Category: Open Forum

  • Imperative of digital estate planning

    Imperative of digital estate planning

    • By Bukola Seun-Oloruntuga

    Alex and Maya shared a world that transcended borders and time zones.

    They could communicate, share memories, and record their lives with just a few clicks.

    But as they discovered, their digital presence was more than posts and pictures.

    It was a digital legacy that required careful planning to protect and preserve.

    Alex and Maya understood that their online activities, from social media posts to emails, were creating a digital footprint that could outlive them.

    This realisation begged the question: “What happens to our online accounts and digital assets when we are no longer here?”

    Like Alex and Maya, our digital legacy encompasses a myriad of accounts, files, and assets stored online.

    Our social media profiles, emails, photos, videos, blogs, and even financial records reside in the digital realm, waiting to be managed and protected.

    Essentially, just as traditional estate planning involves managing physical assets and legal documents, digital estate planning involves safeguarding our digital assets and leaving instructions for their management after we’re gone.

    For Alex and Maya, this meant considering the sentimental value of their digital memories and the practical aspects of managing their online accounts and assets.

    To plan for their digital assets, Alex and Maya started by identifying and cataloguing them.

    They compiled a list of their social media accounts, email addresses, online subscriptions, and any online financial accounts they held.

    This process highlighted the significance of digital assets in today’s world, as many of these accounts contained important information, valuable memories, or even financial assets.

    Just as a traditional will designates an executor to manage our physical assets, we need an executor to manage our digital assets according to our wishes.

    Alex and Maya recognised the importance of choosing someone they trusted to fulfil this role. They decided to designate a relative who was tech-savvy and familiar with their digital habits.

    This person would have the necessary access and authority to handle their online accounts and digital assets according to their instructions.

    It is crucial to remember that navigating the digital afterlife necessitates being familiar with the terms of service and privacy policies of different online platforms.

    This is because some platforms allow for account memorialisation, while others might require specific actions to transfer or close accounts.

    For instance, Alex and Maya learned that some social media platforms had provisions for memorialising accounts, allowing loved ones to view the profile without making changes.

    This recognition of the digital legacy in terms of service was a critical aspect of their planning.

    With their “digital” executor and guardians chosen, Alex and Maya knew they needed to leave clear instructions and access information for their online accounts.

    They created a digital estate plan with a list of their accounts, usernames, passwords, and instructions for managing each account.

    They were cautious not to include sensitive information directly in their estate planning documents.

    Instead, they stored this information securely using a password manager, with instructions for their digital executor to access it.

    Alex and Maya understood that their digital estate plan had to be integrated into their overall estate plan, so they sought legal advice to ensure that their wishes aligned with their traditional estate planning documents, such as wills and trusts.

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    They also explored how their digital assets with monetary value, like cryptocurrency or online businesses, could be properly addressed in their estate plan.

    This ensured that their digital assets were treated with the same level of care as their physical assets.

    As Alex and Maya embarked on this journey, they realised that their online presence was more than just a collection of data. Indeed, it reflected their lives, values, and connections.

    Their experience should serve as a reminder that in this digital age, planning for the management of our online lives is essential.

    In other words, just as we carefully consider the distribution of our physical assets, we must also ensure that our digital legacy is protected and managed according to our wishes.

    By identifying and cataloguing our digital assets, designating executors and guardians, understanding terms of service, leaving clear instructions, and incorporating our digital assets into our traditional estate plan, we can navigate the complex landscape of the digital afterlife with confidence.

    •  Seun-Oloruntuga, a lawyer who specialises in estate planning, is also a career and executive coach. She can be reached at bso@morecraftlaw.com
  • Choosing the right executor as critical estate decision

    Choosing the right executor as critical estate decision

    • By 𝗕𝘂𝗸𝗼𝗹𝗮 𝗦𝗲𝘂𝗻-𝗢𝗹𝗼𝗿𝘂𝗻𝘁𝘂𝗴𝗮

    Mrs. Elizabeth Evans was known for her warmth, wisdom, and impeccable organisational skills.
    With her passing, the responsibility of managing her estate and fulfilling her final wishes fell upon her eldest daughter, Sarah, whom she had chosen as the executor of her will.
    Sarah found herself in an unexpected position, shouldering the responsibility of the executorship.
    At first, she was not entirely sure what the role entailed.
    She wondered: “What are the duties of an executor, and how do I honour my mother’s wishes?”
    In simple terms, an executor is a person designated in a will to oversee the allocation of a deceased individual’s possessions.
    It is a position of integrity, accountability, and preserving the memory of the departed loved one.
    The executor’s tasks include identifying and managing assets, settling debts and taxes, and disbursing the estate to the beneficiaries as outlined in the will.
    When appointing an executor in your will, choose someone you trust implicitly and who is well-organised and competent in handling financial matters.
    This person can be a family member, a close friend, or even a professional, such as an estate planning lawyer or a trust company.
    When choosing someone to administer an estate, it’s critical to consider their availability and willingness to take on the role.
    This is because estate administration can be demanding and requires time and emotional energy.
    It is crucial to have an open conversation with your executor to ensure they are willing to accept the responsibility and understand your wishes.
    As the Evans family coped with their loss, they discovered their matriarch’s will which contained crucial instructions for Sarah to carry out her duties as the executor.
    Elizabeth had taken the time to articulate her wishes in the will, guiding the distribution of assets and other details for handling her estate.
    It is important to communicate clearly when entrusting an executor with your wishes.
    In addition to your will, providing a detailed letter or memorandum can offer further guidance on your preferences, including sentimental items to be passed down or causes that hold personal significance. This can ensure that your wishes are faithfully executed.

    Understanding the probate process
    Probate is the legal process of administering a deceased person’s estate.
    It can be a complex journey, often requiring the executor to interact with various legal and financial entities.
    While it may seem daunting, understanding the probate process is essential for an executor.
    The executor should consult an estate planning lawyer to navigate any legal intricacies and prevent potential problems successfully.

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    It ensures a seamless probate process and a hassle-free distribution of assets to beneficiaries.

    Importance of having alternative executors
    Sarah had a personal emergency that needed her immediate attention.
    It made her realise the significance of having backup executors if the primary option is unable or unwilling to take on the responsibility.
    So, when selecting alternative executors, follow the criteria you used for the primary choice—trustworthiness, competency, and willingness to take on the responsibility.
    It is also advisable to communicate with these individuals beforehand, informing them of their potential role as alternate executors.

    Access to essential documents, information
    Upon taking on her role as executor, Sarah’s major challenge was gathering all required documents and information about her mother’s estate.
    With a properly prepared estate plan, this can be avoided with a complete inventory of assets, financial accounts, and other vital information.
    So, keep a detailed inventory of your assets, including property deeds, bank accounts, investment portfolios, insurance policies, and digital assets. Store these documents and let your executor know where to find them.
    You might want to utilise a digital asset management tool to sort and share significant data with your executor.
    In conclusion, Sarah’s journey as she navigated her executor’s role highlights the importance of thoughtful planning and communication.
    Whether you choose to appoint someone as your executor or are taking the role on behalf of someone else, it is important to remember that being an executor is more than just a legal obligation – it’s a way to show love and care for your family’s legacy.
    By selecting a trustworthy executor, communicating your wishes, understanding the probate process, and providing essential information, you can guide your loved ones through this challenging journey with grace and assurance.
    As with any significant life event, seeking professional advice can provide invaluable support and ensure your wishes are executed with precision and effectively.

