Category: Hardball

Hardball

For Duoye Diri, the Bayelsa governor, the game of gubernatorial musical chairs goes on.  What goes around, comes around!

The country absorbed another shock on August 17, when the Bayelsa State Governorship Tribunal, sitting in Abuja, voided Diri’s “election” because King Lucky George, candidate of the Advanced Nigerian Democratic Party (ANDP), alleged he was unlawfully excluded from the gubernatorial poll.

Well, lucky for George, unlucky for Diri, Diri was judicially tossed out; though the process goes on with appeal, possibly up to the Supreme Court.  It’s Diri’s lousy luck that till then, he’ll be on judicial tenterhooks!

Still, why must Hardball refer to Diri’s “election” in quotes?  Very simple really.  As at the end of the exercise, Diri of the People’s Democratic Party (PDP) polled 143, 170, while David Lyon of the All Progressives Congress (APC) polled 352, 552.

No, no, no — the apex court, which passed judgment on the matter, didn’t exactly say 143, 000 was greater than 352, 000.  But because it ruled Lyon’s running mate has such a splendid harvest of names there were so many in his official documents, the apex court, in its apex wisdom, ruled 352, 000 had to give way to 143, 000, in its supreme version, of court-muscled democracy!

Diri may yet survive this storm.  But if he doesn’t, it would be a case of the judiciary gives, the judiciary takes; while voters, whose democratic right it is to give or take, watch helplessly on the sidelines!  There is a Yoruba jeer at Diri’s plight, should it take a turn for the worse: “ole gbe, ole gba” — stolen by one, snatched by another, case settled!  What fitting cynicism!

The Bayelsa drama should teach the judiciary to be much more circumspect while exercising their judicial powers; or they risk becoming the quip by E. M. Forster, in A Passage to India, that soldiers fix one problem but leave hundreds of others crooked.

The voiding of Lyon’s mandate (cruelly on the eve of his swear-in) and Diri’s present uncertainly are not good for the political system.  In those days of military opportunism, such uncertainty could have made a difference between the collapse and survival of governments.  But the long, long night of military rule returned one unanimous verdict: the people, long-suffering Nigerians, are the victims.

Yes, Nigerian politicians appear wayward and reckless, in pursing their goals.  Add to that the terrible breed of selfish, cynical and opportunistic lawyers, and what you have is nothing to crow about.  Now, what happens if we add a band of legalistic judges, deaf, dumb and blind to the social chaos of their narrow technical verdicts?  You just might be baiting needless catastrophe!

Let the people decide who rule over them.  If the courts must come in, let them do so to reinforce justice, not to hoist cras technicality, most times so cynical (as in the Lyon’s matter) that reasonable members of the society begin to think the law is another empty racket.

It’s such feeling that would mock Diri’s present bind, however it is eventually resolved.  But again, poor Bayelsans are the ultimate victims.  They, as other Nigerians, deserve much better.

Hardball

RIPPLES from the Nigerian Bar Association (NBA) election, of 30 July 2020, suggest it was a vicious junior revolt.  Olumide Akpata, a non-silk, though senior partner at Templars Law firm, bested two silks, otherwise known as senior advocates of Nigeria (SANs).

As Akpata, with 9, 891 votes, tanned the two SANs, Babajide Ajibade (4, 328) and Dele Adesina (3, 982), a victory whoop, from the electronic election theatre, appeared the celebrated humbling, of two SAN Goliaths, by a mere legal David, beloved of the furious, bristling rank-and-file; in a profession where mere seniority, talk less of attaining the silk, is akin to Bar aristocracy.

Not a few even suggest the legal hoi polloi were riled to electoral rebellion by a pre-poll statement, by respected silk, Adegboyega Awomolo, SAN, who perhaps without meaning to do so, gave a iron-clad division of the Bar: into legal royals (the SANs) and the Biblical hewers of wood and drawers of water — well metaphorically speaking!  Yet, the hoi polloi had the sweeping majority of the vote!

