Tag: Agbakoba

  • Devolution should be agenda for 2027, by Agbakoba

    Devolution should be agenda for 2027, by Agbakoba

    Presidential candidates for 2027 election should make devolution a priority for them to command voter acceptability, legal luminary Dr. Olisa Agbakoba (SAN) said yesterday.

    Apart from restructuring, he said the electorate should elicit cogent promise from them on the need for a new constitution, state police with operational independence, resource control with minimum 50 per cent derivation, implementation of the Oronsanye report on the merger or scrapping of 541 agencies, and divestment from all commercial enterprises by government.

    Agbakoba also said the candidates should demonstrate commitment towards maritime and aviation sector legislative reforms, justice sector transformation for contract enforcement, critical minerals and space industry development, and agricultural transformation unlocking N15 trillion exports.

    He told reporters in Lagos that the anticipatory elements of devolution and restructuring should be closely associated with regionalism.

    Read Also: Sexual harassment: Agbakoba demands retraction by Natasha

    Noting that the Federal Government is overwhelmed, Agbakoba wondered why a single person – the minister of works – should be the one to build all roads in Nigeria.

    He said: “We should make devolution an issue on the ballot in 2027. We should ask the candidates what is your agenda for devolution.”

    The eminent lawyer recalled that during the 2014 National Conference in Abuja, the delegates agreed that the country was a 20-storey building with a shaky foundation, adding that it was discovered that 26 states could not economically survive.

    Emphasising that regionalism is the answer, Agbakoba said Premier Obafemi Awolowo ran the defunct Western Region better than what the six governors are currently doing.

    He said the electioneering is on without the big elephant in the room being confronted, insisting that the big elephant is restructuring or devolution.

    Agbakoba said the macro-economic stability being projected by the Central Bank of Nigeria (CBN) and the Federal Ministry of Finance has not led to a big relief for the masses in terms of real price reduction.

  • Natasha’s allegation against Akpabio has significant contradictions, falls short proof threshold – Agbakoba

    Natasha’s allegation against Akpabio has significant contradictions, falls short proof threshold – Agbakoba

    Renowned lawyer and former President, Nigerian Bar Association, Dr. Olisa Agbakoba, SAN, has said that the sexual harassment allegation against Senate President Godswill Akpabio by the suspended Senator representing Kogi Central in the National Assembly, Natasha Akpoti-Uduaghan, has significant contradictions.

    Agbakoba, who spoke at an elaborate press conference in Lagos on Tuesday, added that the allegation, “as it currently stands, falls short of the threshold for proving sexual harassment anywhere in the world.”

    He said while individuals should feel safe to speak up in an ideal society, the principles of justice, which required evidence and fairness must be upheld.

    The renowned lawyer, who is also Akpabio’s lawyer, wrote a letter to the Kogi Senator, on the instruction of the Senate President, asking her to clarify the contradictions in her allegations, which were published widely in local and international newspapers.

    “This widespread coverage has damaged our client’s reputation locally and internationally. We are happy to allow you a reasonable time to clarify the contradictions that we have referred, while our client reserves the right to all legal options,” he said in the letter.

    Agbakoba, while speaking at the briefing, noted that the embattled Senator had claimed that she was sexually harassed by Akpabio on December 8, 2023, but she went on social media to eulogise the same Senate President a day after that.

    He specifically pointed out that the warm, celebratory tone and personal affection expressed in the public message the suspended Senator posted a day after the alleged harassment presented a significant timeline contradiction that could not be overlooked.

    “Senator Akpoti-Uduaghan claims that she was sexually harassed by the Senate President, Senator Godswill Akpabio, on December 8, 2023.

    “However, merely one day later, on December 9, 2023, she publicly posted favourable messages about the Senate President on both her Instagram and X (formerly Twitter) accounts.

    “In these posts, she eulogised the Senate President and spoke highly of the birthday event she attended in Uyo, Akwa Ibom,” Agbakoba stated.

    Read Also; Steps to creating a N500tr budget, by Agbakoba

    According to him: “the juxtaposition of these two events, an alleged traumatic harassment, followed by voluntary public expressions of admiration requires careful consideration.”

    The former NBA President also mentioned previous allegations against Reno Omokri and an unnamed minister, noting that, though each allegation must be evaluated independently, the suspended Senator’s pattern required careful consideration.

    “Sexual harassment is a serious matter that deserves careful and fair consideration. We acknowledge the difficulty faced by anyone making such allegations and the importance of treating all parties with dignity.

    “Our review of the available public records reveals significant contradictions that must be considered for a fair evaluation of the situation.

    “We believe that proper institutional processes, rather than media forums provide the appropriate venue for addressing such serious matters,” Agbakoba said.

  • Steps to creating a N500tr budget, by Agbakoba

    Steps to creating a N500tr budget, by Agbakoba

    Former Nigerian Bar Association (NBA) President Dr. Olisa Agbakoba (SAN) has submitted a landmark policy report produced by his law firm Olisa Agbakoba Legal (OAL) to President Bola Ahmed Tinubu. It is entitled: “Governance and economic analysis and forecast 2025: To succeed, Nigeria needs innovation and efficiency to create a N500 trillion budget for 2026/2027.” He provided highlights at a media parley in Lagos

    On the report

    This policy paper presents a comprehensive strategy for Nigeria’s economic transformation from a resource-dependent economy to a diversified, production-oriented powerhouse capable of generating a N500 trillion budget by 2026/2027. This ambitious target represents a fundamental reimagining of Nigeria’s economic architecture and governance model that will address unsustainable debt burdens while dramatically enhancing revenue generation. Drawing on Acemoglu and Robinson’s “Why Nations Fail,” our analysis demonstrates that Nigeria’s economic underperformance stems primarily from extractive institutions that concentrate power and wealth among elites. Sustainable prosperity requires replacing these with inclusive institutions that distribute economic and political power broadly across society.

    On fundamental imperatives

    First, Nigeria must restructure its governance architecture through meaningful devolution of powers to states and local governments, constitutional reform that reflects true federalism, judicial independence, and legal system modernisation, and comprehensive anti-corruption measures and public service reform. Second, strategic interventions across multiple sectors can unlock over N500 trillion in economic value. These include N85 trillion from oil and gas reform through a shift from “Contract Oil” to “Development Oil”; N65 trillion from comprehensive tax reform and enhanced revenue collection; N50 trillion from MOFI optimisation through asset monetisation and public-private partnerships; N45 trillion from strategic development of critical minerals; N40 trillion from unlocking “dead capital” through property rights reform; N35 trillion from maritime and blue economy development; N30 trillion each from aviation sector revitalisation and digital economy expansion; N25 trillion each from enforcing local content requirements and implementing strategic trade policies; and N10 trillion from space industry development.

    On judicial reform

    Nigeria must develop a robust domestic arbitration ecosystem that reduces reliance on foreign dispute resolution mechanisms. We advised the Federal Ministry of Justice on the National Policy on Arbitration and Alternative Dispute Resolution, 2023. The policy aims to establish fundamental principles to guide the Federal and State governments’ participation in arbitration references, and position Nigeria as an attractive arbitration hub for domestic, regional, and international commercial arbitration whilst protecting national interest. This requires strengthening the Arbitration and Mediation laws and processes to align with international best practices while protecting national interests; establishing specialised arbitration centres with subject-matter expertise in key economic sectors; training a cadre of internationally recognised Nigerian arbitrators; and ensuring judicial support for arbitration through non-interference and efficient enforcement of awards. The arbitration framework should offer expedited procedures for time-sensitive commercial disputes, particularly those involving international investors or critical infrastructure projects.