    • Seun-Oloruntuga, a legal expert in estate planning, is also a career and executive coach and can be reached at bso@morecraftlaw.com
  • Tinubu, 100 days and burden of resetting Nigeria

    Tinubu, 100 days and burden of resetting Nigeria

    By Temitope Ajayi

    Henry Kissinger, former United States Secretary of State, perennial international statesman and oracle of diplomacy profiled six world leaders, now of blessed memories, in his most recent book, “Leadership: Six Studies in World Strategy’. These long departed leaders were the architects of the post-war evolution of their respective societies. The leaders: Konrad Adenauer (Germany), Charles de Gaulle (France), Richard Nixon (United States), Anwar Sadat (Egypt), Lee Kuan Yew (Singapore) and Margaret Thatcher (Britain) reshaped and redefined their national purposes, having inherited a postwar world that was in turmoil and full of uncertainties. They opened up new frontiers, confronted local political and economic challenges and significantly contributed to an enduring new world order.

    Just like these global figures who shaped the circumstances of their era, Nigeria’s President, Bola Tinubu, assumed the leadership of Africa’s most populous country at a time of great economic difficulties marked by very high socio-political tension. President Tinubu came in the midst of raging storms, inheriting legacy problems including insecurity, multi-dimensional poverty, angst, high decibel of ethnic agitations and general state of despair.

    Since he assumed office 100 days ago, President Tinubu has focused on how to steady the floundering ship of state, redirect the economy and remove all barriers that inhibit productivity and growth. The first thing he did was the removal of fuel subsidy that has become a bottomless pit for the country. A world class auditor and turnaround expert himself, the goal of President Tinubu is to reprioritise national spending. A nation that literally flushed down over N21 trillion  between 2005 and 2023 in the name of paying for cheap petrol when it could not generate the electricity to power its industries, run its hospitals and provide universal basic education to school children is a nation moving speedily towards self-destruction. The removal of fuel subsidy now means funding becomes available to invest in critical infrastructures to develop the country and position it on the path of economic prosperity. It also means government at all levels will now have more money to spend on social services, soft infrastructures and general social amenities that will improve quality of life.

    The combined effect of fuel subsidy removal and realignment of the foreign exchange markets to remove corruption-ridden regime of preferential forex allocation to economic predators, that previously ruled the day, has led to high cost of living especially food and public transportation for Nigerians. Unfortunately, the hapless masses are mostly bearing the brunt of this, making many people to wonder if a government that should make life better for them had come to inflict more hardship. 

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     Like a caring father who must navigate his family through turbulent period, President Tinubu, through national broadcasts, public statements and various interventions during meetings with groups and business leaders, laid out the issues before Nigerians and explained why the decisions he took to save the country, even when they came with momentary pains, are in the best interest of the country as doing otherwise will be accelerating the total collapse of the economy without any guardrail. A number of intervention programmes have been unveiled as reliefs to the people. 

    Under the intervention initiatives, the Tinubu-led administration granted N5 billion to each of the 36 States and FCT to procure food items, fertilisers and seedlings for distribution to households and farmers. To further bring immediate relief to the people 100,000 bags of rice were also sent to the States by the Federal Government while modalities are being worked out with Governors under the National Economic Council for a new National Minimum wage and consequential salary increase for public and private sector workers. 

    It is interesting to know that some private sector employers in the Organized Private Sector (OPS) have taken the initiative on their own to increase staff salary in line with the prevailing inflationary trend. In conjunction with the World Bank, States and Local Governments, the Federal Government is also working on direct cash transfers targeted at over 20million most vulnerable people across the country. The plan to deploy 11,500 CNG powered mass transit buses to make public transportation affordable for the masses is being concluded for participating mass transit companies. The government in a partnership between NNPC and NIPCO is setting up CNG mega stations across the country that can conveniently serve 200,000 vehicles daily.

    Just like he did when he became the Governor of Lagos State in 1999, where he re-engineered the finances of the state from insolvency and paltry N600 million per month to the point where the State currently generates over N50 billion in internally generated revenue, President Tinubu knew from day one in office that the current revenue profile of the Federal Government and State Governments cannot fund the kind of development that needs to happen in Nigeria. At barely 10% Tax to GDP ratio, Nigeria ranks abysmally low compared to other African countries in revenue index. What South Africa makes in tax revenue from 1% of her high net worth tax payers in one year, is more than the entire IGR revenue of 36 States and FCT. It is the parlous revenue profile of the country that informed the decision of the President to set up the Taiwo Oyedele-led Tax and Fiscal Policy Reforms Committee. At the inauguration of the committee on August 7, 2023, President Tinubu declared that government cannot provide the social services and first-world infrastructure the people need to live a good life when it cannot generate the revenue to make them happen. He then tasked the committee to close the N20 trillion annual revenue gap in tax collection.

    Equally, President Tinubu understands that there cannot be any meaningful development and progress in an atmosphere of constant agitations and strife with the intervening primordial interests within the polity. One of the reasons for almost unceasing agitations by a section of the country is the seeming lopsided appointments within the security establishment. The received wisdom in Nigeria is that any ethnic group without representation in the top hierarchy of the security establishment is not yet within the power arena even if all money of the country is spent to pave their streets with gold. As a leader who sufficiently understands the national psyche, in this regards, President Tinubu balanced the appointment of his service chiefs to project national outlook. Political leaders from the South East and Ohaneze Ndigbo severely criticized the Buhari government for marginalizing the Igbos in key security and other appointments. Now, an Igbo man from Enugu, Vice Admiral Emmanuel Ogalla is the Chief of Naval Staff while a minority and a christian from Southern Kaduna, Lt. General Christopher Musa is the Chief of Defence Staff. In the same spirit of promoting social harmony and repairing damaged social fabrics, President Tinubu also ensured geopolitical balance in distribution of key portfolios  of the recently sworn-in Ministers while also ensuring a proper-fit between the professional competence of majority of them and the ministries they lead.

    Connectivity of empathy between a leader and the people he/she leads and ability to communicate are essential attributes of a good leader. President Tinubu possesses these two attributes in abundance with the ways and manners he has connected with the economic hardships Nigerians are going through.  One of the best leadership and management books I ever read, ‘The Leadership Lessons of Jesus: A Timeless Model for Today’s Leaders’ was written by Bob Briner and Ray Pritchard. In the book, the authors explained why a leader must have clear vision and be able to communicate that vision clearly and concisely to the followers without leaving anyone in doubt about the ability to provide direction. This was best exemplified by Jesus Christ when he met Peter, James and John when he called them to discipleship. Jesus told the trio, ‘Come, follow me and I will make you fishers of men.” By vocation, Peter, James and John were fishermen. 

