The Nation Newspaper

Category: Discourse

  • Health in interest of the public

    Health in interest of the public

    Text of the Inaugural Lecture delivered by the Provost, College of Medicine, Lagos State University Teaching Hospital, Prof Olumuyiwa Odusanya, at the ivory tower.

     

    Poliomyelitis in Nigeria

    The progress made on immunization in Nigeria has a dark spot: that of continuous transmission of poliomyelitis. The beginnings of the rejection of polio vaccine and of its unintended consequences are well known to health workers such that Nigeria exported the polio virus to several parts of Africa and the rest of the world. In 2012, Afghanistan, Nigeria and Pakistan are the only countries that remain endemic for poliomyelitis. Nigeria is the only country that is endemic for types I and III strains of the wild polio virus (WPV). As at September 2012, Nigeria had recorded 84 cases of WPV in 11 states (all in the north, Figure 6) accounting for 94% of the polio burden in the African region of WHO.25

     

    Figure 6. Nigeria Polio cases as at September 21, 2012.25

     

    The age analysis of the poliomyelitis cases shows that 74% were less than three years and over half received less than three doses of the oral polio vaccine and were susceptible to the infection (Figures 7 and 8, data from WHO Nigeria). The cooperation of all is needed if Nigeria is to become polio-free. This may be the time to focus on sanitary disposal of faeces as an additional control measure. If more sanitary facilities were to be provided, could this intervention persuade more communities to accept the vaccine?

     

    Fig 7. Age group of WPV cases Jan-Sep 2012 as at Week 38

     

     

    My Contributions to Immunization

    Sabonggida-Ora Vaccination Project

    I was privileged to commence from inception a privately sponsored community-based immunization project in Sabonggida-Ora, the headquarters of Owan West LGA, Edo State in 1997. The project was sponsored by SmithKline Beecham Biologicals as a corporate social responsibility. I had the support of two senior management staff, Dr. Vincent Ahonkhai in the USA operations and Dr. François Meurice in GSK Biologicals in Belgium. Equally important was the role of a surgeon in the area, Prof. Ewan Alufohai who was our link person on a day-to-day basis. It was my lot to gain acceptance into a hitherto unknown community to me, obtain community approval, employ staff, arrange logistics and get the programme started.

    The programme emphasis was purely service but it became a priority project and research unit. Using skills expected of a public health physician, I was able to get the programme commenced on March 27, 1998 and commissioned by the then Permanent Secretary of Edo State Ministry of Health, Dr. S. Okpaise. The programme is still running actively 14 years after.

    To my knowledge, the programme was the first to vaccinate children against DPT and Hepatitis B using a combined DPT/HB vaccine with an advantage of fewer injections for the children. Since 2009, the programme has commenced administering a combined measles, mumps and rubella vaccine. The programme managers had been committed to surveillance, data collection and conducting epidemiological surveys. The programme had received visits from the National NPI office and submits data monthly to the Local Government.

    Vaccination Coverage in Sabongidda-Ora

    At the programme onset, the full immunization coverage (measles vaccine uptake) was 43% 22 but after two years this was raised to 78%.26 The coverage of Hepatitis B (3rd dose) was 58% from a situation where it was not being administered. After eight years of service, a third survey was conducted and 61% of the children were fully immunized and yellow fever vaccine coverage was 51%.27 The significant determinants of full vaccination (measles vaccine uptake) were knowledge of mothers on immunization and the place (facility) where vaccination was administered. The trend on immunization coverage in Sabongidda-Ora is shown on Figure 9.

    In addition we have conducted immunological studies in the community. A study by Odusanya et al showed that vaccinated subjects had a significantly lower rate (P = 0.04) of Hepatitis B surface antigen (HBsAg, 1.3%) compared to the unimmunized group (4.6%).28 Furthermore, we conducted another study to investigate the efficacy of Hepatitis B Vaccine five to seven years after vaccination. The markers of infection (antibody to the hepatitis B Core antigen [anti-HBC], and HBsAg) were significantly reduced in the vaccinated group (Table 6). The vaccine effectiveness against exposure (anti-HBc) was 84.6% (95% confidence interval 77.8, 89.3%) and against infection (HBsAg) was 84.7% (95% confidence interval 68.2, 92.6%). The results showed persistence of antibodies to the surface antigen (anti-HBS) which indicates adequate protection of the vaccinated subjects.

    Table 6. Hepatitis B Vaccine Markers in Study Subjects.

    Pneumococcal vaccine trials.

    Pneumonia is the leading cause of deaths in children worldwide and kills an estimated 1.4 million children under the age of five years annually more than AIDS, malaria and tuberculosis combined. Streptococcus pneumonia is the most common cause of bacterial pneumonia. Key strategies for treating, preventing and protecting from pneumonia include case management at all levels, vaccination and control of indoor pollution.

    The 23-valent polysaccharide pneumococcal vaccine was the first vaccine against the organism but it was poorly immunogenic in infants less than 24 months of age and failed to induce an anamnestic antibody response. 32 The 7-valent pneumococcal vaccine was efficacious but did not contain serotypes 1 and 5, the major causes of invasive pneumococcal disease in Africa.33 The 10-valent pneumococcal non-typeable Haemophilus influenza protein D conjugate vaccine contains serotypes 1,5, and 7F in addition to the serotypes 4, 6B, 9V, 14, 18C , 19F and 23F available in the 7-valent vaccine.

    In conjunction with colleagues in Mali, we conducted a randomised open vaccine trial of the 10-valent conjugate vaccine when administered with other NPI vaccines to assess its immunogenicity and safety. The report showed that 97% of vaccinated subjects had antibody concentration e” 0.2ug/ml for the pneumococcal serotypes except for 6B (82%) and 23F (87%), see Table 7.34 At least 85% of subjects had opsonophagocytic activity against all serotypes. The main adverse events were fever, pain and redness. The vaccine was found to be safe, immunogenic and compatible with NPI vaccines.34 The results are consistent with findings by other researchers.35

    Table 7. IgG antibody responses (22F-ELISA) against individual pneumococcal vaccine serotypes and cross-reactive serotypes 6A and 19A (ATP immunogenicity cohort)

    NOTE. GMC, geometric mean antibody concentration; pre-vaccine, before the first vaccine dose; post-dose 3, 1 month after vaccine dose 3; N, number of subjects with available results (this number varies per time point and per serotype depending on the amount of serum available for testing).

    We have then conducted a follow up study to administer booster doses of the pneumococcal vaccine in the study group 12 months after the primary study. Previously vaccinated (primed) subjects received one dose while previously unvaccinated (unprimed) subjects received two doses of the vaccine. The results showed immunogenicity in both the primed and unprimed subjects and the adverse events were as observed in the primary study. These are very major contributions in the area of vaccines and immunology. Nigeria has now licensed both the 10 and 13-valent pneumococcal vaccines.

    IV. A Functional Health System for the Public (Restoring the Health of the Public)

    The six building blocks of the health system have a common goal: that of improving health. Health systems particularly health facilities play a central role at the secondary level of prevention; that of early diagnosis and prompt treatment.

    Service Quality

    The quality of service of a health system has a major impact on the health outcome of the population served and is crucial to the achievement of the health related millennium development goals. A well functional health service should have some key characteristics.Good service delivery is a vital element of any health system. Service delivery is a fundamental input to population health status, along with other factors, including social determinants of health. The precise organization and content of health services will differ from one country to another, but in any well-functioning health system, the network of service delivery should have the following key characteristics:

    • Comprehensiveness: A comprehensive range of health services is provided, appropriate to the needs of the target population, including preventative, curative, palliative and rehabilitative services and health promotion activities.

    • Accessibility: Services are directly and permanently accessible with no undue barriers of cost, language, culture, or geography. Health services are close to the people, with a routine point of entry to the service network at primary care level (not at the specialist or hospital level). Services may be provided in the home, the community, the workplace, or health facilities as appropriate.

    • Coverage: Service delivery is designed so that all people in a defined target population are covered, i.e. the sick and the healthy, all income groups and all social groups.

    • Continuity: Service delivery is organized to provide an individual with continuity of care across the network of services, health conditions, levels of care, and over the life-cycle.

    • Quality: Health services are of high quality, i.e. they are effective, safe, centred on the patient’s needs and given in a timely fashion.

    • Person-centredness: Services are organized around the person, not the disease or the financing. Users perceive health services to be responsive and acceptable to them. There is participation from the target population in service delivery design and assessment. People are partners in their own health care.