    On sector tribunals

    Sector-specific tribunals for technical matters like taxation, intellectual property, and commercial disputes would further enhance efficiency while developing specialised judicial expertise. However, this restructuring must distinguish between the administration of justice (where legislative interference is inappropriate) and judicial administration (where legislative frameworks are necessary). Well-crafted legislation governing the National Judicial Council and judicial appointments would strengthen institutional governance without compromising decisional independence. The current judicial appointment process represents perhaps the greatest threat to judicial independence, with executive dominance creating systemic vulnerabilities to political pressure. Reform requires designing merit-based selection procedures with meaningful input from diverse stakeholders—the bar, civil society, judicial peers, and academic institutions. These procedures must prioritise competence, character, and commitment to constitutional values over political connections or demographic calculations. Judicial independence must be balanced with meaningful accountability mechanisms…

    Strategic pathways to a N500 trillion economy

    For Nigeria to achieve transformative economic growth, we must recognise the critical distinction between two foundational infrastructure types: hard infrastructure (physical assets like ports, railways, power systems, and digital networks) that provides the foundation for economic activity; soft infrastructure (institutions, laws, policies, rules, and regulations) that shape economic behaviour and determines whether assets generate prosperity or become instruments of extraction. Simultaneously, Nigeria must strategically advance three economic domains: The Blue Economy (sustainable use of ocean resources), which remains our most underdeveloped economic frontier despite Nigeria’s 853km coastline; the Green Economy (environmentally sustainable practices), which offers pathways to leapfrog traditional development stages; the Brown Economy (traditional industries), which requires moderniation and efficiency gains.

    MOFI optimisation

    The Ministry of Finance Incorporated (MOFI) holds assets worth N30 trillion but remains grossly underperforming. Through proper asset monetisation, concessions, and public-private partnerships, MOFI could generate at least N50 trillion annually. This includes approximately 50,000 abandoned federal projects across the country valued at over N10 trillion and Federal Government landed property estimated at about N5 trillion. The Federal Secretariat in Ikoyi Lagos alone is worth at least N120 billion and has been abandoned for over 40 years. MOFI needs comprehensive reform to transform it from a passive asset holder to an active asset manager. This requires establishing a professional asset management structure with private sector expertise, developing a comprehensive asset register to document all government-owned assets, and implementing aggressive asset monetisation strategies including sales, concessions, and public-private partnerships…

    Enforcement of Section 162 of the Constitution

    Most Ministries, Departments, and Agencies (MDAs) are not fully aware that they are required to statutorily transfer all revenues generated by them to the Federation Account under section 162(1) of the Constitution. Even though the Constitution sets out the legal basis of public revenue, legislation is needed to compel all MDAs to make statutory transfers of all tax and non-tax income to the Federation Account…A central revenue monitoring system should be established to track all government receipts in real time, with regular public reporting of revenue generation and remittance by each MDA. Strict enforcement of this process will immediately double the tax and non-tax income of the Government very substantially, potentially reaching N50 trillion.

    Maritime and blue economy development

    The maritime sector represents one of Nigeria’s most significant untapped economic opportunities. Experts estimate it can generate N7 trillion annually and create 2 million jobs over five years. When fully optimised, the sector could generate up to N35 trillion annually through direct maritime services, port operations, shipping, and blue economy activities. Currently, Nigeria loses about N20 billion daily (N7.2 trillion annually) at ports due to poor infrastructure and inefficiencies. Over 25,000 foreign vessels illegally trade in Nigeria’s coastal waters, resulting in an estimated revenue loss of at least N4 trillion annually. To address these challenges and capitalise on opportunities, several key legislations need to be passed. These include a comprehensive Blue Economy Act to establish a framework for marine governance and resource management; a Marine Spatial Planning Act to regulate ocean space usage and avoid conflicts between industries; a Sustainable Fisheries and Aquaculture Act to strengthen regulation ensuring sustainability and food security; a Maritime Security and Piracy Suppression Act to combat piracy and maritime crimes; a Ports and Harbors Bill for modernising port operations and infrastructure; and a Maritime Zones Bill to better define and enforce Nigeria’s maritime jurisdiction. Additionally, the Coastal and Inland Shipping Act (2003) needs strengthening to prevent violations by foreign vessels…

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    From “Contract Oil” to “Development Oil”

    Nigeria stands at a critical crossroads in its economic development, with its vast oil and gas reserves presenting a unique opportunity for transformation through a shift from the existing “Contract Oil” model to a “Development Oil” approach. The current governance framework, characterised by passive state participation through Joint Ventures and Production Sharing Contracts with International Oil Companies, has failed to translate Nigeria’s petroleum wealth into broad economic prosperity, leaving 133 million Nigerians in multidimensional poverty despite constitutional mandates that natural resources be used for citizens’ welfare. By implementing a “Development Oil” model, Nigeria could potentially generate N85 trillion in additional value through strategic asset management, active state participation, value addition within the country, and enhanced local content development. This paradigm shift would position oil and gas resources not merely as commodities to be extracted and exported, but as strategic catalysts for comprehensive national development, aligning with constitutional obligations and addressing the resource curse that has plagued the nation…

    Financial services sector revitalisation

    The Financial Services Sector (FSS) is the oxygen and lifeblood of a strong economy. The FSS consists of several key institutions: the Banks, the National Credit Guarantee Corporation, a Development Bank, and the Central Bank of Nigeria (CBN)…

    The CBN is the fourth FSS institution. The CBN as presently constituted is overburdened with far too many functions – monetary policy, development funding, banking supervision, financial misconduct, etc. Nigeria, as a federation with diverse regional economies, would benefit from a reformed central banking system that combines decentralised economic responsiveness with strong centralised regulation. Drawing lessons from both the U.S. Federal Reserve System and the Bank of England, we propose a hybrid model that addresses Nigeria’s unique economic challenges. Nigeria should establish Regional Reserve Banks aligned with its geopolitical zones.

    These would include the North Central Reserve Bank, North East Reserve Bank, North West Reserve Bank, South East Reserve Bank, South South Reserve Bank, and South West Reserve Bank. They would collect and analyse regional economic data, implement monetary policy with regional sensitivity, participate in a Nigerian Open Market Committee (similar to the FOMC), address regional development funding needs, and maintain closer relationships with financial institutions in their regions. While decentralising operational aspects, regulatory functions should be strengthened through a centralised approach. The Central Bank of Nigeria would focus primarily on monetary policy stability, coordinate financial system stability, manage the Nigerian Monetary Policy Committee, and oversee national currency and reserves. The Nigerian Prudential Regulatory Authority would handle banking supervision and licensing, implement prudential regulations, monitor capital adequacy and liquidity requirements, and conduct stress testing of financial institutions. The Nigerian Financial Conduct Authority would investigate financial misconduct, protect consumers of financial services, ensure market integrity, and promote competition in financial services. This reform could generate significant economic impacts. It would inject over N10 trillion into the Nigerian economy through improved policy effectiveness and create thousands of high-quality jobs across the financial sector. The changes would reduce the regulatory burden on compliant institutions, improve monetary policy transmission to diverse regions, better address regional economic disparities, enhance financial inclusion in underserved areas, and strengthen investor confidence through improved regulatory clarity.

    Digital economy expansion

    The digital economy already contributes 18 per cent to GDP and has generated over N1 trillion in two years. With proper legislation and investment, this could increase to N30 trillion annually. This sector has huge potential for both tax and non-tax revenue opportunities, but realizing this potential requires appropriate legislative frameworks. Key areas for digital economy expansion include fintech development, providing a clear regulatory framework for financial technology companies; e-commerce expansion, supporting the growth of online marketplaces and digital trade; digital infrastructure investment in broadband and data centres; digital skills development, training Nigerians in tech skills to support the digital economy; and digital government services, digitising government services to improve efficiency and reduce corruption. The digital economy can drive job creation, particularly for youth, enhance financial inclusion by providing access to financial services for the unbanked, improve government service delivery through e-government initiatives, and boost productivity across all sectors through digital transformation. Proper policy frameworks, investment incentives, and skill development programs can accelerate this growth.

