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Tag: Litmus test

Litmus test for The Ombudsman

The National Media Complaints Commission (NMCC), the media Ombudsman, faces a major test, which has put it under public focus. A lot of people doubted the intention of the Nigeria Press Organisation (NPO) when it announced the setting up of the Ombudsman last year for The public to channel complaints against perceived infractions by the media. It is a two-leg system.

First is at the level of media houses – each expected to set up an in-house Ombudsman to look into complaints by aggrieved members of the public.

The second level is the central one set up to take protests and write reports for the NPO. The chairman of the Central Ombudsman panel is an accomplished journalist, Eluem Emeka Izeze, a former editor-in-chief of The Guardian.

Others are: former president of the Nigerian Bar Association (NBA), A. B Mahmoud; deputy vice chancellor, (Academics) Paul University, Awka, Anambra State, Prof Chinyere Stella Okunna; a development specialist and country director, Care International (Nigeria), Dr. Hussain Abdu; editor-in-chief, Diamond Publications Ltd. and founder, Diamond Awards For Media Excellence (DAME), Mr. Lanre Idowu; Executive Director, Media Rights Agenda (MRA), Mr. Edetaen Ojo; a journalist, lawyer and arbitrator, Mrs. Dupe Ajayi-Gbadebo; broadcaster, author and columnist, Mrs. Eugenia Abu; and chairman, House of Representatives Committee on Information.

Read Also: Plateau massacres as litmus test

The NMCC is an independent, multi-stakeholder co regulatory body. It was established by the Nigerian Press Organisations made up of the Newspaper Proprietors Association of Nigeria, the Nigerian Guild of Editors and the Nigeria Union of Journalists. It works in collaboration with the Guild of Corporate Online Publishers and the Broadcasting Organisations of Nigeria. The NMCC is tasked with providing the public with an independent forum for resolving complaints about the press, resolving all complaints quickly, fairly and free of charge. It is expected to do so, maintaining high standards of journalism practice, journalistic ethics and defending the freedom of the press and the rights of the people to know.

The first assignment of the body was the protest filled by a government security agency against a former editor of an online newspaper, First News, Segun Olatunji.

The complaint is that the newspaper published an untrue story about some public officials. Prior to filling the protest, Olatunji was abducted from his Lagos home and taken to Abuja.

For some days his whereabouts were unknown.

He was later released by the Directorate of Intelligence Agency (DIA) in Abuja. When the agency was told that it ought to have used the instrumentality of redress provided by the NPO, it obliged and filed petition against Olatunji.

The report of this petition is still being awaited by the public.

Now, another petition has been filed. This time, it is from the Federal Government against a major newspaper – The Daily Trust. It was filed by Minister of Information and National Orientation Mohammed Idris.

Idris is incidentally the immediate past treasurer of the Newspaper Proprietors Association of Nigeria (NPAN).

He was in office when the NPO set up The Ombudsman.

The NPAN is the driving force of the NPO, which is the umbrella body of all the groups in the media space.

Others are the Guild of Editors (NGE), the Nigeria Union of Journalist and the Broadcasting Organisation of Nigeria (BON).

The Federal Government complained about the Daily Trust story on the Samoa agreement signed by the government with the EU/Pacific with the prospect of millions of dollar stuff loan to the country’s advantage.

The Daily Trust reported that the agreement included a portion that will compel signatories to embrace Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ). This is offensive to Nigerians and contrary to the extant laws and the constitution of the country.

The government denied that such a portion existed in the agreement it signed. Daily Trust, which initially stood by its story, later admitted some “lapses” in its report.

The Ombudsman has written the newspaper to defend itself on the accusation of publishing untruth about the government.

What report will it write? How will this impact on the standard operating practice of the media going forward?

How effective will the recommendations arising from the report be on the industry? Questions and questions.

July 17, 2024
‘Upcoming elections in Nigeria, others litmus test’

Coming elections in Nigeria and some other West African countries were talking points yesterday at a meeting attended by members of the United Nations (UN) Security Council representatives.

The head of the United Nations Office for West Africa and the Sahel (UNOWAS) told the Security Council, Mohamed ibn Chambas, and United States Deputy Ambassador to the United Nations Jonathan Cohen yesterday said ensuring full respect for human rights would be key for the success of the general elections and other elections coming up in West Africa and the Sahel.

They said the polls were coming amid a highly challenging security environment. They spoke at UN Security Council meeting on West Africa in New York. Chambas said tensions were high in Nigeria ahead of the elections.

Chambas, who is also the Special Representative of the Secretary-General in the region, said preparing the ground for high-stakes elections in Nigeria, Senegal, Mauritania and Benin was a priority.

He said: “The next cycle of elections in the region will be a litmus test for the consolidation of democratic gains,” he said, adding that ensuring an enabling environment for the full respect of human rights will be key for the success of those elections and for safeguarding stability.