    • Coordination: Local area health service networks are actively coordinated, across types of provider, types of care, levels of service delivery, and for both routine and emergency preparedness. The patient’s primary care provider facilitates the route through the needed services, and works in collaboration with other levels and types of provider. Coordination also takes place with other sectors (e.g. social services) and partners (e.g. community organizations).

    • Accountability and efficiency: Health services are well managed so as to achieve the core elements described above with a minimum wastage of resources. Managers are allocated the necessary authority to achieve planned objectives and held accountable for overall performance and results. Assessment includes appropriate mechanisms for the participation of the target population and civil society.

  • ‘Time to stop paying lip-service to leadership’

    ‘Time to stop paying lip-service to leadership’

    Text of an address delivered by Sultan of Sokoto, Alhaji Sa’ad  Abubakar at the convocation of Igbinedion University, Okada, Edo State.

     

    I wish, on behalf of my fellow honorees, to extend our profound and deep appreciation to the Board of Regents, Council and Senate and indeed to the entire University Community, for the recognition accorded to us and the honour conferred on us this afternoon. We feel highly delighted. Our special thanks go to the founder and proprietor of this great institution, Chief [Dr.] Gabriel O. Igbinedion, CFR, the Esama of Benin, for his vision and pioneering effort in establishing the first private university in Nigeria. It has been a noble, courageous and strategic undertaking which left a permanent imprint on Nigeria’s educational landscape and contributed immensely to the socio-economic development of our people. The history of education in Nigeria shall never be complete without the honorable mention of Chief [Dr] Gabriel O. Igbinedion, the Esama of Benin.

    It is also fit and appropriate to congratulate the Vice-Chancellor, the University Management, Staff and Students, for their hard work, perseverance, and determination in transforming this pioneer institution into the centre of excellence that it is. This excellence is evidently manifest in the quality of its graduates, the creativity and relevance of its academic programs and the diversity and inclusiveness of its governance structures. The university has demonstrated, beyond doubt, the universality of knowledge and indeed the unity in diversity of Nigeria. The distinguished list of honorees at this occasion also bears testimony to this great quality. Honored here today was the former President of Ghana, His Excellency John Kufuor, a distinguished statesman and an accomplished political leader, who added both value and depth to Ghana’s democracy and socio-political development. We have on the list Alhaji Dikko Inde Abdullahi, the indefatigable Comptroller-General of Customs, and an astute administrator who brought vision, efficiency and purpose to the Customs Service. On this distinguished list is His Excellency Alhaji Abubakar Audu, the former governor of Kogi State who worked tirelessly for the educational transformation of his state. From the Organized Private Sector, we have Dr. Anthony Edoghogho, Chairman/Managing Director, Nosak Group of Companies; and from the legal profession, is the Benin based legal luminary, Chief (Sir) Alfred O. Eghobamein SAN, both of whom generously contributed not only to their chosen professions but also to the socio-economic development of our country.

    Your Excellencies, members of the university community, our distinguished guests, permit me to state that the quality of our leadership and governance and indeed of our national development, is a direct reflection of the quality of our University System. Our universities provide us not only with the critical manpower we require as a nation but they also bequeath us with the leaders who are expected to manage every stratum of state and society. This is indeed an onerous responsibility which must be discharged seriously and conscientiously. We must realize that our universities are our greatest national asset. We can neglect them only at our own peril. It is therefore imperative for us to endow our younger generations with the best knowledge and skills not only to realize their full potential as bona fide citizens of West Africa but also to take their pride of place in a globalized and competitive world and make us all proud. Our success lies not in reminiscing in the good times and great opportunities we had, but in ensuring that succeeding generations are better equipped to face the challenges of the future and to manage change more effectively.

    But distinguished ladies and gentlemen, how hopeful are we in achieving these noble objectives when the level of national investment in this critical sector remains inadequate and unsatisfactory? How can we aspire to achieving greatness in Science and Technology when many of our laboratories, especially in public universities, still subsist on outdated and outmoded equipment purchased in the 1960s and 1970s? How can we extend the frontiers of knowledge when our investment and engagement in research remains a marginal activity in our university system? How can we expect the younger generations to take up the challenges of leadership when we pay lip-service to character building and leadership development and in many instances, serve as the cause of their degeneration?

    Your Excellencies, it is a matter of great importance for us to begin a serious and concerted reform of our higher education sector and refocus it to safeguard the strategic goals of the nation and to protect its future. States and the Federal Government would need to rise to the challenge and raise the requisite financial resources that would make a real difference to the system. There is also the urgent need to improve organizational effectiveness, build capacity of lecturers and managers and put in place a robust regulatory framework. We can also not relent in calling upon the private sector to play its rightful role in the resuscitation of higher education in Nigeria. We must endeavor to incentivize corporate giving and build effective and meaningful partnership between universities and the private sector. Wealthy individuals and major corporations should also be encouraged to establish specialized colleges and universities where and when it is feasible and beneficial to do so.

    Your Excellencies, the time has also come for us to stop paying lip-service to leadership development in our tertiary institutions. We are a nation of rich cultural and religious values and we must strive to impart these values to our younger generations. We must endeavor to shore up the moral capital of our young such that they could make the critical choices of our national life with courage and confidence and in the firm belief that the choices they make are in the best interest of the country. It is a belief that I have held for many years that what has come to be called the Nigerian Factor could be regenerated to have a positive moral value which could serve as the driving force that could propel us to distinction and greatness.

    Finally, may I crave your indulgence to state that no nation can develop, educationally and otherwise, in a state of insecurity and Nigeria cannot be an exception. The current spate of ethno-religious crises, armed banditry as well as terrorist insurgencies can never advance the cause of development in Nigeria. We must put a stop to this wanton destruction and recklessness. Our developmental goals and community and interfaith relations must never be determined by the extremists amongst us. It is therefore, imperative for all well-meaning Nigerians to come together and work together to address the daunting challenges facing our societies. The pain of anyone of us must be a shared pain that should concern all of us regardless of creed or ethnic origin. The happiness of anyone of us should be a shared happiness, celebrated by all. Nigeria and Nigerians deserve no less.

    With these words, we once again thank you immensely for this great honour. I assure you, on behalf of my fellow honorees that we will strive to live up to expectations as members of the Igbinedion University family and to exert our best to see to the advancement of this great institution.

    Wassalam alaikum

     

  • The challenge of change

    The challenge of change

    •Continued from yesterday

    Further to these have been the jumpstarting of industrial development through the establishment of technology parks for small and medium-scale enterprises; urban renewal; the creation of micro-credit facilities; development of the agro-allied and solid minerals sectors; and massive investments in the tourism corridor.

    It’s still the structure, stupid!

    Yet, we still face fundamental odds. The structural deformities of the Nigerian federation have circumscribed many of the possibilities of our state, and many other states in Nigeria and the country as a whole. Both local and international observers have described Nigeria as an “embarrassment of riches,” both in human and materials terms. Why then is the Nigeria state in such a wobbly state and why are the citizens of the country trapped in such disappointing socio-economic and political realities? What could be done to bring about sustainable change at the national-state level?

    It is difficult, if not impossible to sustain good governance at the national level in Nigeria because of the structural fatalities that I have mentioned earlier. The over-concentration of powers in the Federal centre must give way to devolution and decentralisation of power and authority. Therefore, a critical fundamental political restructuring of the Nigerian federation is an unavoidable step that must be taken to generate the basis for the creation and sustenance of a participatory, consensus-oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive national governance and one that is based on the rule of law. I am convinced that this can, and will definitely, happen in Nigeria at some point in the near future.

    Nigeria is a deeply divided, but immensely blessed and potentially great country. Why Nigerians and foreigners are often focussed on the deep divisions, little is said, for the most account, on our immense assets and potentials. What Nigerians need to do is to use our immense blessings, both human and natural, and transform our potential greatness into real greatness, in order to reduce our deep divisions and enhance or strengthen our unity. The two steps I have elaborated above are critical in doing this. There must be a fundamental political transformation of Nigeria; then, good governance must become the underlying basis of political power. With these, I believe that the question of deepening democracy and enhancing development would be largely resolved. Nigeria cannot achieve this without a national resolution by Nigerians to come together as one people with a common destiny.

    The true representatives of the various parts of Nigeria last met between September and October 1958 to agree on the ways in which the federation should be constituted. This was during the last round of the Constitutional Conferences preceding independence. Since then, neither the military regimes nor the civilian governments at the centre have allowed the Nigerian people to come together democratically and in all their diversity, to re-determine their common fate. Those at the centre of power in Nigeria have become so terrified about change that they have foreclosed the possibility of a national dialogue. Fifty years after independence and against the backdrop of the unrelenting inter-ethnic and inter-faith bloodletting, after five decades of abysmal leadership at the federal level – which has turned a country which was regarded at independence as the hope of Africa into what Eghosa Osaghae describes succinctly as the “crippled giant” – there is the need for a new national togetherness that will re-authorise the federal union and re-energise Nigeria.

