Category: Law

  • Bauchi passes private partnership law

    Bauchi State has passed the Private Partnership Participation (PPP) law to boost investment.

    It has also reformed land acquisition processes so that investors can acquire land easily, Governor Mohammed Abubakar has said.

    He spoke when he received the International Economic Cooperation Committee of the Chinese Government.

    Abubakar reminded the delegation of the long standing relationship between China and Nigeria, describing the relationship as fruitful.

    A statement by the governor’s Special Assistant on Communications, Mr. Shamsuddeen Abubakar, quoted Abubakar as saying: “My administration is ready to facilitate the ease of doing business with the Chinese, especially the China-Africa International Economic Cooperation Committee.”

    The leader of the delegation in Nigeria, Captain Muhammad Joji, said they were willing to invest up to N30 billion in Nigeria alone.

    He said his team was happy to see improvements in infrastructure in the state, especially roads.

     

     

  • Appeal Court verdict on Nganjiwa self-serving, tragic, says Sagay

    Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) has described the Court of Appeal judgment striking out the charge against Justice Hyeladzira Nganjiwa as a “tragedy”.

    He said judges do not have immunity from prosecution for corruption.

    Sagay described the judgment as “a negative step”, adding that it was self-serving and not backed by the Constitution or any law.

    He disagreed with the Court of Appeal’s position that NJC must first discipline a judge before anti-graft agencies can step in.

    “That is purely self-interest, self-protection. There’s nowhere in the Constitution where that is stated.

    “Yes, there is provision for disciplinary measures by NJC over judges, but there’s nowhere in the Constitution that judges are given immunity from interrogation, arrest and prosecution.

    “Only the President, Governors, the Vice President and Deputy Governors are given immunity.

    “This is a creative judgment. In other words, the judges are making law, although they have no power to do that – taking over the power of the legislature in order to protect themselves from the consequences of their own misconduct. That’s what has happened. Judges are now a special breed of Nigerians.

    ““If you have a civil servant who can be interdicted in the civil service, is there any law that says he cannot be prosecuted? There’s no difference between a judge and a civil servant in this regard. They have their own internal cleansing system.

    “The NJC and the civil service have in-house provisions for dealing with their members. That does not affect the overall authority of the state. It’s contained both in the Constitution and in our criminal law.

    “So, what they have done is not in the law. It is a new law made by themselves. It is wrong because they have taken over the duties of the legislature.

    “It’s just to protect themselves from the consequences of misconduct and it’s a tragedy. And it’s an aspect of the underdevelopment of Nigeria and its rule of law process,” Sagay said.

    Sagay said the examples cited by the Court of Appeal about the Presidency setting up a panel to probe members of the executive before the EFCC stepped in, was inapplicable.

    “Those do not apply. The fact that the Presidency decided to set up a panel does not mean that EFCC could not have gone after them, at all. It doesn’t mean that. All the examples they have given are wrong.

    “There’s no example that can suspend the application of the Constitution and our criminal laws. None.

    “There are many occasions in which NJC was reluctant to discipline its men who have committed crimes, who have been corrupt or engaged in misconduct.

    “For instance, in the case of Justice (Adeniyi) Ademola, before he was arrested, he was cleared by the NJC. There are tens of such cases, which NJC turned down petitions in which there were concrete reasons to believe that they (the judges) did something wrong.

    “Are they saying the state should fold its arms and be looking on, because they’re reluctant to do the right thing?

    “I think the judgment is completely against the rule of law and it’s against our whole administration of criminal justice system, because it promotes a group of people above the law. And it’s a negative step,”

  • Activist kicks against electricity tariff hike over pending lawsuit

    A human rights lawyer Toluwani Adebiyi has warned the Federal Government against approving the planned hike in electricity tariff by 65.5 per cent.

    He said a case he filed challenging tariff increment was still pending in court.

    Adebiyi sued the Nigerian Electricity Regulatory Commission (NERC) and others at the Federal High Court in Lagos over unfair trade practices in the electricity sector.

    Among others, he urged the court to restrain the Federal Government from increasing tariff.

    Justice Mohammed Idris, on July 13 last year, ruled in the applicant’s favour.

    Five separate appeals were filed by the defendants; one was dismissed, while the Court of Appeal ordered that the case be re-heard at the lower court.

    Adebiyi appealed to the Supreme Court on the basis that the Court of Appeal could not refer the matter for re-hearing without giving order to reverse an initial tariff increase which he said was done through self-help and against a subsisting court order.

    According to him, since the case was still pending, any further tarrif increase would be contemptuous.

    It was reported last October 14 that electricity tariff may be increased by 61.5 per cent, following NERC’s revelation on October 13 that it was awaiting the Federal Government’s final approval.

    “It has been incessant tariff increment without commensurate improvement. Tariff increment must be balanced with adequate supply; anything otherwise is not justified. You cannot continue to exploit Nigerians. Enough is enough.

    “Discos cannot increase tariff and there is no justification for doing so when the matter that touches so much on tariff increment is still pending in court.

    “It will be a rude disrespect to our rule of law to talk of increment, not until the matter is finally decided by the Supreme Court or reheard by the Federal High Court. Whichever way, the matter is still in Court,” the lawyer said.

    Adebiyi urged Nigerians to resist the plan to further hike electricity tariff by 61.5 per cent, saying it should not be allowed when millions were dealing with the effects of biting recession.

    He said the minimum wage has suffered further devaluation due to inflation even as millions of Nigerians are still without prepaid meters four years after privatisation.

    The lawyer said tariff cannot be increased when electricity supply across the nation remains epileptic, with several companies daily relocating to Ghana due to their inability to operate endlessly on diesel.

    “Discos cannot increase tariff with the existence of systematic and deliberate estimated billings fraudulently put in place for self-seeking exploitation of consumers.

    “They cannot increase with the glaring unrepentant pursuit of self-seeking profit-making by the private investors who are not investing, with no significant improvement in sight and with no value for the exorbitant billings,” Adebiyi said.

     

  • Journey to slavery

    Journey to slavery

    Despite the odds, including deaths in the desert, Nigerians continue to flock abroad in search of ‘green pastures’. They try to go by rickety boats or as stowaway. Most times, they never get to their destinations. Many end up being sold off as slaves; some are forced into prostitution and others are fleeced of their money. How can this illicit trade be stopped? ADEBISI ONANUGA asks.

    No fewer than 250 Nigerians are repatriated weekly from Libya with the assistance of the International Organisation for Migration (IOM) and the European Union (EU). Among them are those stranded in the North African country en route Europe in search of ‘greener pasture’.

    Last week, three batches of 144, 257 and 164 were repatriated to Lagos. They were received at the Hajj Camp of the Murtala Muhammed International Airport, Ikeja.

    The Federal Government said it had a record of 2,778 migrants registered in “accessible” detention camps in Libya, to be brought home.