“Through inclusive approaches predicated on national ownership, we must continue to work hard on addressing the governance deficits, the extreme poverty and lack of development that feed and sustain armed violence and extremism.”

He reported progress since mid-2018 in the consolidation of democracy in the region, including elections in Mali, Mauritania, Togo and Côte d’Ivoire, despite Boko Haram attacks in the Lake Chad Basin, a state of emergency in much of Burkina Faso and extremist attacks and kidnappings in Niger, Benin and Togo.

He stressed the need for greater support to advance stabilisation efforts in the Sahel, he urged Governments and partners to swiftly put much-needed medium- and long-term measures into place and to speedily disburse funds to respond to pressing needs on the ground.

Council members echoed the Special Representative’s call for strengthened engagement by the international community to overcome security challenges while advancing the 2030 Agenda for Sustainable Development to address the root causes of conflict. Several also underscored the importance of greater inclusion of women and young people in leadership roles and political processes.

The representative of Côte d’Ivoire said while political stability in the region is a positive development, efforts must continue, with a focus on forthcoming elections. He called on UNOWAS to continue to support the Economic Community of West African States (ECOWAS) initiatives, crisis management and conflict-prevention efforts. On terrorist threats, he appealed for financial and logistical support, particularly to the G-5 Sahel force and for enhanced coordination with forces present, including the United Nations Multidimensional Integrated Stabilisation Mission in Mali (MINUSMA).

The representative of Equatorial Guinea said in addition to insecurity and instability in Burkina Faso, Mali, Niger and Nigeria, including indiscriminate attacks by Boko Haram, the region is witnessing conflicts between farmers and pastoralists. The humanitarian situation is another concern, she said, pointing to food insecurity and forced displacement in the Lake Chad Basin. She announced that her country, with Côte d’Ivoire, plans to lead a Council mission to West Africa during its turn at the Presidency in February.

France

The representative of France said that several alarming developments must urgently be addressed. While France is committed to combating terrorism through Operation Barkhane, the G-5 Sahel force and other regional efforts, more must be done to support the Multinational Joint Task Force that is confronting Boko Haram, she said. She also suggested a regional dialogue on climate change and environmental impact, through a lens of ensuring security and stability.

The representative of the United States, highlighting the need to focus on Mali, encouraged Council members to use all available tools to address those who obstruct progress on the implementation of the Agreement on Peace and Reconciliation in that country. He added that the United States is supporting Nigeria’s efforts to strengthen democratic institutions and processes. In that regard, he urged Nigerian stakeholders to work to ensure the holding of open and fair elections.

Chambas, who introduced the latest report of the Secretary-General on the Office’s activities, said that, since his last briefing, further progress has been made in democratic consolidation in West Africa and the Sahel, despite persistent security challenges that include Boko Haram attacks in the Lake Chad Basin, a state of emergency in much of Burkina Faso, and extremist attacks and kidnappings in Niger, Benin and Togo.

Providing a survey of the Office’s efforts, he said progress has been made in implementing Security Council resolution 2349 (2017) to support a regional response in the Lake Chad Basin. However, more support is needed to advance stabilisation efforts in the Sahel, he said, urging Governments and partners to swiftly put much-needed medium- and long-term measures into place and to speedily disburse funds to respond to urgent needs on the ground. The past six months have meanwhile seen the successful organization of presidential elections in Mali, regional and parliamentary elections in Mauritania and Togo respectively, and local elections in Côte d’Ivoire. However, ongoing efforts are needed to address contentious issues surrounding those elections and to support inclusive dialogue. That will be even more important going forward, with high-stakes elections to be held in Nigeria, Senegal, Mauritania and Benin.

With regard to Nigeria, he added that the prospects for peaceful and credible presidential and parliamentary elections on 16 February and gubernatorial and state assembly elections on 2 March have increased since the signing of a national peace accord in the capital Abuja on 11 December 2018. He said that, in the coming weeks, he will engage actively with all stakeholders in Nigeria, including through the organization of peace forums in Benue, Rivers, Kaduna and Kano States.

He went on to express concern about alleged human rights violations by security forces in the region, as well as the re-emergence of self-defence groups whose activities are fuelling intercommunal tensions in some countries. Security operations must comply fully with international humanitarian, human rights and refugee laws, and non-State actors must be held accountable for any crimes committed. Citing a recent joint study by the United Nations and World Bank, he added that women’s marginalisation remains a cause and consequence of instability and conflict. UNOWAS will keep working with all regional actors to strengthen the role of women in West Africa and the Sahel, he stated.