    Those who are clamouring for this kind of change are fundamentally concerned with how to create a country that is strong, stable and liveable, one that is diverse but united, and one which, through good governance, ensures life more abundant for all. Such a good life that is provided by good governance is neither bound to ethnicity, nor to religious affiliation. In the Nigeria that we seek to re-create, our divisions will not be the parameters of our oneness and common humanity; rather, our oneness and common humanity will be the basis of resolving our divisions. We seek to create a country in which all Nigerians will have the confidence that when they lose, they have lost fairly; and that when they win, they have won equitably. It is the absence of this seemingly simple logic of national togetherness – one that is participatory, consensus-oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and one that is based on the rule of law – that has been the frustration of most Nigerians. From the insurgency in the Niger Delta to the extremisms in the far north, justice, equity and fairness can be used as the mechanisms of preserving and consolidating Nigeria’s national unity.

    While the fundamental restructuring of the Nigeria State will address key questions of political transformation, such issues as the writing of a people’s constitution and the question of constitutional governance, the fundamental precepts or authorising principles of national togetherness, citizenship and the nationality question, the political economy of federalism, including the raising, sharing and spending of public revenue, human rights, justice and equity, the nature of the autonomy of the constituent parts vis-a-vis the centre, the recognition and protection of minority rights, and such other fundamental questions; good governance is geared towards resolving the questions of social and economic reconstruction, electoral reform, strengthening of legislative oversight, security sector governance, social security, public sector reform, privatization, gender equality, and other such issues. The dynamism and vitality or vivacity of the Nigerian people, the diversity and beauty of our climate and land, Nigerians’ passionate and unsurpassable nationalism when the Super Eagles are playing against other national teams, and the astonishing good sense that even our much-maligned national elite exercises every time Nigeria faces an outrageous conflict that threatens to terminate the country as a corporate entity, all convince me that Nigeria, in the course of time, will rise to match her manifest destiny.

    Conclusion

    As I said at my inaugural address in October 2010, it is possible. Positive change is possible in Nigeria. There are many change agents who are devoted to ensure the legitimacy and responsiveness of the State, the deepening and expansion of democracy, good governance and national unity in Nigeria. These change agents are not only in the civil society. We also have them in the political society and the State. There are many challenges that these change agents face, but most of us, and I count myself among them, are undaunted.

    In Ekiti State, with massive investment in Agriculture, infrastructure, public education, social services and health, and by creating a conducive environment for private enterprise to thrive, thereby creating economic opportunities for our people and working towards expanding the middle class, and by creating synergy not only locally, but also regionally among our contiguous states and by partnering with international development agencies, we have shown that change is possible and that good governance is achievable – even in a resource challenged state. This change is not only material, but also attitudinal.

    As for my people in Isan-Ekiti, two years after, I still don’t use siren when I drive into town, and they have now embraced this as part of the best practices of good governance. Positive change is constantly beckoning on us. We only have to continue to rise up to the occasion but I urge friends of Nigeria not to let the perfect become the enemy of the good.

    I thank you for listening.

  • The challenge of change

    The challenge of change

    Further to these have been the jumpstarting of industrial development through the establishment of technology parks for small and medium-scale enterprises; urban renewal; the creation of micro-credit facilities; development of the agro-allied and solid minerals sectors; and massive investments in the tourism corridor.

    It’s still the structure, stupid!

    Yet, we still face fundamental odds. The structural deformities of the Nigerian federation have circumscribed many of the possibilities of our state, and many other states in Nigeria and the country as a whole. Both local and international observers have described Nigeria as an “embarrassment of riches,” both in human and materials terms. Why then is the Nigeria state in such a wobbly state and why are the citizens of the country trapped in such disappointing socio-economic and political realities? What could be done to bring about sustainable change at the national-state level?

    It is difficult, if not impossible to sustain good governance at the national level in Nigeria because of the structural fatalities that I have mentioned earlier. The over-concentration of powers in the Federal centre must give way to devolution and decentralisation of power and authority. Therefore, a critical fundamental political restructuring of the Nigerian federation is an unavoidable step that must be taken to generate the basis for the creation and sustenance of a participatory, consensus-oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive national governance and one that is based on the rule of law. I am convinced that this can, and will definitely, happen in Nigeria at some point in the near future.

    Nigeria is a deeply divided, but immensely blessed and potentially great country. Why Nigerians and foreigners are often focussed on the deep divisions, little is said, for the most account, on our immense assets and potentials. What Nigerians need to do is to use our immense blessings, both human and natural, and transform our potential greatness into real greatness, in order to reduce our deep divisions and enhance or strengthen our unity. The two steps I have elaborated above are critical in doing this. There must be a fundamental political transformation of Nigeria; then, good governance must become the underlying basis of political power. With these, I believe that the question of deepening democracy and enhancing development would be largely resolved. Nigeria cannot achieve this without a national resolution by Nigerians to come together as one people with a common destiny.

    The true representatives of the various parts of Nigeria last met between September and October 1958 to agree on the ways in which the federation should be constituted. This was during the last round of the Constitutional Conferences preceding independence. Since then, neither the military regimes nor the civilian governments at the centre have allowed the Nigerian people to come together democratically and in all their diversity, to re-determine their common fate. Those at the centre of power in Nigeria have become so terrified about change that they have foreclosed the possibility of a national dialogue. Fifty years after independence and against the backdrop of the unrelenting inter-ethnic and inter-faith bloodletting, after five decades of abysmal leadership at the federal level – which has turned a country which was regarded at independence as the hope of Africa into what Eghosa Osaghae describes succinctly as the “crippled giant” – there is the need for a new national togetherness that will re-authorise the federal union and re-energise Nigeria.

    Those who are clamouring for this kind of change are fundamentally concerned with how to create a country that is strong, stable and liveable, one that is diverse but united, and one which, through good governance, ensures life more abundant for all. Such a good life that is provided by good governance is neither bound to ethnicity, nor to religious affiliation. In the Nigeria that we seek to re-create, our divisions will not be the parameters of our oneness and common humanity; rather, our oneness and common humanity will be the basis of resolving our divisions. We seek to create a country in which all Nigerians will have the confidence that when they lose, they have lost fairly; and that when they win, they have won equitably. It is the absence of this seemingly simple logic of national togetherness – one that is participatory, consensus-oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and one that is based on the rule of law – that has been the frustration of most Nigerians. From the insurgency in the Niger Delta to the extremisms in the far north, justice, equity and fairness can be used as the mechanisms of preserving and consolidating Nigeria’s national unity.

    While the fundamental restructuring of the Nigeria State will address key questions of political transformation, such issues as the writing of a people’s constitution and the question of constitutional governance, the fundamental precepts or authorising principles of national togetherness, citizenship and the nationality question, the political economy of federalism, including the raising, sharing and spending of public revenue, human rights, justice and equity, the nature of the autonomy of the constituent parts vis-a-vis the centre, the recognition and protection of minority rights, and such other fundamental questions; good governance is geared towards resolving the questions of social and economic reconstruction, electoral reform, strengthening of legislative oversight, security sector governance, social security, public sector reform, privatization, gender equality, and other such issues. The dynamism and vitality or vivacity of the Nigerian people, the diversity and beauty of our climate and land, Nigerians’ passionate and unsurpassable nationalism when the Super Eagles are playing against other national teams, and the astonishing good sense that even our much-maligned national elite exercises every time Nigeria faces an outrageous conflict that threatens to terminate the country as a corporate entity, all convince me that Nigeria, in the course of time, will rise to match her manifest destiny.

    Conclusion

    As I said at my inaugural address in October 2010, it is possible. Positive change is possible in Nigeria. There are many change agents who are devoted to ensure the legitimacy and responsiveness of the State, the deepening and expansion of democracy, good governance and national unity in Nigeria. These change agents are not only in the civil society. We also have them in the political society and the State. There are many challenges that these change agents face, but most of us, and I count myself among them, are undaunted.

    In Ekiti State, with massive investment in Agriculture, infrastructure, public education, social services and health, and by creating a conducive environment for private enterprise to thrive, thereby creating economic opportunities for our people and working towards expanding the middle class, and by creating synergy not only locally, but also regionally among our contiguous states and by partnering with international development agencies, we have shown that change is possible and that good governance is achievable – even in a resource challenged state. This change is not only material, but also attitudinal.