    Jesus was clear about the job He was calling them unto. He didn’t leave them in doubt as to why they should drop their day time job. Just like Jesus did many centuries ago, President Tinubu has not failed in telling Nigerians about the dire strait of our national economy and what needs to be done to remake a buoyant economy that will serve every segment of the society. In his last national broadcast, he empathized with Nigerians and laid out his vision for a greater future that awaits.  Part of the mark of his dexterity in political and diversity management is how he has, within 100 days in office, fostered  social harmony and significantly reduced ethnic and political tensions in the country. President Tinubu has used his first 100 days in office to set the path and a new direction for the country. Many Nigerians, 67% to be precise, according to a recent survey, trust him to deliver on his renewed hope agenda. 

  • How to develop local communities

    How to develop local communities

    The bane of our development is the relegation of economics in our political ideas and commercial jurisprudence in our legal process. I wish to draw the attention of this sophisticated audience to the inordinate attention to politics in the nation’s legal jurisprudence instead of commerce or economics.

    I dare say that no matter the investments that we make in infrastructure or other developmental facilities, sustainability is a function of our commercial jurisprudence. A legal system that facilitates prompt and timeous resolution of electoral disputes, while neglecting commercial disputants is prone to under-development or socio-economic stagnation.  

    Indeed, national development is a function of the judicial organ, which in turn depends largely on commercial jurisprudence. Whether local or foreign, investors are keener on the state of the judicial organ and prevalent jurisprudence, in taking or making critical investment decisions.

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    I challenge the galaxy of learned minds here, to re-think the matter of jurisprudence. A situation, where it takes a maximum of 180 days to resolve electoral disputes; which extracts more laborious efforts, while it could take several years to resolve a simple commercial dispute is anti-development…

    I am proudly a local community boy. The concerns that arose out of my thinking and the burdens about the state of our local communities are the issues that have defined my life and activities in the past 15 years, when I transited from a quiet private life in the upstream oil business to a boisterous public one.

    Just as it inspired my decision, 15 years ago, I dare say that there is so little that we can do or achieve personally or in our capacities, no matter how zealous we are or capable as we think for our local communities without the public service.

    To overcome the constraints of our zeal and efforts, there is a need for sacrifice. Sacrifice, in essence, is opting to engage in or do something that is less beneficial to ourselves. 

    This sacrifice comes in diverse ways: investing money in a value-adding or production on the community instead of investment in high-yielding stocks; opting for a new life in public service instead of a quiet, fulfilling life in the private sector; investing personal goodwill as a public officer to attract social infrastructure and facilities to local communities rather than as an opportunity to amass funds as means to relieve self of the pressure of ceaseless sundry demands.  

    Nothing gratifies like inner peace or internal tranquillity, which comes with the reality that one has added value or improved the life and living conditions of his local community. 

    This, to me, is true success and the essence of life and living.

    Development of the local communities is only achievable and sustainable through public and private investments. As individuals, we can invest our goodwill and private resources, to either attract public infrastructure or make value-adding private investments.

    It is imperative to point out that the development of local communities is facilitated by public-spirited private people of people-oriented governments. 

    For the development of local communities, both public and private sectors are mutually dependent. 

    However, no matter how zealous, wealthy or desirous we are, there is a limit to what we can do with our private wealth.

    Public and private investments play an essential role in promoting growth and sustainable development, boosting competitiveness, generating employment, and reducing social and income disparities. As public investment alone cannot meet critical needs, it is vital to trigger a rise in private (foreign and domestic) and non-profit investments. 

    One way of leveraging private and non-profit investment for development purposes is to link it to public investment. Public–private partnerships of various kinds entail both opportunities and risks. The policy challenge, therefore, is to maximize the benefits and appropriately manage the risks.

    Enhancing Public-Private Partnerships includes setting the right regulatory framework, identifying investment projects suitable for public–private cooperation, targeting the types of partnerships that are the most promising for achieving development objectives, and attaining a proper distribution of risks between the public and the private sector. Other ways are greater support from the international community to boost public–private partnerships in strategic sectors.

    Despite sizeable investments in community development, the current scale of community development is not sufficient to address the many complex causes of poverty and the negative impacts of poverty on the health, wealth, and well-being of our local community people.

    One of the key instruments used to identify the poverty profiles that are more common in certain places, especially rural communities is the Multidimensional Poverty Index (MPI). 

    The MPI is a measure of the acute multidimensional poverty index. It complements traditional monetary poverty measures by capturing the acute deprivations in health, education, water, sanitation and living standards that a person faces simultaneously.

    The data are used to identify the poverty profiles that are more common in certain places. This makes the MPI and its linked information platform invaluable as an analytical tool to identify the most vulnerable people – the poorest among the poor, revealing poverty patterns within communities and over time, enabling policymakers to target resources and design policies more effectively.

    This is a crucial step in designing strategies that address multiple aspects of poverty at the same time. It helps in resource allocation at Federal and subnational levels, that appropriately targets sectors, States, regions, groups, and communities with deprivations. They also provide opportunities for businesses and other investors in underserved areas.  

    In addition, impact investing will help grow local community development. Impact Investing is made to generate positive, measurable social and environmental impact alongside financial returns. It is growing and gaining a reputation as a more sustainable way of investing across the globe. 

    The Global Impact Investing Network (GIIN) estimates the size of the worldwide impact investing market to be USD 1.164 trillion.

    A major reason for its wide acceptance is that it offers a huge potential to address development challenges and a veritable source for bridging the SDG financing gap, estimated to be USD 2.5 trillion annually. The government’s role in promoting impact investing in Nigeria will include building an ecosystem of regulatory framework and oversight by strengthening the industry infrastructure through appropriate regulation, as well as establishing sufficient leadership to monitor the market.

    I would like to add that the memorialisation of Justice Chike Idigbe JSC is a worthy addition to remind us of the evergreen legacies of this great patriot and nationalist whose knowledge and application of the law have helped to promote and entrench progressive legal culture in Nigeria.

    ●Excerpts of a speech by Prince Clem Agba, immediate-past Minister of State for Budget and National Planning, at the dinner organised by Punuka Attorneys & Solicitors as part of the activities to mark the 100-year celebration of the late Supreme Court Justice Chike Idigbe in Asaba, the Delta State capital.

  • Why estate planning should not be delayed

    Why estate planning should not be delayed

    By Bukola Seun-Oloruntuga

    A couple of years ago in Lagos, the Sanyas and the Okonkwos lived in the same neighbourhood. Although Alex and Yetunde Sanya held their loved ones in high regard, their approach to estate planning differed significantly, resulting in vastly different outcomes. As a young family full of dreams and aspirations, they acknowledged the significance of estate planning but failed to prioritise it.

    Like many people, they believed they were too young or did not have enough assets to be concerned about it. One fateful day, tragedy struck. Alex passed away in a car accident. His death left Yetunde and their children distraught. They also had to deal with a financial mess because Alex had no will.

    Essentially, there were no clear instructions on how to manage his assets or provide for his family. Consequently, settling his estate became a long and complex process, causing undue stress and family disputes.