    Tax reform and revenue collection

    Reorganising revenue collection agencies and addressing tax evasion by multinationals (which has cost $178 billion over 10 years) could yield N65 trillion annually. This includes creating a one-stop shop for revenue collection by transferring all revenue collection functions to the Federal Inland Revenue Service (FIRS). For instance, the Customs Service currently provides two functions, enforcement and revenue collection. The revenue collection function could be transferred to FIRS, with the remaining enforcement function merged with Immigration to create a Nigerian Border Protection Agency. This would create a more coherent and efficient revenue collection system while strengthening border enforcement. The tax base needs expansion by bringing more individuals and businesses into the tax net. This requires simplifying tax compliance procedures, deploying technology for tax administration, and implementing effective tax education programs. Property taxes, currently underutilized, should be strengthened as a major revenue source for state and local governments.

    Local content enforcement

    Nigeria’s inadequate enforcement of local content requirements represents a significant untapped economic opportunity. While the Nigerian Oil and Gas Industry Content Development Act has achieved some success in the engineering sector, it has been poorly implemented across other critical services. Of the 36 value chains in crude oil exploration, at least four key sectors—Legal, Banking, Shipping, and Insurance—continue to exclude Nigerian participation almost entirely. The scale of this economic leakage is substantial: in legal services alone, Nigeria loses over $1 billion annually to foreign firms. When properly enforced across all sectors, local content policies could generate N25 trillion in economic value annually while creating substantial domestic employment and skills development…

    Unlocking dead capital

    Nigeria’s total property assets are estimated at over $6 trillion, yet 80 per cent of properties are dead capital with no revenue value. Reforming property titling to link property to the financial system could inject at least N40 trillion initially into the economy by converting “dead capital” into bankable assets that financial institutions can recognize as collateral. The Land Use Act created a framework for land titles, but the process has become clogged, diminishing the impact of land collateralisation on lending and borrowing. Reform of land use and administration would enable Nigerians to borrow against their property, releasing massive funds into the economy…

    Trade policy reform

    …Through comprehensive trade policy transformation, Nigeria can generate N25 trillion in economic value through foreign exchange savings, revenue enhancement, and domestic economic stimulation—establishing itself as a resilient, competitive force in a fragmented global trading system where national economic strategy has replaced multilateral cooperation as the defining feature of international commerce.

    Critical minerals development

    Nigeria holds substantial deposits of critical minerals that are essential for modern technologies and the global green energy transition. The North Central region, comprising states like Plateau, Nasarawa, Niger, Kwara, Kogi, Benue, and the Federal Capital Territory, is particularly rich in minerals like Columbite-Tantalite (Coltan), Lithium, Tin, Rare Earth Elements, Cobalt, Tungsten, and Zirconium. Strategic development of these mineral resources would not only diversify Nigeria’s economy beyond oil and gas but also position the country as a key supplier in the global critical minerals supply chain, potentially generating up to N45 trillion annually. This requires creating a comprehensive geological survey to map mineral deposits, developing modern mining legislation that balances investor incentives with national interests, and establishing transparent licensing procedures to attract reputable mining companies…

    Aviation sector revitalisation

    The global aviation industry supports 65.5 million jobs worldwide and contributes $2.7 trillion (3.6 per cent) to global GDP. Despite this potential, Nigeria’s aviation sector has severely underperformed, characterized by alarming instability in domestic airlines. By 2000, approximately 150 airlines were registered in Nigeria, yet only 28 survived by 2006. This trend continues in 2025, with indigenous carriers struggling against structural and regulatory challenges, most notably the absence of effective local content policies. Nigeria maintains over 90 Bilateral Air Service Agreements (BASAs) and participates in the Single African Air Transport Market with 27 other African Union member states. However, these agreements predominantly benefit foreign carriers. Currently, more than 25 foreign airlines operate into Nigeria from multiple international destinations, while only one Nigerian airline maintains international operations and a mere handful serve regional routes. This imbalance allows foreign carriers to dominate Nigerian airspace, extracting over N1 trillion annually from the economy—resources that could otherwise support national development. The implementation of a comprehensive “Fly Nigeria Bill,” modelled after the Coastal and Inland Shipping (Cabotage) Act 2003, presents a transformative opportunity. This legislation would reserve commercial air transportation of passengers, cargo, and services to Nigerian-flagged carriers, ensuring that government expenditure on air travel (conservatively estimated at N100 billion annually) builds domestic airline capacity rather than enriching foreign carriers. By guaranteeing a stable base of operations, revenue, and passengers, this policy would create sustainable business models for indigenous airlines while reducing foreign exchange outflows. Corporate governance reform within the aviation sector is equally crucial to address the persistent failure rate of Nigerian airlines. Regulatory frameworks establishing a clear separation between ownership and professional management, strengthening financial oversight, and enhancing operational risk management would build investor and public confidence. Complementing these regulatory improvements, infrastructure development focusing on airport modernization, runway enhancements, and navigation system upgrades would improve operational efficiency and safety standards. Strategic interventions should include establishing a specialized aviation leasing company to reduce the capital burden on Nigerian airlines, and making modern aircraft acquisition more accessible. Developing comprehensive aviation training institutes would build local expertise in piloting, engineering, and management, while investment in domestic maintenance facilities would stem the outflow of foreign exchange for overseas maintenance and create thousands of high-skilled technical jobs. Through these coordinated interventions, the aviation sector could generate approximately N30 trillion in economic value through direct operations, tourism facilitation, trade enablement, and associated services—transforming from a drain on national resources to a catalyst for economic growth.

    Space industry development

    While aviation represents the present frontier of aerospace development, space technology offers Nigeria’s next horizon of economic opportunity. The global space economy has experienced explosive growth, with space infrastructure companies alone attracting a record $14.5 billion in private investment in 2021. Current projections indicate the global space economy will reach $1.8 trillion by 2035—presenting a strategic window for Nigerian participation. Nigeria’s existing space programme, while modest, provides a foundation for expansion. The Nigerian Communications Satellite (NIGCOMSAT) and the National Space Research and Development Agency (NASRDA) have established basic capabilities, but significant policy modernisation and investment are required to capture substantial economic value. The 2006 National Space Policy and 2010 NASRDA Act require comprehensive updates to align with contemporary international frameworks, particularly the Artemis Accords governing future space exploration and resource utilisation. A revitalised Nigerian space program would focus on five strategic domains: satellite communications, earth observation, position/navigation/timing services, space science/exploration, and downstream application development. By prioritising practical applications with immediate economic returns alongside longer-term capability building, Nigeria could establish a self-reinforcing ecosystem of space-derived economic benefits…With strategic investment and policy alignment, Nigeria’s space sector could reasonably generate N10 trillion in economic value through direct services, technology applications, and productivity enhancements across multiple sectors of the economy.

    On need for speedy implementation

    Implementation requires execution at “Trumpian speed” – characterised by decisive action, concurrent implementation across multiple fronts, results-oriented governance, bureaucratic streamlining, and technology leverage for acceleration. The ultimate success of these economic policies will be measured not by macroeconomic statistics or international recognition, but by tangible improvements in the daily lives of ordinary Nigerians: Does the market trader in Onitsha have more money in her pocket? Is food more affordable for the factory worker in Kano? Can the farmer in Benue access better healthcare and education for his children? Does the office worker in Lagos see a clear path to a better future? With a rapidly growing population, intensifying climate impacts, escalating global competition, and an unsustainable debt burden, Nigeria must capitalise on recent reform momentum to build inclusive institutions for broadly shared prosperity. The transformation outlined in this report is not just economically necessary—it is the moral imperative of our time.