The legal silk was perhaps right, given that the legal profession is driven by seniority — and rightly so, since wisdom comes with age.  But somehow, that fell on the raw side of the majority.

No sooner than the Akpata win came through, therefore, than stories of seniors taking cynical advantage of the legal juniors, allegedly paying them “slave” wages.

These wages, many claim, are at times as low as N10, 000 a month — N20, 000 lower than the approved national minimum wage!  Yet, you need quite some cash to train in Law, culminating in the Nigerian Law School!  Some even claim Akpata won because he paid his Templars juniors relatively well.

Still, the juniors’ revolt is only one of the many sound bites from the NBA election.  Lobbies within the defeated camp claim that had Ajibade and Adesina stepped down for each other, the Akpata challenge could have produced a better result, even if the pair’s combined votes of 8, 310, are still some 1, 581 short of the Akpata haul.

Besides, that loss appears prompting a threat to pull out of the NBA, to form a parallel national lawyers’ professional body.  Though that push comes mainly from South West lawyers, under the umbrella of the Egbe Amofin, it appears getting traction from other groups outside that bloc, particularly those who alleged the NBA e-voting process was manipulated, just as it allegedly was two years ago, with the case still in court.

From the juniors’ revolts to alleged big questions on the NBA electoral process, it’s not the best of times for the professional body of lawyers.  The question remains: where does NBA go from here?

That is why NBA must do hard thinking and punishing introspection.  You cannot come to the national scene to bleat about human and inalienable rights, while you cynically exploit your own juniors, just because you can.

Besides, it sounds hollow to storm the courts to argue cases in rigged elections, when your own professional body’s election can’t scale that test.

So, let the NBA remove the log in own eye, before going after the beam in society’s.

Hardball

He faced accountability to the law in two jurisdictions and got serially convicted for his recent breach of Covid-19 preventive protocols. Hip-hop artiste Azeez Fashola, popularly known as Naira Marley, pleaded guilty to all charges brought by the authorities against him and got slammed with fines.

An Abuja mobile court, last Friday, convicted and fined the controversial artiste N200,000 for staging a concert June 13 at the Jabi Lake Mall in the Federal Capital Territory (FCT) amidst nationwide Covid-19 lockdown. Charged before the Abuja court with four counts of violating inter-state travel ban, not using a facemask, breaking the social-distancing rule and attending a concert breaching existing order restricting social gathering, he was convicted and fined N50,000 on each charge.

Marley had travelled from Lagos for that concert. Hence, he was a day earlier arraigned by the Police alongside his manager before a Lagos State Special Offences (Mobile) Court on a one-count charge of breaching cessation of movement and inter-state travel ordered by President Muhammadu Buhari under applicable laws. Both accused persons pleaded guilty as charged and were fined N100,000 each by the magistrate.

All in all, Marley who has a large following, especially among youths, is losing N300,000 to the state for his indiscretion and hazardous role modelling regarding the Covid-19 pandemic. Considering his apparent net worth, that cost must be irritantly insignificant. Following the Abuja proceedings, though, Chief State Counsel Udeme Umana said: “The court also mandated him to publish a public apology to the Federal Government in a national daily of choice. This will serve as a deterrent to other Nigerians.”

Those verdicts’ deterrence impact on Marley and his potential emulators awaits to be seen. The artiste, who is no stranger to controversies, had been indicted when he showed up at a house party actress Funke Akindele organised in Lagos in honour of her spouse, Abdulrasheed Bello (JJC Skillz) last April. The charges at that time were withdrawn by Lagos government on condition that he and co-accused persons tender apology to the President and Lagos Governor Babajide Sanwo-Olu. Marley did tender the apology, even promising to make a coronavirus sensitisation video in collaboration with Lagos government. But the June 13 misadventure yet happened.

However, the young artiste was at least held to account for his misdeeds. His supporters have argued that not so political leaders who have been seen to violate, or abet violation of Covid-19 rules. They pointed at ongoing rallies in Edo State and recent burials of political frontliners where personages led crowds in ignoring prescribed protocols and were not scantly called to account. “You guys only clamp down on youths when they break the rules,” a Marley fan @edwardbode tweeted. Failure of leadership by example!