    On the contrary, the Okonkwos, their neighbours, opted for a different approach. Emeka and Amaka were diligent with their estate planning as they knew life was unpredictable and wanted to secure their children’s future.

    Emeka often sat with Amaka to review their estate plan, discussing his will, their children’s trust, and their respective healthcare directives.

    During the planning process, they made sure to consider unforeseen circumstances, chose guardians for their underage children, and designated beneficiaries for their assets.

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    They also consulted with experts to determine any potential tax obligations and ways to reduce them to safeguard their children’s inheritance.

    After several years, Emeka passed away. Although his family was devastated by his death, they found solace in the fact that Emeka’s wishes were well-defined and accurately recorded.

    Even though it was difficult to bear his loss, the estate planning process gave them the gift of security and readiness. Amaka was able to access his assets and continue to support their children’s education and overall welfare.

    The story of the Sanyas and the Okonkwos underscores the importance of estate planning for every family, regardless of age or wealth.

    The truth is estate planning is not just for the wealthy or elderly. It is a crucial process that ensures your wishes are honoured, and your loved ones cared for when you are no longer around. Whether you have substantial assets or not, estate planning provides a roadmap for your asset distribution.

    Imagine a scenario where someone can no longer make decisions for themselves or pass away unexpectedly like Alex. Estate planning is the proactive measure that prepares them for such circumstances.

    It involves creating legal documents that dictate how your assets should be managed and distributed, who will make decisions on your behalf, and your healthcare directives.

    No matter your age or financial status, estate planning gives you peace of mind, knowing that your loved ones will be cared for according to your wishes. It prevents unnecessary family conflicts, reduces the burden of legal procedures, and ensures your legacy endures.

    At the core of any estate plan is a will. It is a legal document that outlines how your assets should be distributed after your death. It also allows you to appoint guardians for minor children and an executor to oversee the process.

    A trust, on the other hand, is a versatile tool that can serve various purposes, including avoiding probate, protecting assets, and providing for beneficiaries with special needs. Trusts can be revocable or irrevocable, depending on your goals and preferences.

    Additionally, having advanced directives, such as a healthcare power of attorney, allows you to maintain control over medical decisions even when you are unable to communicate your preferences.

    Let’s discuss beneficiaries – these are the people or organizations who will receive your assets after you pass away. So, it is critical to select your beneficiaries carefully and regularly review these designations to ensure they align with your current wishes.

    When planning your beneficiaries, it’s important to take their ages and situations into account. For example, if you have minor children, it would be wise to establish a trust or appoint a reliable guardian.

    Additionally, if you’re naming adult beneficiaries, you should consider their financial experience and whether they would benefit from asset protection through a trust.

    Another key aspect of your estate plan is taxes. Without proper advice, taxes can significantly impact the value of your estate, potentially leaving your heirs with a smaller inheritance.

    So, it is important to understand the relevant tax laws and employ appropriate strategies to minimise tax liabilities. For instance, in most jurisdictions, when you gift assets during your lifetime or utilise some types of trusts, you can take advantage of some tax exemptions and potentially reduce estate taxes.

    Finally, we all know life is unpredictable, and our circumstances may change. Hence, major life events such as marriage, divorce, the birth of children, or the acquisition of significant assets should prompt you to revisit your estate plan.

    Failing to do this can lead to unintended consequences, such as excluding new family members or leaving out critical assets. Indeed, reviewing your plan ensures that it remains current and effective. Essentially, as your life evolves, so should your estate plan.

    It is recommended that you review your plan every few years or after significant life events to make sure that it is up-to-date and reflects your current wishes.

    Estate planning is a critical step in ensuring the safety of your loved ones and the continuation of your legacy. With wills, trusts, and advanced health care directives, choosing beneficiaries wisely, minimising tax liabilities, and regularly updating your plan, you can rest assured that your wishes will be honoured when the time comes.

    Remember, it is never too early to start, but it can be too late if you procrastinate. Take control of your future today by taking the first step towards creating your estate plan.

  • After darkness comes the glorious dawn

    After darkness comes the glorious dawn

    By Bola Tinubu

    My fellow citizens, 

    I want to talk to you about our economy. It is important that you understand the reasons for the policy measures I have taken to combat the serious economic challenges this nation has long faced. 

    I am not going to talk in difficult terms by dwelling on economic jargon and concepts. I will speak in plain, clear language so that you know where I stand. More importantly, so that you see and hopefully will share my vision regarding the journey to a better, more productive economy for our beloved country.

     For several years, I have consistently maintained the position that the fuel subsidy had to go. This once beneficial measure had outlived its usefulness. The subsidy cost us trillions of Naira yearly. Such a vast sum of money would have been better spent on public transportation, healthcare, schools, housing and even national security. Instead, it was being funnelled into the deep pockets and lavish bank accounts of a select group of individuals. 

    This group had amassed so much wealth and power that they became a serious threat to the fairness of our economy and the integrity of our democratic governance. To be blunt, Nigeria could never become the society it was intended to be as long as such small, powerful yet unelected groups hold enormous influence over our political economy and the institutions that govern it. 

    The whims of the few should never hold dominant sway over the hopes and aspirations of the many. If we are to be a democracy, the people and not the power of money must be sovereign. 

    The preceding administration saw this looming danger as well. Indeed, it made no provision in the 2023 Appropriations for subsidy after June this year. Removal of this once helpful device that had transformed into a millstone around the country’s neck had become inevitable. 

    Also, the multiple exchange rate system that had been established became nothing but a highway of currency speculation. It diverted money that should have been used to create jobs, build factories and businesses for millions of people. Our national wealth was doled on favourable terms to a handful of people who have been made filthy rich simply by moving money from one hand to another. This too was extremely unfair. 

    It also compounded the threat that the illicit and mass accumulation of money posed to the future of our democratic system and its economy. 

    I had promised to reform the economy for the long-term good by fighting the major imbalances that had plagued our economy. Ending the subsidy and the preferential exchange rate system were key to this fight. This fight is to define the fate and future of our nation. Much is in the balance. 

    Thus, the defects in our economy immensely profited a tiny elite, the elite of the elite you might call them. As we moved to fight the flaws in the economy, the people who grow rich from them, predictably, will fight back through every means necessary. 

    Our economy is going through a tough patch and you are being hurt by it. The cost of fuel has gone up. Food and other prices have followed it. Households and businesses struggle. Things seem anxious and uncertain. I understand the hardship you face. I wish there were other ways. But there is not. If there were, I would have taken that route as I came here to help not hurt the people and nation that I love. 

    What I can offer in the immediate is to reduce the burden our current economic situation has imposed on all of us, most especially on businesses, the working class and the most vulnerable among us. 

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    Already, the Federal Government is working closely with states and local governments to implement interventions that will cushion the pains of our people across socio-economic brackets. 

    Earlier this month, I signed four (4) Executive Orders in keeping with my electoral promise to address unfriendly fiscal policies and multiple taxes that are stifling the business environment. These Executive Orders on suspension and deferred commencement of some taxes will provide the necessary buffers and headroom to businesses in manufacturing sector to continue to thrive and expand. 

