National Conferences, focusing on the reorganisation of the country, and the January 2018 report of the el-Rufai Committee on True Federalism, which was established by the APC government in 2017.

    The bottomline is that this country cannot continue with business as usual, without some deliberate attempts to change the structure of governance at federal and state levels. One of the major reasons President Tinubu’s economic policies have been slow in effecting desired change is precisely because business is still being conducted as usual at federal and, particularly, state levels. The time to initiate change is now.

  • How much shame can Northern governors endure?

    How much shame can Northern governors endure?

    Northern Nigeria is in tatters, politically, economically and socially. Almost everywhere you turn, the news is of death, destruction and despair as if we were a rudderless and leaderless people …

    The Bank of the North building in Kano, the Turaki Ali House in Kaduna and other tall buildings erected in several northern cities and towns in the 1960s and 70s were a sky-is-the-limit statement for the future of the northern private sector. That future is here, but we might as well return to the 1960s because Sardauna’s heirs now know only to erect silly flyovers in a region where the predominant means of township travel remains the human foot.

    —Suleiman A Suleiman in The North in tatters, Daily Trust, July 1, 2024

    The living reality in Northern Nigeria is very explosive. If anyone is interested in finding the practical meaning of the Hobbesian description of life being ‘solitary, poor, nasty, brutish and short’, just look at what life is in Northern Nigeria. Indices of poverty, unemployment and inequality are beyond description. Conditions of schools and hospitals are, to say the least, depressing. The civil service, in virtually all the 19 states, is only a shadow of itself, with hardly any public service activity taking place. Our illustrious and respected traditional institutions have been devalued and reduced to a state of hopelessness. Most of our religious leaders and centres are far removed from God’s way of life. Few industries exist in the region. And on account of insecurity, agricultural activities, the mainstay of the economy of the region, is highly on the decline.

    — Salihu Mohammed Lukman, in Open letter to Northern politicians, Daily Trust, July 1, 2024

    The courage to provide a comprehensive analysis of the prevailing realities in Northern Nigeria has been a rare commodity, especially when the speakers or writers are Northerners themselves. But the two writers cited above were hardly the first to point out the Northern problems in Nigeria. At different times, but largely in passing comments, highly influential Northerners had highlighted in various ways the multiple problems besetting the North. The list includes former Governor of the Central Bank and controversial Emir of Kano, Sanusi Lamido Sanusi; former Governor of Kaduna State, Nasir el-Rufai; and Africa’s richest man, Aliko Dangote. However, none had addressed the issues as comprehensively as Suleiman and Lukman.

    But, as I pointed out two weeks ago, the Northern problems in Nigeria date back to colonial times, when the erstwhile separate Northern and Southern Protectorates were merged into a single colony in 1914 in order to use the economic and human resources from the South to sustain the North (see The Northern question again: Facts unknown or ignored, The Nation, June 26, 2024). In the last two decades, these problems have been complicated by the scourge of insecurity that continues to decimate the region’s homes and farmlands. The social, economic, and political underpinnings of the region’s backwardness today, which Northern leaders have continued to ignore, provided the basis for the scathing rebuke of the present crop of Northern leaders by Suleiman and Lukman. In the light of this rebuke, how much shame do Northern leaders wish to endure over their negligence in developing their region all these years?

    But the most critical question now is what to do to solve the Northern problems and, by so doing, solve Nigeria’s problems. What should be done to make Northern leaders look inwards, rather than to Abuja, in order to develop their region? Let’s go back again to history.

    Read Also: Minister to northern governors: rise up to electricity asset vandalization

    According to Suleiman, the glorious North existed when it was a region by itself, following the foundation laid by Sir Ahmadu Bello, the Sardauna of Sokoto, who was the Premier of Northern Region from 1954 until his assassination in a military coup on January 15, 1966. With various economic, educational, and political policies, Ahmadu Bello put his region on a path of development in order to catch up with the Western and Eastern Regions. The opposite has happened since his death.

    Hence Suleiman’s historical references in the opening quote and this one in the body of the essay: “… none of the North’s two layers of leadership – the federal government and the 19 state governors – has proven capable of reimagining in 25 years what Sardauna achieved economically for the region in 10”. Embedded in this comment is Suleiman’s rebuke of former President Muhammadu Buhari in the same essay for looking away while the North was being decimated under his watch, despite his campaign promise to unify the region. Never mind that Suleiman left out decades of military rule under Northern leadership, which did next to nothing to improve the fortunes of the region.

    An interesting takeaway from Suleiman’s reference to Sir Ahmadu Bello is the fact that there was a time in history when the North was on track for development, championed by Sir Ahmadu Bello himself. This implies that the North has lacked leadership for 25 years since the return to democracy. Perhaps Northern politicians need to be shamed some more.

    A close look at their bahaviour reveals several findings. One, each of the 19 state Governors has turned his state into a small fiefdom and then, with a few exceptions, milked the state’s resources dry. They are not bothered that, vis-à-vis the rest of the country, their state or region as a whole has the lowest literacy rate, the highest number of out-of-school children, the highest poverty rate, the highest unemployment rate, the lowest contribution to GDP, the lowest Human Development Index, and the most insecure.

