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  • How Nigeria can achieve greatness through service, by lawyer

    The founder of the Coalition of Lawyers for Good Governance (CLGG), Mr Joe Nwokedi, has identified religious bigotry and fanaticism as one of the major impediments to peace and stability.
    Speaking on the topic: Service as an effective tool for achieving greatness, he said no nation can make progress where its citizens lack patriotism and are unwilling to serve.
    According to him, any nation that cannot draw a distinct line between religion and nationhood is bound to fail. “That is the problem we are facing in Nigeria today,” he said.
    He said statistics shows that countries faced with challenges of terrorism and similar crises are those which were unable to separate religion from state, adding that such countries allowed religion to take the place of nationhood.
    “Religion is an instrument of the state and not the state an instrument of religion. Any society that places religion or love of religious practices above the love of the nation is bound to fail as a nation,” the lawyer said.
    In a lecture he delivered at an Award/Investtiture of the fourth President of Rotaract Club of Maryland, Ikeja, Lagos, Nwokedi said ethnicity, tribalism, citizenship problems, corruption and lack of patriotism are other impediments to national growth, unity and service.
    He said: “No one, I mean no Nigerian genuinely loves Nigeria. Our alliances go to tribes, ethnic groups, states, local governments and even families but not to Nigeria as a country.
    “There is much economic sabotage today because we don’t love Nigeria as a country. How many can do something because they want it to be for the good of Nigeria?
    “Look at our democracy and elections. In every election we hold, we deploy soldiers and other armed security personnel. Why? Because there is no love of the country in our hearts. In the United States and even Ghana, do they do that?”
    To him, despite the failure of leadership and other challenges, it would take patriotism on the part of citizens to better the country.
    “Nigeria is looking for men and women with zeal and passion to serve her dutifully; men and women who will live above corruption, above ethnicity and tribalism.
    “It needs men and women who will truthfully say, ‘Nigeria, here I am, send me;’ men and women who can be trusted with power, money, position, authority; men who can dream Nigeria, speak Nigeria, talk Nigeria, sleep Nigeria and wake up Nigeria.
    “The country needs men and women who will be fully and truthfully occupied with how to regain our lost glory, explore and maximise our potentials and make Nigeria great again,” he said.
    According to Nwokedi, impediments to service include greed, lack of focus, negativity, pride, partiality, money-first syndrome, materialism, impatience, lack of sacrificial attitude, fear and poor personal evaluation.
    On the contrary, a life of service, he said, results in empowerment, immortalisation, dominion, access to the top, speedy uplift, standing out from the crowd, acquisition of power and authority, wealth, fulfilment, and happiness.
    “Don’t wait any longer. Discover a place now and start rendering service there. It could be in your street, hometown, state, school, mosque or office. Don’t consider any service too small.
    “Don’t consider your service too insignificant. Make use of what you have. Humble yourself. Humility is one of the most basic tools of service. You can’t be arrogant and be a servant.”
    Nwokedi was presented with two awards at the event – one in appreciation of the lecture, and the other in recognition of his service to the society and support for democracy.

  • Why Youwin beneficiaries may not win

    Let me enter a caveat. I admire Dr. Ngozi Okonjo-Iweala, coordinating Economic Minister and also Minster of Finance, particularly for her tremendous achievements as a Minister under former President Olusegun Obasanjo. Unfortunately, her second coming as a Minister has rather been saggy. I am particularly worried about the recent job creating program she has designed under President Jonathan’s administration, called Youth Enterprise with Innovation in Nigeria – YouWin. Mr. President had while launching the program recently said: ‘unemployment among our youths is one of our biggest challenges. The time has come to create jobs (and) lay a new foundation for Nigeria’s economic growth’.
    So clearly the YouWin program is designed to stem youth unemployment in Nigeria, and so far about 2,400 out of the 3,600 slots, have been taken, with a lot of fanfare. Indeed the second batch of 1,200 beneficiaries was exclusively reserved for young women entrepreneurs, who are under 45 years of age. According the program’s web site, about 80,000 to 110,000 jobs are expected to be created by the end of the three year cycle, since the budding entrepreneurs that will be trained under YouWin, are expected to start off businesses that will create employment for other youths to hit that mark. Mercifully the funds to be disbursed to the young inexperienced ‘job creators’ will be grants in form of equity participation, not loans with its attendant challenges.
    Indeed when the program was initiated, I had sarcastically told a friend that the beneficiaries will merely treat the grants as their share of the proverbial national cake, and will not worry to pay back, and even if they wish, they will not be able, as most of their businesses will fail under the present excruciating business environment. My skepticism is not unfounded. As a young law school student in 1993, I was enthused with the Nigeria Economic Recovery Fund program (NERFUND) of the Babangida’s administration. From law school in Victoria Island, I use to trek to Oceanic Bank’s head office, also in Victoria Island, to make enquiries about the potentials and the criteria for accessing the fund, with the mindset of turning a future entrepreneur. Somehow, I never ventured into entrepreneurship; but I maintained my interest in national economic development.
    Later in life, as a law practitioner, my firm became a recovery agent for a first generation bank, and for years, I crisscrossed cities, meeting entrepreneur debtors, looking through their books, listening to them and the officials of the bank; and I was privileged to appreciate how several optimistic business relationships turned into a nightmare. One recurring decimal in the tales of woe was the abysmal infrastructure. One debtor in Newi, Anambra state, told me how he was doing well importing nails from Asia, and because of his success, was encouraged by my clients to go into the manufacturing of nails.
    Agreeing to their proposal, he borrowed to import machineries to set up a factory and pay for a dedicated transformer. Struggling with overhead costs, he took more loans to buy new generators; but in the face of competition from the importers of cheaper but substandard nails, he could not service the loans, until it spiraled. Before he new what was happening, he was neck deep in debt. With the banks charging him compound interest for not repaying, and his factory moribund, he ran away to Ghana. He only came back to the stupor, when he heard that Lawyers were angling to sell off the carcass. Heart broken, poor, and hugely in debt, the man was no different from his empty factory.
    Some years later, my firm was retained to do due diligence on some companies, when the Obasanjo’s administration encouraged Banks to create special funding subsidiaries; to fund start up enterprises or revive ailing ones under a federal government guaranteed equity program. I did one on a farm in Ibadan. I was taken round what used to be fish ponds; a huge idle chicken pen; empty piggery and of course the tales of how this once booming business plummeted. With the funders taking up 60% of the equity, I was retained as company secretary. Unfortunately one year after, the new partners could not agree, and the funding was stopped. I became aware when they failed to pay my firm’s retainer fees.
    Unfortunately over the years, most of the companies funded by NERFUND and the special programs are mostly in debt. Many of their prime movers have died from heart ache, while the survivors have given up any efforts to pay the debts; and their factories abandoned. That is why there is so much unemployment. And unless the coordinating Minister and her colleagues concentrate their efforts to change the fundamentals, this new venture capitalists would end up in the same stupor as their fore bearers. Now if the conglomerates are moving over to Ghana to manufacture for Nigeria, how on earth can these kids, be expected to be the new job creators.
    Let me end this piece by entering another caveat. All hope is not lost. Nigeria can change for the better, once the necessary things add up. Education, infrastructure, unfair competitors, corruption, unrestrained importation, insecurity and many others must all be addressed. How to do that with the comparatively paltry funds, that is substantially stolen by our government officials is a huge challenge. Worse, President Jonathan has flagged off his reelection campaign; and I won’t be surprised if like Professor Nnaji, every technocrat in government is shoved aside for politricksians. Ordinarily, while such programs are good when the economic environment is stable and modern factors of production are in place or accessible, they never blossom in Nigeria, where the odds are heavily skewed against any genuine entrepreneur.