Hardball

There are often sacred grounds in politics. Especially in Nigeria. In political campaigns, the candidate is not allowed to campaign in houses of worship. There are no laws. It is out of respect for God.

But Nigeria does not like boundaries. We like to breach, to test the borders and see if we can, somehow, reap the rewards of daring. We have in recent years seen some candidates go to worship grounds and have been accused of dropping mouth-watering offerings. The overseers and heads of the centres often bless the august visitors for their glad and fruitful hands.

But there are a few places that balk such presences. One of such is the palace of the Oba of Benin, one of the most revered thrones in the country. We know that in most of the palaces, mortals do not walk in with their shoes. So even if we have the best-financed footwear in the world, even the sort that our own vainglorious Hushpuppi dazzled the world with on social media, you will have to calm down and let the shoe wait outside. You can return to your showy life after you depart his royal presence.

Well, in the heat of the Edo governorship elections, something else happened. The Governor of the state, Godwin Obaseki received a punch from his predecessor and fellow slugger on the ring, Adams Oshiomhole. Adams charged that His Excellency did not take off his hat in the presence of the His Royal Highness.

“You call yourself a Bini man, yet you came to Bini palace wearing a cap in company of other PDP governors,” said Oshiomhole of Obaseki who hails from Oredo Council in Benin City.

In the tradition, no one, no matter how highly placed, should cover their head before the king. It is a royal act of disloyalty, and even abomination. Adams was insistent that the governor did not seem to show that he understood tradition. It was a way of saying the man did not understand the tradition of the people to whom he belonged.

Up to the time of this writing, Hardball has not seen any rebuttal either from the usual reflex of response from Obaseki’s spokesmen or from the grand throne of the royal. It was, it seems, a matter too sacred for Governor Obaseki to tread into again. He does not want to stumble twice.

Or else he would be launching an onslaught on the royal palace. After all, his men  unleashed guns and shot them outside the palace when there was a fight between his men and those of his APC counterpart Pastor Osagie Ize-Iyamu, although some accounts say it was just the people who had come to witness a ceremony at the palace who booed their displeasure with their chief executive and not necessarily organised by his pastor opponent.

Obaseki should know better than trying to pit the Excellency against the Royalty, the siren against the crown. Excellency is temporal, the crown is spiritual; votes come and go, royals are forever. No wonder, in this matter, it is all quiet on the governor’s front. He should also know where the cap fits.

Hardball

Caveat emptor: This piece is without prejudice to Ondo Deputy Governor Agboola Ajayi’s legitimate right to aspire to any position; and to push that dream.

It is rather to show how trust and conviction (or lack of both) help (or ruin) those democratic aspirations.  Either way, a right is a right; and no one can stand in judgment over how individuals exercise own rights; for they swim or sink by the consequences of their actions.

It’s no more a secret how Mr. Ajayi defected to the People’s Democratic Party (PDP), from the Rotimi Akeredolu governorship, but has held on to his deputy governor post, even if symbolic, for it’s a moot point if he still performs the functions of that office, given how things have turned out.  So, it’s case of de jure, yes; but de facto, not so sure.

What is not so clear is how Ajayi’s current odyssey would pan out; and what would remain of his political persona, after the current election-time excitement.

After losing the PDP ticket, for the Ondo governorship poll, to Eyitayo Jegede, SAN, there are reported pressures, from the national wing of the PDP, for Mr. Jegede to pick Ajayi as running mate.  Reports claim some hesitation, if not outright refusal, on Jegede’s part — and for good reasons, you’d say.

If Ajayi could walk out of his joint All Progressives Congress (APC) ticket with Aketi, what is the guarantee that won’t happen again with Jegede, should the duo have some disagreement, as common in politics?

That is a hard question.  But it’s also a very legitimate one that even Ajayi himself can’t, in all good conscience, grudge anyone for asking.  It’s the little question of trust, which nevertheless snowballs into a key mustard, without which no relationship can thrive.