    To strengthen the manufacturing sector, increase its capacity to expand and create good paying jobs, we are going to spend N75 billion between July 2023 and March 2024. Our objective is to fund 75 enterprises with great potential to kick-start a sustainable economic growth, accelerate structural transformation and improve productivity. Each of the 75 manufacturing enterprises will be able to access N1billion credit at 9% per annum with maximum of 60 months repayment for long term loans and 12 months for working capital. 

    Our administration recognises the importance of micro, small and medium-sized enterprises and the informal sector as drivers of growth. We are going to energise this very important sector with N125 billion. 

    Out of the sum, we will spend N50 billion on Conditional Grant to 1 million nano businesses between now and March 2024. Our target is to give N50,000 each to 1,300 nano business owners in each of the 774 local governments across the country. 

    Ultimately, this programme will further drive financial inclusion by onboarding beneficiaries into the formal banking system. In like manner, we will fund 100,000 MSMEs and start-ups with N75 billion. Under this scheme, each enterprise promoter will be able to get between N500,000 to N1million at 9% interest per annum and a repayment period of 36 months. 

    To further ensure that prices of food items remain affordable, we have had a multi-stakeholder engagement with various farmers’ associations and operators within the agricultural value chain. 

    In the short and immediate terms, we will ensure staple foods are available and affordable. To this end, I have ordered release of 200,000 Metric Tonnes of grains from strategic reserves to households across the 36 states and FCT to moderate prices. We are also providing 225,000 metric tonnes of fertilizer, seedlings and other inputs to farmers who are committed to our food security agenda. 

    Our plan to support cultivation of 500,000 hectares of farmland and all-year-round farming practice remains on course. To be specific, N200 billion out of the N500 billion approved by the National Assembly will be disbursed as follows:  

     • Our administration will invest N50 billion each to cultivate 150,000 hectares of rice and maize. 

    • N50 billion each will also be earmarked to cultivate 100,000 hectares of wheat and cassava. 

    This expansive agricultural programme will be implemented targeting small-holder farmers and leveraging large-scale private sector players in the agric business with strong performance record. 

    In this regard, the expertise of Development Finance Institutions, commercial banks and microfinance banks will be tapped into to develop a viable and an appropriate transaction structure for all stakeholders. 

    Fellow Nigerians, I made a solemn pledge to work for you. How to improve your welfare and living condition is of paramount importance to me and it’s the only thing that keeps me up day and night. 

    It is in the light of this that I approved Infrastructure Support Fund for the States. This new Infrastructure Fund will enable States to intervene and invest in critical areas and bring relief to many of the pain points as well as revamp our decaying healthcare and educational Infrastructure. 

    The fund will also bring improvements to rural access roads to ease evacuation of farm produce to markets. With the fund, our states will become more competitive and on a stronger financial footing to deliver economic prosperity to Nigerians.

     Part of our programme is to roll out buses across the states and local governments for mass transit at a much more affordable rate. We have made provision to invest N100 billion between now and March 2024 to acquire 3000 units of 20-seater CNG-fuelled buses. 

    These buses will be shared to major transportation companies in the states, using the intensity of travel per capital. Participating transport companies will be able to access credit under this facility at 9% per annum with 60 months repayment period. 

    In the same vein, we are also working in collaboration with the Labour unions to introduce a new national minimum wage for workers. I want to tell our workers this: your salary review is coming. 

    Once we agree on the new minimum wage and general upward review, we will make budget provision for it for immediate implementation. 

     I want to use this opportunity to salute many private employers in the Organised Private Sector who have already implemented general salary review for employees. 

     Fellow Nigerians, this period may be hard on us and there is no doubt about it that it is tough on us. But I urge you all to look beyond the present temporary pains and aim at the larger picture. All of our good and helpful plans are in the works. More importantly, I know that they will work. 

    Sadly, there was an unavoidable lag between subsidy removal and these plans coming fully on line. However, we are swiftly closing the time gap. I plead with you to please have faith in our ability to deliver and in our concern for your well-being. 

    We will get out of this turbulence. And, due to the measures we have taken, Nigeria will be better equipped and able to take advantage of the future that awaits her. 

     In a little over two months, we have saved over a trillion Naira that would have been squandered on the unproductive fuel subsidy which only benefitted smugglers and fraudsters. That money will now be used more directly and more beneficially for you and your families. 

     For example, we shall fulfill our promise to make education more affordable to all and provide loans to higher education students who may need them. No Nigerian student will have to abandon his or her education because of lack of money. 

     Our commitment is to promote the greatest good for the greatest number of our people. On this principle, we shall never falter. 

    We are also monitoring the effects of the exchange rate and inflation on gasoline prices. If and when necessary, we will intervene.

    I assure you my fellow country men and women that we are exiting the darkness to enter a new and glorious dawn.

    Now, I must get back to work in order to make this vision come true.

    Thank you all for listening and may God bless Federal Republic of Nigeria.

  • Scrap subjugated minister of state portfolio

    Scrap subjugated minister of state portfolio

    •  Zaidu Zaidu and Progress Godfrey

    Friedrich Hayek, a philosopher and economist, once said: “Only through independence can we truly exercise our capacity for critical thinking and decision-making.”  These time-tested words underline the importance of independence and individual autonomy, especially when tied to enormous responsibility. The portfolio of the Minister of State, a subordinate connotation within the Nigerian Cabinet, has long been a subject of contentious debate. While proponents have strenuously argued that it enhances administrative efficiency and facilitates better coordination within ministries, the critics on the other hand aver that a closer examination reveals a spate of failures and inefficiencies that have since plagued this setup.

    The critics argue that the position of Minister of State as used in Nigeria is a substitutive term for junior minister, which is more or less equivalent to the rank of an under-secretary in some Western countries. Between 1979 to 1983 (under the leadership of President Shehu Shagari, GCFR) and from 1999 to the present, successive Nigerian presidents have created the positions of Minister of State to appease loyalists and satiate various political interests. Although the law provides for a Minister to be appointed from each State of the Federation – non “more equal than the other”, this error has persisted in glaring contradiction of constitutional dictates. Section 147 of the Nigerian Constitution establishes the offices of the Minister but does not recognize the existence of any such roles for the Ministers of State.

    Away from the pages of the Constitution and down to the reality on the ground, history has shown the consequences of this long-running anomaly. For one, the productivity of many so-called “junior” ministers have been marred by inadequate decision-making power; as a result, state ministers rarely get to effect substantial changes, as they stagnate in second-fiddle capacities with no clear-cut responsibilities. This limited power not only hampers their ability to implement policies effectively (as they often have to refer to the substantive minister), but often leads to discord in their discharge of duties which in turn creates unnecessary confusion, redundancies, and delays. Needless to say, this becomes a cog in the wheels of executive governance, for which the governed bear the full brunt..