  • Justice Salami issue will remain an albatross on President Jonathan’s neck if …

    The Ikeja Branch of the Nigerian Bar Association(NBA) did not earn its pay-off, “The Tiger Branch” for nothing. History is replete with the conquest of the branch of its various advocacy and struggles in ensuring justice for the masses. The btanch has always been in the fore-front of issues that affect the masses. In this interview with Adebisi Onanuga, the chairman of the branch, Mr. Monday Onyekachi Ubani expressed his views on some of the issues that affect the ordinary Nigerian and as they affect the nation

    The federal attorney general chastisised lawyers for engaging in all sorts of vices, including making comments on matters that are pre-judicial and of corruption. What is your take on this?

    It was an issue that came up during the annual general meeting on legal education, the issue of ethics, conducts such that even the president, Mr. Okey Wali (SAN)made a statement that he is not satisfied with the issue of nine months training and issue of ethics that is being taught in the law school. He said he would rather want a situation whereby the issue of ethics would be taught at the university level. Because if there is any profession that should pride itself with the issue of integrity, it is the legal profession. That if the legal profession loses integrity, just like salt, of what use is salt if it loses its taste. It is integrity that is of utmost importance to the attitude, to the conduct of a lawyer. If a lawyer begins to degrade that profession that is known as noble by engaging in corruption, by engaging in ambulance chasing, or other things like stealing client’s money, being fraudulent in their activities with people, then the Nigerian state will be in problem because everything is built and revolves around law and order and that profession must remain intact with the issue of integrity. So, I am at the same page with the federal attorney general that we must try as much as possible to sanitize the legal profession, get rid of the rotten eggs in the profession.

     Those who made report against lawyers to NBA said the association don’t take their complaints serious and when they do it takes too long to get justice?

    For me, the issue of those cases that have been reported to the NBA for disciplinary measures should not take up to five or six weeks to come to a conclusion or a verdict about them. There are certain things that must be put in place, that is,  procedures and steps that can fast forward and hasten most of the trials of those who have been accused of professional misconduct. I believe that taking into cognizance the views of the new president that the issue of ethics and professional conduct should be taught at the university level, I am on the same page with that and that nine months is not enough for all the teaching of ethics and professional conduct of a lawyer. We should go to the university level, supervise it, and through the law school. We must also be very firm with the discipline of lawyers.

    Corruption on the bench has been a contentious issue and reared its head again at the conference of the NBA. What is your take on this?

    Now, that the NBA has taken up the matter and has started looking at it, it is a very good omen. We must start looking at it even from the branch level. All the judges in the state high court, all the magistrates in the state, we must begin to monitor ourselves. The lawyers must be monitored. The judges too must be monitored. And that also brings me into the issue of appointment of judges. What are the characters of judges that are being appointed? It was also observed at the NBA conference that most of the people who are being recommended for appointment as judges and magistrates, that the NBA and the branches must have an input in such appointment. We know ourselves. There are lawyers that we know their character and conduct. They are not supposed to be on the bench. They are not supposed to hold such position that is a position of trust, a position where they are supposed to determine justice and make pronouncements that will determine the fate of a man, that of life and death. So who becomes a judges or a magistrate is a close matter that should not be left at the alter of ‘I know him’ or ‘man-know-man’. A governor gets a letter or recommendation from a commissioner- oh my relation is a lawyer or is in the Ministry of Justice, make him a judge! Now the character and integrity of that person is not being examined, his conduct is not being examined. If you put such person whose conduct does not speak well on the bar, he is already known as a professional misfit! Somebody who is accused of professional misconduct and you take him and elevate him to the bench, he would continue with his attitude because nobody has ever punish him. So we must begin to look at integrity and the character of people we appoint into the Bench and make sure that they men and women of integrity and that they have honour trailing them as a trade mark.

    How do you react to the statement of the President that he is the most criticised when taken up on the state of the nation?

    I am happy that he knows that he is the most criticised but he also made a statement that before he leaves, he is going to be the most praised. We are looking forward to that. I think by next year, he would have spent about two years in office as the president. We are watching to see those things that he said he would do when elected president. Nigerians are expecting performance, not issues of authority. What is happening now is that most times, he makes decisions that are not in tandem with the people’s yearnings. He makes statements that are at varians with the promises he was making while campaigning for his election as the President. So, people would criticise when he does that especially in the issue of fight against corruption when he said he doesn’t give a damn if he doesn’t declare his assets. That statement is not in tandem with the posture of a man that says he wants to fight corruption. Openness and transparency is the hallmark of a man who wants to fight corruption. Now if you have something to hide and you want to fight corruption, then you cannot be successful in that fight. So, his utterances are one of the things that put him into trouble with Nigerians. Even his policies somersault, non-performance, slowness in action. There is no pronouncement he has made on any issue which he has carried to logical conclusion and most times in defence, instead of pursuing the real thing, he would be chasing shadows. Remember, when he first came in, the first statement he made was on the issue of elongation of tenure. That was the thing that engaged his attention. Whereas that was not what we elected him for. Then in January this year, remember he also removed subsidy which is contrary to the promise he made, even when the matter has not been reflected in the budget or debated by the National Assembly. So, many things that he does are the things that attracted the comments against him.