    Reimagining governance architecture

    Effective governance and strong institutions form the bedrock of economic development. Nigeria requires comprehensive reforms in this area to create an enabling environment for economic transformation. Central to this transformation is the fundamental reimagining of Nigeria’s governance architecture. The current over-centralisation of power creates bottlenecks, encourages rent-seeking, and stifles local initiative. However, before addressing structural reforms, we must confront a more fundamental challenge: establishing political order and national unity as the foundation for all other governance reforms.

    Devolution of powers (restructuring)

    The current federal structure of Nigeria is excessively centralised, concentrating power and resources at the federal level while limiting the autonomy and capacity of states and local governments. This arrangement has proven inefficient and has contributed to poor governance outcomes across the country. A meaningful restructuring must address three key issues: what are the federating units, how to ensure fair fiscal federalism and revenue sharing, and how to ensure that power rotates fairly and inclusively. On federating units, George Anderson, in his book “Federalism: An Introduction,” explains that federations are products of unique historical processes and can vary greatly in structure—ranging from as few as two federating units to over 80. Nigeria’s federating units have evolved to reflect its diverse ethnic, religious, and cultural landscape.

    On model options

    Three distinct models present viable options for Nigeria’s restructuring. In Model 1 (Zones as Federating Units), the six geopolitical zones (Northcentral, Northeast, Northwest, Southeast, Southsouth, and Southwest) would become the primary federating units. These zones broadly accommodate Nigeria’s diversity, though not perfectly, as they contain unequal numbers of states. Each zone would have the autonomy to create its internal states and local governments as needed, creating a more flexible system responsive to regional needs. In Model 2 (Enhanced State Federation), the current 36 states would remain as federating units, but with constitutional measures to ensure greater equality among states within each zone. The geopolitical zones would be formally recognised in the constitution and granted powers to pass regional legislation and establish shared political, economic, and judicial institutions, creating a more cooperative federal system. Model 3 (Mixed Approach) would recognise both the zones and states as federating units, creating a two-tier federal structure. Additionally, it would provide special status to certain areas of national significance—such as major cities with federal importance—and create special protections for minority groups that might otherwise lack adequate representation in either zone or state governance structures.

    On fiscal federalism

    On fiscal federalism, Nigeria’s current arrangement is extremely centralised. The Federal Government collects at least 97 per cent of revenues, making it one of the most centralised federations globally. Most federal systems collect between 50-75 per cent of revenues at the central level. Nigeria needs to create a better balance by allowing states greater control over natural resources in their domain. The current constitutional distribution of legislative power heavily favours the Federal Government, which exercises exclusive authority over 68 items and shares jurisdiction with states over 30 concurrent items… We commend President Tinubu’s enforcing of Section 7 of the Constitution, which guarantees financial autonomy for local governments and establishes democratically elected governance at the local level. Local government is critical because most citizens live at this level, and building capacity here is essential for effectively addressing primary healthcare, education, and other local concerns.

    On constitutional reform

    Closely connected with the devolution of powers is constitutional reform. The 1999 Constitution lacks popular acceptance because it was imposed by the military. The current model of piecemeal constitutional amendment has proven ineffective, taking far too long (over 20 years) and failing to win popular and legitimate acceptance. Prof. Ben Nwabueze in his paper “Legal Authority for the Convening and Holding of a National Conference and for the Making of a People’s Constitution,” suggests a more pragmatic option: wholesale constitutional replacement through the National Assembly’s sovereign authority under Section 4(1) of the Constitution.

  • Fed Govt should fix its refineries, says Agbakoba

    Fed Govt should fix its refineries, says Agbakoba

    Legal luminary Dr. Olisa Agbakoba (SAN) has urged the Federal Government to fix its refineries instead of relying on a private refinery for the production and supply of fuel for domestic consumption.

    He reflected on the mrtering contracts for flow stations and urged the government to offer more explanations.

    Agbakoba said in a statement in Lagos that foreign companies are maintaining huge influence on the oil sector to the detriment of the country.

    He said: “The announcement by the Federal Government that it will provide 186 meters at our flow stations is very curious and needs explanation from the Minister of petroleum.

    “A Flow station is simply a tank where crude oil is stored as they flow in the oil pipelines, awaiting export. The international oil companies are responsible for the flow of crude oil because they manage the pipelines and flow stations as operators.

    “If the federal government wants to place meters at these flow stations to know how much crude we produce for export, it follows that nobody, apart from the international oil companies can actually say what amount of crude oil we export on a daily basis! Imagine you go to a fuel station to buy 10 litres of petrol but the station has no meter.

    Read Also: Reps begin probe of lack of crude supply to local refineries, sharp practices in oil industry

    “How do you determine how much has been sold to you? The information by the Minister of Petroleum confirms what I say that the oil companies have taken control of our crude oil resources and revenue.

    “I thank the minister and urge him to protect us from these oil companies who have appropriated our crude oil resources.”

    The onetime Nigerian Bar Association (NBA) President said the Federal Government cannot solely rely on refineries built by private individual.

    On Prof. Itse Sagay’s (SAN) remark that the constitution allows the Federal Government to take over the Dangote Refinery, pay him compensation and then sell the products at the prices Nigerians can afford, Agbakoba queried: “But why take over what a private individual built? Why can’t the Federal Government fix its refineries all these years and make Dangote irrelevant. Why allow an efficient Business man hold you to ransom when there is a very simple alternative?

    He added: ”The simple alternative for us all is this – let Nigeria work. Let there be light. Let there be food. Let there be water. Let there be jobs. Let there be money, schools, health care, roads etc. Let the government fix its own refineries and bluff Dangote.”

  • Agbakoba advocates new legal framework for oil and gas

    Agbakoba advocates new legal framework for oil and gas

    ’Lets adopt Development Oil Approach’

    Legal luminary Dr. Olisa Agbakoba (SAN) has called for a new natural resources governance structure and the review of the oil and gas legal frameworks as the baseline for repositioning the sensitive sector.

    He said Nigerians have been fooled by the Petroleum Industry Act(PIA), lamenting that its implementation has not yielded the desired results.

    Agbakoba, former President of the Nigerian Bar Association (NBA), also said there is no difference between the Nigerian National Petroleum Corporation Limited (NNPCL), and Nigerian National Petroleum Company (NNPC), saying that they are the same.

    He said it does not matter if the state controls oil and gas, what is important is the impact of that management on the wellbeing of Nigerians.

    Agbakoba vowed to challenge in court the scheme cheating the joint ventures, stressing that any joint ownership with the International Oil Companies (IOCs) contradics the counstitution.

    The eminent lawyer spoke with reporters in Lagos on “Rethinking Nigeti’s oil and gas governance. “

    He said Sections 16 and 4r of the Constitution,  which vests the conttol on the Government of the Federation does not permit joint ownership.

    He urged the Federal Government to emulate the Development Oil Approach adopted by Saudi Arabia, where the so-called partners limit their participation to providing service.

    Agbakoba said the dismantling of the existing legal framework has become necessary because the contract sharing between the Federal Government and the IOCs have not benefitted Nigerians.

    He said it is lamentable that the sector was being ceded to the foreign companies.

    Agbakoba queried: “The values of the IOCs should not overwhelm our own interests. Nigeria is the sixth largest producer of oil. Where is the benefit?

    Noting that Nigerian oil is to the advantage of foreigners and not Nigerians, he said if the IOCs leave, there are capable Nigerians who can replace them.

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    Agbakoba said Nigerians should retrieve its inheritance from the firm grip of non-Nigerians.

    He also urged President Bola Tinubu to appoint a minister of petroleum, saying that the work of the president is enormous.

    He said Nigeria needs a minister of petroleum who can effectively supervise the sector.