“The next cycle of elections in the region will be a litmus test for the consolidation of democratic gains,” he said, adding that ensuring an enabling environment for the full respect of human rights will be key for the success of those elections and for safeguarding stability. For UNOWAS, preparing the ground for elections — through support for inclusive dialogue and national conflict prevention capacities — will remain a priority. While a growing number of attacks by extremist groups, and the increasing sophistication of their tactics, risks undermining collective efforts in the region, military solutions — while necessary — are not enough. He encouraged all actors to ensure holistic responses, grounded in respect for human rights and the socioeconomic needs of people in affected areas. “Through inclusive approaches predicated on national ownership, we must continue to work hard on addressing the governance deficits, the extreme poverty and lack of development that feed and sustain armed violence and extremism,” he said.

Côte d’Ivoire

Côte d’Ivoire’s representatives Gbolie Ipo said the dividends of the current economic situation in the subregion provide opportunities for youth, women and other groups. While political stability in the region is a positive development, he said efforts must continue, with a focus on forthcoming elections in several nations. He called on UNOWAS to continue to support the Economic Community of West African States (ECOWAS) initiatives, crisis management and conflict-prevention efforts. Turning to threats from terrorist groups, he said local vulnerabilities are being exploited. He called for financial and logistical support, particularly to the G-5 Sahel force and for enhanced coordination with forces present, including the United Nations Multidimensional Integrated Stabilisation Mission in Mali (MINUSMA). The security response must also be accompanied by development strategies, he said, calling on the international community to support such initiatives. Expressing support for the Alliance for the Sahel, he said the United Nations support plan for the region is also important in that it focuses on meeting the goals set out in the 2030 Agenda for Sustainable Development. Meanwhile, UNOWAS remains an important tool to prevent violence in the region.

German representative Juergen Schulz underlined a need for conflict-prevention plans and long-term sustainable development initiatives. He encouraged enhanced support to build local capacities in countries including Liberia and Mali to combat the spread of small arms and light weapons. Mission closures must also be closely managed, he said, adding that Germany is among the largest donors to the Peace building Fund. Climate change is another concern, he said, commending the Economic Community of Central African States (ECCAS)-ECOWAS summit in July 2018 on the upsurge in and spread of violent conflict between herders and farmers due to related adverse effects. Turning to other concerns, he highlighted cases of human rights violations and attacks on civilians. One driver of extremism is the violation of human rights and he welcomed regional initiatives to respond to the burgeoning terrorist threat. Gains are already being made in this regard by conferences and initiatives, such as the Multinational Joint Task Force in the Lake Chad Area and the ECCAS-ECOWAS joint summit on the fight against terrorism, held in Lomé in July 2018. Addressing another concern, he asked for a follow up to the joint United Nations-African Union mission in July 2018 focusing on women, peace and security.

His French counterpart Anne Gueguen said while preventing crises is an effective approach, several alarming developments must urgently be addressed. France is committed to combating terrorism through Operation Barkhane, the G-5 Sahel force and other regional efforts, but more must be done to support the Multinational Joint Task Force, with the United Nations playing its crucial role. Maintaining stability in the Sahel is critical, she said, encouraging the holding of credible elections in various countries. Attention to ongoing processes in Guinea-Bissau and others poised for holding elections is essential, including areas such as the role of women and guarantees for free and fair electoral activities. She underscored the link between climate and security, saying the environmental consequences are placing pressure on populations and playing a role in stability in the Sahel. A regional dialogue on climate change and environmental impact, through a lens of ensuring security and stability, must be pursued to address this and related concerns.

Cohen said his delegation appreciates UNOWAS and its work, but remains concerned about the growing sophistication of terrorist and violent extremist organisations. Only through enhanced security and cooperation efforts can the countries of the region overcome these and related challenges, he said, commending UNOWAS for its recent achievements in addressing pastoral issues. He highlighted a need to focus on Mali, encouraging the Council to use all available tools to address those who obstruct progress on the implementation of the peace agreement. Raising several concerns about other countries in the region, he said the United States continues to support Nigeria in its efforts to strengthen democratic institutions and processes. He urged Nigerian stakeholders to address concerns such as vote-buying and challenges related to internally displaced persons and to work to ensure the holding of open and fair elections.

Equatorial Guinea

Equatorial Guinea’s representatives Amparo Colifa expressed appreciation for the work of UNOWAS and other regional and international entities, said West Africa and the Sahel face many challenges, but there is also a great willingness to overcome them. In the long term, everyone fighting for peace will prevail, she stated. She noted ongoing insecurity and instability in Burkina Faso, Mali, Niger and Nigeria, with Boko Haram still carrying out indiscriminate attacks. Conflicts between farmers and pastoralists are worsening, as well. The humanitarian situation is another concern, she said, pointing to food insecurity and forced displacement in the Lake Chad Basin where many people are living in inhumane conditions. In that regard, redoubled efforts are needed to implement the 2019 humanitarian response plan and to address an ongoing cholera epidemic. She underscored Equatorial Guinea’s support for the United Nations integrated strategy for the Sahel and its support plan. Noting that the fight against piracy and maritime crime is a priority for her country, she said that Equatorial Guinea plans, during its Council presidency in February, to hold a debate on transnational organised crime at sea. With Côte d’Ivoire, it will also lead a Security Council mission to West Africa.