    If you are the President, what will you have done?

    If I have him, I would retrace my steps that I have taken which are making people angry because the bible says, “when the righteous is in power, the people rejoice”. So how come that he is in power and people are not rejoicing? People are very side, people are sighing. When his name is being mentioned, people get angry. He wasn’t that way in 2011 when he contested. Almost everybody loves him. Everybody was praising him. Now that he has won, it should be the time that people should be rejoicing but people are not happy with him because he is not doing what people expect him to do. So, let him change his ways. Let him begin to make the people feel that there is quality governance being giving to us as Nigerians. Once Nigerians begin to experience quality governance, people would now change their minds about him. So why people are criticising him  is that they are not getting value for his leadership. The moment we begin to get value for his leadership, Nigerians will begin to praise him. I am hoping and I believe that what he said that ‘when he is leaving, he is going to be the most praised. Let us hope that when he leaves, Nigerians will begin to praise him.

    There is a renewed agitation by various ethnic nationalities for regional autonomy and because of the state of the nation. Please what is your take on this?

    When you say people are agitating, it is always as a result of not getting value in leadership and when they are not getting value in leadership, they must as human beings to think of what other ways do you think we can pursue in order to get happiness because the pursuit of every man is to be happy; to have good employment, enjoy the good things of life that God has given and then work and get paid for it. When you are not getting value, when you are not getting joy, when you are not getting happiness in the country where you are living because of inept and bad leadership, you now began to think of other ways you can adopt to begin to enjoy other things that you are being denied at this time by looking for, maybe, their own country or a change in  leadership.or doing something that wopuld make those who are in the position of leadership to give you what you want. A lot of people are clamoring, look at the Bakasi people, the Ogonis are decalaring their own state or others because they are not getting what they are supposed to get in the polity.  The polity is full of injustice, the policy does not guarantee their lives and their property. The polity does not give them employment, the polity degrade their environment, the  polity does not in any way guarantee good roads for them. When they are sick, the polity does not guarantee them medical care. Whereas, their leaders go abroad for medical treatment, they go abroad for holidays to enjoy themselves. What I am saying is that agitations comes when people feel dissatisfied.

    How do you see the attempt by some state governors to create their own state police?

    I am in support of state police. But before they create state police, they should make the environment condusive. This because robbery, kidnapping and Boko Haram will not stop unless the economic conditions are such that people can pursue their economic interest unhindered, and get employment and three square meals in a day, live in a decent accommodation, have good roads, have good medical care, send their children to school with low amount of money. If these things are done, then those people that are criminals who refused to be properly socialised, then you now activate your legal system to take of them and they will be few. But when majority are sad and disgruntled or when majority are being meted with injustice, you have to employ almost everyone as a policeman to man the state. That is not too health. And so before we speak of the issue of state police which I am in support of, I want a situation where the economic condition of the country  will be done in such a manner that everyone will be gainfully employed and the create happiness, create joy. Let there be statements from our leaders that will make the people happy. Economic policies, legal policies must be made for the people. Our leaders must always think about the people. Governance is about the people. The moment you take away the people and you bring economic and legal policies that are against the people, the people will always revolt. If you want to operate a real federal system, there is nothing wrong in having a state police because that is the way to go. Other countries have tried it and they have succeeded. The only way you can have an enduring  security is for the people within that environment to be recruited into state police, funded by the people,  employ people who knows the nooks and cranies and the criminals in the environment and pay them well so that they can fish them out. The problem we are having with the police in Nigeria is that thieves and robbers are being recruited.

    The president, instead of reinstating Justice Isa Ayo Salami, asked for another term, the 5th one, for the acting PCA. What is your reaction to this?

    This again is one of the reasons why President Jonathan is the most criticised because he does not do the right thing even when the law is very clear as to what he should do. He decided to listen to hi s political party members, he decided to listen to those who have held this country hostage and who did not mean well for this nation. It is a matter of regret that he doesn’t listen to Nigerians that voted him in. He doesn’t listen to those people he convinced that he doesn’t have any shoe that voted for him. So, as long as he does not listen to the people, as long as he does not obey the law, he would remain the most criticised. If he decides to reinstate Justice Salami, he would be on the side of history. But if he fails to do that, he would be in our history book  as the man who claim to obey the rule of law but ended up doing the wrong thing because he is disobeying the law. He does not in any way respect the rule of law. It an albatross. Salami’s matter is an albatross on his neck. Until he does the right thing by reinstating him, not minding the cases he now mentioned are in court, those cases were there when he suspended him, so if he means well for Nigeria, he ought to reinstate him without looking at those cases that he is now pointing at. What is good for the geese is also good for the gizzard. You cannot approbates and reprobates at the same time. That is what the president is doing at this point in time. If he wants to be loved, if he wants to be respected as the President of Nigeria, let him do the right thing all the time. The best court is the peoples court. Nigerians have passed a verdict on President Jonathan as far as Justice Salami issue is concerned. Let him do the right thing, the moment he does the right thing and obeys the laws, Nigerians would respect him.

  • Nigeria as an emerging democracy: Dilemma and promise

    We set out on a road with no clear maps, with a controversial Constitution

    given to a motley crowd of greedy businessmen and political contractors and a coterie of individuals who had honed their skills in manipulating the levers of power and could survive either under the military or civilian administration.

    To this extent, what we had was a transition from the military but not necessarily a transition to democracy.

    The military left behind a country severely fractured by a bitterness engendered by coups, a rash of human rights violations, a wounded, compromised and weakened Judiciary, and a prostrate intellectual and academic community.

    Significant portions of the Constitution were suspended. Tribunals and Decrees replaced the rule of law.

    Other security agencies were subordinated to military culture with the Police force losing most of its respect.

    Some of the consequences of military rule and its impact have been discussed in my new book, Witness to Justice.

    Without a constitution, the threads of nationhood, the institutional mechanisms of restraint begin to give way to individual caprice as rule of man replaces rule of law.

    Today, post military Nigeria is paying a high price for overcentralisation of the threads of power in the hands of the military dictator.

    Today, most of the frustration of the political class with this baggage finds expression in the debate about various shades of federalism.

    Corruption was rife not because the military was made up of a band of thieves.

    No, there were quite a lot of good men and women in the services and there are still many.