How Ajayi navigates that harsh trust alley, to land Jegede’s nod as running mate, if he really craves it, would manifest soon enough.

But even more interesting is the speculation that Ajayi, after losing the PDP ticket, might be heading for Olusegun Mimiko’s Zenith Labour Party (ZLP).  If true, that would be very exciting, for it throws up the double-whammy of trust and conviction.

Chinua Achebe quipped, in his famous novels, the Igbo saying that if you flee for donkey years from an ailment, but you still died of it, then you had lost your care.

Ajayi bolted from PDP because Mimiko, then the Labour Party Ondo governor, defected to PDP and annexed the party’s structure, from old members like Ajayi.  Well, Mimiko didn’t quite thrive with PDP, so he floated ZLP as back-up, for opportunistic politicking.  Well, better opportunistic politicking than total irrelevance!

If Ajayi first dumps APC, and then PDP for ZLP, in a spate of less than two months, where then is his sense of partisan party conviction, beyond floating like a nectar-seeking butterfly, in search of platforms, to land political office?

Besides, if LP’s-Mimiko-come-to-swallow-PDP was a woeful idea, how is Ajayi opting to be swallowed by Mimiko’s ZLP a wonderful one?  Perhaps, as Heracltus, the Greek philosopher famously declared: you can’t step in the same river twice!

Nigerian politics might be continuously changing, as the Heraclitus matter is in a perpetual state of flux.  Even then, trust and conviction are constant, just as Parminedes, another Greek philosopher, held that nature was static.

But how Ajayi navigates his present bind, with nary trust or conviction, should be of interest to political scholars, even with the notorious flux of Nigerian politics!

Hardball

We all know that story from the holy books about how Jewish patriarch Esau swapped his elderly birthright with his sibling Jacob for a bowl of lentil stew. Esau, in desperation to satisfy primitive craving of his appetite and visual longing for the red tantalizing pottage prepared by his brother Jacob, tossed off his birthright in exchange, saying what was its use when he was about dying of hunger. In reality, though, he was nowhere near literally dying but only pressured by visceral lust. The Christian holy book, in the New Testament, castigated him as profane for trading off his birthright for “one morsel of meat.”

There’s some element of the Esau syndrome in Nigeria’s loan deals with China that lawmakers in the House of Representatives recently brought to light. This country is signing off parts of its sovereignty to China, just so to secure loans for projects being executed by government. House of Reps Committee on Treaties, Protocols and Agreements raised the alarm last week when Transportation Minister Rotimi Amaechi appeared before it for briefing on $500million Chinese loan being processed for ongoing railway projects.

Chairman of the Reps panel, Nicholas Ossai, took issue with government MDAs signing deals with other nations in Nigeria’s name without the National Assembly that ought to oversee such agreements being privy. Worse is that some of the pacts are waiving Nigeria’s sovereignty. Ossai cited Article 8(1) of the $400million Galaxy Backbone loan deal between Nigeria and the Export-Import Bank of China signed in 2018 that provides: “The Borrower hereby irrevocably waives any immunity on the grounds of sovereign or otherwise for itself or its property in connection with any arbitration proceeding pursuant to Article 8(5), thereof with the enforcement of any arbitral award pursuant thereto, except for military assets and diplomatic assets.” Federal Finance Ministry signed on Nigeria’s behalf as ‘Borrower’ and Export-Import Bank of China, ‘Lender.’

Amaechi, in making a pitch for the $500million loan sought for rail projects, said the legislature’s probe was unhelpful because China is sensitive and monitoring happenings in Nigeria. He argued that frequent legislative interrogation might give the impression that a part of government did not approve of the loan, and that could make China withdraw it; adding that the House panel should consider national interest in carrying out its oversight function.

But what is national interest: waiving Nigeria’s future sovereignty to another country in the name of agreeable loan terms for the now? That is far too momentary a benefit for posterity as regards our country. Lawmakers should intensify their oversight vetting, so Nigeria’s sovereignty in the future is not mortgaged to present desires. Hardball says we do not need Esau’s pottage!