Category: Editorial

Telecoms and other digital operators were over the last few weeks hamstrung from delivering services to their clients because the portal of the National Identity Management Commission (NIMC) designated to verify respective National Identification Number (NIN) was inoperative. The affected NIMC portal enables telecom firms, the Nigerian Immigration Service (NIS), banks and other agencies to verify the NIN of their customers before attending to them, in line with government directive. The downtime on the portal, which began penultimate week, persisted until last Saturday and left many Nigerians stranded. Telcos reportedly lost millions of naira on their hampered operations.

Owing to the NIMC portal downtime, telecoms subscribers nationwide seeking to retrieve or swap their Subscriber Identity Module (SIM) cards or acquire new lines were unable to do so. Passport application processing by the NIS was stalled in some passport offices because the NIN of applicants could not be verified, with Immigration officials reported saying data capturing appointments had to be rebooked. Similarly, banks were unable to open new accounts for customers who had NIN as their only means of identification. Reports said the technical challenge made it nearly impossible for telecom firms to sell new SIM cards or retrieve lost lines, because following government directive making the NIN a mandatory requirement for registration of all SIMs, the operators have had to synchronise their SIM registration portals with the NIMC portal in order to verify subscriber details. The downtime on NIMC portal brought SIM-related services to near-halt as the major operators – MTN, Glo, Airtel and 9mobile – had to suspend SIM replacement/acquisition by subscribers. Responding to complaints from some telecoms users, MTN Nigeria said in a statement: “We are sorry we currently cannot process SIM swap and update requests due to external challenges. We appreciate your understanding and will post an update once this has been resolved.”

In its own public statement late last weekend, NIMC linked the portal downtime to maintenance work by one of its network service providers. Subsequent reports cited ICT network provider to government establishments, Galaxy Backbone, owning up that the breakdown of its central server warranted the temporary outage by its clients, including NIMC, and assuring that efforts were under way to fix the glitch. NIMC itself reiterated that agencies had no excuse not to continue with NIN verification in their services to the public because its tokenisation platform (vNIN) had been deployed as an alternative. Operators were, however, reported to be foot-dragging on the alternative platform because it was fraught with technical challenges, including the issue of know-how about its usage, to which they were not eager to commit resources since the switch would only be temporary – i.e. until the server glitch is resolved.

Government had late in 2020 directed all telecoms operators to block phone lines on their networks not linked to subscribers’ NIN. The deadline initially stipulated was extremely short (December 30, 2020). But, faced with mammoth turnout by subscribers seeking registration for the NIN at NIMC centres and public outcry, the deadline has since then been periodically extended, with the latest date fixed for the end of March 2022. Meanwhile, the NIN requirement has been broadened beyond telecoms lines to become mandatory for obtaining travel passport and driver’s licence, as well as registration for school certificate and university matriculation exams, among other sundry services.

It is doubtful that the whole objective of mandatory NIN registration, namely to tighten national security by linking individuals’ operations to their NIN profile, is anywhere near being achieved. Kidnappers, for instance, have been managing to sidestep the SIM-NIN linkage to make ransom demands on their victims. Yet the mandate on Nigerians to get the identification number and synchronise with all services they subscribe to has been a nightmare because of frustrations being encountered along the way.

NIMC is a parastatal under the Ministry of Communication and Digital Economy but apparently isn’t up to the demands of digitalisation, given the fitfulness of its operations. Many Nigerians are yet to secure the NIN because NIMC’s processes have been problematic, and the agency isn’t accessible to the public as nearly all its advertised customer interface lines are dummies. For a digital agency, NIMC’s wonky workings are antediluvian.

Ordinarily, what Nigeria spent on the 2018 World Cup and, indeed, any sporting event, should be posted on the websites of the relevant ministries and parastatals for the world to see. It should not be something hidden under the table that those in need of should sweat to obtain. Unfortunately, ours is a clime where virtually everything under the sun is treated as official secret. But such secretive running of public affairs is inimical to democracy which preaches transparency and accountability as its core tenets. It was in a bid to give fillip to openness in public administration that the Freedom of Information (FOI) Act 2011 was enacted.

As its name implies, the act empowers any Nigerian who thirsts for information on how public affairs is run to approach the relevant government agency for the information, and this must be obliged except in cases where such might affect national security. Regrettably, many public officials in the country still behave as if the law does not exist, or as if it was enacted for the fun of it. Mercifully, the courts seem to be ready to turn the tide, to make public officials know they must release such information of public interest.

It is in this light that we commend a Federal High Court in Abuja for its judgment in favour of the journalist who had been denied the information concerning what the country’s participation in the 2018 World Cup cost the taxpayer. The Abuja-based journalist, Ms Godsgift Onyedinefu, had approached the Federal Ministry of Finance and that of youth and sports development for the information but they did not make it available to her.

