Category: Tribute

By Abdullah Shuaib

We became friends in 2008 when I assumed office as the pioneer Executive Director/CEO of Zakat and Sadaqat Foundation, Lagos, where I initiated media parley with the management of the foundation. Waheed Bakare was among the several Muslim journalists that honoured my invitation even though he knew me not before that time. Waheed as popularly called was an unassuming person. That was the first impression I got from him on the first day of our meeting and remained consistent until his demise.

Within the span of those years, it was either we met at one of the events of the foundation or another Muslim programme. On other occasions, we spoke on phones about upcoming events of the foundation or Nigerian Project or how to support the Muslim journalists by building their capacity. Waheed was a selfless journalist who put the interest of his colleagues in the media profession above his. Any opportunity he had with me, he always centred his conversations on the need for the Muslim Ummah to work insidiously either through collaboration or partnership with local or international organisations on the human capital development of Muslim journalists. I recall a particular day when he called me on phone to express his joy upon hearing that our foundation had muted the idea of sponsoring Muslim journalists abroad for training. He was very excited and appreciative of the initiative and wished that many other Islamic faith-based organisations could emulate our footstep.

Waheed was also a reliable, trusted and loyal friend. During the wedding of one of my daughters, he was among those I sent late invite to. In spite of his previous commitments which clashed with the date of the wedding, he honoured my family with his attendance from the beginning to the end of the ceremony. Waheed demonstrated his loyalty as a true friend.

To say Waheed Bakare was a Muslim activist and core professional in the media sector is an understatement. Aside been a practising Muslim, he used the pen to propagate Islam, defend its image and represent the interest of the larger Ummah without infringing on the rights of non-Muslims. He was able to balance Islamic activism with professionalism. Like the sayings of Ali bn Abi Talib, “the value of every person is found in what he is best at,” inspired by altruistic motive, I can say that Waheed was never found wanting in his journalism profession by any of his employers and within the space of the Muslim Ummah till his soul returned to its creator.

My tribute to Waheed will not be completed if I do not mention that he was humane, kind-hearted and generous. Many people have wrong impression about journalists. Majority will even throw caution to the wind by associating beggary with journalism. Of course, this is far from been true. Again, I recall early this year, 11th January, 2020, when I created a WhatsApp group named – A Helping Hand – used for crowd funding to bail out a young school certificate girl that lost her father and her family were ejected from their apartment because they could not afford the rental fee among other existential challenges. Though I don’t know the girl before our conversation, I promised to assist her.

At that time, I was financially constrained. I thought of what to do for this girl that wolfs in human skins wanted to take advantage of. Allah’s guidance came at hand. In my own words, quoting from the wall of the group “However, due to the urgency and circumstances beyond my control at this period, I am unable to do the needful. Hence, I have to reach out to kind-hearted people like you for a FAVOUR on behalf of a distressed Muslim sister, who needs urgent assistance of N500,000.”

The late Bakare was among the few kind-hearted friends I added to the group. Within 24 hours, I was able to realise N750,000 for the distressed girl. Waheed kept sending private sms explaining the difficulty he was experiencing from network failure which caused his inability to make his donation. I was impressed that some men such as Waheed from the fourth estate of the realm could be so passionate and moved by altruism to support the distressed girl. He never rested until his payment transfer was successful. He donated handsomely. Indeed, in the words of Abubakar, the first Caliph, “Taking pains to remove the pains of others is the true essence of generosity” Without mincing words, Waheed Bakare contributed in removing the pains of others. He was indeed a generous person.

Waheed did not stop after his donation; he was also a strong advocate of crowdfunding for the benefits of others. In his words when I initiated the crowdfunding, he said: “This should not be a one-off thing please.” Five months after he uttered the statement, Waheed never had any premonition that his journey on the path of humanity would be terminated so soon. Succinctly put, the fourth Caliph, Ali bn Abi Talib said: “Days are the pages of life, so make them eternal with your best deeds.” Waheed had paid his dues on the path of goodness to his creator and fellow human beings. Despite the great pains his exit has caused us in the last day of the month of forgiveness, mercy, blessings and period of Eid-il-Fitr celebration, one is hopeful and prayerful that Allah’s mercy will be on his soul and Jannatul Firdaws will be his final abode. For, “Allah is with the doers of goods.” Q29:69.