    The growth of corruption under the military was the direct result of the destruction of such institutions of restraint as the national assembly, the muzzling of civil society and the media among others.

    The Sovereign governed with abandon and was accountable only to a tiny circle of like minded cohorts.

    For Nigeria to turn the corner, win public trust and consolidate its gains in our fledging or emerging democracy, there is need to unbundle not only power supply but take the hands of too many bandits who have held the economy captive, those who are growing while the country is diminishing.

    Strict laws relating to the attainment of a people oriented budgetary system, removal of the veil of secrecy on such areas as public procurement, contract awards and so on will help us deal with corruption and open us up for international business and investment, a key guarantee for growth.

    We should work hard to open up the political space and free our political processes from the throttle of carpetbaggers who continue to compromise the system by using slush funds to dilute the political process.

    3: Institutionalising a Democratic Culture:
    We need to appreciate the fact that Nigeria did not have a transition to democracy. Our transition route was simply connected by nocturnal trips between the Villa, Yola prisons and Ota farm.

    When the deal was struck, General Obasanjo was released from prison with the sole purpose of being the President of Nigeria. Everything else that was done in the name of a transition, from forming political parties, funding the elections and so on was all

    tailored to fit that outcome. Even the birth of the largest political party in Africa was choreographed to meet this end. The result is that today, even the PDP knows that it is a unity of takers but not a party founded on any conceivable or perceived ideological commitment.

    At the best of times, transitions are always a contested concept.

    From Afghanistan to Exodus, the possibility of backsliding is the greatest threat to democracy. It is clear from what I have stated that Nigeria was not really ready for a transition.

    Thus, our inability to create the necessary environment for the emergence of a democratic ethos accounts for why we are still unable to emerge from dictatorship to democracy.

    Many of us will recall the tragic situation between 1999 to 2003 when right across the entire country, we witnessed so much convulsions which climaxed with series of impeachments.

    The President was threatened with impeachment, the National Assembly leadership suffered severe leadership hemorrhage.

    The result is that rather than growing, our democracy was sliding into a glorified dictatorship.

    Things have piped down now but not because the politicians have imbibed the principle of democracy.

    Rather, we are enjoying some respite now because the politicians have gradually learnt the philosophy that in Abuja; You do not talk when you are eating and secondly, that there is an agreement that it is our turn to chop and if you are patient, your turn will also come.

    Finally, a measure of the fact that the military did not surrender is to be seen in the fact that up till date, the military is still contesting every available political space in the land.

    Our Senate President is a retired General, the National Secretary of the Party is a retired military officer, and, a general is still contesting the office of President. On paper, I have nothing against any of these persons and indeed, at the level of the Senate for example, Senator David Mark has been doing a great job of holding that house together and he has also conferred some measure of discipline.

    But I am making the point to illustrate the fact that the levers of power and democracy are still in military hands, evidence of the fact that we are indeed still in an emerging democracy!
    Political Parties are the foundation pillars on which the architecture of democracy is built. However, the story of political parties in Nigeria is a manifestation of the corruption in our system.

    Political parties are run by and funded as private fiefdoms.

    In the course of our work with the Electoral Reform Committee, we discovered that most of the 60 political Parties which had been registered ahead of the 2007 elections literally vanished after the elections. Individuals and groups had registered these parties simply to gain access to state resources.

    Those parties in power are also largely funded by state funds. A leaked letter from the office of the Secretary to the Government of the Federation, SGF, some two or so years ago, instructed all Ministers to make payments into the coffers of the party! Is there any wonder that elections still generate so much anxiety in Nigeria?

    4: The Kalashnikov vs. the Ballot Box:
    How did it happen that the return of democracy in Nigeria has been marked with so much violence? There are many reasons but I imagine that they must be connected to the legacy of our past.

    In Nigeria, military rule glorified violence and lawlessness.

    The philosophy behind a coup is not different from armed robbery.

    For, by the power of a gun, a man has the ability to make what is yours his without negotiation.

    Gradually, the military therefore sanctified violence and since they did not do much to deliver on goods and services, ordinary citizens were compelled to take to the gun either to defend themselves or to enforce their will.

    In Cyprian Ekwensi’s novella, Survive the Peace, he tells the story of the dramatic exchange of roles between the Biafran soldiers at the end of the war.

    As they threw away their guns and struggled into their civilian clothing’s, the youth in the village appeared, took the guns and took to the streets.

    Thus armed, they took to the streets and recycled as armed robbers!
    Vigilante groups emerged with sophistication to settle community squabbles and gradually, these same young men and women realised what they could do with a loaded gun.

    From the Abacha years, small arms became a big business in Nigeria. Sadly, the government did not do much to set up a programme for the retrieval of these small arms. Local blacksmiths began to enjoy massive patronage and with time, every community began to raise its army to defend itself and its territory from foreign incursions.

    These vigilante youths would later become the enforcers for the political class, recycling as thugs and ballot box snatchers.

    Thus armed, when news of the return to power began to filter in, the South West responded by calling for Power shift. The prospects of the return to civilian rule was greeted with an upsurge of militant groups who, armed with small weapons embarked on a reign of terror.

    The Odua Peoples’ Congress, OPC, emerged in Lagos. On the South eastern and South South flank were the Bakassi Boys, the Egbesu Boys and The Movement for the Actualisation of Sovereign State of Biafra, MASSOB completed the pack. Years of military violence on the polity were now bearing fruit. Would we have democracy through the ballot box of the Kalashnikov, this was the question.

    After almost ten years of intermittent violence, the Niger Delta would later boil over. The rest is history, but there is now the temptation, can the Kalashnikov or the ballot box fast track access to power?
    Now, with Boko Haram on our doorsteps, we have now come full circle. Sadly, although they are also a reaction to the inefficiency and violence of the Nigerian state,more than any other situation, this group has posed the worst threat to national unity. This is not the place to take on the issues of Boko Haram, but in whatever way and manner we see the case, what we have on our doorsteps are the fruits of years and years of degradation by the Nigerian state, years and years of unconscious sanctification of the gun.