    Agbakoba added:”Oil is being paid for borrowing. What are the effects on the common man? What is the result? Service provider is elevated to the status of a co-owner. We are flaring gas. The incompetence in the management of crisis in the oil sector is bigger than corruption.”

    The rights activist said  despite the fact that Nigeria has proven reserves of 37 billion barrels of oil and 188 trillion cubic feet of gas, this abundance of natural resources has not translated into broad-based economic development and improved living standards for majority of Nigerians.

    He lamented that the country has continued to grapple with what economists call the “resource curse” or the “paradox of plenty.”

    He stressed:” This phenomenon is characterised by countries rich in natural resources, particularly non-renewable resources like minerals and fuels, experiencing less economic growth, less democracy, and worse development outcomes compared to countries with fewer natural resources. In Nigeria, this is manifested by high poverty rates, inadequate infrastructure, and uneven economic development.”

    Agbakoba lauded recent initiatives by President Tinubu, including the Accelerated Stabilisation and Advancement Plan aimed at injecting N2 trillion into the economy over six months.

    Noting that the plan is to mitigate impact of the removal of fuel subsidy and the liberalisation of the foreign exchange market, he said more reforms are required.

    Agbakoba called for a shift from “Contract Oil Approach” to the “Development Oil Approach,” to end government ‘s passive style and uncontrolled dominance by international oil companies. He said NNPCL cannot afford to remain a passive partner.

    He drew attention to massive capital flight “as profit of oil does not stay in the country,” but transferred out of Nigeria by IOCs through payments to foreign contractors and service providers, use of foreign banks for transactions, and repatriation of profits to IOC home countries.

    Describing the contract oil model as a violation of Constitutional Mandate, he said:”The Contract Oil model stands in direct contradiction to Sections 16 and 44(3) of the Nigerian Constitution. These provisions explicitly mandate the government to manage Nigeria’s natural resources in a manner that secures the maximum welfare, freedom, and happiness of every citizen. The current arrangement, which primarily benefits International Oil Companies (IOCs), falls far short of this constitutional requirement.”

    He added:” The outsourcing of oil and gas management to IOCs through Joint Ventures (JVs) and Production Sharing Contracts (PSCs) may constitute an unlawful delegation of governmental authority. It is a fundamental principle of administrative law that statutory bodies, including the government, cannot delegate their core functions without express legal authorisation. In the absence of such express authority, the current arrangements may be ultra vires and potentially void.”

    Agbakoba frowned at the inconsistent application of ownership principles, saying:”While the Federal Government is reluctant to consider shared or joint ownership with state governments, who represent Nigerians more directly), it sees no issue in delegating, outsourcing, and sharing joint ownership with IOCs.”

    In his view, “the dominance of IOCs in the sector has historically limited opportunities for developing local content and building domestic capacity in the oil and gas industry.”

    Agbakoba said a paradigm shift to the “Development Oil” option would foster active state participation unlike the contract system and  boost value addition, including the development of local refining capacity, establishment of petrochemical industries and creation of downstream industries that use oil and gas as raw materials.”

    Emphasising the import of “Local Content Development,” he said:  “Development Oil prioritizes the development of local content, aiming to build domestic capacity in all aspects of the oil and gas value chain. This includes training local workforce, developing local technology, and promoting Nigerian-owned businesses in the sector.”

    He added: “While not excluding foreign partnerships, Development Oil seeks to redefine these relationships. Instead of passive JVs or PSCs, it aims for partnerships that prioritize technology transfer, skills development, and mutual benefits aligned with Nigeria’s national interests.

    “There is need to review and potentially revise existing Joint Venture agreements and Production Sharing Contracts with International Oil Companies (IOCs). Current agreements have effectively delegated the inherent rights of Nigerians to IOCs, allowing them to extract significant portions of Nigeria’s resources while leaving Nigerian citizens with comparatively little benefit. This practice raises serious concerns about the protection of national interests and the fulfillment of constitutional obligations.”

    Agbakoba said government should develop new models for engagement with IOCs that prioritize technology transfer, local content development, and value addition within Nigeria, rather than mere resource extraction.

    He called for a new governance framework centered on development along the pattern of Saudi Arabia  and novel legislative and structural changes, particularly the repeal or amendment of the Petroleum Industry Act (PIA) as “Section 64 (c) of PIA conflicts with Section 162 (1) of the Nigerian Constitution.”

    The legal luminary also advised government to “explore innovative funding mechanisms, such as a Sovereign Oil Fund guaranteed by oil reserves, to finance strategic investments in the sector and related industries.”

    He said “this approach would allow Nigeria to leverage its proven reserves as collateral for borrowing, similar to how IOCs currently operate.

    “This will enable Nigeria to fund its own oil and gas operations without relying on foreign companies. Through this process, retain the entire value chain (exploration, production, refining, distribution, shipping, and marketing) in oil and gas, as Saudi Arabia has done successfully.”

    He said government should invest in capacity building for Nigerian oil and gas companies to enable them to take on larger roles in the sector, reducing dependence on IOCs, adding that a significant portion of oil and gas revenue should be reinvested in diversifying the economy and developing non-oil sectors.

    Agbakoba said government should establish special economic zones focused on oil and gas-related industries to attract investment and create jobs.

    Highlighting the benefits of Development Approach,  he said it will lead to economic diversification and growth, job creation, increased Gross Domestic Product (GDP), improved infrastructure  energy security, improved transportation networks, industrial development, educational development, and environmental sustainability.

    Noting that a reformed governance structure will minimize opportunities for corruption and mismanagement, he added that a well-managed oil and gas sector will enhance Nigeria’s reputation in the international community.

    Agbakoba stressed: “Rethinking Nigeria’s oil and gas governance is not just crucial; it is a constitutional imperative.

    “The current system of JVs and PSCs, originally justified by a lack of funds, now appears to violate the inherent rights of Nigerians over their natural resources. By adopting a “Development Oil” approach, Nigeria can reclaim control over its vital oil and gas sector and transform it into a powerful engine for national development.

    “This paradigm shift requires bold policy changes, including the securitization of oil reserves through a Sovereign Oil Fund, which would allow Nigeria to finance its own oil and gas operations. It also calls for a re-evaluation of existing agreements with IOCs that have effectively outsourced decision-making and control over Nigerian resources.

    “The current exit of IOCs presents both a challenge and an opportunity for new Nigerian actors in the oil and gas sector. In collaboration with the federal government, these actors must rise to the occasion and build a new strategy for oil and gas exploration based on development oil principles.

    “By aligning the oil and gas sector with broader national interests and constitutional obligations, Nigeria can create a more diversified, resilient, and prosperous economy that truly benefit the generality of Nigerians.”

  • Fed Govt should build its refineries, says Agbakoba

    Fed Govt should build its refineries, says Agbakoba

    Legal luminary, Olisa Agbakoba (SAN), has urged the federal government to resuscitate public refineries instead of relying on the Dangote refinery for the production and supply of fuel for domestic consumption.

    He reflected on the metering contracts for flow stations, urging the government to offer more explanations. 

    Agbakoba said in a statement in Lagos that foreign companies are maintaining a huge influence on the oil sector to the detriment of the country. 

    He said: “The announcement by the FG that it will provide 186 meters at our flow stations is very curious and needs explanation from the Minister of Petroleum. 

    “A Flow station is simply a tank where crude oil is stored as they flow in the oil pipelines, awaiting export. The international oil companies are responsible for the flow of crude oil because they manage the pipelines and flow stations as operators. 

    “If the FG wants to place meters at these flow stations to know how much crude we produce for export, it follows that nobody, apart from the international oil companies can actually say what amount of crude oil we export on a daily basis!!!! Imagine you go to a fuel station to buy 10 litres of petrol but the station has no meter. 

    “How do you determine how much has been sold to you? The information by the Minister of Petroleum confirms what I say that the oil companies have taken control of our crude oil resources and revenue. 