Finally, as advocated by Waheed himself, part of my tribute to him is the need to use the same crowdfunding strategy to mobilise fund for his immediate family (wife and children) in order to soothe their pains and reposition the family’s economic sustainability and human capital development. As a suggestion, if the funding strategy is efficiently handled, may be by his immediate constituency – the Muslim Media Practitioners of Nigeria (MMPN), I believe, a reasonable millions of naira could be realised within a short time to wipe the tears of the family Waheed left behind…

• Dr Shuaib is the CEO of Jaiz Charity and Development Foundation, Abuja.

By Bisi Olawunmi

Alaiyeluwa, His Imperial Majesty, the Awujale of Ijebuland, Oba Sikiru Kayode Adetona, had two major celebrations  within two months –  his 60th anniversary on the throne of his ancestors in April and his 86th birthday on 10th May 2020.  Both celebrations attracted eulogies for this charming king.

Some of the riveting celebrative write ups include those by Tunde Oladunjoye, a chieftain of the ruling All Progressives Congress in Ogun state, Mr. Dare Babarinsa, a crusading, eminent journalist ( as a journalist myself, I reject the tag ‘veteran journalist’ )   and Dr. Fassy Yusuf, a former Commissioner of Information in Ogun state and an Ijebu-Ode ‘son of the soil’. They all extolled the virtues, the integrity and doggedness of this warrior king.  I have not read any tribute from Chief Duro Onabule, the  Jagunmolu of Ijebuland and a committed foot soldier in defence of the Awujale in his battle with state power in the attempt to depose him by then Governor of Ogun state, Chief Bisi Onabanjo, also an indigene of Ijebu-Ode. Chief Onabule, another eminent journalist,  was in the trenches during that epic battle and got his chieftaincy title, Jagunmolu – the victorious warrior – from that encounter.

As is expected of such celebrative write-ups,  they were not critiques and  as such, a sticking issue associated with the Awujale,  a Bill before the Ogun State House of Assembly  on the Installation and Burial of  Traditional Rulers,  was glossed over by all the writers. The Bill, titled : ‘Ogun State Traditional Rulers (Installation and Burial Rites) Bill 2020,  sponsored by  Mr. Akeem Balogun, representing Ogun Waterside constituency and co-sponsored by Mr. Akeem Amosun, representing Ewekoro constituency had been rushed through for second reading on May 5, 2020  without recourse to public hearing. The Bill seeks  to strip traditional religion worshippers  of their primary roles in the installation and burial rites of traditional rulers and prescribing that such rulers  can choose to be installed and  buried according to their religion.  Oba Adetona, has been crusading for this reform of the rites of  installation and passage of traditional rulers conducted  by the traditional worshippers  headed by the  ‘Osugbo’ who perform some rites  prior to installation of a traditional ruler  and also take control of the body of an Oba when he joins his ancestors. There are rumours  that parts of the bodies of  deceased kings are taken out and preserved for the successor king, on the assumption that the heart of a demised king lives on in the successor.  But this has remained a rumour, perhaps a myth, as no one has presented evidence of such act. Even where there is some credence to such act, that aspect can be expunged without stripping the traditional religionists the right to conduct burial of a traditional ruler. With regards to installation rites in Ijebuland, an Oba-elect goes into seclusion for three months during which he is tutored in the history and traditional practices associated with the revered throne he is about to ascend. He is also  fortified by  powerful traditional medicine men to literally become invincible to any evil machinations; he thus becomes an ‘Orisha’  a demi-god, by virtue of that fortification. Short circuiting this process is said to explain why some ‘Westernised Obas’ , not authentic traditional rulers,  have become cheap preys for kidnappers  and been visited by all manner of indignities.  It pains that the highly revered  Awujale  leads this battle that apparently diminishes the traditional institution Obas are expected to defend and project.  Perhaps, at age 86, and getting to time up, the refrain, nearer to thee Allah, nearer to thee, has apparently become troubling to Oba S.K. Adetona, hence the urgency of this LAST STAND,  prompting a corralling of the force of law to actualize his reform agenda in the Battle of Burial Rites.  I take pride in being an Ijebu son and in the sustenance of the dignity of the Awujale throne by Oba Adetona. This respect informed my leading a Voice of Nigeria (VON) team, as Assistant Director of News, to the palace in Ijebu-Ode to interview the Awujale in year 2000 on the occasion of his 40th anniversary on the throne.  I also belong to royalty. My great Uncle, Oba  Thomas Olaitan Oduntan, Erebineyin Joye 11, the Mogosu of Ibido-Ogbo, near Ijebu-Ode, who crowned the Awujale in 1960 was my grandmother’s younger brother and as a child, I followed my grandmother to that coronation. Oba Oduntan reigned for 48 years (1960-2008) I also grew up in the palace of Ilamuren of Okelamuren, also near Ijebu-Ode, Oba Julius Adebambo, and was the Town Crier in my primary school days until I got admission to Ijebu-Ode Grammar School in 1962.  I followed the Ilamuren to ‘Iledi’ and used to carry  the royal umbrella of the Ilamuren on his visits to the old Awujale palace during the reign of Oba Daniel Adesanya, Gbelegbuwa 11.  Oba Adetona has since turned the old structure to a world class palace that is the pride of Ijebus. Oba Adetona, as a unifying father, achieved the landmark of turning the Ojude Oba festival into an iconic ALL IJEBU affair, irrespective of religious affiliation,  even though it has a Muslim origin. The current campaign of religious  identification risks diminishing this legacy.