    From the point of view of the theme of this Conference and it objectives, Boko Haram poses the worst threat to everything we stand for as a country and as a people. The challenge could not have come at a worse time. However, the rather sad thing has been the seeming lack of clarity as regards roles. There has been a lot of buck passing by the political class and security agencies. What was clearly a political problem and evidence of the failure to build consensus has come back to haunt us. When scholars raised this dark specter even before the elections, they were accused of being enemies of Nigeria.
    Clearly, Boko Haram is the failure of governance and it s a symptom of what happens when the architecture of state are weighed down and destroyed by corruption and inefficiency. A weak state leaves itself open to these dangers. The essence of politics is the building of elite consensus which provides the framework for peace and stability.

    The political class believed that Boko Haram was a religious problem and when the violence broke out, the federal government resorted to a military solution. For a country coming out of a legacy of military rule and violence, this was not the right option. Gradually, the military has dug its heel in and there is now little room for political negotiation and maneuver. Whatever happens, the problems will only be resolved by political trade offs.

    Perhaps we can make a proposition. Now that the big three, the Igbos, Yorubas and Hausa-Fulani have all contributed to our pool of blood and violence, and no one can claim any level of innocence, can we now settle down to discuss the prospect of a non violent future for Nigeria? This is a great possibility because, first, the minorities of the South-South have been adequately compensated especially as we daily hear stories of erstwhile militants turning into billionaires now.

  • Has activism nosedived since Fawehinmi died?

    Three years after Chief Gani Fawehinmi passed on, his son, Mohammed, has decried the collapse of activism in Nigeria even as he maintained that the anomalies in the country were as a result of the lack of genuine civil struggle.
    He said this at the book launch organised by family and friends of the late legal luminary in Lagos, to mark the third anniversary of his demise.
    Mohammed, who lamented how a lot of things have gone wrong in the country since 2011, from security, education  to the rule of law, said if those who claimed to believe in the ideals of his father had stood up to fight the government, things would perhaps be better.
    According to the lawyer, “most of the present day activists are only interested in making money for themselves and their families. Their business now is how to amass wealth for themselves. If it were in the days of my father, I am sure this current Education Minister, who has produced mass failure in national examinations for two consecutive years, would have resigned or be fired.
    “A lot of things have gone wrong. There is no security in the northern part of Nigeria, they are introducing N5,000 irrespective of the fact Nigerians have said they don’t want it because it will increase inflation the eastern part has come up with the declaration of BIAFRA, the First Lady has been made a Permanent Secretary in Bayelsa State Government, among others.
    “If the civil society has been consistent like when Chief was alive, a lot of things would have improved because the government would have been checkmated. Corruption has eaten into the civil movement; a lot of them are on the government’s side. Others feel they should retire and go and make money for themselves and be like their mates since chief is late,” Mohammed said.
    Mohammed, who presented a book Problems with the Federal Government of Nigeria-a Lawyer’s Subjective Perspective, said it is a review of the many wrongs the Jonathan’s administration has done since 2011 to date.
    He said the book is to ensure that things done in the interest of the Nigerian people were done with the masses within the purview of proper policy focus designed for the Nigerian masses.
    ’’The book is more or less a red card for President Goodluck Jonathan because the book is in red. It is meant to serve as a corrective measure for those in government.
    ‘’President Jonathan was voted in by about 20 million people, but he does not have the spine to govern this country and that is why he keeps allowing Ibrahim Babangida to take decisions for him.
    “Look at the current National Security Adviser, he is an IBB boy and many others in government even Senate President David Mark. I seriously think Jonathan does not have the spine to govern this country.”
    Other speakers at the event held at the Nigerian Law Publications House, Ikeja, included Edo State Governor Adams Oshiomhole; Senator Olorunimbe Mamora; Tayo Oyetibo (SAN); rights activist Femi Aborisade; Tell magazine’s Nosa Igiebor, lawyer Tunde Akingbade; former Deputy Head, Gani Fawehinmi Chambers, Ugwuzor Adindu; and Chairman, Amuwo Odofin Local Government,  Lagos, Ayo Adewale.
    They described Gani as a die-hard who was never violent in his entire struggle, even as they maintained that he was the champion of the oppressed and the conscience of the nation. Speakers ascribed the underdevelopment of the country to the scarcity of true and selfless leaders which were the ideals and trademark of Gani.
    Oshiomhole, who was represented by his Information Commissioner, Louis Odion, said Gani believed in the unity of Nigeria, adding the best anybody could do to his memory was to sustain his ideals.
    He said it was in appreciation of Fawehinmi’s immense contribution to the human rights movement in the country that a neighbourhood, Gani Fawehinmi Layout, was named after him in Benin, Edo State, urging Nigerians to ensure that the ideals for which the deceased lived were preserved.
    “He believed all the ethnic boarders were just manipulations of the elite to gain political relevance. Poverty knows know border, the man in the north suffers the same as the man in the south and this was the cause Fawehinmi took so passionately.
    ‘’It is very unfortunate that individuals with integrity, conscience and those driven with patriotism, like Fawehinmi are in short supply,’’ Oshiomhole said.
    For Mamora, Fawehinmi would have entered the Guinness Book of Record as the man who saw the inner walls of all the prisons in Nigeria for a just cause.
    He said Fawehinmi was a friend to the just and a foe to the wicked, adding that IBB himself described Gani as the only man who was consistently consistent all his life and meant everything he said.
    Mamora noted that he was known for his “doggedness, integrity, courage, consistency, justice and fairness.” Fawehinmi was a man who walked his talk and not a man, who would say one thing and do something else, he added.
    Akingbade, who reviewed the other book, Gani in his words, written by Richard Akinnola, said it was impossible to separate Fawehinmi from the press statements and letters he wrote all through his life.
    To Igiebor, the late Chief was passionate about law and believed strongly that law should serve as an instrument for ensuring social justice.
    He argued that, but for Fawehinmi, the extant legal position, despite the immunity clause in the Constitution, those covered by the provision could be investigated even when they cannot be prosecuted, would not have been attained.
    Aborishade called on the government to commit itself to the provision of socio-economic welfare to the Nigerian people.
    He said Fawehinmi over the years provided scholarships to Nigerian students and even made provision for the continuation of the project before he passed on but the government has not been able to give the masses good and quality free education.
    “Government should commit itself to transferring the provision of the socio-economic rights including rights to education from chapter two to chapter four of the Nigerian Constitution were it will be enforceable by the court, or the clause on Section 6(6)(c) which says those rights are not enforceable by the court should be deleted so that the government can be held accountable for not providing education to its citizenry”.
    Ayodele, who said he was attracted into activism by the deceased, stressed the need for a change in the people’s value system if their agitation for a better society must be realised.
    “The best way to grow future leaders is from the university campuses and student movements. We need to go back there and inculcate in those young ones the values and culture that will make them better leaders tomorrow,” he said.