    As for my people in Isan-Ekiti, two years after, I still don’t use siren when I drive into town, and they have now embraced this as part of the best practices of good governance. Positive change is constantly beckoning on us. We only have to continue to rise up to the occasion but I urge friends of Nigeria not to let the perfect become the enemy of the good.

    I thank you for listening.

  • Challenges of Nigerian Bar Association in 21st Century

    Challenges of Nigerian Bar Association in 21st Century

    Protocols

    It was with delight that I received the invitation to participate in this summit. Any occasion which would afford me the opportunity of sharing the company of members of this great profession is one that I always look forward to. However this leaders summit, the first of its type in this country gives me much joy than perhaps any other that I have attended under the auspices of the Nigerian Bar Association for a long time. Furthermore, the subject is designed to afford Legal Practitioners an opportunity of sharing ideas with the elders of the BAR on the challenges facing the Legal Profession in Nigeria in the 21st Century. I therefore congratulate our new president, Okey Wali, SAN and his executives for organizing this event not only for their thoughtfulness in formulating a concept like this but also for their doggedness in making it a reality.

    As I have been made to understand that each speaker has been allotted a period of 30 minutes to address the Topic of this summit, I will proceed immediately to highlight what I consider the main challenges with which the Legal Profession contends at the moment. However in order to place these challenges in their proper perspectives, it is necessary to firstly highlight a brief history of the Legal Profession.

    The legal profession

    The legal profession has an ancient history and predilection. The modern legal professional, earning his living by fee paid for legal services became clearly visible in the late Roman Empire. The practice later spread to Europe including England. It has always been the most respected and loved. Although, I read what Nathaniel Hawthorne said in 1804: “I don’t like to be a doctor and live by men’s diseases, nor a lawyer, to live by quarrels”; yet, it is an incontrovertible fact that every family wishes and prays to have a lawyer in the family. Generally, we pray to have a Doctor and a lawyer.

    Law – a utility subject

    Most people believe that once a person qualifies as a lawyer, he or she must engage in litigation and go to court. The view is not correct.

    Law is a utility subject. As a qualified lawyer, one does not have to engage in litigation at all. Most qualified lawyers go into Banking, Industry, Commerce, Teaching, Civil Service and Politics. The fact remains that wherever they are, they are the most respected and successful having regard to their deep learning and training in handling human affairs.

    Today most successful politicians, administrators, bankers, bureaucrats, businessmen all over the world are lawyers. In fact, history has shown us that great world leaders like Abraham Lincoln, Bill Clinton, Tony Blair, Benazir Blutto to mention just a few were/are lawyers. In Nigeria at the moment, some of the Governors widely acclaimed to have delivered on the dividends of democracy are Lawyers.

    Role of lawyers

    It is therefore widely acknowledged that Lawyers have a great role to play in nation building. This is even particularly moreso in Nigeria. In 2003 when I delivered the keynote address at the Annual Conference of the Nigerian Bar Association at Enugu. I addressed this very issue. Permit me to quote from the said Lecture wherein I stated that:

    “The role of lawyers in the society

    Lawyers, it is often said, are influential agents of change having prominent roles as organisers and spokesmen of civic reform groups.

    It is submitted that the above represents the summary of the key enormous burden squarely placed on the shoulders of lawyers by the society. Being “influential agents of change” requires more than mere rhetoric. It involves action, determination, doggedness, grave risk, diligence and, above all, consistency. Changing the status quo in any society, anywhere in history, has never been an easy task. It is often achieved at great cost-sometimes with human blood. But when the change is finally effected, (positive change of course) the aroma of victory travels far and wide. Lawyers, by virtue of their calling, are looked upon by the larger society sometimes for rescue operation (figuratively speaking) especially when the society is in dire straits. A good example is when a nation is undergoing dictatorship (e.g. military) or civilian despotism.

    If Nigeria and indeed the world community must succeed in making the transition from traditional to modern society, persons of proven integrity who are endowed with requisite skills and social conscience must initiate reforms and manage the legal systems. Thus, the tasks of reformation and, by necessary implication, development call for lawyers who can effectively serve in the specialised roles of judges, government lawyer, law teacher, private practitioner and at the same time serve as guardians and therefore shapers of processes of law at sub-national (local), national and international levels for the good of all.

    The role of lawyers, especially in the area of costs of legal development, can not be overemphasised. This is more profound in developing nations of the world. Often, the assumption has been all too frequent in both developed and developing countries and international organisations that legal systems and institutions can take care of themselves while investments in development can safely by-pass the legal sector.

    It is common ground that many countries continue to invest a minimum and marginal fraction of their resources in the administration of justice, the implementation of legislated development programmes, and legal services to those participating in development and legal education. A fresh awareness of the relevance of these features has emerged only as increasing and chronic social violence, political instability and economic stagnation have unmasked the inadequacy of legal systems to cope with the dynamic problems of developing nations. It is therefore part of the role of lawyers – acting through a virile Bar Association like ours to ensure that the costs of the sustained reforms and competent management of a nation’s legal system in its substantive, institutional and cultural aspects be an integral part of any soundly conceived developmental plan, programme and budget.

    By the process of law making, a society can give legal personality to the institution; can help to articulate a new or modified role or tasks of an institution, thereby creating corresponding expectations in society and obligations among the members of the institution. Also, through law-making, the society can re-allocate resources to the institution to enable it to perform its new or modified role and carry out its tasks; establish guidelines and standards for the conduct of the institution and its members and of others towards the institution; and monitor the institution’s behaviour, with the prospects of corrective action or of subsequent revision of the law and further adaptation of the institution.”

    The bar and myraid of problems

    Regrettably, the Bar Association in Nigeria has historically been plagued with a myriad of problems which have prevented it from providing the proper platform for Lawyers to contribute meaningfully towards Nation building. I doubt if anyone can forget the years when the Nigerian Bar Association was comatose owing primarily to the events at its 1992 Annual Conference. It was only through the efforts of some personalities, of which special mention must be made of Chief Adegboyega Awomolo that concerned stakeholders could once again come together under the umbrella of the Nigerian Bar Association to forge a way forward. That we are all gathered here today is a testament to the success of that process.

    Life style of judges

    As stated earlier, one of the important roles or duties of Lawyers in Nation building is to entrench, strengthen and support the rule of law. One of the avenues through which this can be achieved the most is through Lawyers who get elevated to the Bench. But has the Bench in Nigeria been able to live up to the challenge? In times past Judges used to be highly respected. They were regarded with great awe. It was a rare sight to find Judges walking on the streets or even generally in public places. However things have changed. It is now a common sight to find Judges at social occasions. Due to the economic realities of the time which has affected even Judicial officers, it is not uncommon to find Magistrates riding in Taxis and other forms of public transportation. The point being made here is not that Judges and other Judicial Officers must live in a state of utopia irrespective of the realities of the day. The point is that these developments increasingly expose Judicial Officers to risks and temptations from Litigants and even accused persons standing trial before their courts. Little wonder then that claims of corruption, bias and judicial high-handedness which hitherto were virtually unknown or unheard of in the Country’s Judicial Service System are now a common phenomena.

    Quality of judges: appointment of san as judges

    Closely related to the above is the quality of persons appointed as Judges. In any clime, Judges should ordinarily be appointed from the best the bar can offer. Judges should be appointed from Lawyers who have had extensive practice before the Courts in Nigeria. But this is not the case in Nigeria. Persons who have had little or no serious practice of law have often been appointed judges. Appointments are not always made on merit but on extrinsic factors such as family and political ties or affiliation. As a result of this the Judiciary and ultimately the Judicial Service System have been the worse for it. Cases now get protracted not always because of the attitude of Lawyers as many have been made to believe, but because of the poor quality of some Judges. It is quite common to get to Court having travelled hundreds of kilometers only to be informed that the Court would not sit. As a way out I suggest a system whereby Judges are appointed from Senior Advocates of Nigeria. This system operates in the United Kingdom wherein Judges are appointed from the body of Queens Counsels (QCs).

    The adoption of this system will ensure that only the most experienced and knowledgeable practitioners of law are appointed to the Bench. Our Jurisprudence would surely be the better for it.

    Appointment of senior advocates

    The question that this proposal will necessarily attract is whether we have enough Senior Advocates of Nigeria to man our courts? This is quite understandable as the total number of Senior Advocates of Nigeria may not be sufficient to offer enough candidates to fill the vacancies which occasionally arise on the Bench of the High Courts of the States, the Federal High Court, High Court of the FCT and the National Industrial Court. The answer to this question is to be found in an overhaul of the current system of appointment of Senior Advocates of Nigeria.