Not satisfied with the cold response by the ministries, Onyedinefu, armed with the FOI Act, then approached the court. She slammed two separate suits against the ministries.

The Media Communication Officer of Media Rights Agenda (MRA), Idowu Adewale, puts the suits in perspective: “In the first suit filed on her behalf on July 26, 2019 by Lagos-based lawyer and member of Media Rights Agenda’s Network of FOI Lawyers, Mr. Charles Musa, the journalist named as defendants the Federal Ministry of Youth and Sports Development, the Minister of Youth and Sports Development and the Attorney-General of the Federation, while in the second suit, filed on the same day, she named as defendants the Federal Ministry of Finance, the Minister of Finance and the Attorney-General of the Federation.”

Ms Onyedinefu wanted the court to direct the ministries and their ministers to make available to her within seven days of the court’s judgment, the information she requested from them pursuant to the FOI Act, and whether the expenditure was provided for in the 2018 Appropriation Act of the Federal Government, among other things.

It is gladdening that Justice Donatus Uwaezuoke Okorowo who heard the matter delivered judgment in the journalist’s favour. For starters, the judge said the refusal of the ministries to make available to  Onyedinefu the cost of the country’s participation in the world fiesta amounted to an unlawful violation of her right of access to information in breach of Section 7 (4) of the Freedom of Information (FOI) Act, 2011. He asked the ministries to do what they ought to have done without prompting forthwith, that is make available to her all the information she applied for via her letter of June 3, 2019 on the matter within seven days from the date of judgment. That is not all; the court also asked the ministries to pay N1million each as exemplary and aggravated damages to the journalist for unlawfully withholding the information. Her only unanswered prayer was the inclusion of the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), in the suit as a defendant. The judge said Malami’s power to initiate criminal proceedings by virtue of Section 174 of the Constitution is not questionable or subject to any control.

The damages awarded Ms Onyedinefu may look small, but the symbolism matters. This judgment, alongside the one given by the Court of Appeal  on March 27, 2018, that states have no powers to reject requests filed under the FOI Act is a victory for democracy, rule of law and freedom of information.

We commend the journalist for her courageous decision to take the matter to court. We also commend the MRA for its support to media rights and development in the country, in line with its appellation. Of course we cannot fail to mention the progressive judgment of Justice Okorowo, which no doubt should further strengthen the application of the FOI Act and serve as reminder to other public officials with the penchant to want to hide from the public what they should know as of right that there is no place for such secrecy in a democracy.

This case is particularly galling because the Minister of Youth and Sports Development, Sunday Dare, is a journalist who should have known better and probably averted the matter going to court. What is secretive in the amount the country spent on a fiesta like the World Cup? This concerns public expenditure which Nigerians have the right to know.

It is matters like this that put governments in avoidable judgment debts that in our case run into billions of naira cumulatively because of the culture of impunity on the part of many public servants. These are monies that should be spent on provision of infrastructure and other developmental projects.

From all indications, the premiums paid for obtaining Third Party insurance by vehicle owners is set to be increased further by the relevant authorities. Going by feelers from the insurance industry, the premiums paid by private vehicle users may be raised from the prevailing N5,000 to N7,500 by the end of the first quarter of this year. The amount to be  paid by commercial vehicle drivers, who now pay  N7,500, is however yet to be ascertained.

One of the reasons for the bid to raise the premium is what industry watchers describe as the increased inflationary spirals and the attendant increase in the cost of vehicle parts and repairs. This steep increase in the cost of asset replacement and repairs is making many insurance firms to operate at a loss when major claims come from any class of motor insurance.

In 2014, the insurance industry regulator, the National Insurance Commission (NAICOM) approved the raising of insurance premiums for Third Party claims from N1,000 to N5,000, which was then a 400% increase. Since then, not only has inflation rate increased from 15% in 2014 to over 15.63% as at December 2021, the import of vehicles and spare parts is more expensive due to the further weakening of our national currency. Matters have been worsened by the unanticipated coronavirus pandemic, which had negative implications for the automotive industry supply chain, leading to further escalation in vehicle replacement, repairs and maintenance.

However, the challenge facing the insurance companies with regards to vehicle insurance premiums goes far beyond simply hiking the premium of Third Party or other types of insurance premiums. The Federal Road Safety Corps (FRSC) Act stipulates that every automobile plying our highways must have at least a Third Party Motor Insurance Policy. Going by the estimates of the Nigerian Insurance Association (NIA), only approximately three million out of the 13 million vehicles on Nigerian roads have insurance cover; over 77% are uninsured.