    The Ministry of Foreign Affairs spokesperson, Tiwatope Elias-Fatile, in a statement, said the country’s embassy in Libya had been visiting detention camps to register Nigerians.

    He said those registered were issued Emergency Travel Certificates, adding that the embassy, in collaboration with the IOM, had so far returned 3,000 people.

    About 168 of them are being rehabilitated by the Edo State Government.

     

    How migrants become slaves in Libya

    For some years, Libya has been a hotbed for illegal migrants. It serves as the transit to the Mediterranean, which connects to Europe for illegal migrants seeking the elusive greener pasture. Yearly, migrants embark on the perilous journey across the sea and the desert to escape the economic and/or political uncertainties in their countries of origin.

    According to Missing Migrants, an organisation that tracks deaths on migratory routes, at least 2,985 persons have died trying to cross the Mediterranean from North Africa or the Middle East this year alone. However, this has not stopped people from trying to make the journey into Europe.

    According to the organisation, while the government’s crackdown on trafficking may have resulted in a drastic reduction in boat journeys, it has, however, left many migrants trapped in Libya for a long time, waiting for their turn to travel. The migrants are mostly held in connecting houses or detention centres that the traffickers and smugglers control. They are later sold or handed over to those who will smuggle them into Europe, if they are lucky.

    Often times, while waiting at the detention centres, the traffickers and the smugglers exploit the migrants, especially when they run out of money to pay as a result of which they become their properties.

    Since most smuggling rings are run by local gangs, militias and corrupt security officials in Libya, many victims are trapped in unfamiliar surroundings with captors resorting to violence.

    Smugglers are known to blackmail migrants into doing free labour or selling them to other militias involved in human trafficking. Other times, they hold migrants for ransom and call their families to pay while issuing threats to kill them.

    Female migrants are more in danger of being used as sex slaves, especially if they don’t have anything to pay their captors.

    A recent investigation by Cable News Network (CNN), broadcast 15 days ago, revealed how a 21-year-old Nigerian, Victory, a migrant from Edo State, was repeatedly sold by his smugglers to engage in forced labour for his buyers who brutalised him alongside many others. According to him, he was also held for ransom, while his mother in Nigeria ”went to a couple of villages, borrowing money to save his life.

    Before he ended up in a migrant detention centre, Victory said he had spent more than N1 million trying to cross the sea into Europe.

     

    Why human trafficking thrives

    The inability of most migrants to obtain European visas cause them to fall victims to people who take advantage of their situation with promises of easy passage through Libya and better life in Europe.

    Some observers blame the ugly development on the get-rich quick syndrome that has taken over the youth and parents. According to CNN’s report, a Nigerian migrant sells for as much as $400 (about N145,000) in a Libyan slave market that takes advantage of Africans trying to flee to Europe.

     

    Ordeals of returnees

    Those who made it back to the country looked skinny and exhausted. They all gave a chilling account of how they were promised a better life in Europe, fleeced of their money by their “contact person and guide”, transported to Libya only to land in penury and in jail. Some women among them had babies, some mulatos, whose fathers are not known.

    Recounting his ordeal, one of the returnees said: “I left Nigeria with N500,000. I spent six months in a Libyan jail after the man that took my money ran away.”

    Alex Otoide and Osas Blessing were among the 168 returnees camped in Benin. They said they were persuaded to embark on the trip by a Nigerian named “Charles”. While Otoide paid N500,000 to Charles, Blessing parted with N450,000.

    Otoide said 55 of them travelled from Nigeria to Libya, out which 25 did not make it to Libya as they died of exhaustion in the Sahara Desert.

    Another returnee who refused to give his name said another Nigerian known simply as “Biafra” was responsible for many atrocities committed against Nigerian migrants in Libya.

    The human trafficking kingpin reportedly operated several bank accounts with different names in Nigeria through which he collected money from victims.

    They alleged that Charles kept Nigerians for days without food in his camp in Libya.

    Maryanne Uwadiae (25) was deported from Libya six months ago, after spending four years moving from one prison to another. Within the period, she was held captive by Nigerian and Libyan traffickers, who forced her into prostitution and use of hard drugs.

    At 17, she was impregnated by Mike Onogedion, her boyfriend, who left her and travelled to Libya en route Italy unannounced.

    Two years after in 2013, Maryanne met Kelly, who asked if she was interested in travelling to Italy to work.

    She showed interest and accepted Kelly’s offer, but had no money. Hence, she pleaded with Kelly to help her get the visa to Italy on credit. She promised to refund the money after she secured employment in Italy. Kelly reluctantly accepted the arrangement. He requested that Maryanne should get a travel passport. He pledged he would get Maryanne to Italy and also promised to get her a job. That marked the beginning of her ordeal and nightmare.

    During her four-year stay in Tripoli, she was sold into prostitution four times, during which she “doubled her hustle” and slept with about five men daily to pay back, first, about LYD9,400 (about N2.4 million) to the man to whom she was sold to by Kelly.

    Thereafter, about LYD4,000 (N1,028,300) was paid to an Arab lady who bailed her and some others out of prison only to turn them to prostitutes again before they escaped one night.

    With no money, she said she had no choice than to engage in prostitution to get money. So, while working as commercial sex workers at a connection house, Maryanne and her friends made money. But when they thought their tribulations had ended, she and her fellow adventurers came under regular police and armed robbery attacks in the brothel. They were robbed of the money and other valuables during a night raid by the police. She spent several months in prison before a Nigerian bailed them. He took them to Abu Salim Rubbish, a slum close to the prison. There, they were given rooms where men came to sleep with them after paying the Alhaji

    When she found out it would cost her LYD700 to travel to Italy by boat, Maryanne joined a herd of Mediterranean Sea-bound migrants to Italy.

    Luck, however, ran out on her when the boat she was in, was arrested by the Italian water patrol police. The boat was led back to Libya and the migrants fled to avoid being arrested by the Libyan police.

    Maryanne disclosed that desperate nursing mothers and pregnant women embarked on the dangerous journey regularly because Italian authorities considered pregnancy and infants as part of the conditions to fast-track issuance of legal permits to refugees in Italy.

    Maryanne said it was common a occurrence for migrant-laden boats to be attacked midstream by pirates.

    “They took the engines and watched the vessels capsize with migrants on board,” she said.

    After her failed trip to Italy, Maryanne returned to Garage to continue hustling. But at that time, Libyans had started killing black Africans. According to her, many people were killed during the riot. It was there that she was arrested and taken to the deportation camp.

    “I was deported to Nigeria in May,” she said.

     

    Those behind human trafficking in Nigeria

    Observers are worried that nobody has ever been caught for the offence of trans-border human trafficking.

    Those who were deported from Libya have been mentioning the names of those who took them from the country only to dump or sell them in Libya.

    Alex Otoide and Osas Blessing named one ‘Charles’ as the man who trafficked them out of the country. The man is said to operate several bank accounts with various names in Nigeria through which he collects money from his victims.