United Kingdom’s representative David Clay raised concerns about insecurities in large parts of the region, including threats from terrorist groups. Both military and non-military actions are required to address these threats, keeping in mind the humanitarian rights of the population. In the Lake Chad Basin, a combination of terrorism, poverty and climate change are wreaking havoc on the population, he said, welcoming a collaborative effort among regional actors to reinforce a collective approach to, among other things, combating Boko Haram. Cooperation among terrorist groups is growing, which is why the United Kingdom committed targeted funding to tackle this challenge and is scaling up its involvement, presence in the region and contributions to development. He highlighted a need to focus on the forthcoming elections as a way to foster more progress.

Belgium

Belgian representative Marc Buytswerve expressed ongoing concern at the precarious situation, including an uptick in inter-communal violence in Niger, Burkina Faso and Mali, as well as the resurgence of Boko Haram attacks. Particular attention should be given to tensions between farmers and herders, he said, congratulating UNOWAS for undertaking a study of that problem. Going forward, political will to install good governance, democracy and human rights will be pivotal to underpin gains made and encourage sustainable development. Underscoring the roles of the Peacebuilding Commission and the Peacebuilding Fund, he said Belgium welcomes prevention-focused approaches, with the United Nations efforts based on the new resident coordinator architecture.

Russia

Russian Federation representative Dmitry Polyanskiy said his country hopes that the 2019 elections will take place with full respect for the rule of law. Expressing regret that extremism, terrorism and cross-border crime have taken hold in the region, he recalled that the epicentre of such activities, the Sahel, had fallen victim to the headstrong activities of some countries which lead to regime change in Libya. Dialogue with terrorists, including Boko Haram, is impossible, he stressed, adding that military and counter-terrorist efforts must be accompanied by the strengthening of Government institutions and respect for human rights, among other things. He went on to say that the full potential of the United Nations integrated strategy for the Sahel has yet to be harnessed, and that only through collective targeted efforts can results be achieved.

Dominican republic’s representative, who is Council President for January, Jose Weisinger, spoke in his national capacity, calling on those countries holding elections in 2019 to minimise tensions and address differences. He commended UNOWAS for the work of its good offices, but voiced concern over insecurity, especially attacks by extremist groups, as well as an uptick in intercommunal violence and maritime piracy that have resulted in loss of life, human rights violations, displacement of populations and property loss. Recalling that 24 million people in the region now require humanitarian assistance, he called on the international community to redouble efforts to implement mechanisms that will protect the most vulnerable. He went on to condemn sexual violence and the arbitrary detention of women by terrorist groups, and regretted that representation of women at high levels remains minimal. He called on UNOWAS to continue to support security sector reform, adding that the key to lasting peace is to prevent conflict from spreading to neighbouring countries and to ensure that perpetrators are brought to justice.