As a royalist, I see this Bill as inimical to the institution of traditional rulership in Ijebuland and by extension, the entire Yorubaland.  Governments  and politicians in Nigeria are the biggest enemies of the traditional rulership institution,  and have tried to reduce traditional rulers to foot-mats to be trampled upon. It is bad enough that a power drunk state governor can engineer the dethronement of an Oba on flimsy charges.  The crusade, therefore,  should  be getting governments and politicians off the back of Obas, and not for an Oba to seek  intervention of a state institution, like the House of Assembly, to neutralize a traditional institution like the Osugbo.  Traditional rulers are custodians of traditional culture and religion. A situation, as being proposed in the Bill, where a Christian  or Muslim Oba-in-waiting is installed in a church  or mosque makes a mockery of the title : Traditional Ruler.  A traditional ruler belongs  to all religions but with traditional religion his primary constituency once he ascends the traditional throne.

Ultimately, anyone  aspiring to the exalted position of a traditional ruler must be ready to abide by traditional norms or decline the position. Period.  Some so-called born-again Obas refuse to host traditional festivals or perform certain rites, thereby engendering crisis, with some of them getting chased out of their domains by irate indigenes.  Such rulers, averse to observance of tradition, have an option : ABDICATION.

The Awujale, Oba S.K. Adetona, has been a pride of Ijebuland. This his last proxy  battle with traditionalists, via state law,  is an over kill.  It should not be the epitaph to a long, illustrious reign.

• Dr.Olawunmi,a Communication Scholar, is former Washington Correspondent of the News Agency of Nigeria. Phone (SMS ONLY 0803 364 7571 Email : olawunmibisi@yahoo.com

By Jibrin Baba Ndace

He would have been a professor if he had remained in the academia. He would have been a successful General if he had chosen the route taken by some of his friends. He would have been an accomplished public servant had he joined the public service, or a top diplomat in the Foreign Service had he gone that way. If he had taken to the king of games and game of kings, with a mallet and stick on horseback, he would have been a champion polo player. If he had joined politics, he would have since made a success of it.

His trajectory has shown that whatever profession or vocation he would have chosen, he would have made the best of it. His attributes and how he handles affairs in providing purposeful leadership show that he combines the traits of a teacher, public servant, diplomat, military general, politician and polo player.

Born on May 2, 1966, Alhaji Mohammed Idris is a man way ahead of his time with an uncommon capacity in identifying opportunities in his ability as a skilled communicator. Little wonder that nearly three decades ago, he ventured into uncharted waters and took the path never taken by many in his generation, especially from his part of the country. He took a step that many considered as ‘class suicide,’ leaving a secure public employment to venture into the uncertain, ‘accident-prone’ private sector.

Armed with a Bachelor of Arts and Master degrees all in English Language from Usman Dan Fodio University, Sokoto, and Bayero University, Kano, respectively; classroom experience at tertiary level; and understanding of value addition of communication skills, Alhaji Idris set out on the lonely and bumpy road, but never looked back.

This bold step led to the establishment of Bifocal Communications Limited in 1993, as platform for using his background as a communications expert imbued with the can-do spirit, to add value to humanity. With a firm belief that communication is at the core of human existence, he embraced public relations practice and focused on offering consultancy services for clientele in both public and private sectors of the Nigerian economy.

Bifocal Communications which became a leading public relations and communications consultancy company in northern Nigeria, within a short period of its establishment, operated as a reliable brand in managing advocacy and other intricate communications issues for local and international organisations. Hence, the company has served as lead consultant in managing advocacy/public enlightenment for International Fund for Agricultural Development (IFAD); communication and strategy to the Federal Ministry of Agriculture and Water Resources, National Primary Education Commission (now UBEC), European Economic Commission (EEC) and Transcorp Limited among several others.