    Also, another returnee named one Biafra. Like Charles, Biafra also operates several bank accounts.

    “Who is Charles? Who is Biafra? Who are the burgers and connection men? Are they ghosts?” They are in addition asking that even if these names are aliases, why has it been difficult for those empowered by the law to investigate and arrest those who are engaged in human trafficking? How do we stem the flow of young Nigerians in search of the elusive greener pasture in other countries? For those who were forced into prostitution, the victims of sexual assault and slavery, what option is open to the Federal Government for them to get redress and ensure that the perpetrators do not get away with their crime? What are the options available for victims of human trafficking and slave trade in Libya?

    These and more are some of the questions agitating the minds of observers.

     

    Why Nigerian victims of slavery cannot sue Libya

    Lagos lawyer Femi Falana (SAN) said it would be impossible for victims of slavery and other abuses to sue Libya and get redress.

    This, he said, is because the Federal Government is yet to sign the declaration accepting the African Court on Human and Peoples Rights sitting in Arusha, Tanzania.

    Falana said: “Since the jurisdiction of the ECOWAS Community Court is limited to the West African sub-region, Nigerians whose rights are breached in other African countries would have been able to seek redress in the African Court on Human and Peoples Rights sitting in Arusha, Tanzania. But that is not possible as the Federal Government has refused to make a declaration accepting the jurisdiction of the Court in line with Article 34(6) of the Protocol establishing the African Court which provides that “At the time of the ratification of this Protocol or any time thereafter the state shall make a declaration accepting the competence of the court to receive petitions under Article 5(3) of this Protocol. The Court shall not receive any petition under Article 5(3) involving a state party which has not made such a declaration.”

    He, however, urged the government to demand compensation from the government of Libya for the victims of slavery.

    Falana said: “Having regard to the facts and circumstances of the illegal human trafficking in Libya, the Federal Government should demand payment of monetary damages by the Libyan government to the victims. Although the Libyan government has not been proved to have been involved in the illicit trade, it is liable for failuring to curb the crime against humanity. In the case of Hadijatou Mani Karaou v. The Republic of Niger (2008) AHRLR 182; (2008) CCJLR (Pt 3) 1, the Community Court of the ECOWAS held the State of Niger responsible for failing to protect one of its citizens from enslavement by passively tolerating the practice. The Court awarded damages of CFA 15 million to the Applicant who was found to have been enslaved through a forced marriage. The defendant complied with the judgment and abolished slave trade in Niger Republic.

    “In addition to the demand for payment of compensation to the victims of the illegal slave trade in Libya, the Federal Government ought to take urgent steps to facilitate access to the African Court on Human and Peoples Rights by aggrieved Nigerian citizens and Non Governmental Organisations by depositing the declaration accepting the jurisdiction of the Court pursuant to Aarticle 1 of the African Charter on Human and Peoples Rights which has imposed a duty on the Government of Nigeria to recognize the rights, duties and freedoms enshrined in the Charter and undertake to adopt legislative or other measures to give effect to them,” he added.

     

    Way out of human trafficking

    Lagos Zonal Commander of the National Agency for the Prohibition of Traffic in Persons and other related matters (NAPTIP) Mr Joseph Famakin said the agency was ready to act on the information provided by victims  to bring to book those involved in human trafficking.

    Famakin said the agency has powers to investigate, arrest and prosecute any person who engage in human traffic and related offences. He said the law enacted in 2003, amended in 2005 and further amended in 2015 prescribes to 14 years’ imprisonment for culprits without option of fine.

    He said the zone has 56 cases in court and has recorded 71 convicts in the last two years. Famakin advised victims to provide information in their states and assured that NAPTIP wouls follow up and get justice for them.

    To stem the tide, Famakin urged Nigerians not to leave the fight to NAPTIP but to get involved and discourage people from “leaving the known for the unknown. When people are desperate and because of the get-rich- quick syndrome, they become gullible”.

    He said the agency was embarking on aggressive sensitisation on the antics of human traffickers and why they should resist them.

    The Nigeria Police have advised victims to report to the police and file complaints against the human traffickers who lured them on the trip.

    Force headquarters spokesperson Chief Superintendent of Police (CSP) Jimoh Mashood said if victims named the traffickers, provide description and where they live, among other information, the police would take the matter from there, follow up and ensure justice is done.

     

     

     

  • Some young lawyers lack decorum, ethics of legal practice

    Some young lawyers lack decorum, ethics of legal practice

    Chief Chuks Muoma (SAN) is the legal adviser to Ohan’eze Ndigbo, the pan-Igbo socio-cultural organisation. In this interview with Legal Editor JOHN AUSTIN UNACHUKWU, he speaks on justice sector reforms, the anti-corruption war, the activities of the Indigenous People of Biafra ( IPOB), restructuring and other national issues.

    You have been elected National Legal Adviser of Ohanaeze Ndigbo. How do you feel about this and what are the challenges you see in carrying out this responsibility?

     My election as the National Legal Adviser of Ohanaeze Ndigbo was an accident of fate, because from the suggestion to the actualisation took less than 14 days. I saw it as a call to duty by my people and an expression of confidence in me. I was elected unopposed. As the office implies, I am an adviser in law; executive decisions are made by the President-General and the National Executive Council. It is not easy to mange the Igbo, because of their republican nature. The Igbo  are highly democratic and come to a decision after a long and protracted debate. Every opinion is meticulously considered, before a decision is reached, either through consensus, or voting process. Combining my duty in Ohanaeze Ndigbo and my private legal practice, which has spanned over 46 years has not been an easy task. But for the call of duty to serve my people, I do not envy myself. However, I have no regrets, in serving my people.

    At some point, you were involved in the defence of the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, in the alleged treason case. What really happened in that case and what is the position now?

    I was the lead counsel for Mazi Nnamdi Kanu in the alleged treason trial, until I became the National Legal Adviser of Ohanaeze Ndigbo. It was at that point that mistrust set in and I was quietly edged out of the proceedings. A man/woman has the constitutional right of choice of counsel. The law does not allow or permit a lawyer to impose and perpetuate himself and services on a client. I have no regrets being out of the proceedings in that case, which I see more as a political than a criminal matter. At 77 years and having practised law for more than 46 years, I am still strong enough and ready to take on more responsibilities in selfless services to mankind. A lot of people did not believe that I was defending Nnamdi Kanu,pro bonoAs I have earlier said, I have no regrets.

    It is generally believed that Mazi Kanu has breached almost all his bail conditions for which the Federal Government has indicated intention to rearrest and prosecute him. What is your reaction to this?