    One personality who knows full well the extent of these frustrations is Chief Donald Omotayo Alasoadura, a former Minister of State for Niger Delta who served in that position from 2019 to 2022. At an event last year, he had described the position as a “condemnation” where the operational capacity of the junior ministers was limited, especially within the Federal Executive Council. It is also interesting to note that the former Minister of State for Labour and Employment, Festus Keyamo, SAN, had argued that many state ministries were largely redundant, due to the fact that state ministers were going to the office solely for symbolic purposes and just to wile away their time. “Files are passed to them to treat only at the discretion of the other ministers and the permanent secretaries.” Yet, the ministers of state, tied inexorably to the apron strings of his superior minister, “will receive either praise or condemnation for the successes or failures of such ministries,” Keyamo revealed in a valedictory speech at the Presidential Villa, this year.

    Keyamo also frowned at the provision that ministers of state cannot present memos in council, except with the permission of the senior minister, describing it as another anomaly. While both ministers represent different states in the cabinet, Keyamo’s argument buttressed the salient point that the discretion of the minister of state is subsumed in the discretion of the senior minister. This also explains the difficulty in assessing the individual performances of the ministers of state since their discretion is more or less tied to the discretion of the senior ministers.

    Keyamo’s bravery in speaking out is worthy of high commendation because some ministers of state only remain silent in order not to be perceived as ingrates. Michel Foucault, a French philosopher who challenged traditional notions of power and authority, was apt when he said, “True independence is not the absence of authority, but the ability to question and challenge it.” In a nutshell, true freedom is possible only when power dynamics and systems of control are subjected to scrutiny.

    Yet another glaring instance borders on the matter of accountability. With the subjugated portfolio of the minister of state, the average Nigerian citizen is unable to figure out exactly who takes responsibility for work done, leading to the sort of conundrum that has played out with the Ministry of Power. While many people have wrongly attributed multiple instances of power outage and poor electricity supply to the minister of state in that sector, others believe that such shortcomings fall rightly under the purview of the senior minister. This ambiguity surrounding the division of duties and responsibilities between the minister and the minister of state contributes majorly to a distorted understanding of official authority. Consequently, it becomes challenging to hold certain individuals accountable for failures occurring within their respective ministries.

    Read Also: Imprints of former FCT Minister of State Aliyu

    The portfolio of the Minister of State in Nigeria has proven time and again to be a flawed administrative arrangement, hindering effective governance and muddling lines of accountability. The limited decision-making power, diffusion of responsibility, and duplication of roles have resulted in a large deficit of efficiency that is unfairly attributed to the state ministers.

    While we cannot run away from the expenditure of the portfolio, since the roles exist in real-time, it is now expedient that to foster efficiency and ensure clear lines of accountability, the current administration must initiate and execute reforms that would empower ministers of state with genuine authority. Such reforms would not only prove effective in enhancing transparency but would also streamline administrative structures, ultimately leading to improved governance in Nigeria. It is time for the government to critically evaluate the relevance and efficacy of this position, keeping in mind the overall goal of building a stronger and more accountable nation.

    It is worthwhile to consider historical parallels and alternative systems such as that of the South African and United States governments. In the South African system of governance, the cabinet consists of the president, who is the constitutionally recognised head. The President has the legal authority to appoint a Deputy President, Ministers and Deputy Ministers, and also assign them with powers and functions. However, the functional capacity of deputy ministers in this cabinet system is strictly limited to that of assistance only. This means that there is never a situation where the roles of ministers and their deputies are conflated or interchanged; the distinction is absolute.

    On the other hand, the United States does not have the recognition of the Cabinet established within its constitution. Still, the formation of a cabinet (with the appointment of departmental heads) is sometimes instrumental to the success or failure of government policies, since the President relies on his cabinet as a principal advisory body. However, the President is not a member of the cabinet itself, even though he often chairs their meetings, and the cabinet in question lacks the authority to act on its own. The powers of each cabinet member is clearly defined in accordance with the function of their respective departments, and there is never a reason for role divisions to blur and blend. This is because the limits of administrative jurisdiction are highly respected in the United States, and overstepping such boundaries can lead to severe consequences.

    Interestingly, most U.S. presidents would promise to hold frequent cabinet meetings at the onset of their tenures, before gradually becoming tired of such meetings. Richard Nixon famously despised his own cabinet! However, the importance of the cabinet often manifested on occasions where the exchange of ideas was necessary before a new policy could be undertaken. It is also noteworthy that over the course of United States government history, changes to the structure of the cabinet, including the additions of new departments, were effected on the grounds of utmost necessity. A potent example is the establishment of the Department of Homeland Security, which was exigent following the infamous 9/11 terrorist attacks on US national security.

    In considering all of the above, it should be clear that necessary reforms to the structure of government in Nigeria must not only take historical precedents into consideration but also be executed as a way of potentially setting new standards that would not only align with constitutional dictates but strongly reflect the progressive thrust of this administration. Seeing that ministers are firstly citizens before their ministerial mandates, President Bola Ahmed Tinubu, GCFR, must consider the stand of Thomas Jefferson, one of the Founding Fathers and third president of the United States, who said, “The greatest strength of a nation lies in the independent thinking and decision-making abilities of its citizens.”

    President Tinubu should establish his uniqueness from his predecessors by jettisoning the old order of appointing state ministers solely to compensate certain groups, individuals and interests without recourse to the cognate value they bring to their respective portfolios. By doing so, he would succeed on a front where his predecessors have not, which is to cut down the cost of governance and eliminate the conflict of interest and unfair scrutiny sure to arise from having two uneven heads in a ministry. This audacious move would not only be welcomed by Nigerians who have long decried the increasing cost of governance but also signify the seriousness this administration has promised to deliver in bringing a fresh breath of hope to Nigeria.

    • Read the concluding part on https://thenationonlineng.net/

    •Zaidu and Godfrey are diversity analysts and write from Abuja

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  • 1999 Constitution, restructuring and true federalism

    1999 Constitution, restructuring and true federalism

    •  By Mazi Afam Osigwe

    I commend the organisers for choosing the theme of this year’s lecture: 2023 And Beyond: The Imperatives of True Federalism In Nigeria’s Constitutional Democracy.

    Since Nigeria gained full independence on October 1, 1960, there has been an unending discussion about how to achieve true federalism.

    The idea of restructuring Nigeria has been so much discussed that there is no generally accepted definition of what it means or what it entails. If there is one thing Nigerians agree on, it is the fact that the federation as presently constituted needs to be reconfigured.

    Sadly, Nigerians do not agree what on what actually needs to be changed or how best to achieve whatever needs to be fixed…

    There is no doubt the current structure has not worked very well for Nigeria. Different sections of Nigeria continue to agitate for the restructuring of Nigeria so that the states would not only develop at their pace but also effectively harness the resources within their territories for the good of the states. 

    No matter the level of opposition to restructuring Nigeria or the misconception of the agitation, the reality remains that it is an idea whose time has come. 

    While nobody expects that the whole point sought to be amended will be carried out in one fell swoop, the inevitability of some of these amendments stares us in the face. 

    The Federal Government seems to have taken note of the imperativeness of addressing these agitations, even if piecemeal. After all, a journey of a thousand miles begins with one step…

    The first recommendation I will make is a common-sense approach of agreeing on what needs to be taken out of the Constitution and replacing them with what we agree will enhance the workability of our federation.