In an interview on his 54th birthday, he said, “It has been a very fulfilling journey since I left my teaching job and ventured into public relations practice with Bifocal Communications Limited. It was Bifocal that gave birth to virtually all the other brands – from one company we have about five now in the group; and they are all doing well.”

In the last three decades he has been the chief strategist and visionary leader of Bifocal Communications and in the process, ‘providing solutions to corporate clients, delivering return on investment for stakeholders, diversifying as well as creating employment opportunities and mentoring for many Nigerians who have grown to become business leaders in their own right.’

While he was focused on building his company, he was mindful of his responsibility of deepening the course of public relations practice in northern Nigerian in particular and Nigeria in general. To achieve this, he joined forces with other like-minds in the profession towards expanding it. Within a short period, he became a key player in the Nigerian Institute of Public Relations, Kaduna.

His commitment earned him unprecedented goodwill within and outside the chapter which resulted in his election as chairman, NIPR, Kaduna chapter, for two consecutive terms (2004-2008). Within the same period, he was the vice- chairman, Public Relations Consultants Association of Nigeria (PRCAN), an umbrella body for all notable public relations consultants.

A fellow of the Nigerian Institute of Public Relations and member, African Public Relations Association (APRA),  Alhaji Idris continues to be a key player among the stakeholders at national and continental levels.

At the turn of the millennium, when Bifocal was about a decade old, Alhaji Idris took another bold step by venturing into publishing with the debut of The MarketMagazine in 2004. This unprecedented move established him as a man with eyes on the future – without media background as a practising journalist, his foray into the media industry as a publisher took the world by storm.  Published by Cavalet Publications Limited, The Market is the first business and economy magazine in northern Nigeria with a mission to, among other things, ‘examine the extent to which government and the organised private sector could enact a synergy for a more prosperous society.’

As he is noted for, he assembled some of best hands in the industry — a mix of experienced professionals and promising young graduates and interns on the staff roll. The team which he led, ‘created a break from the clutter in the industry with high quality editorial and pictorial content focusing on business and economy.’

In 2011, Alhaji Idris took another audacious step with the debut of BlueprintNewspaper, where he assembled a team of very experienced media practitioners and younger reporters who were hungry for challenges. Within a short period the paper raised the bar of investigative journalism.

With a dedicated team, the publisher, who is a member, Newspaper Proprietors of Nigeria (NPAN), International Press Institute (IPI), Northern Media Forum and US-based Online News Association, has kept the paper on the newsstands for the last nine years.

Despite the obvious challenges in the media industry, the amiable and charismatic publisher says for him, the journey has been worthwhile with no regrets at all. He said, “The journey has been worth it. For any journey you start and nine years down the road you are still on it, I feel significantly accomplished that the brand that started just like play is now a big brand in Nigeria.”

While embarking on continuous diversification, it is clear that he is determined to build a media conglomerate with further repositioning of BlueprintNewspapers, the re-introduction of The Market Magazine, acquisition of WE FM106.3 and birthing of Blueprint Television. According to him, “…I can tell you with certainty that we are expanding and everybody is happy for it.”

Alhaji Idris’ outstanding leadership qualities have not gone unnoticed. Some have described him as “a silent achiever,” others refer to him as a goal-getter. Yet, some others say he is doggedness, never-say-die-spirit and perseverance personified. Indeed, one close associate and former vice-president and fellow, Nigerian Institutes of Public Relations, Malam Awwal Haruna, described him as “a true leader — humble, considerate, kind, and passionate about making a difference in people’s lives.”

Whatever accolades used in describing him, one thing is clear: Alhaji Idris is a visionary leader with a Midas touch who pursues excellence at all times and in whatever he sets out to achieve.

Even though a global citizen with vast national network, international connections and philanthropic disposition, the Niger state-born publisher, who holds the traditional title of Jagaba Amana Muye, has remained firmly rooted in his community and renders community service in the nooks and crannies of the state. His comfort and achievements have never beclouded his commitment to the needs of his community and the people. Over the years, he has continued to serve as torch-bearer and a leading light in the provision of critical infrastructure and employment for his community, Malagi, and its environs.

One of his greatest qualities is his commitment to values of true family root, friendship and acquaintances. As he progressed steadily in life, he does not sever relationships, contacts and networks that he had built as a pupil, student, undergraduate, lecturer, PR practitioner, publisher and entrepreneur.

At 54, this PR guru par excellence is an outstanding example of doggedness, perseverance and discipline. He has proven that with dedication, commitment and an eye on the future, it is possible to achieve set goals. And he has advice for the younger generation: “My message… is for them to persevere and focus on their dreams and set goals….they shouldn’t run after the money first. It will come. You need discipline to develop your passion and sustain it.”