    Those bail conditions were deliberately designed to be obeyed more in breach than in compliance. They were impossible bail conditions and unconstitutional, because they breached his constitutional fundamental rights of freedom of association, freedom of movement and freedom of worship. It means that Mazi Kanu, after his release on bail, could not and cannot go to church service(s), where there are more than 10 worshippers, travel in a public transport, including an aircraft, where there are more than 10 passengers, go to the market, walk in the high street, attend his town union and age grade meetings, cannot attend social functions, such as weddings, burials, parties and even nightclubs, where they may be more than 10 people. Who on earth, either in Nigeria, or other democratic countries, has/have been given such bail conditions. The bail conditions given to Kanu can only be obtained in Nazi Germany, Joseph Stalin’s Russia, Saudi Arabia, Egypt, or other fundamental Muslim countries. As a lawyer, I contend that those bail conditions could be given by the Presidency and not a court of Justice.

    As the Legal Adviser to Ohanaeze, what is the relationship between the Ohanaeze and its youth wing?

    The Youth Wing of Ohanaeze, as well as the women wing, are creations of the Imeobi and the Constitution of Ohanaeze. They are not independent bodies. They are under the executive control of the President-General and the National Executive Council of Ohanaeze. The relationship is that of co-operation and not confrontation. The wings are arms of Ohanaeze.

    Why do they speak in divergent tones on serious national issues that concern Ndigbo?

      You have not really presented to me instances of the youth wing speaking in divergent tones. I have already said that the Igbo are republican and democratic by nature. We listen to all shade of opinion, but the mouth piece of the Igbo is the President-General giving expression and effect to the decisions/resolutions of the National Executive Council. There are mechanisms for reining-in unruly horses. The branch cannot be stronger or bigger  than the trunk.

    Operation Python Dance 11 was conducted by the Nigerian Army in the Southeast. What is your reaction to this?

    In my opinion that military exercise was an invasion of Igboland in time of peace and in so-called democratic dispensation. That is why I said Nigeria practises military democracy, like they have in Egypt. Internal policing is the legal responsibility of the Nigeria Police Force and that of the Armed Forces. Sections 214, 215 and 216 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) create and deal with the functions of the Nigeria Police Force. The creation of the armed forces and their functions are contained in Section 217-220 of the said Constitution. The question I often ask is this: If we are not in a military regime, why are the armed forces deployed to usurp the functions of the Police, amongst civilians? This is very reminiscent of Egyptian democracy. How can Egypt be our role model?Do we have more kidnappings in Abia than Abuja-Kaduna road, Lagos, Cross Rivers and Edo states, etc? Does the Southeast have the highest crime rate in Nigeria, such that the Nigeria Police Force cannot handle? Are there more bank robberies, or other armed robberies in the South-East, more than all other political zones? They just called a dog a bad name inorder to kill it. The military has ruined our dear country, Nigeria

    By how, they are checkmating crime and criminals?

    They kill a fly with a sledge hammer and call a dog a bad name, in order to hang it. The Southeast and Southsouth are infested with security operatives, crawling everywhere. The other day, on the so-called expressway between Aba and Port Harcourt, I counted about 15 check-points, in some cases within a few metres apart, in an overall distance of 40 or 57 kilometres, approximately. The army, police civil defense corps, navy and FRCS personnel are on Southeast and South-south roads, simultaneously, all collecting their “tolls”. My opinion is that the Southeast, in particular, is under siege and occupation by Abuja. A journey that normally took two (2) hours now takes four hours within the Southeast /Southsouth zones. The federal roads are disgraceful, and nobody cares.

    What actually does the Igbo want in Nigeria? Separation, restructuring, confederation referendum or what?

    The Igbos demand equal citizenship rights to be given the same citizenship rights and privileges as the Fulani, Hausa and other privileged ethnic groups in Nigeria. All Nigerians should be equal, as provided by our Constitution, which does not contain provisions(s) for first class,  second class and third class citizenship. We believe that this should be better achieved, without bloodshed. True federalism is the answer, let us go back to the 1960 and 1963 Constitutions, let there be true fiscal and political federalism. Let Nigeria be restructured along these lines, so that each zone/region will lift itself by its bootstraps and develop at its own pace. The present 1999 Constitution, as foisted on Nigerians, is false and fraudulent; and it started with a false preamble. The present Constitution of 1999 was a fraudulent machination of the military ruling class. To save our dear country, Nigeria, she must be restructured by being returned to the golden era of 1960/1963 Constitutions.

    What is the legal/ constitutional basis for this demand? 

     I proffer this suggestion on the basis of fairness, fair play and expediency. A political solution that will enthrone progress, peace and unity should transcend legal arguments. Nigeria started in 1914, as a political arrangement of convenience. Whose convenience you may ask? The convenience of the British Empire! Nigeria was man-made for the economic wellbeing of Britain. God did not create Nigeria, from inception, Nigeria has been a manipulated contraption. Okay. Let’s maintain Nigeria as long as it is a land where no man is oppressed. It was when we abandoned the laudable anthem of “where no man is oppressed” to an anthem of arise “to battle”, in celebration of a perceived “conquest”, that things fell apart. The concept of slaves and slave masters will never endure in Nigeria. We must return to the ideals of the founding fathers of Nigeria. There must be justice for all.

     What is your opinion about the declaration of the IPOB as a terrorist organisation by the Nigeria Army and the proscription of its activities by Southeast governors?

    Both decisions were political, without any legal basis. It was not within the powers and functions of the army to make that declaration. That is what I have been saying: Nigeria is a military regime, camouflaging as a democracy. The political soldiers eventually realised that they goofed. I will not want to comment further on the said declaration, because the matter is now sub judiceAs for the action of the Southeast governors, it was expedient to do what they did. It was also political; to be seen to be compliant and save their skins, motivated by instinct of self preservation, period.

     

     

  • Lalong: restructuring must strengthen institutions

    Lalong: restructuring must strengthen institutions

    Many restructuring of the country must strengthen institutions, Plateau State Governor Simon Lalong has said.

    In his welcome address at the  Law Week of the Nigerian Bar Association (NBA), Jos branch,  Lalong said restructuring must unite the country rather than divide it.

    The event’s theme was: Restructuring – a panacea for Nigeria’s development and cohession.

    The governor believes that a misunderstanding of the concept of restructuring gave rise to provocative and inciting calls for succession and Nigeria’s dissolution.

    According to him, Nigerians  agreed on the unity in the country’s diversity.

    To him, Nigeria is not suffering from a deficit of good governance ideas, or technocrats and bureaucrats to drive them.

    “This pre-disposes itself to the argument that the problem is with the operation of our institutions and the governance process that drives implementation of policies,” he said.

    Lalong said restructuring must be systematic and done to strengthen institutions that would compel service delivery.

    “So, whether the position is for devolution of powers, restoration of true federalism with financial autonomy and the independence of federating units, or even the issue of the operation of a bi-cameral National Assembly, let the debate be such that it favours the unity of the Nigerian state and will enhance the socio-economic well being of the Nigerian Citizen,” the governor said.

    Law Week Committee Chairman, Mr. Steve Abar, said the theme underscored the association’s belief in the primacy of dialogue as the most effective means of resolving real or perceived grievances.