January 11, 2019
Kashamu: Litmus test for rule of law

have never been an admirer of Senator Buruji Kashamu. His long-drawn travails over drug trafficking allegations cum extradition war waged against him by the government of the United States of America have somewhat made an unjust judge out of me; a judge who, at the mere sight of headlines relating to the case, instantly passes a silent verdict of guilt on the Ijebu-born business guru.
But, the current round of altercations over the culpability or otherwise of the controversial multi-millionaire seems to have purged me of the error of subjectivity, which, I am convinced, multitudes of my compatriots are wont to commit purely as a function of socio-economic and political ideological differences.
What endeared me to a painstaking reading of the lengthy press statement of the senator, titled US Court Ruling: I have no case to answer, published in The Punch (pp.32-33) edition of January 31 was, perhaps, a deeply-rooted instinct to garner further damaging facts against the man. But, the narratives of the statement actually turned out a chronology of facts or, at least, acclaimed historical facts about the transcontinental case which only imposes the task of simple verification on the Nigerian authorities and every other corporate or individual stakeholder for final resolution. In other words, Kashamu’s pictorial account is an open challenge to the federal government, particularly the Nigeria Drug Law Enforcement Agency (NDLEA) and other law enforcement agencies. It necessitates the simple responsibility of contacting the British judiciary to enquire whether it is indeed true that previous attempts to get Kashamu extradited to the US were judicially knocked out, by an English High Court, on the ground of mistaken identity.
Even an outright request by the US authorities for the extradition of the senator, under the present circumstance, cannot logically warrant steps aimed at automatic enforcement by the Nigerian authorities.
In the first place, the existence of legal cooperation partnership between Nigeria and the US does not and can never erase the fact that our country is a sovereign nation and equal partner under such agreements. It is noteworthy that the UK judicial proceedings, occasioned by the US extradition request, were a manifestation of the due process that fundamentally protected more of that nation’s sanctity than the interests of a foreigner on its soil. Obviously, the request would not have emanated if legal partnership, reminiscent of the US-Nigeria relations, never existed between the US and UK.
In effect, overzealous actions by Nigerian agencies would come with far-reaching damaging effects, more on the nation and its sovereign status as well as its socio-economic and political interests than on her citizen targeted by such actions. What would be overzealous in this instance will be a similitude of the last attempt by the NDLEA to comply, hook, line and sinker, with a supposed extradition directive from the US, probably better referred to as Big Brother US, without attempting to subject it to any internal due process of the law, unlike in the British case.
Still, the direction of due process, at this stage of the matter, has been initiated by the senator himself. Having claimed that the English High Court of Justice, Queens Bench Division, in year 2000, has nullified the extradition request on the ground that it emanated from an identity error, logical reasoning demands that NDLEA, on the strength of the strong affinity between the Nigerian legal system and that of the UK, proceed, through the Office of the Attorney General, to relate with the UK authorities on the case. Such a procedure would simply align with the strategy adopted by Abuja in trashing the Halliburton allegation leveled against Hajia Aisha Buhari, the wife of the President, by Governor Ayodele Fayose of Ekiti State. Co-incidentally, Fayose’s accusation turned out a case of mistaken identity heralded by name similarity, as a result of a well publicized formal confirmation request by the Nigerian authorities, from their US counterparts.
Meanwhile, the latest US court ruling that re-incarnated the Kashamu brouhaha is never an explicit extradition request, rather it is mere nullification of the claim of the plaintiff, Senator Kashamu himself, that the 2015 attempt to arrest and transfer him to the US by the NDLEA, in collaboration with some US agents, was an abduction attempt. In other words, the court held it was indeed an extradition attempt, not abduction. Nevertheless, it never proceeded to issue a fresh order.
Even if it did, the question remains whether Nigeria, a supposedly independent nation is bound to unquestionably obey without initially sifting the chaffs from the grains.
Let me now relate the case to our cherished national interest. At this crucial stage of our international relations history, particularly in relation to the entirely new Donald Trump’s US, the imperatives of relating with the supposed God’s own Country from the position of strength have, within the short period of Trump’s ascension into the most exalted office in the world, become a loud music, blaring forth the mouths of globally respected foreign affairs experts into the ears of Nigerian authorities. If anything is sure, judging by the globally understood psychology and predilections of the current xenophobic leader of the US, an unquestioning compliance in respect of any US extradition order, regarding any Nigerian, not just Kashamu, would earn Nigeria nothing but a White House comical laughter and scorn. For a new President whose initial utmost priority lies in replacing inter-racial bridges with divisive fences, extradition compliance, at this point, would be scorned as a desperate action by Nigeria to curry his favour.
The recently published England experience of our Vice President, Professor Yemi Osibajo depicts some great depth of extant negative international perception of Nigeria, which manifested in an open insult heaped on our nation, particularly our judicial system, by an English judge in an open UK court. Surely, to firmly respect, uphold and implement our own laws without sacrificing the welfare and interests of the least significant citizen would go a long way in strengthening our worth in the international circle.
Interestingly, one cannot but find the simultaneous refusal of the US authorities to appeal the UK judgment on Kashamu and their insistence, so far, on his extradition baffling. Is it then not plausible to infer that the supposed fountain of rule of law is trying to get what they failed to achieve legally through the backdoor, probably taking advantage of our seemingly porous willpower and system as a country?
On the whole, the ultimate position taken by the current Nigerian administration of Muhammadu Buhari in the whole Kashamu saga that actually predated its inauguration would tell the world how objective is its rule of law pretensions.

•Olonade is a Lagos-based public affairs analyst.

February 21, 2017
Election debacle as litmus test for Justice Minister
The sudden and painful death of Prince Abubakar Audu, the All Progressives Congress (APC) candidate in last Saturday’s inconclusive election for the gubernatorial seat in Kogi State may have raised constitutional crisis requiring the urgent intervention of the Attorney-General of the Federation and Minister of Justice, Abubakar Malami.

Indeed the unfortunate incident provides the first real test of the capacity of the Attorney-General and may in fact, define the efficacy of his tenure. Since we all want the Attorney-General to succeed as the chief law officer of the federation and since his success in office is by extension the success of the administration, particularly the success of the Bar and the Bench, it is the duty of everyone to rise to the occasion, put all hands on deck and offer quality legal advice on way out of the present constitutional crisis in the land.