• Ndace is an Abuja based journalist and PR Practitioner 

By J.K. Randle

There really is not much to add to the cascading accolades already showered on the celebrant as well as the avalanche of encomiums. Indeed, it is tempting to draw the curtain with the sound of the gavel from the Court Clerk: “Case Adjourned”.

Justice has been served by what has been entered in the records of the Court (both the Supreme Court of Nigeria and the Court of St. James’s, United Kingdom). “Justice Oguntade is undoubtedly one of the sharpest legal minds that ever sat on the Higher Bench in Nigeria. In his service on the Bench, he made his mark in the advancement of the nation’s legal system, even at great risk to his person.”

However, in order to forestall those who may raise the issue of “insufficient evidence,” permit me to add: “He was born in Ijebu-Ode in the old Western Nigeria on March 10, 1940. He attended Ijebu-Ode Grammar School between 1953 and 1958. Thereafter he proceeded to Holborn College of Law [University of London], UK (1961- 1964); and the Nigerian Law School, Lagos in 1965. He was called to the Nigerian Bar on January 15, 1966. He was in private legal practice for 14 years and was appointed a Judge of the Lagos State High Court in 1980, and then the Court of Appeal in 1988, and in May 19, 2004, he was elevated to the highest court of the land, Supreme Court of Nigeria where he served meritoriously till March 10, 2010 having attained the mandatory retirement age of 70 years. His many strategic postings included Chairman, Lagos State Armed Robbery & Firearms Tribunal, Justice of the Court of Appeal, Enugu, Ibadan, and Presiding Justice, Court of Appeal in Jos, Lagos, and Federal Capital Territory, Abuja. He was finally elevated to be Justice of the Supreme Court of Nigeria in 2004.”I am tempted to invite the Court to take judicial notice of the fact that on the very same day (January 15, 1966) when George Adesola Oguntade Esq. (as he was then known) was called to the Nigerian Bar, the military protested vigorously by staging Nigeria’s first coup d’état!! It was the first time we heard the chilling opening address: “Fellow countrymen ……………………………..” accompanied by martial music.

It is the dexterity and maturity with which Ambassador Oguntade has comported himself that qualifies him as a fast learner. Since he assumed duty as the High Commissioner of the Federal Republic of Nigeria to The United Kingdom (and the Court of St. James’s), he has taken to heart the best attributes of a diplomat as espoused by late President of the United States of America, Benjamin Franklin (1706 to 1790). “……….sleepless tact, unmovable calmness and a patience that no folly, no provocation, no blunders may shake.” He has been rewarded with tremendous respect, trust and mutual confidence by President Muhammadu Buhari and the Diplomatic Community in Britain. His opinion, advice and guidance are very much in demand – especially by the heads of the fifty-three other African High Commissions/Embassies.

I stand to be corrected, but by my reckoning Ambassador Oguntade has had the good fortune of hosting President Muhammadu Buhari GCFR, Commander-InChief Armed Forces of Nigeria in his “jurisdiction” on numerous occasions (240 non-consecutive days and nights in the last five years mostly on health grounds, private matters and investment summits) far beyond any of his predecessors or any other Nigerian High Commission/Embassy in the world. For those who are intrigued by the miraculous survival/recovery of President Buhari from his lifethreatening health challenges, Ambassador Oguntade is an obvious suspect!! On CNN, President Buhari publicly declared: “I have never been so sick in my life.” One of the Ambassador’s most closely guarded secrets (also covered by Diplomatic Immunity !!) is that there is a deep spiritual dimension to his character, soul and spirit.

Here is the evidence according to Court records:”Between 1992 and 1999, he was the Chancellor of the Church of Nigeria (Anglican Communion). He remained Chancellor, Anglican Diocese of Lagos till May 2017.” It is no secret that Justice Oguntade has established very deep friendship with the head of the Anglican Church, The Most Revd. Justin Welby, the Archbishop of Canterbury President Buhari, The Most Revd. Welby and High Commissioner Oguntade have metamorphosed into a powerful triumvirate. Permit me to digress.

Archbishop Welby was previously an active player in the oil and gas sector when he worked as a very senior executive at Elf Aquitaine which had substantial interests in Nigeria. I believe that the Managing Director of ELF at the time was late Jacques Halfon who remains one of the most amazing human beings I have ever come across. KPMG (of which I was Chief Executive and Chairman) were the auditors.