    “Consequently, we have provided a platform for all discordant opinions to be harnessed with a view to building consensus as an alternative to the agitation for the re – evaluation of the basis of Nigeria’s subsistence as one indivisible entity,” he said.

    The Branch Chairman, Mr. Ralph Monye, said the theme was chosen becuase it was a “critical issue not only for the Bar, but for the unity of our country.”

     

     

  • CCB crisis: Director seeks SGF’s intervention

    CCB crisis: Director seeks SGF’s intervention

    Worried by the crisis at the Code of Conduct Bureau (CCB), a senior director in the agency, Ngusha Agom-Tor, has appealed to the Secretary to the Government of the Federation (SGF), Boss Mustapha, to intervene.

    Agom-Tor, who also sought the SGF’s audience, said senior officials of the agency intend to bring to his  (the SGF’s) attention, troubling developments in the CCB and seek urgent ways of addressing them.

    The request is contained in a  letter Agom-Tor, Director (Reform Coordination and Service Implementation), who was recently CCB’s Acting Secretary, wrote to the SGF.

    The letter, sighted by The Nation, reads: “I write on behalf of directors and Head of Departments in Code of Conduct Bureau to request for audience with you at your earliest convenience on current developments that have led to the grounding of official business in CCB.

    “I took over Code of Conduct Bureau on 16th June 2017 as the next most senior officer following a directive from the office of the SGF vide letters Ref. No. SGF.19/S.24/C.3/Vol/192 of 14th June 2017 to that effect and did hand over to Mrs. A. F. Kolawole in ‘special circumstances’ based on letter Ref. No. 58861/SI/Vol. II/455 of 17th October 2017.”

    Investigation by The Nation  revealed that the trouble at the CCB is traceable to the controversial indefinite suspension handed by its now dissolved board, headed by Sam Saba, to then Acting Secretary, Mrs. A. F. Kolawole on April 12, 2017 after she responded to a query earlier issued her.

    The board accused Mrs. Kolawole, among others, of insubordination for allegedly mobilising some staff of the CCB to oppose a supposed Standard Operation Procedure (SOP), which the workers said, did not provide any role for them.

    Following her suspension, Mrs. Kolawole was said to have, on April 12, put in a letter of notice of voluntary retirement, effective from July 12. The notice was received by the CCB chairman on the same day, who accepted her retirement via a letter dated April 20.

    However, the CCB chairman was later asked, via a letter dated June 14, from the office of the SGF, to vacate office on the grounds that the tenure of his second term and that of his co-members of the agency’s board had expired on April 30.

    Saba consequently handed over to Agom-Tor, being the most senior director, as CCB’s Acting Secretary. While he acted, the SGF gave a verdict on a petition by Mrs. Kolawole, challenging her suspension.

    The SGF, in his verdict, as contained in a letter dated August 21,  to the CCB chairman, with the then Acting Secretary, Agom-Tor’s attention drawn to it, faulted Mrs. Kolawole’s suspension and ordered that she be reinstated, a decision some vested interests have become uncomfortable with.

    Part of the letter by the SGF reads: “You are to be guided that the allegations which led to the query and the suspension, for which the petitioner (Mrs. Kolawole), in the view of this office, provided adequate answers, do not amount to serious misconduct as contemplated by the Public Service Rules.

    “Furthermore, the suspension, having exceeded the three months period stipulated by the Public Service Rules, without any renewal, and over which period the petitioner was not subjected to any investigation for the alleged misconduct, is invalid.

    “Please be informed that the petitioner’s notice of voluntary retirement, while facing disciplinary action, was invalid ab-initio and the purported acceptance of the retirement and giving effect to same by the CCB earlier that the date specified in the petitioner’s notice was improper and also invalid.

    “Accordingly, this office, in its capacity as the supervisory organ of the government for the CCB, and in the absence of a CCB Board, hereby recalls Mrs. Kolawole to her position as Director and Acting Secretary, CCB with immediate effect.

    “In this regard, you are to be guided by provisions of Paragraph 3 of Circular Ref. No. SGF.19/S. 81/XIX/964.”

    In his response on August 22, Agom-Tor, among others, sought further clarification on the issue, on the grounds that he was not issued a formal letter to act in his capacity as the CCB’s Acting Secretary.

    He also referred to Paragraph 3 of the 3rd Schedule to the Constitution to assert CCB’s independence on issues relating to the appointment, promotion, dismissal and the exercise of disciplinary control over staff.

    Agom-Tor further said: “Consequently, you may wish to stay action on the officer’s recall pending the assumption of duty of the newly constituted board of the bureau, which is vested with the above powers.

    “In light of the sensitive nature of this office, and the explicit directive to the ‘Chairman,’ who is not in post at the moment, it will be inappropriate for me to issue a letter of recall in the circumstances,” Agom-Tor said in response to the August 21, 2017 letter written for the SGF by Permanent Secretary, General Services Office, R. P. Ugo.

    A group, the Royal Integrity and Accountability Organisation (RIAO), through its lawyer, Obinna Onu subsequently went before the National Industrial Court of Nigeria (NICN) in Abuja to challenge the implementation of the SGF’s directive that Mrs. Kolawole be reinstated.

    Justice Waziri Abali on August 30, granted an ex-parte order restraining the respondents: the SGF, CCB and Mrs. Kolawole.

    The judge also ordered parties to the suit not to “engage in or indulge in any action or inaction overtly or covertly that may lead to breach the peace and breakdown of law and order within the precinct of the 2nddefendant/respondent (CCB) pending the hearing and determination of the motion on notice.”

  • Assault: Photojournalist awaits justice five year on

    Assault: Photojournalist awaits justice five year on

    A photojournalist with Leadership  Ben Uwalaka is still battling for  justice five years after he was assaulted in the line of duty.

    He almost lost an eye when he was allegedly attacked on the premises of Lagos State Univeristy Teaching Hospital (LASU) by Bayo Ogunsola on August 9, 2012.

    Lagos State Commissioner of Police prefered a charge against  Ogunsola before an Ikeja Magistrates Court over the incident.

    Ogunsola is a director in the morgue at LASUTH.

    The suit in which hearing began in 2012 before  Magistrate Bola Osunsanmi has suffered several adjournments because of the continued absence of the police prosecutor and Investigating Police Officer (IPO).

    The IPO, Inspector Dolapo of Area F Police Division has not appeared in court since, after appearing just once.

    When the matter came up again last week before  Magistrate Bola Osunsanmi, the registrar announced that the court could not sit because all the registrars were undergoing screening.

    Consequently, the trial magistrate adjourned the matter to March 15, 2018 for mention.

    Ogunsola and others at large allegedly brutalised the journalist and damaged his camera. The man who broke a bottle on Uwalaka’s head is also still at large and has not been arrested since the incident occurred..

    Uwalaka had visited LASUTH following the release of the DNA of victims of the Dana plane crash in Iju, Lagos by the hospital’s pathologist, Professor John Oladapo Obafunwa.