    Concurrent List of 30 items, on which the federal and state governments can both act. The thirty (30) in the Concurrent list should be reviewed to transfer some items to the residual list. Items like industrial, commercial and agricultural development, health and education should exclusively be reserved for the federating units (states).

    Removing many items in the Exclusive Legislative List (68 items), in respect which only the Federal Government has legislative competence and transfer the items to the states. Some of the items have already been moved to the concurrent list.

    The demand by some states to establish their own state police forces should be considered. This may entail removing the Nigeria Police Force and policing from the exclusive list and putting same in the concurrent. The exclusive powers granted to the federal government has impacted negatively impacted on security as a result of poor funding, corruption, nepotism, incessant human rights violations, and unquestioning allegiance to the federal government. The failure of policing has worked to the detriment of the people and the state.

    Read Also: 1999 constitution will frustrate next president, says Afe Babalola

    A Security Council should be established for the states since the state governors, who are supposed to be the chief security officers for their respective states, are not included by office in the membership of the National Security Council.

    Resource control should be decentralized to make Nigeria more productive, economically buoyant and less dependent on oil. States should be allowed to control the exploitation of resources found within their territory and pay tax to the central/ Federal Government.

    The tax powers of each tier of government should be reversed, in favour of states and local governments. The States and local governments depend worryingly on statutory allocations from the federal account, which in turn depends heavily on revenues from petroleum resources. 

    This pattern skews the development priorities of governments and cripples the ability of many states to generate revenue internally.

    The centralised method of appointing and disciplining judicial officers for both states and federal courts must be reviewed. The Judiciary should also be strengthened for the timely dispensation of Justice. 

    The Federal and State governments should ensure that the constitutional financial autonomy given to the judiciary is given effect so as to avoid such adverse effects as ‘poor and inadequate judicial infrastructure, low morale among judicial personnel, alleged corruption in the judiciary, delays in the administration of justice and judicial services delivery and generally low quality and poor out-put by the judiciary’.

    The Chief Justice of Nigeria (CJN) shall no longer appoint some other members of the NJC.

    The provisions of Paragraph (i) 20 (i) of the Third Schedule, Part 1 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which precludes all NBA nominees on the NJC from dealing with judicial matters other than appointments into the superior courts of record (i.e. only one item out of thirteen) is certainly discriminatory and unwarranted and should be out-rightly amended. (After all, Judges play a prominent role in the disciplining of lawyers).

    The over-concentration of powers in the office of the Chief Justice of Nigeria by the 1999 Constitution should be amended. The CJN should cease to be the Chairman of the NJC and all other similar constitutional and statutory bodies. 

    Any suitable Nigerian with requisite experience, impeccable records of service and competence (like a retired Justice of the Supreme Court, former President of the NBA, Professor of Law, or any legal practitioner etc) could be appointed as Chairman for only one term of five years;

    Local government should be granted and the Joint Account for Local Governments should also be abolished so that the local governments can control revenues accruing to them from the Federation Account.  

    The democratic local government provided for in Section 7(1) of the 1999 Constitution should be reinforced by specific provisions that would prevent the dissolution of local government areas (LGAs) by state Governors or state legislature, remove the power of state governors to replace elected representatives at the LGA level and remedy the failure by successive governors to conduct local government election.

    The Constitution should be amended to remove its unitary features and unitary preoccupation with the centralisation of power at the centre so that power will be equitably distributed to the states.

    The country should be united as it is clearly not united at the moment. Nigerians should be able to live in any part of the country, work and legitimately earn a living and not be discriminated against, attacked, killed or unlawfully incarcerated, based on religion, race or culture, or place of birth.

    While I strongly suggest that some of these recommendations be considered for implementation, I will still agree with Kingsley Moghalu that “We cannot restructure in isolation without tackling the challenges that polarise our nation. These include nepotism, ethnic and religious differences as well as lack of patriotism. 

    The issues of tribe and religion have continued to limit our unity and progress as a nation. States should be allowed to have more authority over their affairs and the Federal Government should recognise the imperativeness of devolving more powers to the States. 

    The states should also allow local governments to operate democratically and also manage their revenues without any undue interference.

    We must, therefore, advocate a restructuring of our values, attitudes and mindset. Those agitating for restructuring must also eschew rhetoric that makes other segments of the country view the agitation as an attempt to break up the country. 

    All parts of Nigeria must be made to understand that to prevent strife, civil disturbances, and secession and preserve the union, restructuring is the most peaceful and least destabilising way to keep the peace and build an enduring nation.

    The hope of the common man will continue to wane if we do not fix the country so that the people will enjoy the dividends of democracy. If we get our federal system properly fixed, everything will fall into place. Thanks for listening.

    ●Excerpts of a guest lecture by Osigwe, a Senior Advocate of Nigeria (SAN) and former Nigerian Bar Association (NBA) General Secretary, at the B.O.B Benson SAN Annual Memorial Lecture organised by the NBA Ikorodu Branch as part of its Annual Law Week.

  • CAMA sections’ applicability to banks that are public companies

    CAMA sections’ applicability to banks that are public companies

    On February 14, former President Muhammadu Buhari signed into law the Business Facilitation (Miscellaneous Provisions) Act, 2023 (the “BFA”). Section 14 of the BFA amended sections 275 (1) and (2) of the Companies and Allied Matters Act, 2020, which previously provided as follows: 

     “(1)   A public company shall have at least three independent directors.”  

    (2) “In a public company, any person who nominates candidates for the board who would comprise a majority of the members of the board shall nominate at least three persons who would be independent directors.” 

     With the Amendment, Sections 275 (1) and (2) now provide as follows: 

     “(1) A public company shall have at least one-third of the total number of its directors as independent directors. 

    (2) In a public company, any person who nominates candidates for the board, who would comprise a majority of the members of the board shall nominate at least one-third number of persons who would be independent directors

     The consequence of the amendment is that public companies can no longer appoint a minimum of three independent directors. The new requirement compels public companies to appoint not less than one-third of their board members as independent directors.

     So, for instance, if an affected public company has 18 members on its board, six of them are required by the amendment to be independent directors. Under the old law, it would have been three.

     The impact of 275 (1) & (2) of CAMA (as amended) is that some public companies may need to replace Non-Executive Directors or Executive Directors on its board with independent directors to maintain the threshold of one-third of the board members provided by the new section 275 of CAMA. Some boards of public companies may lose policy control of their companies.  

     Some stakeholders have raised the question as to whether Section 275 (1) & (2) of CAMA (as amended) applies to banks that are public companies.

     Our position is that it does not apply to banks that are public companies because 275 (1) & (2) of CAMA (as amended) conflicts with two specific laws on banking: The Code of Corporate Governance for Banks and Discount Houses, 2014 (The code is subsidiary legislation of the CBN Act, thus has the effect of the CBN Act) and also the Banks and Other Financial Institutions Act (BOFIA), 2020. Sections 275 (1) & (2) of CAMA (as amended) may also be unconstitutional.

      Section 29 (1) of BOFIA, 2020 provides that “Notwithstanding anything to the contrary contained in this Act or in any other enactment, the Bank (the CBN) shall have and exercise regulatory and supervisory power over banks, other financial institutions, and specialised banks to the exclusion of any other agency or institution”. 