However, my admiration for Jacques Halfon went beyond professional matters or the acknowledgement of his intimidating intellect. He was very humble and truly loved Nigeria and Nigerians. Even when his wife was dying of cancer he refused to quit his job. Instead, he would commute on a weekly basis to Paris where his wife was being treated every Friday evening and be back at his desk in Lagos on Monday morning. Sadly, he drowned at the beach in Egypt while trying to save his adopted son (a Nigerian toddler) from drowning. Justin Welby’s path as an oil executive may have crossed that of Major-General Muhammadu Buhari who served as Nigeria’s Federal Commissioner for Petroleum and Natural Resources from 1976 to 1978.

Justin Welby quit the darkness of the oil and gas sector to pursue a more spiritually fulfilling life in the clergy. His Epiphany (the manifestation and revelation of Christ to him) obliged him to forsake the pursuit of all material gains, be they fossil or non-fossil. Ambassador Oguntade’s golfing friends refer to him as a Holy (“holey”) man!! Golfers have an irresistible urge to spend hours chasing a white ball into a tiny little hole. It is a temptation they are unable to resist. They are unlike the late Prime Minister of Britain Winston Churchill (1874 to 1965) who when asked if he ever felt the urge to exercise, replied:

“What I do is lie in the bath with a large cigar in my mouth and much larger glass of brandy in my hand. Then, I wait for the urge to go away.” I do not wish to dwell too much on Justice Oguntade’s spiritual antecedents. He has never claimed to be a faith healer, prosperity evangelist or miracle worker. But how else can you explain that in a twinkle of an eye (actually eighty years if you rely on a Chartered Accountant to do the counting), he has been an outstanding lawyer and jurist as well as being a formidable pillar of the Anglican

Church. Added to the galaxy of monumental achievements is that he is currently the Lisa of Lagos (a Title previously held by my father, late Chief J.K. Randle); and Chancellor of Lagos State University, (a position which I previously held). What an amazing coincidence!! I have been warned not to make any reference to his life-long membership of the “The Penthouse” and what goes on behind closed doors, otherwise I may be charged for contempt of Court.

Therefore, I shall confine myself to his gregarious disposition which has earned him friendship and trust from all over Nigeria (and beyond) – cutting across ethnicity, religion, gender and age – in a joint enterprise with his darling wife, Her Excellency Modupeola Oguntade.

The fear of being charged with “failing to tell the truth and nothing but the truth) compels me to divulge that in 2007 when candidate, Major-General Muhammadu Buhari challenged the declaration of Alhaji Umaru Musa Yar’Adua as the winner of the presidential election at the Supreme Court, the Court which was presided over by Justice I. L. Kutigi ruled in favour of Alhaji Yar’Adua. However, three judges dissented. They were Justice Aloma Mukhtar; Justice Walter Samuel Onnoghen; and Justice George Adesola Oguntade who took the following position: “Oguntade, JSC:– On 21 April 2007, the Presidential Election was conducted in Nigeria to elect a successor to Chief Olusegun Obasanjo, whose term of office as President of the Federal Republic of Nigeria was to expire on 29 May 2007. The appellant, General Muhammadu Buhari was the candidate of the All Nigeria People’s Party (hereinafter referred to as “the ANPP”) in the said election. The fifth and sixth respondents in this appeal Alhaji Umar Musa Yar’Adua and Dr Jonathan Goodluck were the Presidential and VicePresidential candidates respectively of the People’s Democratic Party (hereinafter referred to as “the PDP”) in the said election. There was a host of other candidates numbering 22. It is not necessary for the purpose of this judgment to set out the names of the other candidates. The elections were  conducted as required under the Constitution of Nigeria, 1999 by the first respondent Independent National Electoral Commission (hereinafter referred to as “INEC”) under the Chairmanship of the second respondent, Professor Maurice Iwu. At the conclusion of the election, the fifth respondent Alhaji Umaru Musa Yar’Adua was declared the winner withb 24,784,227 votes. The appellant was the runner-up with 6,607,407 votes.

The appellant was dissatisfied with the declaration of the fifth respondent as the winner of the election. On 22 May 2007, he filed a Petition against the declaration made by INEC. He challenged the declaration on a number of grounds.

The position of this Court, as decided in Unilag v Aigoro (supra) is that the power to make Practice Directions is one to be inferred from the grant of the power to make Rules. If paragraph 50 of the First Schedule of the Electoral Act makes the Rules of the Federal High Court applicable in election matters, it is to be inferred that the President of the Court of Appeal who sets up elections tribunals and heads the Court of Appeal has the power to ensure that the Rules of Court made applicable to election tribunals are well regulated and adapted to meet the peculiar problems arising from election petitions. There is in particular the special necessity to ensure that the election petitions are expeditiously disposed of with minimal problems.