    However, Uwalaka has filed another suit at a Lagos High Court seeking N30 million in collateral damages for his brutalisation and damage of his professional equipment.

    Benedict Uwalaka is represented by Mr. Jiti Ogunye, the Nigerian Union of Journalists (NUJ) lawyer.

     

  • ‘Law School was scary at first’

    ‘Law School was scary at first’

    At first, she found the Nigerian Law School environment intimidating, but gradually settled in. Fatima Shehu, a 2015 alumnus of the Ahmadu Bello University, Zaria shares her story with ROBERT EGBE. 

    My family and I

    My name is Fatima   Auwal Shehu. I am  from Gombe State, the eighth of 15 children.

    I attended Ahmadu Bello University, Zaria and graduated with an LL.B Civil Law in 2015, following which I attended the Nigerian Law School (NLS) Lagos Campus and was called to the Bar in November, last year.

    I am the first lawyer in my nuclear family; however, I have uncles and an aunt who are lawyers.

    Human trafficking assignment interested me in law

    I believe what inspired my choice of law is my determination to do the right thing and give back. When I decided to study law, I was in secondary school and I had just done a speech writing assignment on human trafficking. I felt like helping victims of the heinous crime that is human trafficking and so, I thought getting a law degree was the way to go. Right now, I believe that I can do that and even more, Alhamdulillah.

    Call to Bar

    My Call to Bar celebrations were amazing. My parents were so happy, full of smiles. They wore new clothes for my call. I felt like it was their Call. But in true Nigerian fashion, afterwards there was a gathering with lots of people, lots of food, joy, laughter and prayers. It was really amazing.

    No room for laziness at law school

    Law school was scary and intimidating in the beginning. I’m not sure if it was the school or the people. It was Lagos Campus and the moment you stepped in, they showed you that there was no room for laziness. You had to work hard and you had to be prepared at all times for whatever came at you. I got a really supportive study group, so, that made it a lot easier and before I knew it, it was over. It’s actually shorter than you expect it to be before you get in.

    Law school marking scheme

    I think as a student you always complain about the marking scheme. I did at Law School as well. However, recently, someone pointed out to me that because Bar Finals are qualifying exams we should not attach so much importance to the grades or marking scheme. Unfortunately, though, the entire system in the country makes it hard not to, especially when it comes to getting jobs in prestigious law firms. So, I understand the frustration that comes with NLS marking scheme.

    What I would change about law

    There’s a number of things, but most importantly I think I would start with the Legal Education System. A majority of lecturers are not fully up-to-date with the changes in law, and as a result so are the students. I believe that as a student I would have appreciated it more if certain courses I took were taught in a way that consideration was given to the dynamic nature of law, showing the evolution in the present day and not just what was set out decades ago.

    The future

    Ultimately, I would love to be able to use my acquired skills and knowledge to make impact, not just in my country but the world over, on the issues that influenced my choice to study law. If I am able to do that, that would be amazing.

     

     

  • Restructuring: panacea for development, cohesion

    Restructuring: panacea for development, cohesion

    Text of a paper presented by The Nation Editorial Board Chairman Mr. Sam Omatseye at the annual law week of the Nigerian Bar Association (NBA), Jos Branch.

    When I was told that the topic of this address was Restructuring: A panacea For Nigeria’s development and cohesion, I mused on the word sequence of the second part of the topic. That is, development and cohesion. I thought the word order needed to be redeveloped to make sentence cohere. I thought it should have been reversed. Cohesion before development. How do we develop without cohesion? As Amos said in the Bible, Can two walk together unless they be agreed?

    We shall go into this later, but suffice to say that the reason this year’s hallmark of discourse and tempest of controversy have smoldered without let or remission is that those who advocate restructuring believe that without it Nigeria will be mired in the 20th century without a foot forward. Those who have been known to oppose it are those who are irritated that the opponents are not allowing them to make the progress that the present dispensation has guaranteed. It is a contest between paralysis and paralysis.

    I wonder why the word panacea was thrown into the topic. It made my mind travel back to earlier in the year when I was giving a talk at the University of Ibadan and a young female student asked the question, “sir, if we have restructuring,” she began, “Does it mean we have solved all our problems?” That is where the word panacea comes. Even as developed as the countries of the western world are, we still hear protests about the inequalities and inequities of the country as they are. Those who say they want BREXIT were voting for some sort of restructuring of their country. Those who voted for the provocateur in chief in the United States, the toupee-happy Donald Trump went to the vote to append their distrust against the system as they saw it. In our terms, they are not changing the federal structure, but they are angry that even though they may love the structure of their country, the nation has not provided for them the elixir of good feeling that the richest country on earth shouldoffer. Ditto to Austria, even Germany and France where commonsense prevailed over bigotry.

    So, I want to start on a cautionary note that the call for restructuring, while necessary and even inevitable, should not be associated with the quality of el dorado.

    How did I respond to the female student at Ibadan? I said she just asked a good question, but I referred to a Russian anarchist in Turgenev’s novel, Fathers and Sons, in which the anarchist called Basarov was asked what would he replace the system with when it was brought down. His reply was, let us bring it down first. After that, we shall figure out what to replace it with. That I think is the mindset of those of us who believe we need to restructure. The difference with Turgenev’s anarchist is that I don’t believe the system should be dismantled before it is redeemed. What I seek is a revolution with kid gloves.

    I will state that one of the reasons we are in the middle of this rut of controversy is that Nigerians have never had the opportunity to collectively decide what country we wanted. When it seemed we had something, it was ushered in for us in the context of the military. When the Constituent Assembly was inaugurated during the time of the gap-toothed General Ibrahim Babangida, he gave off what was then known as “no-go areas.” Today, we still circling comically around the no-go areas.

    Yet, if we are to focus on the subject of restructuring proper, we would agree that some sort of restructuring has always taken place since Lord Lugard helped to birth what has become Known as Nigeria today. We had quite a few constitutions. We had the Clifford constitution, which was criticised for its restricted participation, though it gave rein to anti-feudal umbrage for endorsing the council of chiefs. Some progress was made with the introduction of the Richards Constitution which set the stage for a regional structure. The Southern and Northern Protectorates had been resolved into one and it was time to recognise the main strands of that country with a law. We had the Macpherson and the Lyttleton constitutions in tow.

    From the point of view of the colonial masters, they had prepared a country into one and, in their own lights, sealed it with the Independence constitution.

    Yet in the country they brought together, there were histories that they ignored. In the north, they did not take cognizance of the tension unfettered by the 1804 Jihad spearheaded by Uthman Dan Fodio. Though the jihad created a political behemoth that stretched from Sokoto to part of what we call the Yorubaland today, they did not understand that in Borno had thrived a caliphate that even enjoyed a dynasty, the Saifawa Dynasty, that lasted a thousand years.And within even the Sokoto Caliphate and the Borno kingdom thrived tendencies and peoples who were not always at peace with the establishment.