    At the moment, the process of appointment of Senior Advocates of Nigeria is restrictive and selective. There is a need to make it more open and transparent. In order to ensure that applicants possess sufficient experience in legal practice, the Legal Practitioners Privileges Committee has put in place certain criteria including handling of a number of cases before the Courts of the land including the Supreme Court as well as other conditions. All applicants who meet these requirements are then shortlisted and subjected to a selective process using parameters which are not clearly defined and indeed have attracted criticism and controversy. In other words, the approach currently adopted is to enquire why someone who ordinarily merits conferment with the rank having satisfied all conditions laid down should be denied that right due only to restriction on the number that must be appointed in a year. This approach ipso facto leaves room for abuse as the factors which dictate who to pick out of qualified applicants is subjective and therefore prone to abuse and or manipulation. I am of the firm belief that all persons who meet the requirements laid down should be conferred with the rank. If 100 Legal Practitioners merit it in a year, let them be so conferred. This way there will be no backlog of applicants. Even if only one qualifies, so be it.

    This same view was canvassed by me in a paper presented to the Privileges Committee. In the paper, I quoted extensively the practice in England under which all qualified candidates in a year are conferred with the rank of Queens Counsel. There is no backlog. There are no complaints, no bickering.

    Members of privileges committee

    Furthermore there is little rationality in appointing Senior Advocates of Nigeria who have just themselves been conferred with the rank into the Legal Practitioners Privileges Committee a year or two earlier. I believe that such newly appointed SANs may not be able to dispassionately discharge the duties of screening or determining which other persons will subsequently be conferred with the rank. Clearly the candidates will be applicants with whom they would have competed recently before being appointed. The possibility that this will affect their judgement cannot be ignored. A SAN who has just himself been conferred with the rank perhaps after 8 previous unsuccessful applications and then appointed into the LPPC may not be favourably disposed to a first time applicant being conferred with the rank even where it is clearly merited. This is just a fact of human nature. Thus it is better to appoint more experienced Senior Advocates of Nigeria into the Committee. I therefore recommend that Senior Advocates who would have served on the Privilege Committee must have had at least ten years experience as Senior Advocate.

    Role of lawyers at the bar

    Lawyers who choose to remain at the Bar invariably have the Bar as the platform to contribute whatever they can to the development of the country. However the Bar of late would appear to have derailed from this fundamental objective. In several instances, the affairs of the Bar were conducted much like a Political Party, Pressure Group or Trade Union. The Bar involved itself in matters which are clearly outside of its purviews. This opened the Bar to interested Politicians who were bent on making it an appendage of their political parties. Such was the extent of the damage done to the ideals of the Bar that some Lawyers doned their Professional Regalia to stage a protest march to the office of the Governor of Lagos State over a matter that was not connected to the practice of their profession!!!

    Furthermore, service on the Executive of the Bar at any level or indeed in any capacity is now regarded as a means to acquire quick popularity and the riches and affluence which many believe comes with it. People who hold such belief are always quick to refer to some of their colleagues who experienced tremendous change in fortune after election into office. The bar is not and should not be regarded as a Political Party or a means to acquire quick wealth. Such views clearly detract from the ability of the body to effectively discharge its duties.

    Payment of practising fee

    Lawyers on their part must be willing to fulfill their obligations to the Bar Association. Perhaps the most paramount obligation is that by which lawyers are required to pay their annual practice fees. It is however common knowledge that many lawyers fail to honour this sacred obligations. As way out, I suggest that each local branch of the Bar Association be empowered at the start of the second quarter of every year to compile a directory of all lawyers who have paid their practice fees for the year. Each lawyer should then be assigned a number the directory which itself will be circulated to judges within the jurisdiction of the branch. In court, after appearance of their name, the lawyers will be required to also indicate their numbers on the directory to the judge who will then quickly confirm that the name of the legal practitioner concerned is actually on the list. I am certain that this procedure will ensure that lawyers pay up their practice fees. No matter how broad base or wide spread the practice of a lawyer is, I believe he must occasionally make appearances in the jurisdiction in which his firm is based and in which he is well known.

    Office of the attorney general of the federation and minister of justice

    I am of the view that the office of the Attorney General of the Federation should be separated from that of the Minister of Justice. In most jurisdictions, the Attorney General who is the Chief Law Officer of the country is responsible only for matters related to law. On the other hand, the Minister of Justice is a technocrat responsible for the administration of the Judicial Institutions of the states. I believe the fusion of the two offices in Nigeria has prevented successful occupants of the highly exalted office from efficiently discharging their duties in a manner envisaged by the Constitution and required in nation building process.

    Structure of court – need for state to have appellate judiciary

    At the moment, all matters before all Courts in Nigeria have the chance to be lifted up to the Supreme Court. Therefore, a suit over a parcel of land in rural area in Oyo State can find its way up to the Supreme Court of Nigeria. To compound matters, the recent amendment to constitution has conferred jurisdiction on the Supreme Court in gubernatorial election petitions which hitherto terminated at the Court of Appeal. The current system has put a lot a strain on the Supreme Court and even the Court of Appeal with the result that the appeal process from the High Court to the Supreme Court on the average take about 10 years. This is tasking on stakeholders including judges, lawyers and the litigants themselves. Convicted persons are most affected as they have to wait endlessly whilst languishing in jail to have their appeal heard and determined.

    I suggest therefore, that an amendment be made to the Constitution whereby states would have their own separate and distinct appellate court system. Under this system, all matters before a State High Court which do not have any connection or determination of which will not have any effect on federal laws on the constitution must as a matter of necessity terminate within the appellate court structure of each state. Therefore, the Federal Court of Appeal and the Supreme Court will be left to handle matters which revolve round federal laws and the constitution. That was the position under the First Republican Constitution where Western Nigeria has a strong Court of Appeal. This is also the system that currently operates in the United States wherein the Supreme Court of the United State of America have the power to decide the matter it will or it will not entertain.

    Election petition matters

    I have always suggested that election petitions tribunals should be constituted mainly by retired judges or referred to the Institute of Arbitrators of Nigeria. I still hold this view. Retired judges will be less prone to temptations of considerations such as career advancement which may affect the judgment and reasoning of serving judges. Furthermore, appointing retired judges will ensure that the dispensation of justice in regular courts is not disrupted while serving judges are on national assignment sitting on nation election tribunal. In the case of arbitration, there will be virtually no need for an appeal.

    Sovereign national conference

    I am aware some of the suggestions I have proferred above will involve a critical overhaul or restructuring of the political and judicial structures and institutions of the country. The problems afflicting the Judiciary and the Bar cannot be divorced from the virus that has endangered the existence of Nigeria as a corporate body. Lawyers are Nigerians. They live among Nigerians and are affected in large measure by Nigerian factor. Therefore, it is quite necessary that a sovereign national conference be convened to address many of the issues raised in this paper. I have at several occasions advocated this view and I am still of the conviction that it is a view shared by many Nigerian irrespective of political or religious inclination.

    Conclusion

    Ours is a profession that is very unique in many respect. As I stated earlier, lawyers have a role in nation building. The credible discharge of this role is a topic that should concern all legal practitioners. Therefore, it is my hope that summit of this nature will be a regular occurrence in the activities of the Nigerian Bar Association. We must as a body of professionals remain alive to our duties. Once more, I pay tribute to our newly elected President, Okey Wali, SAN and his team who for the first time have brought about the innovative idea of Leaders Summit. May God bless him and his team. May God bless all of you.

    Thank you.

  • ‘It’s a new dawn for our people’

    ‘It’s a new dawn for our people’

    The story of Andoni-Opobo-Nkoro Federal constituency in Rivers State is a paradox. Its history is replete with stories of commerce, trade and strong kingdoms. Located in the deep delta, opening up into the atlantic ocean, kingdoms here were noted for their fishing prowess and great wealth. Being on the coastline, their early interaction with the colonialists gave them the benefit of early education and exposure. But that was once upon a time.

    Civilisation and development seemed to leave the people of this constituency several years behind. At a time, it was perhaps the only Federal Constituency in Rivers State without motorable road, electricity, portable water, amongst others. Its topography is a big challenge to development initiatives, especially building of infrastructure. The communities are located in difficult access islands, and the people were seen as vulnerable and disadvantaged.