The petitioner/appellant has not raised any issue as to how the exercise by the President of the Court of Appeal to make Practice Directions has adversely affected him or hindered his constitutional right to a fair hearing of his petition. I therefore do not see the need to explore the matter further. It is sufficient to say that the President of the Court of Appeal, in the exercise of his power to make Practice Directions may not give any directions which derogates from the validity and effect of any other Law or the Constitution of Nigeria. In the final conclusion, this appeal succeeds. I hold the view that the failure of the first and second respondents to comply with section 45(2) of the Electoral Act which is that ballot papers be serialised and bound in booklets for the purpose of the Presidential elections held on 21 April 2007, is so grave that the said elections ought to be nullified. In coming to this conclusion, I have advised myself fully that all courts in Nigeria have the duty to enforce our laws dealing with elections in order to ensure transparency, credibility and fairness in all elections in Nigeria. I annul the Presidential elections in Nigeria held on 21 April 2007 and order that fresh elections be conducted within 90 days from today. I make no order as to costs.”

HELD

Leading judgment by Niki Tobi, JSC; with I.L. Kutigi Chief Justice, A.I. KatsinaAlu, D. Musdapher, JJSC concurring; W.S.N. Onnoghen, A.M. Mukhtar, G.A. Oguntade, JJSC dissenting

1. Burden of proof The burden of proof is not static. It fluctuates between the parties. The burden of first proving the existence of a fact lies on the party against whom the judgment of the court could be given if no evidence were produced on either side. In other words, the onus probandi is on the party who would fail if no evidence is given in the case. Thereafter, the second burden goes to the adverse party. In the instant case, the burden of proving non-compliance with the Electoral Act lay with the appellant. Per Tobi, JSC at 171.
2. Effect of conducting an election with invalid ballot papers Section 45(2) of the Electoral Act 2006 had not been complied with. A valid

election cannot be conducted without valid ballot papers. Section 67 of the Electoral Act provided that ballot papers that did not comply with the requirements of the Act cannot be used in any election. Per Kutigi, CJN at 261.

3. Further burden to prove substantiality of non-compliance with Electoral Act The appellants then had to prove that such non-compliance with the Electoral Act substantially affected the result of the election. The respondents could then satisfy the court that non-compliance did not affect the outcome. Per Kutigi, CJN at 261. If a petitioner proves non-compliance with the provisions of the Electoral Act, he is only entitled to succeed if the court is satisfied that such noncompliance substantially affected the result of the election. Per Kutigi, CJN at 261; Tobi, JSC at 171; Katsina-Alu, JSC at 265; Musdapher, JSC at 268.
4. Non-compliance with the Act, insufficient to invalidate election The appellant had failed to prove that non-compliance with the provisions of the Electoral Act had substantially affected the result of the election. Buhari v Obasanjo (2005) 13 NWLR (Part 900) 487 approved and followed. Non-compliance with the Electoral Act, without more, was not sufficient to invalidate the election. Per Kutigi, CJN at 261; Per Tobi JSC at 171.
5. Jurisdiction of the court on the propriety of serialisation of ballot papers There was no basis for the lower court to have found that the propriety and correctness of the serialisation of the ballot papers had affected the outcome of the election. The Court lacked the competence or jurisdiction to make such a finding. Per Kutigi CJN at 261.
6. Right of the president of Court of Appeal to make Practice Directions The President of the Court of Appeal has the power to make Practice Directions under the Federal High Court (Civil Procedure) Rules for the purpose of regulating the practice and procedure of the Election Tribunals. Per Tobi, JSC at 171.
7. Limits of Practice Directions Although the president of the Court of Appeal had the power to make Practice Directions, such Practice Directions had to be within the confines of the law. The witness depositions in compliance with the Practice Directions were incompetent as they offended the provisions of section 90(b) and (c) of the Evidence Act. Per Tobi, JSC at 171.