Since the news broke, lawyers have expressed different views. The Punch and The Nation newspapers editions of yesterday reflected the divergent views of these lawyers as follows:

Mr. Tayo Oyetibo SAN, was of the view that ‘INEC had to seek serious legal opinion to avert a constitutional crisis, which Audu’s death was capable of bringing up, saying Section 181 of the Constitution does not envisage the situation in Kogi State now and Atiku Abubakar’s case (in Adamawa State) is completely different from the present scenario.

A former President of the Nigerian Bar Association, Mr. Olisa Agbakoba, (SAN), in his own view stated that ‘the law was not clear on the situation that had played out in Kogi State. But, it is commonsensical, if a candidate is dead, it means there is no election’.

Another Senior Advocate of Nigeria, Prof. Yemi Akinseye-George, was also reported to have said that Audu’s running mate would step in as the APC candidate going by the decision of the Atiku’s case, when he was picked as Olusegun Obasanjo’s running mate, after winning the Adamawa State governorship election. He advised that the deputy be allowed to step into his shoes as the candidate to complete the process.

A Lagos-based lawyer, Mr. Jiti Ogunye, aligning his position with that of Prof YemiAkinseye-George, described the situation ‘as dicey, arguing that with Atiku Abubakar’s case, on which the Supreme Court made a pronouncement, Audu’s running mate would automatically step in’.

The undersigned, Wahab Shittu also shares his views that the ‘Kogi State scenario was novel and was not envisaged by the constitution. There are three ways; first is that a new election should be organised since the candidate and the party jointly own the ticket; the second perspective is that since the law allows for substitution of candidate on ground of death, the deputy can step into the shoes of Audu; the last scenario is that INEC should complete the process since it is the APC that contests the election.

Mr. Monday Ubani, former NBA Chairman, Ikeja Branch posited that the INEC should make recourse to the judicial pronouncements in the case of Rotimi Amaechi where the Supreme Court held that ‘in an election, it is the political party that is beneficiary of election and not the candidate’.

Mr. Abayomi Omoyinmi on his part said that ‘in the eyes of the law, the deputy should ordinarily conclude the re-run election for the office of the governor and it is now left for him to pick a new running mate’.

Constitutional lawyer and SAN, Mallam Yusuf Ali, said the situation in kogi State is ‘very complex because the election has been declared in-conclusive’.

Chief Niyi Akintola, SAN, said that the death of Audu cannot nullify the election. He further explained that it is left for the APC to pick another candidate that contested the governorship primaries with Audu or ask the deputy governorship candidate to take over and complete the process of the election. All of these views are eminently expressed but may not have resolved the controversy.

Considering these divergent views as articulated above, there is need for the intervention of the Supreme Court to resolve the issue as a matter of urgency within the next two weeks. Who is to activate the process and by means of what mechanism in order to avert the impending constitutional crisis? This is where the intervention of the Attorney-General of the Federation and Minister of Justice at this stage is of critical significance.

How? This can be effected by activating the jurisdiction of the Supreme Court on reference of questions of law. Section 295(3) of the Constitution provides:

“Where any question as to the interpretation or application of this Constitution arises in any proceedings in the Court of Appeal and the Court is of the opinion that the question involves a substantial question of law, the Court may, and shall, if any party to the proceeding so requests, refer the question to the Supreme Court which shall give its decision upon the question and give such directions to the Court of Appeal as it deems appropriate.”

The justification for invoking jurisdiction on reference of questions of law arises because the electoral process is regulated by the provisions of the constitution and the Electoral Act and so arguably cannot be held to be limited to the construction of just the Electoral Act in which case same would be held incompetent for reference (see Atake v Afejuku (1994) 12 SCNJ 1 at 12). This is founded on the fact that there is no direct authority of the Supreme Court on the situation that has arisen in the Kogi State election debacle wherein a leading aspirant died during the process of the election. This can be contrasted with the ratio in Senator Abraham Adesanya v. President of the Federal Republic of Nigeria & Anor (1981) (2) N.C.L.R. 358 where the court held that once a decision have been given on substantial question of law, the same question cannot be referred to the Supreme Court by way of reference.

The justification for such reference of the constitutional question for interpretation in this case arises from the following:
- A question requiring the interpretation or application of the constitution as arisen bordering on electoral matter, the Electoral Act being an integral part of the constitution or derivable from the constitution.
- The question involves a substantial question of law.
- It is necessary for the question to be determined to avert a constitutional crisis.
It is the firm view of this writer that the Minister of Justice will be engraving his name in letters of gold if he takes this initiative today. Fundamentally also, it will be a worthy course in the service of our jurisprudence by promoting certainty in the law.
November 24, 2015
Litmus test for new INEC boss Yakubu

The Kogi State governorship election holding today is a test case for the new Chairman of the Independent National Electoral Commission, Prof. Mahmud Yakubu. His predecessor, Prof. Attahiru Jega, has raised the bar of credible election in the country. The 2015 general elections, which was acclaimed by international and local observers as free and fair, was conducted under the leadership of Jega. The onus is on Yakubu to improve on Jega’s record or sustains the standard.