    Today, the tables have turned. It’s a new dawn and the sun is set to shine on Andoni/Opobo/Nkoro again. It all began with a Federal Constituency stakeholders meeting convened on 20th December, 2011 by Hon. Dakuku Peterside, the member of House of Representatives representing the area who is also the Chairman of the House Committee on Petroleum Resources (Downstream). The stakeholders meeting offered a unique platform for evaluation of the strength, weaknesses, threats and opportunities in the area. Stakeholders at the consultative meeting all agreed that Andoni/Opobo/Nkoro land has more opportunities than threats. The thing to do was to build on those natural potentials that made the region the numero uno for trade and commerce in the past and reposition communities for discerning investors. With the large pool of human resources, the strength of history and the enourmous aquaculture and tourism potentials of the region, all that was required to make a difference was a combination of strong institutions and visionary leadership. Thus the Andoni/Opobo/Nkoro Economic Zone development foundation was started to help fulfil the aspirations of the people. A tested technocrat and strategist with track record of performance; Engr. Emiyarei Ikuru was appointed Chairman.

    TheAndoni/Opobo/Nkoro Economic Zone Development Foundation is manned by full time employed staff and volunteers with proven track records in their various disciplines. Twenty- eight technical Sub-Committees were set up to prepare a socio economic and cultural framework for the region. This laid the basis for the draft Andoni/Opobo/Nkoro development status report and master plan. Extensive consultation with all groups including traditional rulers, men, women, youths, professional, political elite from the area helped build a consensus of opinion and galvanise opinions on critical needs and next steps.

    To assist the process, the foundation sought expertise from well- known development agencies. We are receiving support from United Nations Training and Research Agency (UNITAR), Rivers State Sustainable Development Agency (RSSDA), Empowerment Support Initiative (ESI) and Action Aid Nigeria. The key role of these development agencies is to streamline the foundation’s work and bring it in line with global best practices. With the right concept in place, the group has received generous support from corporate organisation, which shares our passion that communities should set their development agenda and drive it. Yet there is room for many more partners. Government, development partners and corporate bodies need to support this visionary initiative that is set to propel this once under developed constituency to one of the leading lights of our nation.

    Andoni/Opobo/Nkoro Economic Zone Development Summit 2012 is the ultimate platform to showcase the economic potentials of the area as well as its diverse investment opportunities. It will bring together stakeholders, policy makers, development path for Andoni/Opobo/Nkoro Local Government Areas drawing on the areas historical, geographical and resource advantages. In two days of intensive discussions, sharing of ideas and networks we hope to see new principles for building the next great era in sub-regional economic growth and prosperity. Andoni/Opobo/Nkoro development model may emerge as a novel formula for sustainable development in the troubled but resource-rich Niger Delta.

    Niger Delta’s next great destination

    In spite of the unsettling economic situation in Nigeria, the Andoni/Opobo/Nkoro Economic Zone development summit that begins today bravely challenges the development assumptions in the Niger Delta that is built around government and its initiatives and raises a ray of hope of a bright future ahead. It clearly shows that in the days ahead, communities would shape and drive their own development according to their peculiar circumstances.

    The Niger Delta region, particularly known as bearer of Nigeria’s oil resources, has been at the front burner of national discourse for the wrong reasons. The challenges in the region are well known; high level unemployment, high level poverty, high illiteracy rate, acute dearth of infrastructure, inadequate and sometimes unavailable health care and high mortality rate among many others. Sadly, the search for solutions had appeared intractable. Especially because each community in the region had its own peculiar characteristics, it could not be a one size fits all solution pack. Successful development models also show that only a bottom up approach can guarantee sustainable development and poverty reduction in poor communities. Unfortunately very often, attempts to address development challenges in our communities previously almost always started from the top, far removed from the people.

    This is where the Andoni/Opobo/Nkoro summit is a marked departure from the past. In this case, the communities are at the centre of the programme development and planning. Extensive consultation guarantees that discussions are held around the issues that have been identified by the people. This is indeed very commendable. Sub-regional and regional groups can no longer afford the luxury of philosophical discussions surrounding the issues militating against development of the region. We must walk the talk. Government, development agencies, corporate organisations and the people themselves need to work together to develop the right solutions to the development challenges plaguing the region. Together they must build, own and sustain local economic growth.

    This is the philosophical basis of the Andoni/Opobo/Nkoro summit, as the theme, Shared Responsibility, Shared Prosperity is wont to suggest. This ingenious sub-regional summit has two key objectives. The first is to showcase and draw attention to the latent economic and investment potentials in the area, in other to catalyse economic growth, create employment and raise the quality of life in the area. This will lead to “shared prosperity.” The second objective of the summit is to present a community-centred development road map with clearly stated priorities and measureable targets to development partners, government and stakeholders. This “shared responsibility” carries along with the necessary ownership and stewardship that guarantees sustainable development.

    Without a doubt, this initiative of the people of the Andoni /Opobo/Nkoro Federal Constituency provides key lessons for other Niger Delta communities. Besides the strong demonstration of the importance of collaborative effort in development, the summit sends out a clear message that matters of development, first of all rest with the people, and that no one can be more committed to changing one’s corner of the world than the person (s) who live in that corner and who are invariably the most impacted.

  • Nigerian federation: Gaining strength from a weak position

    Nigerian federation: Gaining strength from a weak position

    Text of Ogun State Governor Ibikunle Amosun’s speech during the nation’s Independence Anniversary

     

    Today, we are celebrating the 52nd Independence Anniversary of our country, Nigeria. While every anniversary of a great nation like Nigeria is worth celebrating, it is an obvious fact that 52 is not a landmark figure. That probably is responsible for the low-key events marking the occasion across the country. Few days ago, as I was ruminating over the obvious declining enthusiasm which the celebration of the Independence Anniversary has witnessed in recent years, my mind flashed to the fact that in two years time, we will be celebrating the Centenary Anniversary of the creation of the territory called Nigeria, following the amalgamation of the Northern and Southern Protectorates by Lord Lugard in 1914.

    Thus, in 2014, there will be need to take a retrospective and introspective look into the last 100 years of the existence of the geographical entity called Nigeria and how well it has served the purpose of its founding fathers. We may also use the opportunity to do a prospective assessment of what we want to make of the future of our country.

    First, there are those who believe that the 98 year-old exercise which led to the creation of a large country out of the merger of seemingly different peoples from the Southern and Northern Protectorates was a mistake, an anomaly and the genesis of our problems as a country. The subscribers to this theory are those who continue to harp on the quote (often out of context) by one of our late nationalists that Nigeria is ‘a mere geographical expression’. However, I beg to disagree with the position that Nigeria is still anything but a country. Ours is a unique country with all potentials to neutralise the imperfections of its creation. In any case, from the experience of other federations, a federal structure is always a work-in-progress, a continuous negotiation among the federating units as well as the centre and the units. So, there is no cause for pessimism about Nigeria’s structural future. Let us look towards brighter days of the workings of the Nigerian federalism.

    It may be true that the colonialists merged two protectorates for administrative convenience and to create a viable, large and strong trade out-post for their companies, but God in His infinite mercies has given us all it takes to achieve greatness from a weak position, to rise from the debilitating design crafted by the colonial masters and to snatch victory from the jaws of defeat. That is why this same God who made imperialism possible has also ensured that more and more wealth creating resources continued to be discovered in our country – Nigeria.

    From what is supposed to be a mistake and selfish, parochial agenda of the colonialists, today we have the most populated black African country, and by inference a large potential market for goods and services. Today, we have a diverse country which allows for plurality of ideas, culture, religion, resources, people and environmental factors. Today, we are one of the biggest world oil producing countries. We have some of Africa’s best managed banks. We have a Nobel laureate and one of the most vibrant arts and entertainment industries. The first television station in Africa and one of the first five in the world was established here in Nigeria. The manpower potentials of this nation are so enormous that we have produced world beaters in so many areas: science, sports, economy, arts, business, diplomacy and others.

    We have successfully pulled through a terrible civil war in which thousands of people died and the thread of unity of the country was strained up to the breaking point. On many occasions, the federating units were aggrieved over certain issues and many thought the country would disintegrate. Yet, on every occasion that our country got close to breaking point, we always find a way of pulling back from the precipice. What all these reflect is the tenacity and determination to survive as a country. It shows that Nigerians – or to put it more poignantly, the various federating units or ethnic groups, have decided to live together as a united nation to take all the advantages derivable from a large country with huge population, extensive land mass and variety of resources.

    From the above, it is therefore noticeable that what is needed at this point is for us to re-examine our federal system (since a federal arrangement is the best for a country with plurality of culture, language and ethnic nationalities) and create a strong arrangement which allows each of the federating units to plan its development in a way that is unique to its socio-cultural peculiarity. The question that should confront all of us as we move into the centenary celebration is: How do we make our federal system work for the benefit of the overwhelming majority of our people? This question is now more pertinent as our National Assembly is going into yet another round of constitutional review process.