Of those motor vehicles which should be covered by the Third Party insurance or other policies, a sizeable number are believed to parade fake or forged documents. This is likely to increase when premiums are increased. But, this in itself is an  indictment of the law enforcement agencies such as the FRSC, Vehicle Inspection Officers (VIO) and the traffic unit of the Nigerian Police Force which are meant to ensure that, as much as possible, all automobiles carry the minimum standard of insurance as stipulated by law.

Third Party motor insurance provides the policy holder with the necessary protection in case of liabilities incurred in the event of accidents with a third party’s vehicles. The policy holder is covered to the sum of N1 million in incidents of damages to another party’s property while the policy holder also has unlimited cover in case of death or injury to a third party.

We are of the view that even if insurance premiums are significantly reviewed downwards today, this will not stop those who are so inclined from seeking to procure false documents. But the higher the possibility of their being apprehended for violating the traffic regulations, the less likely large number of motorists will desire to patronise peddlers of fake policies.

All too often in our urban centres, the various traffic control and law enforcement agencies can be seen waving down vehicles arbitrarily to check the particulars of the owners or find out if such vehicles have the requisite papers permitting them to be on the road. Unfortunately, the general perception is that such law enforcement agents are only out to squeeze money illegally out of erring motorists than they are in bringing the latter before the law. This may be true, though, to some extent. Perhaps one way to enhance the efficacy of law enforcement officers in this regard is to increasingly use technology in detecting motorists who violate the law, including those who procure fake documents or do not even have the requisite documents in the first place. Insurance industry watchers indicate that the incidents of fake insurance policies paraded by some motorists have been substantially reduced in the aftermath of the introduction of the Nigerian Insurance Industry Database (NIID). The NIID is said to capture an estimated 4.3 million of the 16-17 million vehicles that ply Nigerian roads.

The more the human element is reduced in detecting, apprehending and making violating motorists to face the law, the less will be the individual law officer’s latitude to exercise arbitrariness and impunity in the name of enforcing the law.

Moreover, the insurance companies have a responsibility to sensitise the public on the numerous advantages of obtaining insurance cover for their vehicles. Most motorists are unaware of these.

Bibliophiles would love the news from the National Librarian, Prof. Chinwe Anunobi: the Federal Government would build 12 National Library prototypes in 12 states!

As it is now, four states – Anambra, Delta, Kebbi and Zamfara – lack any National Library presence because, said the National Librarian, they had not indicated interest.  The remaining 32 and the FCT of Abuja have branches, even if many of them occupy temporary offices.

She, however, did not list the 12 states where the prototypes were headed, aside from Ilorin in Kwara State where, at a brief ceremony, she kicked off the construction of one of those prototypes; and lauded the Kwara State government for, quoting The Punch, ”providing land for construction of the National Library with minimal cost.”

If donation of land is what it takes to spread these facilities to all the 36 states, then the four states with no National Library branches — two in the North and two in the South — should hurry and do the needful.  Expanded access to libraries and allied facilities is a crucial developmental imperative, especially in a milieu that lugs a poor reading culture as our country.

At Ilorin, Prof. Anunobi hit the nail right on the head: “I want to emphasise that this is an issue of value system.  We cannot only blame the youth.  We also must blame the parents and the society,” she declared, “because if the society changes its habit: focusing value on knowledge which is hidden in written documents, either in paper or electronic form, the youth will move along that line.”

Indeed; and mainstreaming libraries and expanding access to them, by the federal, states and even the local governments, would nudge the youths closer to the hidden treasures in books.  Still, the phrase “either in paper or electronic forms” underscores how the modern book — and the library that warehouses it — has evolved.

These days, books come in all forms: the traditional visual documents as well as audio books.  The traditional library, with its physical stacks (of books and periodicals), has also morphed into an e-format in which, with the punch of a computer keyboard, the pleasure reader or hard-boiled researcher could have assess to multiple e-libraries all over the world, so long as the host library subscribes to the enabling protocols.  That is aside from the free-wheeling World Wide Web that spots a slew of free e-books, especially some classics, which have become royal literatures of global culture.

That is why the National Library prototypes must follow these latest evolutions in books and libraries for the scheme to have the desired and desirable impact.  For any modern library, digitalisation is crucial.  The era of stand-alone libraries is gone.  Now is the era of multiple libraries wired together for the reading and research pleasures of the readers.

Besides, the theory of fun or play-learning is getting replicated, even in this e-age.  The younger elements appear more attracted to electronic platforms — android phones, computers, iPads: and the slew of interactive softwares like Twitter, Facebook, Tik-Tok, etc — in any case, much more than the older generation.

Not a few have decried the near-addiction of youths to e-fares, particularly in crime and pornography.  Still, many youths too (as some studies have shown) have navigated their love for e-contents to rediscover their innate love for reading, so much so that they now gorge on tomes of physical books.  But even if some of these youths stay with e-books that widen their knowledge and positively alter their outlook, the society would still be a winner.