As INEC boss, he will be operating under pressure. He faces the challenge of composing himself and sustaining the integrity Jega bestowed on the commission. Interestingly, Yakubu himself has acknowledged that a standard was set by Jega, adding that more would be done under his leadership.

For INEC to come out clean in the conduct of today’s election, it must improve in the area of logistics. It must ensure that the electoral materials and polling officers get to the polling units by 8 am so that accreditation will commence immediately. The necessary arrangements must be made for transportation of the materials and officials. Experience has shown that in previous elections, accreditation started very late in some polling units because of late arrival of voting materials and INEC officials, thus prolonging the electoral process beyond the stipulated hours. The allowance due to ad-hoc officials should be paid to motivate them.

The introduction of Card Reader by the Jega administration enhanced the credibility of the last general election. It eliminated multiple voting and shut out unregistered voters. In spite of its positive contribution, INEC has to improve on the application of this technology through the training or re-training of its ad-hoc officials to ensure smooth accreditation of voters. Many of the INEC officials could not operate the card reader initially but later mastered the technical-know-how.

INEC should improve on the election process by ensuring simultaneous voting once the card reader has authenticated the voter. This will reduce the number of hours that voters spend at polling units. Many accredited voters fail to go back to cast their ballots after accreditation.

The electoral officers should display all voting materials for the electorate, including result sheets, before the commencement of accreditation. Already, the major political parties are trading words over plan to rig the election. The onus is on INEC officials to conduct free and fair election. Once the process is transparent, the results will be acceptable to all parties.

Securing the voting materials and INEC officials is a problem that has not been addressed. There have been cases of voting materials and ballot boxes snatched by thugs under the watch of security operatives, only for the ballot boxes already stuffed with thumb printed ballot papers to re-emerge at the polling units with prepared result sheets. Yakubu’s leadership should liaise with security agencies on how best to secure the polling materials and officials.

November 21, 2015
Customs: Ali’s anti-corruption crusade faces litmus test

The anti-corruption crusade of Comptroller-General of Nigeria Customs Service (NCS), Col Hamed Ali (rtd) is facing litmus test.

Investigation by The Nation revealed that some vehicles were released from the Lagos port about two weeks ago, without due process and stakeholders are waiting to see what Ali will do to those that committed the crime.

The Nigeria Customs Service (NCS), Federal Operation Unit (FOU), Zone ‘A’, Ikeja, Lagos seized 17 vehicles estimated at over N200 million.

The vehicles, investigation revealed, are at the government warehouse in Ikeja.

Will officers, importers and clearing agents involved be sacked or prosecuted as promised by Ali, to boost the anti-corruption campaign of the Federal Government and deter others? This is the question industry watchers, want Ali to answer in the next few weeks.

The vehicles, it was gatherd, were seized by FOU officers, following the busting of a smuggling ring that specialised in importing vehicles through the seaports without paying the necessary duty.

Officers who released the vehicles from the ports are now in trouble.

A source said most of the vehicles, including new 2015 Toyota Camry and Prado, passed through the Lagos ports without paying the 70 per cent duty. They added that the importers and clearing agents declared the cargoes as used cars purportedly manufactured in 2004 and 2005 to deceive the Customs and short-change the Federal Government.

The market value of the Prado Jeep, security sources said, is about N14 million and the importer was expected to pay N6 million duty on it . The importer, it was alleged, paid N1 million to get the vehicles out of the port.

Some of the vehicles, sources alleged, have no Customs paper.

The officers responsible for the release of the vehicles, it was gathered, may be sacked in the spirit of the anti-corruption stance of Ali.

Some of the vehicles, a source said, were released from the port at night to beat security checks.

It was learnt that some of the importers used number plates to beat Customs’ checks on the road. But, unknown to them, Customs officials from the FOU Zone ‘A’ had been monitoring their movement in Lagos for over 10 days before swooping on them.

Its Public Relations Officer (PRO), Mr Uche Ejesieme, confirmed that some new vehicles were intercepted by officers and men of the unit, but refused to mention the number and the value. The Customs headquarters had been briefed, he said.

“The vehicles were intercepted by our officers following a tip-off. We are yet to determine the value of the vehicles because investigation is still on.

“Our controller, Abdul, has urged smugglers in the Southwest to relocate or else they would face the full wrath of the law.

“We have spread our dragnets to the nooks and crannies of our areas of jurisdiction and would not stop at dealing with the menace,” he assured.

Ejesieme, who said the unit was complementing the efforts of other Customs commands in ensuring that there was total compliance with the fiscal policies of the Federal Government on trade, assured genuine and compliant importers of support. He stressed that the unit is committed to boosting legitimate trade in line with global best practice.