    I am inclined to say that our present constitution itself is a bulwark against the emergence of a workable federal system. A constitution which in its exclusive list includes almost all items is definitely not promoting federalism. The present constitutional provisions on creation of local government areas make it impossible for more of these third tier-governments to be created while the present arrangement confers undue advantage on some states and skew the revenue sharing arrangement in favour of such states. This problem is already stoking the debate that creation of local government should be a wholly state affair and that it should be included in the residual list.

    Also, there is need to encourage fiscal federalism in our country. The revenue collection and allocation system needs to be reviewed to address the grievances of the states where revenue generation activities are concentrated. For example, states should be allowed to collect Value Added Tax on goods and services sold in their domains. Such states can then remit certain agreed percentage to the Federal Government. The present arrangement in which all mineral resources found in the states are under the control of the Federal Government does not augur well for the growth of federalism.

    In the same vein, a situation where Trunk A roads designated as federal roads and in various degrees of disrepair dot the landscape of our country will not aid development. Some of these roads have not witnessed any repair or maintenance in the past two decades. Truth is, no state government worth its salt will wait and watch while its residents suffer while using so-called federal roads. That is why in Ogun State our guiding philosophy about such federal roads located in our territory is that there are no federal residents or citizens, those citizens are localised in one state either by residence or origin. Thus, whatever intervention we have to make, we quickly do.

    Another example of the failure of our present federal arrangement becomes evident in the security situation. While governors are called chief security officers of their respective states, the Nigeria Police command structure, deployment of personnel and other operational modalities are centrally controlled by the Federal Government. Yet, state governments bear the burden of equipping the police and other security agencies as well as providing necessary financial support for their daily operations. That is why those canvassing the establishment of state police have a basis for their position. The reality on ground in the states have already forced their governments to have modified forms of state police with the various ‘Operation This and That’ being created and funded by the respective state governments.

    There are many other issues which we need to examine critically towards rejuvenating our federal system. For example, we should redirect our leadership evolutionary process so that it can be based on competition of ideas and quality of candidates, instead of where a person comes from. These are some of the basic issues that I believe we need to start discussing so as to build the much-needed consensus before 2014, the year of our centenary celebration. May God bless our great country – Nigeria.

    •Amosun, a chartered accountant, is Governor of Ogun State.

     

  • The need and justification for state creation

    The three regional structure left behind by the British satisfied the yearnings of the majority nationalities to the detriment of the non-majority nationalities. But the satisfaction of the majority aspirations was only to the extent that the structure kept the majority nationalities intact. The agitation for more states by the minority groups did not show any fidelity to any coherent state-creation philosophy.

    The agitation for minority states were grouped around a) the Middle Belt State, b) the Calabar-Ogoja-River state, and c) the Mid-West state. None of these proposed states had any internal coherence. A more illustrative definition would be to call the proposed Middle-Belt state, a non-Fulani/Hausa state, the proposed Mid-West state, a non-Yoruba state, and the proposedCalabar-Ogoja-Rivers State, a non-Ibo state. In fact the foundation for the agitation for these proposed states was precisely a negation for the justification for the creation of states. This conundrum continues to plague the agitation for the creation of more states today.

    When the Mid-West region was created in 1964, after excision from the old Western Region, the new Western Region became the model ofa mono-nationality state thus satisfying the theoretical model of a nationality-driven federalism.

    This did not last. When Gowon created twelve states in 1967, it turned out to be another example of a mishmash of federalism. Only the Ibo nationality was grouped together into one state. The Hausa/Fulani was divided into three states namely, Kano, North-Central and North-Western states; the Northern minorities were grouped into two states, namely Kwara, and Benue-Plateau states, the Southern minorities were grouped into three states, namely the Rivers, South-Eastern and Mid-Western states; while the Yoruba nationality was divided into Lagos and Western States.

    In other words, and this is very important, major exercises in state creation, in the post-independence period did not follow the nationality-driven agitation for state creation. Gowon’s states suffered further mutation in 1976, when further states were created. Two issues were thrown up by this exercise. Two major nationalities, the Ibo and the Yoruba were further fragmented into several states.

    The Ibo was split into Anambra and Imo states while the Yoruba was split into Ogun, Ondo and Oyo states in addition to the existing Lagos state. The other issue was that an attempt was made to use the nationality factor to address the minority nationalities. The Benue-Plateau state was broken into Benue and Plateau states; the North-Eastern state was divided into Bauchi, Borno and Gongola states;and Niger state was created out of Sokoto.

    The point which I wish to make has been made. There was no consistent application of any coherent principle in the various state creation exercise. Every exercise in state creation created new minority groupings while satisfying the aspiration of some. Looking at the nationality configuration of Nigeria, it was an error of political judgement to have propounded a theory of federalism based on the nationality factor. But let me add here that even Chief Awolowo in his proposed 18 state structure for Nigeria ended up modifying his concept in the sense that seven (7) of the eighteen states he advocated ended up being classified by him as “mixed language states”.

    What in fact we seem to have done in Nigeria is adopt the German model of federalism without being explicit about it. Article 29 of the German constitution laid it down that no single state will be more than 30% of the population or territory of the nation and that “the division of the federal territory into [state] may be revised to ensure that each [state] be of a size and capacity to perform its functions effectively.” In breaking the Fulani/Hausa, Ibo and Yoruba nationalities into fragmented states, Nigeria sought to address the mischief of the instability of the first Republic and the civil war where it was felt that it was the size of the regions that contributed to the instability and the ensuing civil war.

    However by giving the impression that creation of state is driven by the agitation for recognition of nationality identity, long after it had been repudiated, various Nigerian governments, whether civilian or military, for cheap popularity had embarked on state creation exercises, and thereby fuel the agitation for the creation of more states.

    The paradox of the whole exercise is that each new state which satisfies the aspiration of a nationality creates new minorities which breeds new agitations. The political atmosphere and intra-personal relations are further poisoned by the language of propaganda employed to justify the agitation for new states. The language of propaganda usually centresaround allegation of persecution of the nationality making the allegation.

    They usually allege that members of the nationality are denied employment and promotion opportunities, and that development projects are not cited in their areas. These allegations usually breed antagonism and the successful cases are usually accompanied by expulsion of nationals of the nationality from the public service of the state from which the new state is being carved out.

    The division of existing state assets between the old and the new state is usually acrimonious.

    The crux of the matter is to what extent can Nigeria continue down the path of state creation. Is there a maximum number of states that Nigeria can be divided into internally? Going down the historical path of state creation in Nigeria, the answer would have to be, NO, as a) the issue of economic viability had never been an evaluatory factor especially after 1967 when fiscal federalism was abandoned as a revenue distributable principle in Nigeria, and b) Nigerians have the capacity to split an atom beyond the capability of physics and physicists.

    Nigerian tendency to adapt and reduce everything to its level of absurdity has led to an unending agitation for state creation.

    What this calls for is a sophisticated application of the doctrine of federalism, an approach which Nigeria has not shown an affinity for so far. The mantra in Nigerian public discourse of federalism is the phrase “TRUE FEDERALISM”.

    The pertinent question really is: Is there any such political animal as “TRUE FEDERALISM”?

    Earlier in this paper, I have identified three types of federalism, namely Separate (split or compact) federalism, interlocking (or cooperative) federalism and asymmetric federalism. But the types of federalism are more than these.

    There is also “bi-federalism” which is a variant ofthe asymmetrical federalism where in addition to federal, state and local governments, other nationalities are conferred with the powers and structure of governance. For example, in the United States, American Indians have been allowed to establish Native American governments with limited sovereign powers.

    Then there is a Brazilian innovation to federalism where “municipalities are treated as federal entities … invested with some of the traditional powers usually granted to states in federalism”.

    Then there is what is called a two-sided federalism which as is obvious from the term is a federation made up of only two parts. Examples are the Federation of Bosnia and Herzegovina, Czechoslovakia made up of the Czech Republic and Slovakia until the dissolution in 1993, Cyprus made up of the union of Greeks and Turks before the invasion of the island by the Turkish army, the United Republic of Tanazania made up of the union of Tangayika and Zanzibar, and Iraq which in 2005 granted federal status to the Kurdistan region.

    Then there is “intra-state federalism” which is characterized by governments of component states being represented in federal political institutions. For example, this is the German experiment where the state governments appoint their members to represent them in the Senate.