    “I thank the Minister and urge him to protect us from these oil companies who have appropriated our crude oil resources.”

    Agbakoba said the federal government cannot solely rely on refineries built by private individuals.

    Read Also: Agbakoba seeks N100tr Marshal Plan for Nigeria

    He noted Prof. Itse Sagay’s remark that the constitution allows the federal government to take over the Dangote Refinery, pay him compensation, and then sell the products at the prices Nigerians can afford. 

    Agbakoba queried: “But why take over what a private individual built? Why can’t the FG fix its refineries all these years and make Dangote irrelevant? Why allow an efficient Business man hold you to ransom when there is a very simple alternative?

    He added: “The simple alternative for us all is this – let Nigeria work. Let there be light. Let there be food. Let there be water. Let there be jobs. Let there be money, schools, health care, roads, etc. 

    “This is how to render Dangote irrelevant and not as Suggested by taking over another man’s sweat even if the sweat is to cheat us. Let the FG do its own refineries and bluff Dangote.”

  • Agbakoba’s firm unveils publications on governance, environmental justice

    Agbakoba’s firm unveils publications on governance, environmental justice

    Olisa Agbakoba Legal (OAL), founded by former Nigerian Bar Association (NBA) president Dr Olisa Agbakoba (SAN), has unveiled two publications on governance and environmental justice.

    They are “Shaping Nigeria’s Future: Critical Governance Issues for 2024 and Beyond” and the “Simplified Manual on Environmental Justice in Nigeria.”

    The firm said both publications aim to raise awareness about pressing issues facing Nigeria, such as governance challenges and environmental injustice, and to encourage public engagement and dialogue on these topics.

    “At OAL, we believe it is imperative to address the most pressing governance challenges facing our nation,” said Collins Okeke, Associate Partner and Head of Government and Public Sector Practice.

    “Shaping Nigeria’s Future: Critical Governance Issues for 2024 and Beyond” provides an in-depth analysis of 10 key areas: political, constitutional, regulatory, administrative, electoral, legal, judicial, economic, trade, and maritime governance.

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    The report highlights the need for the National Assembly to work closely with the Executive to develop a SMART (Specific, Measurable, Achievable, Relevant, and Time-Bound) implementation plan that prioritises revenue generation, job creation, poverty reduction, and economic growth.

    It also emphasises the importance of reviewing and reforming existing laws and regulations to align them with Nigeria’s current realities and aspirations.

    The report calls for a collaborative approach between the legislature, executive, private sector, civil society, and development partners to ensure effective implementation.

    It also stresses the need for the National Assembly to lead by example in terms of transparency, accountability, and integrity.

    The “Simplified Manual on Environmental Justice in Nigeria,” Okeke said, a resource designed to empower communities, activists, lawyers, and policymakers in the fight against environmental injustice.

    It provides a comprehensive overview of environmental justice issues in Nigeria, including oil pollution, gas flaring, deforestation, flooding, and waste mismanagement.

    It also analyses the legal and policy frameworks for environmental protection, highlighting key national laws, regional treaties, and international agreements.

    OAL Partner, Babatunde Ogungbamila, added that the environmental justice manual features inspiring case studies of successful environmental litigation in Nigeria and globally, demonstrating the power of strategic legal action in securing remedies for affected communities.

    It also offers practical strategies for enforcing environmental rights, such as grassroots advocacy, strategic litigation, leveraging technology, and international advocacy.

    Managing Partner, Yvonne Ezekiel, said OAL believes that access to knowledge is crucial in the fight against systemic inequality, discrimination, and environmental injustice.

    “That is why we are making both publications available. We invite all stakeholders – the public, civil society organisations, policymakers, and the media – to engage with these publications and join the movement for good governance and environmental justice in Nigeria.

    “Our vision is a Nigeria where every citizen, regardless of social status, gender, ethnicity, or location, can enjoy the right to a clean, healthy, and sustainable environment.

    “We believe that by working together, we can build a more equitable, prosperous, and sustainable future for all Nigerians.

    “The “Shaping Nigeria’s Future: Critical Governance Issues for 2024 and Beyond” report and the “Simplified Manual on Environmental Justice in Nigeria” are available for download on our website, https://oal.law/publications/. We encourage everyone to read, share, and discuss these publications widely.”

  • Agbakoba: Supreme Court ‘mafia’ must be broken up

    Agbakoba: Supreme Court ‘mafia’ must be broken up

    ‘Law on judicial appointments, composition of appellate courts needed’

    Dr Olisa Agbakoba (SAN), a former Nigerian Bar Association (NBA) president, is a development law expert. An alumnus of the London School of Economics & Political Science, he founded foremost civil rights organisations such as the Civil Liberties Organisation (CLO), United Action for Democracy and the Human Rights Law Service (HURILAWS). He set legal reform and governance agenda for the President and the National Assembly at a media parley. Deputy News Editor JOSEPH JIBUEZE was there.

    Constitutional governance

    he problem of the constitution is not so much the content. It’s the lack of acceptance and legitimacy. If you allow people to speak and own something, you will be surprised they may arrive at the same answer. They may even adopt the same constitution. If there is a new constitution, it may not necessarily be different. It might be, but the main problem is that the constitution lacks legitimacy. It lacks validity; it is not autochthonous; it has been imposed. The owners of Nigeria want to be at the forefront of the discussion for a new constitution. Whatever they arrive at, they can say: ‘This is our document’. There might be variations. I know that one key variation might be to adopt the 1963 model. But if you look at the provisions of the 1963 Constitution and the 1999 Constitution on fiscal federalism, they’re exactly the same. The Federal Government controls most of the money. But why was that one accepted? Because it was their constitution. Why is the current one not accepted? Because it is not the people’s constitution. So, I want to emphasise that the problem is with the process and not the content. Allow those who own Nigeria to create their document, no matter how imperfect. But if I were to say what should be in the document, I’d say we need to devolve. We need to have a loose federation. The centre is too strong. Let the states be the economic drivers. All the constitutions we’ve had have been imposed.

    Sovereign national conference no longer relevant

    I personally accept that there can be no sovereign national conference (SNC). There is a moment for everything. There was a time when the SNC was relevant. Right now, by virtue of Section 4 (1) of the Constitution, the National Assembly is the sovereign parliament of Nigeria, however imperfect it is. So, it is best to start building from that process and to ask them why they cannot replace the constitution. Why can’t they bring in the owners of Nigeria to assist in the resolution of the crisis of insecurity? Military solution will not work, so why not hand the problem over to the owners of Nigeria? You have to agree to be married to someone. I don’t know why that point is not understood. We must agree.

    Parties to the agreement

    They are those who lost their independence in 1914. Call them and say: ‘We know your independence was taken from you. Now, we recognise the importance of your role. Please go and discuss. Tell us what you want to do.’ I can assume that the answer will be: ‘We want to be in Nigeria.’ But they want to be consulted. They want to own that process. Good leaders listen to the people and hear their complaints because that may be what they wish to resolve. Good leaders are not a hindrance. But successive governments have failed to understand the logic of listening. So, we need great leaders who are like great structural engineers. Leadership is what takes us backwards, and that is why I pray for Tinubu to reach cruising heights.

    How to produce a new constitution

    I found the late Prof. Ben Nwabueze’s theory on a new constitution very interesting. He says the National Assembly may not be aware of the nature of their powers. The National Assembly has three legislative powers: sitting as the House of Assembly of the Federal Government; sitting as the House of Assembly of the FCT, and as the House of Assembly of the Federal Republic of Nigeria. The last is the power they’ve never used. Nwabueze suggests that they could use that to just establish a new constitution. All they need to do is to consult people. The constitution is not as sacrosanct as it sounds. It’s an Act that attaches the schedule. Nwabueze suggests: deleting the schedule of the current constitution and adding a new one. Write up something agreeable. Send it around. Once it’s accepted, invoke the powers of Section 4(1) and exchange it. This happened when the Republican Constitution was exchanged. The parliament replaced the Independence Constitution by a deletion in one day. Our National Assembly has spent 23 years amending the constitution. Our constitutional and political foundation is weak.