That again underscores why the new set of national libraries must be designed to follow the latest scholarship and pleasure-reading trends.  But after getting the design right, evangelising for more readers should be perennial.

On this score, Prof. Anunobi was again right on the money when she declared at the Ilorin event: “The only way we can do it is to sensitise schools, the public and the hinterland — the hard-to-reach to read.  That is what the National Library is doing.”

That is an excellent path that all tiers of government should commit to.  Beyond sucking the youth into national development by boosting the Nigerian reading culture, books and reading assume the role of a national therapy, as the citizens grow older.

For the aged, a rich and vibrant reading habit fends off dementia, caused by the progressive decay of the mind, due to its very low exertions, which constant reading can avert.  So, sound investment in libraries may not only boost the reading culture, it might also add the boon of boosting overall national wellness.

Some of the highlights of the proposed changes to the 1999 constitution are coming to light in parts. Citizens are also responding to these essentially crucial steps to renew our democracy and our esteem of the rule of law.

Whatever the document that emerges at the end may not be perfect. We expect however to move notches higher from the query of today. Two important highlights include the separation of the attorney general of the federation from the minister of justice. The second is the cutting away of the chief justice of the federation from being chairman of two institutions: The Federal Judicial Service Commission and the National Judicial Institute.

The two steps are salutary if only as paces away from the rut of today. On the issue of the attorney general of the federation, this newspaper and sentient minds have argued against the wedding of both positions because of the fallacious presumption that an attorney general of the federation will automatically follow the path of justice. We are glad this nuance is appreciated. But we still hold that the position of attorney general should be pried from the control of the political elite, especially that of the president. He should not be appointed by the legislature either. We suggest that the onus of appointing that position should belong to a reconstituted National Judicial Commission that will comprise men of wise and detached disposition.

The removal of the chief justice as head of the FJSC and NJI are commendable, but only a start. The FJSC nominates federal judicial appointments while the NJI trains judicial officers. These are important but not as crucial as those who constitute the NJC. Reports have it that the new amendments suggest that the Nigerian Bar Association will now have its members increased from five to 10, and rather than play the aloof force in the disciplinary process of its members, it can now participate, which is fair. It has a voice, but not an overwhelming presence that would allow it perform a partial role to its members.

Today, the NJC membership is flawed because it violates a fundamental creed of law: that no one can be a judge in their own cause. The NJC now parades members who are in active service, and that means that such personages will have to preside and make judgments in matters that pertain to the activities and careers of persons sitting in the commission. A majority of its members are on the bench, and they are supposed to regulate and sanction activities on the bench. It is a paradoxical nightmare.

Some of the positions include the chief justice, the next most senior justice of the Supreme Court, the president of the Court of Appeal, the chief judge of the Federal High Court, the President of the National Industrial Court of Nigeria, One Grand Qadi, one president of the customary court of appeal. These positions constitute the majority on the commission, and it tends to stifle the ability of the group to restrain and punish fellow members.

We have, in the past decade, witnessed contentious issues that concern members of the commission. The NJC was in an awkward position to take stands. We can recall the situation of a former chief Justice Walter Onnoghen and Justice Ayo Salami who was president of the court of appeal.

There are dangers we have seen. One, the fact that many of them are serving officers of the law subjects them to the power of one man or woman: the chief justice of the federation. This also means that they are judicial officers of the state and therefore can shrink with awe for the political elite who can manipulate them. Political influences are malignant in a democracy. Justice can therefore quiver in the face of terrors from the executive branch.

When the Directorate of State Security raided the homes of judicial officers a few years ago, which is anathema to the law, the NJC did little to challenge that autocratic hour. Most of these persons in the NJC are career men and women and conscious of their bread-and-butter challenges.

The inclusion of NBA members, who are not subject to a bullying executive, could help its independence. Even as the law stands today the retired judges are selected by the chief justice. This makes them beholden to their appointee.

Clearly the power of the CJN in the judicial branch is akin to the president in the executive branch. If the presidential system tolerates such a power, it is because it envisages a check from the legislature. fewer such checks exist for the CJN whose office is often the arbitrating arm of the three branches of government. In fact, the arbiter is potentially arbitrary.

Where we have a serving CJN we should have retired chief justice as the head, and all the other positions, including the president of the Federal Court of Appeal, should go to a retired person from that bench. Same should apply to all other positions of career judges.

The appointer should be a committee of retired judicial officers and lawyers.

This makes the dispensation of justice, while not infallible, as sacrosanct as we can make it. It is then that the NJC can pick an attorney general, while the president can pick his minister of justice to deal with routine matters of policy and administration.

The judiciary is long overdue for a fundamental overhaul and we have to think out of box to fix a system where, for instance, many think that money rather than law guarantees justice.