    This should be distinguished from the pre-1966 Nigerian experiment where even though the regions appointed the Senators to represent them, they were not appointed as members of the regional governments.

    What then should we regard as True Federalism? In Nigeria, it has become a mantra that is preventing us from adopting an ingenious adaptation of the elements of federalism to the realities of the Nigerian political situation.

    This is not to deny that federalism should have some common characteristics such as propounded by the principle of subsidiarity. An analysis of the Federal Governments of the United States, Canada, Brazil, Australia, and India may raise the issue whether that includes a limited central government given the complexities of globalization.

    Nationality-driven federalism was the vogue in the pre-1966 period but this was highly adulterated by the non-application of the principle to the so-called minorities. From then on, the overriding principle has been to override the doctrine of nationality-driven federalism, in favour of the principle that no one nationality will be grouped into one state, where that state will be large enough to threaten national unity.

    This explains the fragmentation of the Fulani-Hausa, the Yoruba and the Ibo into several states. Even if the nationality-driven federalism had been adopted in Nigeria, it could only have been applicable to the big three or big four (if one accepts the Ijaw claim of being a big nationality), it could not have applied to the remaining 260 nationalities.

    Confronted with the fact that the unending state creation exercise has just fuelled the agitation for more states, and the whole exercise is becoming an exercise in absurdity, another variety of federalism has crept into Nigerian contribution to the doctrine of federalism, and that is zonal federalism. The proposal to divide Nigeria into six zones was proposed at the 1995 Constitutional Conference and adopted. However, it did not find its way into the 1999 Constitution.

    The proposal for the adoption of Zonal Federalism will lead to the same skewed Federalism which we inherited at Independence. It will address the concerns of the majorities as the North-West zone will cater for the Hausa/Fulani, the North-East will cater presumably for the Kanuri, the South-East for the Ibo and the South-West for the Yoruba.

    Whose interests will the North-Central and South-South zones represent?Under the circumstances, the only accurate description of the North-Central Zone is non-Fulani, and the only accurate description of the South-South is non-Ibo and non-Yoruba. In other words, we know what they are not and not what they are. Just as was the case in 1960-1966, Zonal Federalism will totally ignore the aspirations of the minorities.

    I will not, in this lecture, take up the issue of the legitimacy of that Constitutional Conference on the grounds that it was boycotted by the mainstream of the proposed Western zone. The issue of legitimacy has been raised in terms of the military midwifing the 1999 constitution.

    The late Chief Rotimi Williams, SAN, put it pithily when he said that the 1999 Constitution told a lie about itself when it said “We the People….” Whereas it should have been “we the military….” True enough. But on the same grounds, every constitution since 1979 has told a lie about itself.

    But there is a more fundamental basis for raising the issue of legitimacy. The 1960 Independence Constitution was the only Constitution that was freely negotiated and represented the consensus among the leaders of the Nigerian nationalities. It was not the product of one conference but a product of several conferences lasting about ten years. As already pointed out, it was not a perfect constitution partly because it was not fair to the minority nationalities. But it was based on a consensus freely agreed to. All constitutions since then have reflected the wishes of the governments in power and to that extent, they are illegitimate.

    Constitution making is different from the process of constitutional amendment. A cursory look at most constitutions, especially Federal constitutions, will show that conference decisions which brought them into being often require unanimity.

    The struggle for state creation is driven by what I would call identity federalism: a cry by a group for its identity to be recognized. The antagonism that accompanies the agitation is because to make a compelling case, the group desiring the recognition has to employ identity-differentiation politics.

    The crux of the issue is this: Should the demand for identity recognition need to result in state creation? A utilitarian appraisal of federalism in fact recognizes the richness of its flexibility while not detracting from its raison-d’etre: the need for a bonding of disparate communities for the common good.

    A good illustration is the constitution of the German Federal Republic which recognizes three different types of states. Bavaria, Saxony, and Thuringia are called “Free-state” (Freistaat); Berlin, Hamburg and Bremen are called “City-states” (Stadstaaten)”, while the remaining thirteen states are called “area states” (Flachenlander).

    This German example suggests a possible way forward for the Nigerian project. A cry for identity recognition will not be satisfied by the creation of a Local Government. The term “Local Government” does not have the same gravistas or panache needed to satisfy or uplift.

    We can toy with such terms as “canton”, “city-state”, “local-state”, “Ogoni state”, “Jugun state” or whatever other coinage we can come up with.Each will be headed by a High-Commissioner and each will have full autonomy over local issues, such as primary and secondary schools, local roads, local hospitals and such issues as will pass the test of subsidiarity. It will have its own direct allocation from the Federation account and all of these will be guaranteed by the Constitution.

    For this to work, however, we will need to revisit the revenue allocation formula to enshrine the principle of revenue derivation. The Constitution can create a development fund to which all states will have access so that no state will fall below a development safety net.

    Before ending this lecture, let me dwell on two more issues that are in the centre of the debate about Nigerian federalism. The first is the issue of State Police. Three arguments have been adduced in favourof this proposal. The first is that it is in tandem with the doctrine of federalism.

    The second is that this was our practice up to 1966. The third is that it is a more effective way of policing as the members of the police would be drawn from the local community. These are cogent reasons but they are controvertible. The first argument that it is in tandem with federalism has already been addressed when I dealt with the issue that there is nothing like TRUE FEDERALISM. Canada, a federation, does not have state police.

    Nigeria has to adopt a federalism that is in tandem with its political and cultural realities. During the first Republic, the Native Authority Police was used to suppress and oppress opposition leaders. Their rallies were broken up, they were hauled into prison and some were murdered. Have we learnt any lesson from the past? Are our political leaders more tolerant now than the pre-1966 political leaders? The answer lies in this empirical fact.

    When INEC conducts an election in a state, the margin of victory is acceptably narrow. When SIEC conducts elections in the same state, the governing party usually wins with a margin of 90%-100%. Present day political leaders especially at the state level have a high intolerance and vicious level, that there are many elite refugees in Abuja and Lagos having been driven out of town by their governors. If they could do this without state police, then you can imagine what they would do with a state police under their control.

    For the avoidance of doubt, let me also say that I am opposed to the alternative proposal being flouted by the Northern Governors Forum that Governors should be allowed to issue instructions to the Commissioners of Police and that these instructions should be obeyed.

    That is like a State Police through the back door, with the Federal Government picking up the bills. A good compromise is a constitutional amendment that calls for the personnel and officers of the Nigerian Police based in a state to be drawn from the inhabitants of that state but they will still operate as members of a unified Nigerian Police Force.
    The last issue is that of Resource Control. From unification in 1914 to 1967, Nigeria operated a revenue derivation policy which allowed the regions to keep the proceeds of economic activities in their regions. This was the formula freely negotiated and agreed to by Nigerian leaders.

    The fact that the formula was changed to enable Nigeria to fight a civil war did not mean that the formula should not have reverted to the pre-civil war formula once that war was over. Anyone who has visited the Niger Delta area, who has seen the devastation in the area and who witnesses the continuing health hazards to which the people there are subjected, will not begrudge them resource control.

    It is immoral to continue to oppose a revenue distribution formula based on the derivation formula.

    I have come to the end of this lecture and yet I feel there is something still needing to be addressed.

    This nation is lost and drifting. And we the elite are to blame. In every nation in the world, it is the elite who work out a grand vision and develop a grand consensus around that vision to propel the nation forward. It is the elite that constitutes the engine of change.

    In Nigeria, gross ethnicism has destroyed each and every attempt by the Nigerian elite to produce a consensus to drive the nation forward. I am not talking about a consensus to loot. That consensus is already there.

    I am not talking about a consensus to oppress the poor, the widow and orphans. That consensus is already there. It has to be a consensus on building a
    nation where the poor, the widows, orphans and the oppressed will be protected. The consensus must be on how to narrow the gap between the rich and the poor.

    The consensus should be on how to grow and distribute the common wealth such that no group is favoured, none discriminated against and all develop a sense of belonging. A consensus based on equity. A nation where one zone occupies the no. 1 post, another zone occupies the nos. 2 & 4 posts, another zone occupies no 3 post, another zone occupies nos 5 & 6 and Secretary to Government posts, but two other zones have no posts is not an equitable nation.

    In his Sallah message, the Governor of Jigawa State, SuleLamido, said “Oppression and injustice and wickedness are responsible for the current crisis in the country. We should seek forgiveness from God and mend our ways so that things change for the better…”

    Here are the words of the last stanza of the 1960 national anthem which we jettisoned:O God of all creation,Grant this our one request,Help us to build a nation Where no man is oppressed,And so with peace and plenty Nigeria may be blessed.