  • Lagos opens mediation centre in Badagry

    The Lagos State Government has established a Citizen Mediation Centre in Badagry to ensure prompt resolution of disputes in the area.
    The Director, Citizens’ Mediation Centre, Mrs. Sedoten Ogunsanya, while inaugurating the new facility, described the development as a beacon of hope and respite for the less-privileged, adding that it will also make justice accessible at every level of governance.
    She said the mediation centre would reduce to the barest minimum, the number of cases in courts thereby reducing the pressure and cost of litigation on the citizenry.
    Mrs Ogunsanya said the services of the centre would be free, stressing that it has to be adopted in other areas where the centre is to provide amicable dispute resolution.
    She noted that the atmosphere for settling disputes is friendly, conducive with well-trained professionals, enjoining residents to make adequate use of the opportunity provided.
    She expressed gratitude to the Chairman of Badagry Local Government, Hon. Husitode Moses Dosu, for supporting the centre through the provision of a conducive office accommodation in the heart of the ancient city. Mrs Ogunsanya assured that the newly- inaugurated office will achieve more success and impact positively on the lives of people in Badagry.
    During a courtesy visit to the Akran of Badagry Kingdom, His Royal Highness, De WhenuAholu Menu Toyi I, the Akran praised the Lagos State Government for the laudable effort in fostering peace among its citizenry.
    He described the development as the first of its kind in Nigeria as it is transparent and devoid of nepotism or favoritism.
    The Oba  likened the services of the centre to the traditional method of resolving issues between persons involved in communal clashes, land matters, marital misunderstanding and others which cases are brought to the palace for settlement.
    He stressed that peace in a the home front is instrumental to engendering brotherliness and mutual co-operation which will bring about rapid socio-economic development in any society.
    The Akran pledged support to the centre with a promise to transfer some cases from to the centre.

  • Court orders man to refund N6m to customer

    A Magistrate’s Court in Yaba, Lagos, has convicted a businessman, Mike Agunobi, of defrauding his customer, Ifeanyi Luke Okeke, of N6 million.
    Chief Magistrate C.T. Adesola-Ikpatt, in a judgment last week, ordered Agunobi to refund the money to Okeke within six months or serve four years in prison.
    The magistrate also ordered Agunobi to pay N100,000 as fine or serve two years in prison for issuing several dud cheques to his victim.
    Agunobi was arraigned in 2008 on a 10-count charge. He was charged with obtaining under false pretence and issuing several dud cheques knowing fully well that he had no money in those accounts.
    According to the charge, the convict, who claimed to be the managing director of MIM Pharmacy Industry Limited, was said to have between January 2006 and June 2007, with the intent to defraud, obtained N6 million from Koil Pharmacy Industry Limited (owned by Okeke).
    He was said to have falsely claimed that his company would deliver to Koil Pharmacy, Penicillin Ointments worth N6m, “a representation he knew to be false, thereby committing an offence punishable under Section 419 of the Criminal Code, Cap C17, Volume II laws of Lagos State of Nigeria, 2003.”
    Agunobi was also said to have issued several dud cheques to Koil Pharmacy “knowing fully well that there was no sufficient fund in the accounts, thereby committed an offence under Section 419(A) (1) Cap C17 vol. 11 laws of Lagos State of Nigeria 2003.”
    Magistrate Adesola-Ikpatt condemned the convict’s conduct and held further that she believed it will be more beneficial to the complainant if the fund is recovered.
    “I am of the opinion that what the complainant would desire most in the circumstance of this case is the return of his money the defendant defrauded him of.
    “It will also afford the defendant (Agunobi) the opportunity to retrace his steps and see to the development and growth of his company and that of the nation,” the magistrate held.
    She further held that it was important that entrepreneurs and owners of young businesses and ventures should be accorded safe environment to transact their businesses.
    According to the magistrate, there was need to restore credibility and trust in the way businesses are conducted in the country. She noted that N6m was a large sum of money for a struggling business to loose, in view of the harsh economic condition and unfavourable environment in which businesses operate in the country.

  • Lagos ‘lcdas’: Constitutional federalism on trial

    Tritely, the Courts have long settled the implication of the use of the word “shall” in any Statute. It is a word that confers obligation on the person or institution to which it is addressed. It connotes a mandatory performance of an act. It is a word that imposes a duty on the person to which it is addressed and it is not a word that permits of discretion. (See Bamaiyi V A.G Federation (2001) 12 NWLR Pt.727 @468, A.T. Ltd V A.D. H. Ltd (2007) 15 NWLR Pt.1056 @118, Sokoto State Govt. V Kamdex Nig. Ltd (2007) 7NWLR Pt.1034 @466).

    Consequently, the word ‘shall’ is what the 1999 Constitution employed, to mandate the National Assembly to make consequential provisions, with respect to the names and headquarters of States or Local Government Areas, after the States and people concerned have created them- in accordance with the Law.

    Under Section 8(6), the Constitution clearly establishes that a new LGA becomes instantly formed once the procedure outlined in Section 8(3) is fulfilled. That explains the usage of the following words; “…after the creation of more Local Government Areas pursuant to subsection (3)…” under the said Section 8 (6) earlier quoted.

    Therefore, by rational inference, a new LGA is already constitutionally alive from the day a Law to that effect is validly passed by a State’s House of Assembly. The relevant State House of Assembly is thereafter duty bound to inform the National Assembly of the concluded creation. Such ‘information’ is not to be given before or during a new LGA creation- it is to come after a conclusive creation. It is thus grossly unconstitutional for the National Assembly to continue to act as though it has discretion to either approve or disapprove the decision to create new LGAs, already lawfully executed by Lagosians through their representatives.

    The Supreme Court in Bamaiyi V A.G. Federation (Supra) held that;
    “The word “shall”, in the ordinary meaning of the word, connote a command and that which must be given a compulsory meaning. It has a preemptory meaning which is generally imperative and mandatory. It has the significance of excluding the idea of discretion, to impose a duty. Thus, where a provision provides that a thing shall be done, the natural meaning is that a preemptory mandate is enjoined (See also Achineku V Isagba (1988) 4 NWLR Pt.89 @ 411)”.