    In the south, they had forced on the Igbos what they called warrant chiefs in clear disdain for the republican virtues and provenance of its people. They were imposing rules  and ideologies and lifestyles that made sense to themselves and the people they had “pacified.” Even though one of their western poets Rudyard Kipling, had said, “east is east, west is west, and never the twain shall meet,” they presumed that the Igbo of the east and the Yoruba of the west would just hug, kiss and make love.

    But they were not so naïve. One of them Harry Willink headed a commission in 1958 that developed the report of minorities, especially in the Niger Delta and wanted the new nation to take cognizance of their conditions.

    At independence, the euphoria did not find its feet but we were at each other’s throats early. It confirmed many people’s view who say, along with Chief Obafemi Awolowo, that “Nigeria is not a nation. It is a mere geographical expression.” This cartographic illusion has haunted the nation since.

    Another level of restructuring also happened to the three regions, when the Midwest was created and excised from the western region. It was a restructuring that Chief Awolowo did not approve of because he wanted other regions to also have parts of them enjoy federal autonomy as well. It was restructuring as vendetta, he rightly contended. It was a way to clip his wings.

    But that same restructuring was at the heart of Biafra, and we shall get into this later. But during the civil war, General Gowon also broke Nigeria into 12 states. Some say the real reason was to immolate Biafra for the greater good of one Nigeria. With Rivers State created, two things were accomplished. Gowon ossified Biafra as a landlocked state without access to water and protein, which made it vulnerable to mass starvation. Two, it could lay no legitimate claim to oil as a resource base to prosecute the war. Again, restructuring happened out of the force of circumstance. Shall we not say it was restructuring as opportunism? If we wanted such other excuse, we did not have them for Murtala Muhammed’s step in breaking us into 19 states or Babangida into the present structure.

    But to say that restructuring is about creation of states is an error. Different people have defined it in different ways. Some want it to mean a severance of their ethnic nationality from Nigeria, some want it as a way to get the nation to understand that all should be fair to all else, some see it as a way to take the oil for themselves, others see it as a way to take the oil from those who have it, or at least dictate to them how the oil should be mined and distributed. Some – and that includes some of our political elite – see it as their only path to power.

    In all this, we have pride. We have prejudice. We have reason. We have chaos. We have sentiment. All of this is couched by each as an expression of patriotism or a rejection of it.

    From the beginning, we are at the crossroads of definitional confusion. We cannot really define what it means, and then it becomes problematic to agree on what should be restructured. It calls to mind when intellectuals of the late 19th century and early 20th century pondered the idea of structuralism. It has traversed such disciplines as political science, sociology, anthropology, psychology, literary criticism, economics and even architecture. Scholars like Claude Lévi-Strauss, Roman Jacobson and Jacques Lacan have elucidated it. Their point was that structure is more important that function. Well, many people calling for restructuring say they want the structure to function, but for it to function it must be the right one.

     Structuralists however got into a snag because many scholars started doubting the importance of structure. Everyone can be its own structure and function, and that led to such movements as post-structuralism and post modernism. We have had a lot of confusion since or what Christ described as “distress of nations and perplexity.” I hope that we do not get to s ate where we cannot have a structure.

    But nowhere is this confusion more revealing than in allowing the big names of nation to say it in their own words. So, we hear from TankoYakassai, we also hear from Wole Soyinka, and we also hear from Emir of kano Lamido Sanusi. The voices of Femi Okurounmu, Mallam AdamuCiroma, Atiku Abubakar, Bola Ahmed Tinubu, Alex Ekwueme, Rotimi Amaechi, Paul Unongo, Ben Nwabueze, Edwin Kiagbodo Clark, AngoAbdullahi, Obong Victor Attah. The irony is that all agree something is wrong. They don’t know or agree on what is right.

    It is interesting to see how all of these people are patriots or claim to be patriots but they look at patriotism through different lenses. The ambiguity of their submissions is enough to make the average Nigerian observer wonder. More so when their aversion of ill will is only counterbalanced by their profession of love for their fellow citizens of a different faith and tribe. They seem to be saying: “I love you, but I love myself more. But I love you all the same. If you don’t love me as much as I want you to love me then I will withdraw my love for you. And then, maybe, we can head for the boxing ring.”

    It recalls to mind the lines of the late Arab poet Mahmud Darwish: “Don’t ask of me, my love/ the love I once had for you.”

    Yet in the voices of these men, and they are all men, the temperaments are not the same. A TankoYakassai declaims with an unmistakable truculence only counterpoised with an Nwabueze whose fidelity to restructuring bears the underlying angst of Biafra. A hard-charging AngoAbdullahi clearly enjoys his tirades. A Wole Soyinka, with syntactic rebellion, makes no bones about the negotiability of the Nigeria state and society.

    For instance, Edwin Clark comes across as an economist of inequality and guardian of the treasures of oil. AdamuCiroma unveils a persona that agrees that Nigeria is not sustainable in its present state. There are a few very profound offerings. They include the writings of Lamido Sanusi, Paul Nnongo and Atiku Abubakar.

    One sapient point that has been missed in the cacophony was the point that the western region under Awolowo and the eastern region of the First Republic were at peace with the centre. The centre was not always a scarecrow. It was a desirable thing. As Sanusi reminds us, so good was the centre that when Awolowo was done as premier of the western region, he decided it was time to take the centre. From being a regionalist, he was taking a crack at the centre. When Awolowo was at the centre with Gowon, he never raised a finger for federalism.

    The southeast also loved the centre.  They were not taking a crack at the centre. They dominated the civil service and had the best core of the officer corps of the Nigerian army before the civil war. But they changed when the centre cracked. What Sanusi did not say, was that things changed because the military took over on behalf of the northern power bloc, and de-democratised the centre. It began to work for the north and not the west or east or Niger Delta, culminating in June 12. The quest for restructuring began, it shows that no one gives away power and you must take it. The centre allowed violence and the violent took it by force.

    Oil played a big part on this role reversal. We can trace this to the pre-independence era when oil was still a small factor in the economy. The British recommended that regions that enjoyed mineral resources should have 50 percent of the resources. The federal could garner only 30 percent. If we look at the country today, virtually every state has mineral resources whether it is bauxite or kaolin or limestone or gold that can turn them into vibrant economies rather than the entities that bear bowls in hand to the centre for monthly bailouts.

    The army changed all that, but that was because the cabal ahead of the army represented an oil-free region. The wealth of the Niger Delta became free only for those who had the guns pointed and ready to shoot. Nigeria had changed in the 1960’s from a state with an army to an army with a state. At one time, the regions only had 1.5 percent, including during the Shagari years. It was during Abacha’s regime that a decision of a token 13 percent was taken for the region. Conversations about it has hit paralysis ever since.