     Get ethnic giants involved

    What we need is to identify the owners of Nigeria before 1914. In previous national conferences, professional associations, such as the NBA, were invited. We (lawyers) have no ethnic stake per se. Invite those who were owners of Nigeria – Benin Kingdom; the emirs, the Obi of Onitsha. Excluding them from the development process is a huge error. We need to bring in Ohanaeze, PANDEF, Arewa, and Afenifere. These are the people that will shape Nigeria and give us political peace for development. The government needs to resolve critical national questions. Are we a country, state, or nation? Do we intend to live together as one country and how? Once these questions are answered, it will set the stage for a new political arrangement that can be articulated in a new constitution. Sub-national ethnic leaders (Ohaneze, Arewa, and Afenifere) have national appeal and can provide alternatives. The current National Assembly has powers to facilitate this process under the constitution. 

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    Need for a strong governance structure

    One of the things that is ignored in development discussions is law. Little attention is paid to the law. My background is development law, and a sub-speciality of it is governance, which is like a foundation. A country that has been struggling with the foundation for 23 years cannot be considered a serious country. So, there is a need for speed. The 10th Assembly must address the issue. The late Bola Ige once said, in a political arrangement like Nigeria’s, the first question is, just like having a wife: do I want to be married? In Nigeria, do we want to be one? It’s an assumption that we want to be. It’s a terribly big and wrong assumption. Croatia was one of the six countries that formed Yugoslavia. But they’re doing very well. Macedonia is doing very well. Slovenia is doing very well. It’s not sacrosanct that we must be one country if in being one country, you have all the killings. In looking at President Tinubu’s governance programme, I will remind him of a structural engineer who says: ‘I can’t build Nigeria based on a weak governance structure.’ It is a fundamental process if you want a country to grow. Nigeria’s governance structure is very weak.

    The peace fundamental

    If a man is always fighting with his wife, he cannot have peace or think about how to develop. We can learn from history. When the Catholics lost out in Europe, and the protestants came on, there were 80 years of war. Maximilian sat down and created a conference that brought peace. So, the first thing we have to do in Nigeria is to organise peace. Without peace and security, we cannot have good governance. To continue to do the same thing with the same result is a mistake. We cannot resolve our problem with a military solution. It will not happen. If we continue on this path of deploying the military, we cannot win. You cannot use military solutions for irregular warfare. While I was a student at the University of London, I elected to do counter-insurgency. Why Mao Tse-tung won was because he fought an irregular warfare against mainland China. America got involved, but the most powerful country was beaten by a rag-tag Vietcong army, which fought an irregular war. Where do you find IPOB people or the bandits? Military options will not give Nigeria peace. So, the first thing we must do is to find a way to resolve our crises. In Abuja, people are afraid. In Jos, people are afraid. In Kaduna, people are afraid. In the Southeast, my brother was kidnapped. The whole place is terrorised. So, we need to have a process around which the government will create peace.

     Strong judiciary needed

    The Judiciary in my 45 years in the profession has never been as low as this. Even the Supreme Court – Justice John Okoro – castigated the Court of Appeal for the terrible judgment where they removed virtually everybody in the Plateau political system. We can’t grow if we have a weak judiciary. Therefore, the only way to grow is to break up this mafia in the Supreme Court. You have to break it up. It’s like saying no woman in Nigeria is entitled to political office. That’s what they’ve done to us in the judiciary. No lawyer is entitled to be appointed to the Supreme Court. It’s only them. They create a mafia, block us out, and appoint themselves – like an incestuous relationship. They cannot be at their best. So, the National Assembly should understand the difference between the administration of justice and judicial administration. In respect of judicial administration, the National Assembly can intervene. The Federal High Court, Court of Appeal Act and Supreme Act already have provisions relating to qualification for appointment and composition of courts. The only thing the constitution says is that you must have practised for 15 years, nothing else. We need a law, a Supreme Court Appointment Act, to regulate the appointment and composition of courts. The Court of Appeal Act for instance, provides that appeals from the Customary Court shall be heard by not less than three Justices of the Court of Appeal learned in customary law. Nothing stops the National Assembly from including in the Act that the Supreme Court shall be composed of Justices from the bench Bar and academia. To keep excluding the Bar and the academics will only result in a weak judicature. The National Judicial Council (NJC) is too strong an institution. 

    Tough decision necessary

    I think all the tough decisions President Tinubu took were correct, painful as they are. What needs to happen is major legislation and major legislative action to cushion the hardship Nigerians face. The removal of the petrol subsidy was the right thing because it was a very corrupt policy. But where is the money? I don’t like these personal palliatives. I prefer institutional palliatives because they’re more transparent and the people will feel it more. For instance, if you say: that for all Nigerians under the age of 12, there will be no school fees. You will find the impact immediately. But where are the people being given N5,000 each? The President has got off to a good start on the runway, but the most difficult time for a pilot is when he’s climbing. An air return is a possibility.

    The President has set a very ambitious goal to grow Nigeria’s GDP to $1 trillion in seven years. This is a huge task. Achieving these goals requires massive legislation and executive action. Two countries that achieved major turnaround by the enactment of major legislation and executive are the U.S. (Franklin D. Roosevelt’s New Deal) and the UK (Margret Thatcher’s Big Bang). The primary tool Tinubu needs is governance. Governance is a critical tool in development planning. It is the equivalent of a building plan. Nigeria’s Governance structures are weak and so what is required is to strengthen them through critical laws and policies.

    Regulatory, administrative governance

    Former ministers Babatunde Fashola and Rotimi were running around. There is no way both could have resolved our infrastructure needs. Governance entails understanding the structures of government. A minister is not an implementer but creates policy. So all that running around was unnecessary. There is an institution set by the Constitution to deliver what the executive decides, and that is the fourth branch of government, known as the administrative state, which is critical for development. The fourth branch is responsible for regulatory oversight in Nigeria. However, currently, it seems to be weak in delivering good governance due to its ineffective mechanisms. Regulatory agencies are often viewed as financing conduits for ministers instead of independent bodies. Reviewing legislation and strengthening the oversight functions are crucial to making the fourth branch perform optimally. The role of the fourth branch as an inspector and enforcer of government policies should be redefined by new legislation and oversight. Presently, there is an overlap of functions as ministers perform regulatory and inspection functions, such as overseeing airports, bridges, roads, etc. These are properly the functions of the administrative state, which is the fourth branch of government. The minister of Health cannot be the Chief Medical Officer of the federation and handle policy work simultaneously. This creates a situation where ministers set policies and then inspect their policies, which is not desirable. The UK model demonstrates the appropriate separation of policymaking and administration.

    Electoral governance

    Implement Justice Uwais’s report on electoral reform e.g. Unbundle INEC into three bodies for pre/post-election roles. Make INEC neutral in election disputes. There needs to be a transparent process for appointing the INEC chairman.

    Economic Governance

    Revise Section 16 of the Constitution to clarify Nigeria’s economic ideology.

    Leverage non-tax public revenue sources more effectively as provided under section 162 (10) of the Constitution. Develop a legal framework to activate private capital for development. Most of Nigeria’s private capital is “dead” or inactive due to a lack of infrastructure supporting capital flows in a developing economy. Strengthen the implementation of local content policies by passing the Fly Nigeria Bill. Overhaul the Coastal and Inland Shipping Act, NIMASA Act, and Local Content Act to reduce revenue losses. Reform property titling frameworks to unlock trillions in capital from land assets. Establish a National Credit Guarantee Corporation. This is absent in Nigeria. The function of a National Credit Corporation is to support MSMEs with credit. When viable business proposals are guaranteed, the economy gets stimulated, expanded, and converted to goods and services sold to consumers.