    From their Lordships’ quoted pronouncement above, it is clear the National Assembly has been treading an unconstitutional and visionless path, having neglected to pass the necessary consequential amendments, to list the already lawfully created additional 37 LGAs of Lagos State, since over half a decade that Lagosians democratically took their valid decision.

    A necessary conclusion to be drawn is that there is no point appealing to the National Assembly as if they can exercise any discretion against the passing of the Consequential Amendment Act. It is a constitutional duty imposed on them by the Constitution and they must do it or risk the continuous unprovoked endangering of the prospects of the attainment of true and constitutional federalism in Nigeria.

    To preempt further needless argumentations in possible support of the National Assembly’s contemptuous unconstitutional path, we contend that the use of the phrase “power conferred on it”, under Section 8(6) of the Constitution, cannot be construed as permitting the National Assembly to exploit same for mischievous ends. Looking at the overall context in which the phrase was used and the preceding Sections, the phrase means nothing other than reference to the authority or mandate to give effect to the intendment of the Constitution. In effect, the said ‘power conferred on it’ merely articulates the authority to compulsorily acknowledge an already validly taken decision of any people for more autonomous units to lawfully govern themselves. Clearly therefore, no power for discretion is conferred on the National Assembly here.

    Even if argued conversely, as exemplified in another decision of the Supreme Court; A.T. Ltd V A.D.H. Ltd (Supra), that;
    “…there is no laid down rule as to whether the word “shall”, when used in a statute, carries mandatory or merely directory connotation. Its real purport depends by and large on the particular context in which it is used”…, one would easily observe the Court still further held, in the same case, that;
    “Where in statute, the legislature has expressed no clear intention as to whether a particular provision is mandatory or merely permissive; the Court has a duty to impute into the legislation that intention which is most probable and most consistent with reason”.

    Juxtaposing the two decisions (i.e Bamaiyi V A.G. Federation (Supra) and A.T. Ltd V A.D.H. Ltd (Supra), one may rationally ask whether it is probable and consistent with reason that the Constitution can permit the National Assembly to prevent the coming into operation of new LGAs when already lawfully decided and constitutionally created by the people concerned- the same Constitution having clearly left the creation procedure exclusively with the people concerned to initiate and conclude? It does not at all seem so.

    It can even be further distilled that the Constitution did not involve the National Assembly in the substance of a new LGA creation. The National Assembly is constitutionally mandated to do a mere clerical duty of listing a new LGA under the appropriate Schedule of the Constitution. The clerical duty does not permit the lawmakers to magisterially sit in false judgment as if they are empowered to approve or disapprove such a people-based decision. The clerical listing is itself not so much of an Act of Parliament which is often delayed by all sorts of legislative bureaucracies. The listing is simply to serve as a sort of constructive notice and advertisement of the coming into being of an autonomous decision of a Section of the Federation. Perhaps, for other entities within and outside the Federation to take formal note of; in the event of a future need for formal engagements with the newly created autonomous entities.

    The National Assembly therefore, by the provisions and spirit of the Constitution, is not empowered to sit in a judicial, regulatory or supervisory capacity regarding such a crucial decision of people forming smaller and more compact autonomous units to respond to their peculiar challenges within a Federal Structure. Appearing to do so, for over half a decade, betrays a continous affront on the most elementary notions and visions for true and constitutional federalism in Nigeria.

    The incumbent President is advised to reflect and thereafter display a deeper grasp of the principles of true constitutional federalism embedded in the quest of Lagosians to create more compact autonomous units to govern themselves. Mr. President should challenge the narrow partisans within the National Assembly, who appear intent on a continuous subversion of the will of Lagosians to have more LGAs.

    In the circumstance, another Presidential letter may be written; this time to the National Assembly, to nudge the lawmakers off the stagnant unconstitutional course they have stayed on the Lagos LCDAs for over half a decade.

    While awaiting a more reflective Presidential intervention, Lagos State is advised to return to the judicial trenches- enroute the Supreme Court. While there, the full imports of the jurisprudential insights offered in Hon. Justice Uwaifo JSC’s judgment in A.G. Lagos State V A.G. Federation (Supra) can be submitted for reconsideration and definitive re-pronouncement by the Supreme Court. The Learned Judge posited that…
    “I strongly hold the view that the only purpose of the consequential provisions is to update the Local Government Areas as provided in Section 3 of this Constitution and in Parts I and II of the First Schedule to this Constitution. It is like birth registration under the provision of an Act. The delay in the formality of registration of any particular birth cannot ignore the fact that there has been a child born who is living. To my mind, it does not confer any supervisory authority on the National Assembly which it must use to delay, direct, control or frustrate the effect of a Law duly enacted by a State. It is a simple process of a simple formal consequence different from that of passing an Act for the alteration or amendment of a provision of the Constitution as laid down in Section 9 of the Constitution……….It is a duty imposed on the National Assembly and a corresponding right conferred on the House of Assembly to have the New Local Government Areas recorded”.

    Drawing from the Learned Justice’s insight, it will be pointless for Lagos State to continue to engage the unyielding National Assembly partisans with worn-out partisan gambits. Rather, an order of Mandamus should be sought by Lagos State against the National Assembly, to compel it to do its constitutionally imposed duty of immediately listing the already validly created additional 37LGAs in the appropriate Schedule of the 1999 Constitution (as amended). If the National Assembly fails to immediately comply with the Mandamus order, Lagos State should seek an alternative equitable order which will subsequently deem as done what ought to have been long done.

    It is also wished that the noble Lords of the Supreme Court will be jurisprudentially disposed to modifying and enlarging the scope of the Court’s earlier but subsisting judgment on the status of the 37 Lagos LCDAs. This is more so since other States, such as OSUN, seeking to lawfully create new LGAs, will eventually have to contend with the lingering implications of the Constitutional stalemate still resonating around the 37 Lagos LCDAs.

    In the minimum, there ought to be a definitive Constitutional pronouncement; on what the legal status of properly created LGAs would be when a National Assembly needlessly refuses to do its largely clerical duty of listing same in the appropriate Schedule of the Federation’s Constitution. I reckon it would be a justified acquittal for true constitutional federalism in Nigeria if the Supreme Court unequivocally affirms that; ‘listing new Local Government Areas, after valid creation by a State’s House of Assembly, is a mandatory constitutional duty imposed on the National Assembly and not one which permits of any treacherous exercise of pointless discretion’.