    Two, the Governors allowed insecurity in their region to fester until it got mapped unto old historical wounds between Fulani and other groups, who owned the land and farms. The result is unbridled herder-farmer clashes, cattle rustling, banditry, kidnapping, and other crimes. Some of these crimes have since spread across the country.

    Three, the same Governors and insecurity have compromised possible interventions by traditional rulers in their region, who are either threatened with deposition or kidnapped.

    Urgent solutions are necessary, which will require presidential and legislative actions. But that will be the subject of another essay.

  • Tribute Poems for ‘SoyINKa@90’

    Tribute Poems for ‘SoyINKa@90’

    Poem: What’s in the name ‘SoyINKa

    W-ords  O-ften  L-eaving  E-ars,  S-eeking

    O-ther  Y-ardsticks,  IN K-nowing A-ll. END

    Poem 13-7-2024:  ‘SoyINKa’, INK KING@90

    INK runs in the SoyINKa name

    In the same vein

    A DNA prediction of wwword.fame

    A birthright nom de plume, aflame

    A profound English word embedded in a Yoruba name

    Coincidence or destined  for SoyINKa@www.fame

    A Master of the www -wordwideword

    Of the www-wisewordworld

    Of the www-worldwidewole

    A Master of the mega-thINK

    Of the computer, biro, QuINK

    Of the milito-political last to blINK

     A Master, connoisseur of wine, the drINK

    Of the age-youth lINK

    Of the prison’s bolt clINK

    A Master of the title written in Kadahar, INK

    Of the escapologist’s slINK

    Of the world Griot/Maestro interlINK       END

    Poem:  Ode to the sage – SoyINKa @90 On The World Stage

    SoyINKa, Nobel Laureate, giant among iroko trees,

    Injected SoyINK A into the meek trembling leaves

    Morally towering above the militarised intimidated forest

    Shielding earth, pregnant with a democracy harvest

    Labouring to birth a free and fair Generation Next

    Inspired by SoyINKa’s fiery worded text

    Kongi’s shadow, refuge for cowed civilians

    Dirty-slapped, earlobe gripping frog-jumped millions

    Victims of bloody milito-political crossfire,

    Making Nigeria a democracy forest funeral pyre

    Every democracy dividend

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    Costing blood, graves, voters, dead in the end

    The SoyINKa iroko, sharpened to a giant pen tip

    Writing inspired lines on oppressed lip

    Survived accusations, myriad lies

    Assassinations, armies of spies

    Melting into forests, in motorcycle flight

    Disappearing, theatrically disguised, day or night

    SoyINKa sharp words punctured military balloons

    Freeing democracy butterflies from prison cocoons 

    Each SoyINKa weightywiseword barbed sentence

    An arrowhead of struggling democracy resistance

    The Sage’s halo, white-haired crown, camouflage of calm

    A white-hot flame, a helmet against political harm

    SoyINKa’s silhouette plume which, like snowy Kilimanjaro’s peak

    And Everest, even as we speak

    Still dances on piano keys Ago-Taylor, Ebrohemi,

    and to drumbeats Mbari, Ife and www.Safari  

    Leading democracy skirmishes vs milito/civilian koboko

    Seeking to cut down our revered iroko.

    SoyINKa’s Pyrates’ gourd gurgles first gravely, then gaily

    Laughing at its cutlass admirers giggling expectantly

    SoyINKa the Pirate Poet searches brain, book

    Seeking  the lost definitive word in every dictionary nook

    SoyINKa, Corps Marshal, strapped helmet to okada head

    Strapping seatbelts across Nigeria’s chest, cutting the dead

    Does SoyINKa, Hunter, Democracy Defender, dare to sleep?

    One eye open, ear cocked, Sage’s sleep is never deep

    The hunter asleep, searches the forest for discordant sound

    Among myriad African tunes rumbling from the ground

    Hunter gunfire’s acrid smell heralds fresh-kill blood

    While tearful gas shrouds democracy’s blood-stained mud.

    SoyINKa, Freedom Fighter, without your life

    Where would we be in Africa’s perennial political strife?

    We changed MILITARISED to DE-MILITARISED ZONES

    And fight to change DEMOCRISIS to DEMOCRACY ZONES 

    Nigerian citizens have become DEMOLAZY,

    Politicians have become fiscally DEMOCRAZY

    We will never forget ‘THE (IN)COMPLETE WORKS OF WS’

    SAGE SOYINKA@90 , no less

    Going on 100, I thINK

    Enshrouded in computer clouds, today’s Kandahar INK

    New  SoyINKaesque irokos+ need continued nurture

    For Nigeria to have a rich apolitical future

    Aluta continua, Vitoria e uncerta!

    Not yet uhuru. To Nigeria be true

    Sage ‘SoyINKa’@90. THANK YOU

    And 90 Gbosas just for you, too! END