     Unbundle CBN

    Unbundle the Central Bank of Nigeria (CBN) as done in the UK by creating two new institutions styled Prudential Regulatory Authority and Financial Conduct Authority to enhance bank performance. Introduce legislation to establish a one-stop revenue collection agency styled National Revenue Authority (NRA) and move all revenue collection functions of MDAs to the NRA. This could vastly increase tax and non-tax revenue.

    Trade governance

    Legislate national trade policy and office of trade negotiation. Establish Customs and Border Protection Service. Review bilateral investment treaties.

    Maritime governance

    Pass Maritime Zones Bill to extend exclusive economic zone. Reform Cabotage laws to build domestic shipping capacity. Enact critical bills like the Ports and Harbor Bill, Maritime Spatial Planning Bill, and Maritime Zones Bill to increase private sector participation. Introduce legislation to establish a Nigerian Border Protection Agency that would merge immigration and customs functions into a single entity. This would maintain and enforce border security, which is crucial for executing impactful trade policies.

    Aviation governance

    Enact the “Fly Nigeria” Bill to support Nigerian Airlines. Introduce a corporate governance framework to reduce airline failures

     Space governance

    Update current Legislation and policy on Space e.g. The 2006 Space policy and 2010 NASRDA Act. Domesticate major international treaties, the most recent being the Artemis Accord.

    Way forward

    Nigeria’s challenges may seem daunting, but they are not insurmountable.

    If all these governance issues are implemented in the short term, we are likely to continue to feel the pain but in the long term, results will begin to show. The Tinubu Government has a unique opportunity to articulate and drive an uncommon agenda for development. There needs to be a specific, measurable, achievable, relevant, and time-bound implementation plan otherwise it will be all talk and no progress.

  •  Agbakoba: his death leaves a big void

     Agbakoba: his death leaves a big void

    Former President of Nigerian Bar Association (NBA), Dr Olisa Agbakoba (SAN), said Prof. Nwabueze’s death leaves a big void.

    Agbakoba, a senior fellow of Ben Nwabueze Centre for Constitutional Law, said: “Prof. Nwabueze’s academic prowess towered above all. His proclivity in producing Tomes and Magnus opus on critically important legal questions confirms his status as Africa’s leading scholar on democracy, federalism and constitutionalism. 

    Read Also: Agbakoba’s ‘moral high ground’

    “His critical thinking will be missed, particularly by me and colleagues at Ben Nwabueze Centre. My condolences to his family.”

  • Agbakoba’s ‘moral high ground’

    Agbakoba’s ‘moral high ground’

    I wiped my eyes several times when I stumbled on the story in this paper on Tuesday. The reason for my action would be obvious to the discerning: I did not believe what I was reading, so I wanted to be sure my eyes were not deceiving me. Agbakoba slams debates on cases before Supreme Court, said the headline of the story.

    Which Agbakoba? I wondered. But inside me I knew that there is only one Agbakoba who can make such newspaper headline. But could he be the one taking offence to his colleagues’ comments in the media on cases before the apex court? Who started it all? Was he not the one? Olisa Agbakoba, a Senior Advocate of Nigeria (SAN) and activist, took his activism too far shortly before the February 25 presidential election. 

    When you see the name Agbakoba in the media, you know instantly that it could only be Olisa. Olisa Agbakoba’s romance with the media did not start today. It started over 35 years ago when he and Clement Nwankwo founded the rights group, Civil Liberties Organisation (CLO). The organisation has grown in leaps and bounds since then, but Olisa and  Clem have gone their separate ways. The story of their break up is for another day.

    The duo have made good for themselves in their common field, enriching human rights and civil liberties advocacy, with their campaigns on different platforms. Clem now runs the Policy and Legal Advocacy Centre (PLAC). He is the convener of the Civil Society Situation Room under  which the group works with the Independent National Electoral Commission (INEC) during elections. In the run-up to the last elections, Agabakoba started a campaign, the kind that had never been seen since the country has been holding elections followiing the return to democratic rule in 1999.

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    His evidently self-serving campaign on scoring 25 percent of the votes cast in Abuja as a requirement for winning the presidential election set the tone for the rancour over the poll. It was as if Section 134 (2) of the Constitution had just been inserted, with the way Agbakoba took the matter. It turned out that he was only paving the way for a bitter ending to the election. Thanks to him and his ilk, the nation is still reeling from the acrimony over the election.

    What was Agbakoba’s angst? He wanted to know if a candidate could be declared winner of the election,  if he did not score 25 percent of the votes cast in Abuja? He said he was just raising the issue ahead of the election to avert crisis. But, he was wittingly preparing the ground for a crisis. His swift reaction to the September 6 verdict of the Presidential Election Petitions Court (PEPC), which held that a winner did not require to poll 25 percent of Abuja votes, gave him out.

    Hardly had the tribunal finished delivering the over 12-hour judgment that he texted an Arise News newscaster on air, wondering why the Justices took virtually the whole day to give the verdict. The newscaster, who revers Agbakoba, then turned to her guest after reading the text to ask him whether the tribunal should have sat that long, I have a text from Agbakoba, the Agbakoba himself (and that was reporting!), saying the tribunal should have summarised its judgment within 30 minutes or so instead of keeping people that long in court.

    Unknown to Agbakoba, it was because of people like him that the tribunal took that step of televising the judgment and reading it to the hearing of all to avoid being accused of bias. Yet, some people are not satisfied. They are still calling their Lordships names for not conferring Abuja with a ‘special status’? In the aftermath of the verdict, Atiku (or is it Sadiq?) Abubakar has turned to ‘Ajala travel all over the world’ looking for ‘after-discovered evidence’ to upturn it at the Supreme Court?

    The outcome of the fishing expedition has become a subject of debate everywhere, and Agbakoba, who started it all, is disturbed. He should not be. He should be happy that at street corners, football pitches and bars, people gather to debate the matter.  They muse at the American trip to confirm if the certificate President Bola Tinubu submitted to INEC emanated from Chicago State University. More worrisome for Agbakoba is that lawyers have joined the debate bandwagon in the media. He wants the Nigerian Bar Association (NBA) to sanction such lawyers. Really!

    Agbakoba cannot mean that. He started this fire and he should not be seen crying fire! fire!! fire!!! after  it becomes a conflagration that can consume everything along its path. If only he knew, he won’t have started this raging inferno. The issue is beyond the comments, as sickening as some of them may be, but the audacity with which some of the commentators are threatening to bring down the country, if things do not go their way. As Chief Justice of Nigeria (CJN) Kayode Ariwoola observed on October 4 at the swearing in of some new Federal High Court judges, court decisions are not based on public opinions, but law.

    The danger in the fire Agbakoba started is that nobody knows how it will be put out, even after the Supreme Court decides the appeals arising from the PEPC verdict. What, with all manner of comments on the issue, both by lawyers and non-lawyers. When a shoeshine boy stops you on the road and tells you pointblank that without getting 25 percent of Abuja votes, a contestant cannot win the presidential election, then you know that there is fire on the mountain. Lawyers, as Agbakoba whose father was a Justice of the Court of Appeal knows, make their submissions in court and not on air and pages of newspapers.

    When they start parading the media, as he did, when he began the contrived debate on 25 percent of Abuja votes, something must have informed it.  Agbakoba used the media to sell his own agenda, now he does not want his fellow lawyers to enjoy the same privilege. He cannot stand on moral high ground on this matter. He is as guilty as those he wants the NBA to sanction. As Fela will say, teacher no teach me nonsense!