    Such affirmation will appease the much abused spirit of Section 2(2) of the 1999 Constitution which has long declared that; “Nigeria shall be a Federation…”
    •IWILADE Akintayo- Lagos-based Legal Practitioner
    Email: iwilord@yahoo.co.uk

  • Lawmaker promises to give more to constituency

    Lawmaker promises to give more to constituency

    A lawmaker representing Nsit Ubium Constituency in Akwa Ibom State House of Assembly, Onofiok Luke, has promised his people more dividends of democracy.

    Luke spoke to reporters in Uyo, the state capital, as part of the activities marking the commencement of his second legislative year.

    The lawmaker explained that he hoped to propose bills for the establishment of a College of Health Science and Technology.

    According to him, the bill when passed into law, would help in the upgrading the School of Health Technology, School of Nursing and Midwifery to colleges so as to make them award higher degrees and make for professionalism in healthcare delivery.

    In the last legislative year, the lawmaker said he had four proposals in conjunction with his fellow lawmakers which did not receive the attention of the house.

    Luke said: “I intend to pursue vigorously the passage of the bills as they touch on major sectors of the state’s populace. They are: a bill for a law to protect the physically challenged, a bill for a law to prohibit the stigmatisation of people living with HIV/AIDS and a bill for a law to regulate sand dredging and other related matters, a bill for a law for safety and welfare of workers in construction companies.

    “Another very important thing we intend to do is to undertake the vox pop (Voice of the People) elicitation process, preparatory to the constitutional amendment that is forthcoming. This is necessary as the people at the grassroots need to understand and appreciate the pros and cons of the issues for the amendment.”

    The lawmaker also revealed that all the constituency projects initiated by him were at various stages of completion and that their commissioning would be done in the second legislative year.

    Luke, a former Speaker of the Nigerian Youth Parliament, said his internship programme, “The Onofiok Luke Legislative Internship Programme” (TOLLIP) would be a platform for the learning of the rudiments and basics of legislative activities, leadership development, entrepreneurship, finance, administration, among others.

    He explained that the programme, which is to last for three months, is open for all Akwa Ibom fresh graduates with at least Second Class Lower degree and final year undergraduate with at least grade point average of 3.0.

    “The interesting part of this is that the programme is not just for people from my area of jurisdiction, being Nsit Ubium State Constituency but the entire state, as the three senatorial districts are represented, plus members of voluntary youth organisations and our representatives at the Nigerian Youth Parliament.”

  • Alaafin donates house to late cancer patient’s family

    Alaafin donates house to late cancer patient’s family

    The Alaafin of Oyo, Oba Lamidi Olayiwola Adeyemi III has cheered up the family of the late football star, Sam Ojebode who passed on after a protracted battle with cancer.

    The royal father built a house for the fallen star’s family, a gesture which also lifted the spirits of people across the state.

    Ojebode, died last month after a long battle with lung cancer but he is yet to be buried. He was a captain of the IICC Shooting Stars Football Club of Ibadan and later Chairman, Board of Management of the club after it was renamed 3SC.

    The monarch brought joy to the family by completing the four bedroom bungalow the late footballer could not finish in his lifetime. Ojebode, according to family members, had laid the foundation of the house in 1976 but could not build it before his death. He abandoned it at the foundation level.

    The necessity for the completion, however, became pressing when he died and had no place he could call his own that he could be buried.

    In finding a solution, Ojebode’s younger brother, Bamidele, approached the monarch for assistance in completing the house in preparation for the burial. Moved by the plight of the family, the Alaafin took up the challenge and funded the completion of the building. It was completed within one week, according to Ojebode’s brother, James, the work being personally supervised by the monarch.

    Most people did not know that Ojebode hailed from Oyo town, having spent a major part of his career years in Ibadan, the state capital, until the monarch’s gesture popularised the fact. The Sam Ojebode House is located at Isale Oyo area of the ancient town.

    Mr. James Ojebode, a retired insurance broker, expressed sadness over his brother’s death, describing it as a loss to the family and Nigeria as a whole. On the other hand, he was satisfied that his brother’s wish of having him buried in his hometown was accomplished through the kind gesture of the monarch.

    The septuagenarian said he was amazed that the structure was  supervised by the monarch himself, whom he described as a kind-hearted man, adding that Alaafin has also promised to sink a borehole in the house.

    His words: ”I have mixed feelings with the death of my younger brother, a sad one because we have lost an irreplaceable gem in our family but I’m happy because he will finally be buried in our hometown here.

    “The building was completed within seven days and it was even supervised by the monarch himself. He is a kind-hearted man and his assistance will forever be remembered by the whole Ojebode’s family because we have been confused on how to complete this building ahead of his burial but God used the Alaafin for us”

    Ojebode thanked the monarch on behalf of his family for his kind gesture and for  lifting their family name among the populace.

    Speaking with the first child of the late footballer, Mr Olumide Ojebode, he said he could not quantify the joy in his heart for what the monarch has done for the family.

    Olumide, who is the Technical Coach of the Oyo State Amateur team, said: ”I cannot define the extent of my gratitude to the Alaafin for this building; it is indeed a kind gesture.”

    While handing the keys of the building to the family, Alaafin explained that the completion of the building was the only thing he could do to assist his family members and also to honour the late footballer for bringing glory to the country.

    The monarch said he was happy when his family members came to inform him of their intention to make Ojebode’s final resting place to be in Oyo town which was what informed the assistance he rendered to complete the befitting house to honour him.

    Oba Adeyemi said he spent over N5 million on the structure.

    He said that Sam Ojebode contributed immensely to the development of football in Nigeria and even deserved more than he is doing. The monarch expressed displeasure that celebrities and sports men and women who have brought fame to the name of the country are easily forgotten after their demise, citing an Ojebode and Rashidi Yekini as example.

    The monarch also asked the Chairman, Atiba Local Government, Mr Akeem Adeyemi to drill a borehole at the house and also tar the road leading to it.

    “Late Samuel Ojebode has brought fame to this town, state and this entire country for his contribution to the development and recognition of football.

    That is why I am honouring his memory by completing this building he could not complete ahead of his burial when his family came to me that they wanted his final resting place to be in Oyo. So we completed it within seven days and I spent over N5 million on it.

    “It is disheartening to note that people that have contributed to the development of the sport sector are easily erased from our memory and that is why Nigeria has been performing woefully in this sector over the years. Our government should have a policy formulation whereby there will be incentives to encourage our sport men and women to excel in sport competitions”