 

8. Constitutional provisions prevail over Practice Directions If there is a conflict between the Constitution and Practice Directions, the former shall prevail. So too, if there is a conflict between an enabling statute and Practice Directions. Per Tobi, JSC at 171.
9. Inadmissible evidence cannot be cured by consent It did not matter that inadmissible evidence was admitted by consent of the parties. The affidavits did not meet the requirements of the law and were, therefore, inadmissible. Per Tobi, JSC 171; Musdapher, JSC at 268.
10. Probative value of documents tendered under Practice Direction The basic aim of tendering documents in bulk was to ensure the speedy hearing of election petitions . . . But that did not ipso facto permit the court to attach probative value to documents that lacked such value . . . As the documents failed the test, the Court of Appeal was right in expunging them. It cannot be said that the Court of Appeal did not evaluate the evidence. Per Tobi, JSC at 171.
11. Effect of court disregarding evidence If the court does not make use of evidence of a witness, the evidence will be regarded as dead and moribund in the determination of the live issues. As the Court of Appeal did not place any probative value on the evidence, the evidence is irrelevant. Per Tobi, JSC at 171.
12. Power of court to test findings of Commission of Inquiry The Court had the jurisdiction under section 239(1) of the Constitution to inquire into the validity of the report of the Commission of Inquiry (Exhibit EP2/34) purporting to disqualify the fourth and fifth respondents on grounds of fraud and embezzlement. Such exhibit was invalid and irrelevant. The purported finding, therefore, did not disqualify the fourth respondent from contesting the election. Per Kutigi, CJN at 261; Per Tobi JSC at 171.
13. Meaning of criminal conviction An indictment involves an allegation or commission of a crime which necessitates the drafting of a charge. That is the essence of section 137(1)(I) of the Constitution. There is nothing in the findings of the Commission of

Inquiry set up by the Governor of Abia State, to suggest that the fourth and fifth respondents were specifically found guilty of embezzlement or fraud, and so Exhibit EP2/34 did not articulate or vindicate section 137(1)(i) of the Constitution as it is clearly on its own. Per Tobi, JSC at 171.” It is not mere hearsay that out of the three “dissident” judges – both Justice Aloma Mukhtar (2012–2014) and Justice W.S.N. Onogen (2017 – 2019) became Chief Justice of Nigeria. We are entitled to ask: why was Justice G.A. Oguntade made the scapegoat? He is entitled to punitive damages and reparation. When Justice Oguntade hosted his Retirement/Birthday party in 2010 at City Hall, Lagos, Major-General Muhammadu Buhari travelled all the way from Abuja to felicitate with the celebrant. It is to the credit of our High Commissioner that not only did he reach the pinnacle of his chosen profession, Law, one of his children Fola Oguntade is a S.A.N. (Senior Advocate of Nigeria).

It appears that while the Court is still in session, we have time to record that what attracted then George Adesola to study Law was that after leaving secondary school in 1958, he got a job as a Court Clerk in Ibadan. It exposed him to the elegance and majesty of the legal profession which was then dominated by superstars, role models and mentors such as Justice Adetokunbo Ademola; Justice Olumuyiwa Jibowu; Justice J.I.C. Taylor; Justice Atanda FatayiWilliams; Justice Kayode Eso; Justice Adewale Thompson; Justice Nekan

Ademola as well as eminent lawyers – Chief F.R.A. Williams; Chief Remi FaniKayode; Chief Mojeed Agbaje; Olu Ayoola, Chief Abiodun Akerele and other legal luminaries. Adesola needed little persuasion to choose law as his profession. Shortly, after being appointed as High Commissioner in London, Justice Oguntade delivered a very robust and very intellectually stimulating “Judgement” on the State of Law and the Judiciary in Nigeria and the urgent need for sweeping reforms. I hope the matter is not “statute barred” or “sub judice”. Rather than add fresh coal to the fire/furnace, the High Commissioner is entitled to our good wishes on his landmark birthday plus the abundant blessings of the Almighty. As if determined to ruin the party, British newspapers (as well as “The Punch”) have today published in bold headlines on their front page the demand by the United Kingdom for £7.1 million (N3.3 billion) for unpaid congestion charges and parking tickets by the Nigeria High Commission, in London. According to Julian Assange of WikiLeaks. “The U.K. Foreign Office claims Nigeria is owing £7,063,965 in congestion fees and £47,165 in parking tickets. The figure amounts to more than three times the entire 2020 budget of the High Commission, which stands at ?1.6 billion.” We can rely on Justice George Adesola Oguntade to don his wig and gown to make a “No Case” submission. However, if the matter ends up in the Supreme Court of Nigeria, the second most high-ranking Judge (Justice Bode Rhodes-Vivour ex-St. Gregory’s College, Obalende) has put all old boys of King’s College on notice: “We are not final because we are infallible, but we are infallible only because we are final.” I am particularly delighted to see Bode in our midst. He is obviously here to remind us that being a judge of the Supreme Court does not in any way foreclose being a man with a great sense of humour. He must have learnt a thing or two from the celebrant when they both served in Lagos as judges followed by being on the highest court in the land – the Supreme Court.