     The Central Bank of Nigeria (CBN), pursuant to its exclusive regulatory and supervisory powers over banks in Section 29 (1) of BOFIA, has issued the Code of Corporate Governance for Banks and Discount Houses 2014. The Code in Section 2.2.4 provides as follows: ”The board of banks shall have at least two (2) Non-Executive Directors as Independent Directors while that of Discount Houses shall have at least one (1) as defined in the CBN guidelines on the appointment of Independent Directors.” 

     It is trite law that ‘generalia specialibus non-derogant’: where there is a conflict between general legislation and specific legislation on the same subject matter, the specific legislation prevails (see Bamgboye v Administrator-General, 1994, 14 WACA 616; Abubakar v Nasamu no.2, 2012, 17 NWLR, pt.1330, 523 at 576; and America Specification Autos Ltd & Anor v AMCON, 2017 LPELR-44016, CA.).

     Quite obviously, the amendment puts the position of CAMA (general legislation) in conflict with the Code of Corporate Governance for Banks and Discount Houses, 2014, as well as the Banks and Other Financial Institutions Act (BOFIA), 2020(specific legislation). The combined effect of Section 29 (1) and the plethora of case laws is that Sections 275 (1) and (2) of CAMA (as amended) do not apply to banks that are public companies.

     In addition, Sections 275 (1) and (2) of CAMA (as amended) appear to violate the right to freedom of association and enterprise. Compelling public companies to appoint to their board significant numbers of Independent Directors who may not share the vision of the public company can make the board lose policy control of the company. This is unconstitutional and amounts to indirect expropriation/violation of the right to free enterprise.  This article is to bring this matter to the attention of the Corporate Affairs Commission (CAC) the administrator of the Companies and Allied Matter Act. 

    • Okeke is Associate Partner at Olisa Agbakoba Legal (OAL). Ejeh is an Associate in the firm.
  • Akpabio, Yari and triumph of democracy

    Akpabio, Yari and triumph of democracy

    The 10th National Assembly kicked off yesterday on a good note. Both chambers built on the culture of democratic choice, parliamentary etiquette and due process during the election of presiding officers. There was a display of political maturity as Abdulaziz Yari, former Governor of Zamfara State, who lost to his colleague, Godswill Akpabio, congratulated the new Senate President.

    Governors Seyi Makinde (Oyo), Yahaya Bello (Kogi), Babajide Sanwo-Olu (Lagos), Hope Uzodimma (Imo), AbdulRahman AbdulRazaq (Kwara), Biodun Oyebanji (Ekiti), and Dapo Abiodun (Ogun), who observed the proceedings from the gallery, nodded that it was democracy at work.

    Also, in the House of Representatives, where 359 members chose Tajudeen Abbas as Speaker, the session was not rowdy. His rival, former Deputy Speaker Idris Wase, accepted defeat, despite his initial pre-election bravado.

    The election of Deputy Senate President Barau Jibrin and Deputy Speaker Benjamin Kalu followed the same pattern. While 63 senators voted for Akpabio, contrary to the projected 72 which Senator Ali Ndume had brandished, 46 senators opted for Yari. The difference of 19 statistically drew the line between victory and defeat. The winner dares not deride the loser. The loser cannot proceed to rock the boat anymore.

    After his inauguration, President Bola Tinubu declared that the election was over, adding that it was time for governance. In the same vein, Akpabio’s speech was conciliatory. The summary was that after almost four months of scheming, consultations and intense mobilisation, presiding officers have emerged and it is now time for legislative business. The election has two implications.

    The National Assembly chairman and his deputy share the same vision as the President. This may herald a harmonious working relationship. Conversely, the acrimonious Legislative/Executive imbroglio that permeated President Muhammadu Buhari’s first term may be absent in Tinubu’s time. Akpabio emerged through a competitive process.

    Although the ruling All Progressives Congress (APC) had endorsed the four who eventually became principal officers, certain APC senators refused to toe the party line. The reasons were not far-fetched.

    In the Senate are old political warhorses -former governors, ranking senators, former House of Representatives members and other big people – who cannot be pushed aside. The scenario that was enacted on the floor was also not new.

    In mature climes, including the United States, the executive has not always succeeded in ensuring that party colleagues emerge as Senate President and Congress Speaker.

    Remarkably, in 2011, the defunct Action Congress of Nigeria (ACN) caucus caused a stir in the House of Representatives when it aided Aminu Tambuwal of the Peoples Democratic Party (PDP) with votes against Mulikat Abiola, who was tipped for Speaker by the then ruling party. President Tinubu was apparently not oblivious to the political dynamics. Having endorsed the candidates put forward by the APC, he summoned a meeting of all senators, irrespective of party affiliations. The meeting paid off as some senators agreed to pitch tent with Akpabio/Jibrin and Abbas/Kalu in the spirit of party supremacy and discipline.

    Read Also: VIDEO: Senate President Akpabio visits ex-Rivers Gov Wike

    However, some pro-Yari supporters were not swayed by presidential weight. Sources alleged that they stuck to the former Zamfara governor due to selfish reasons. Yari ran for Senate President as if he was running for a general election. He threw his networks and resources into the race. Propagandists rationalised that the religious consideration that underlined zoning of the slot to the Southsouth never mattered. Supporters of Akpabio had pointed out that since the President, Vice President Kashim Shettima, House Speaker and Chief Justice of the Federation are Muslims, the number three citizens should be a Christian. But, the power distribution mirrored the Muhammadu Buhari era when the former President, former Senate President Ahmed Lawan and CJN Tanko Mohammed were Muslims from the North.

    Despite the conflict that preceded yesterday’s intra-parliamentary polls, which was normal, the election supervised by the Clerk to the National Assembly was devoid of intimidation and victimisation. The events in the highly populated House of Representatives were devoid of tension, contrary to fears in some quarters. Abbas nearly got all the votes in an atmosphere of consensus.

    Yesterday’s inauguration of the National Assembly brought to the fore two puzzles. Party supremacy is key. But, it can also be threatened by other variables in a highly heterogenous country characterised by ethnicity, religious divides and the clash of personal and regional ambitions. There can be a shift of allegiance, sometimes, from the party to other centres of influence.

    Zoning, which is premised on convention nurtured by an understanding of the criteria of fairness and justice, should be politically sacrosanct as a tool for equitable distribution of power and maintenance of balance among competing zones.

    After the emergence of the first set of principal officers, attention will now shift to the choice of majority and minority leaders, chief whips and their deputies in the Red and Green Chambers.

    Much later, the jostling for chairmanship of Senate and House committees will commence. Akpabio has promised to provide an ‘uncommon’ leadership. A lawyer, he comes across as a charismatic leader. The onus is on him and Abbas to play unifying roles in the parliament. The Senate President and Speaker should make “inclusiveness” their watchword.

    They should shun vendetta and embrace those who had opposed them as partners needed in a National Assembly that is expected to collaborate with the Executive to drive the vision of a better Nigeria but in an atmosphere of separation of powers and checks and balances.