    Before the jackboot, the different regions had agriculture in high gear. Those were the years of the groundnut pyramid, when Cocoa boomed as export and built a landmark edifice in Ibadan, when we taught a western nation how to make prosperity out of palm produce and our rubber was elite business in the world. Oil was a backdrop then and it was only in drops. When it became a flood, it submerged everything else. We became greasy with wealth. But we occluded a path not only to development but the army made us lose the path to cohesion.

    That was why the call for fiscal federalism started to resonate among the disenfranchised. Part of it was because Abiola won an election that was taken from him.The most strident voice over the course of the year came from an unusual source: the man Nnamdi Kanu. But the paradox was he did not call for restructuring. He wanted outright severance. In my columns I called him an ethnic entrepreneur who peddled hate. Yet he had followers, including those not associated usually with cant or extremism. So why would an Nwabueze or a Soludo speak so gleefully about an upstart whose biography did not celebrate industry or even Igbo patriotism to the extent that mere utterances from his lips paralysed the streets of the east?

    That is the conundrum made even more trenchant by the assertion by president Buhari that the nation is not negotiable. But Nigeria was not negotiated into being. It was a diktat from a foreign power. Now that we are together, it is important that some voices are saying they are not getting the right shakes in the system, that some part of the country seem to be sovereign while others are glorified subjects. The centre, they say, cannot hold when only one part of the country is at peace with the present arrangement when others are not. As of today, only the northwest has had voices that say the system is good the way it is.

     

    The only voice that spoke with some fire for justice has been Lamido Sanusi, but many in the northwest see his voice as a maverick, not representing the inner core of the region. But the Governor of Sokoto State, Aminu Tambuwal, whose progressive credentials are palpable, had to lend his voice eventually. Hear him:

     

    . “The idea that the north is against restructuring because it benefits most from the current state of things is circumscribed and patently false,” he noted. “The fact that some people continue to parrot such a lie only helps to give credence to the flawed argument. Let us be clear: the north wants restructuring as much as anyone else. “However, as a people we do not easily jump unto the bandwagon because we are always there for the long haul. We believe that any decision we take must be inclusive and respect procedures and processes so that the outcome is sustainable.” “I think we should first, as a country, agree on a mutual definition of the term restructuring. “In my view, if restructuring means taking stock of our arrangement to ensure that no state takes a disproportionate amount of the resources, or most of the available space in the education or job sector, or subjugate the others’ culture or religion. “Or lord it over the other so that the number of the poor and uneducated, whose future is circumscribed by their circumstance is shared proportionately, then we are game. “We all want a country where there is peace and progress, where justice is given, where all lives are safe and people can pursue their legitimate livelihoods wherever they choose. I believe each state in this country has areas of comparative advantage and life is a cycle so that what was once the largest revenue earner can in time become less so while something else takes ascendancy. “As a country we must look to the future and agree on what in the long run will benefit us all.”

     

    What the governor said is quite at odds with the caterwauling of a TankoYakassai.

     

    Another voice that has weighed in is the Sultan of Sokoto Abubakar Saad111.

     

    He says: “It is good to sit down and dialogue but there must be respect. I must respect you and you must respect me. And the greatest thing we can do for this country is always reflect on our history.

     

    “Because we didn’t fall from the sky, we came from somewhere. We became Nigeria in 1914 through amalgamation. People are shouting that our coming together as a country in 1914 was mistake, but God doesn’t make mistakes. If God doesn’t want such a thing as Nigeria to happen, nobody could ever have made it happen.”

     

    He goes further:

     

    “I know that many of these groups from the North, West, South-South and South East agitating for this or that have their positions.

     

    “But despite the realities at present, no group has the right to tell anybody you must leave this place or that place if we still live in this country called Nigeria. I say, instead of talking about devolution of power, let’s talk about devolution of economy,” he added.

     

    The voices of Governor Tambuwal and the Sultan are conciliatory and open the door to bring together a concatenation of ideas. It is good men for conversation.

     

    But these voices have to come to terms with others voices. For instance that Asiwaju Bola Ahmed Tinubu.

     

    The former governor of Lagos State called for a return to the ideals of the 1963 Constitution, which he said guaranteed fiscal federalism, regional autonomy, regional constitutions, and progressive competition among the federating units.

     

    Tinubu said, “Many of the 68 items on the Exclusive Legislative List should be transferred to the Residual Legislative List,” explaining, “This would be in harmony with the 1963 Constitution, again an instance of reaching back to revive something old yet more likely to give us a better Nigeria. That prior constitution granted vast powers to the regions, enabling them to carry out their immense responsibilities as they saw fit.”

     

    Tinubu said, “We cannot become a better Nigeria with an undue concentration of power at the federal level. Competition for federal office will be too intense, akin to a winner-takes-all duel. Those who lose will bristle at the lack of power in the periphery they occupy.

     

    “They will scheme to pester and undermine the strong executive because that is where they want to be. The executive will become so engaged in deflecting their antics that it will not devote its great powers to the issues of progressive governance for which such powers were bestowed.”

     

    He said if Nigeria continued in the current pseudo-federal path, it “will be in a constant state of disequilibrium and irritation. Such a situation augurs toward the maintenance of an unsatisfactory status quo in the political economy. It augurs against reform.” He stressed that the country must restructure “to attain the correct balance between our collective purpose, on one hand, and our separate grassroots realities, on the other.”

     

    What Governor Tambuwal and the Sultan called for is civility. But the counter question is that we never get things done with civility. It is when we roar and bang the table that the other side hears you.

     

    The reality, however, is that we need to go to the table. The key here lies with the president who has not shifted ground on the point that our unity is non-negotiable. Even husbands and wives negotiate their relationships every day. As the philosopher said, those who deserve freedom are those who are ready to fight for it every day.”

     

    It is not easy to give up power. No one gives it up without getting something back or without its back to the wall. What it means is that if the unfairness in the Nigerian state continues, the agitation will grow, and no one can predict what nature it will take. I love Nigeria, but I don’t agree that it is not negotiable. It is desirable when all get their due.

     

    We cannot get by mere institutions without content. Nigeria’s different endeavours at national unity are clear. They include the National Youth Service Corps, to tailor university graduates into the appreciation of the other by spending a year in a “strange” land.

     

    Over four decades of its founding, rather than harmony, the nation is tearing at its ethnic seams. We don’t even have the resources to guarantee a decent living for them in their areas of primary postings. There are other efforts at unity. They include unity schools, Federal Character Commission, the special case for the Niger delta like the formations of NDDB, OMPADEC and presently NDDC. The derivation policy, ministry of Niger Delta, and presidential amnesty programme. In spite of these, suspicions make relationships sour. The herdsmen crisis continues to create tensions with stories of slayings. A philosopher noted that in a true federalism the biggest part of a country is not better than the smallest part of it.

     

    The greatest problem is lack of trust. Trust does not come freely today. there is an African proverb that says, “be careful when a naked person offers you a shirt.” We have to move from there and abide by Ernest Hemmingway’s words, “The best way to find out if you can trust somebody is to trust them.”

     

    That is the model to follow and that is the challenge before us today.