Analysts, however, believe that bringing the offenders to book may be the first litmus test of Ali‘s anti-corruption crusade.

During his first official visit to Lagos, last week, Ali vowed to deal with any officer found to engage in shady business at the ports. He promised not only to sack such officers but also ensure they were sent to jail in line with the provisions of the law.

October 20, 2015
INEC’s Card Reader passes litmus test

The Smart Card Readers (SCRs)were used by the Independent National Electoral Commission (INEC) at the weekend for biometric verifications of potential voters and a mock poll. It was without any major hitch. Stakeholders and observers say it has come to stay as an antidote to rigging. RAYMOND MORDI, LEKE SALAUDEEN and MUSA ODOSHIMOKHE take a look at the results from the states and the way forward as enumerated by experts.

After the field testing of Smart Card Readers (SCRs) by the Independent National Electoral Commission (INEC) at the weekend, the verdict was that it was largely successful. Going by reports from the 12 states where it was tested, the machines performed excellently. According to INEC, there are two steps to be followed in the usage of the SCRs. One is authentication; to ascertain that the card was issued by INEC. The implication is that if anybody brings a fake Permanent Voter Card (PVC), the machine will not authenticate or recognise it as INEC’s card. So, the issue of fake cards or clowned PVCs will not arise.

Impressive turnout in Lagos

The Resident Electoral Commissioner (REC) in Lagos, Mr. Akin Orebiyi said: “The next step, after the authentication, is the verification stage, where the bearer of the card will be asked to put his thumb on a particular point on the SCR, to verify whether he or she is the rightful owner of the card. The implication of this is that no person can use another person’s PVC. Impliedly, nobody can be accredited and possibly vote in more than one polling centre.”

The reports were the same from the 12 states chosen across the six geo-political zones by the electoral umpire to test run biometric confirmation of potential voters.

The states are; Lagos, Ekiti, Rivers, Delta, Ebonyi, Anambra, Taraba, Kano, Kebbi, Nasarawa, Niger and Bauchi.

Orebiyi said the mock poll was successful. According to him, there were hitches with few of the machines because the PVCs’ owners’ fingers were wet. The Lagos REC, in a telephone interview, told The Nation that the aim of the test-run was to demonstrate the effectiveness of the SCRs to the public; to demonstrate that PVCs can only be used at the designated polling units. He said that many intending voters, who were not registered in Onigbongbo Ward where the mock poll took place, were rejected by the machines.

Orebiyi said the exercise has proved the efficacy of the new device.

His words: “There was nowhere the battery failed during the exercise. In few instances, where the cards could not be identified by the machines, we used the back-up register to identify the card owner. Those in this category were about five per cent. May be their hands were wet but with the back-up register, we were able to identify them.

“The test-run has given us the opportunity to demonstrate the process for accreditation on election days. We will continue to educate the voters as we have planned to hold town hall meetings in all the 774 local government areas in the state, Orebiyi said.

INEC hailed in Niger

In Niger State, 58 per cent of those who took part were cleared as authentic. The machine rejected the remaining 42 per cent voters.

The National Commissioner for the electoral body, Dr. Chris Iyimoga, said the figures were from the 18 polling units in the ward, which initially had a total of 10,243 persons with PVCs and Temporary Voter Cards (TVCs). Only 1,799 eligible voters, he added, turned up for the exercise out of which 1,045 were authenticated by the SCRs.

The All Progressives Congress (APC) in the state commended INEC for the mock poll, saying the machine was free from abuse. Its Publicity Secretary, Jonathan Vatsa, who observed the exercise, said INEC did a fantastic job, adding that it would knock out the issue of multiple voting.

“The APC is in support of the card reader. This shows that we are moving away from the old age to the new age and that we are moving forward as a nation,” he said.

Minor hitches in Kano

The turnout was impressive in Kano State where stakeholders and described the process as hugely successful.

According to the REC in the state, Alhaji Minkaila Abdullahi, the only challenge facing the Commission is the minor problem of the SCRs not capturing some of the finger prints. This, he said, could be attributed to the texture of individual skin. “So, the machine is reliable for the elections,” Abdullahi said.

“The commission is mindful of the fact that there is need for assessment and that is why the accreditation is now made to take place from 8a.m. to 1 p.m. The outcome of this exercise will determine the acceptability of the card reader machine for the election.”

Era of poll’s fraud over in Bauchi

The verdict in Bauchi, in the view of the REC, Prof. Hamman Saad, after the exercise, was that the era of electoral malpractices was over and that card readers have come to stay. Prof. Saad dismissed ongoing campaigns by some groups and politicians for the rejection of SCRs for the forthcoming general elections.

He maintained that “nothing will further strengthen and deepen democracy in Nigeria better than the use of the card readers.”

No major problem in Delta

The mock verification in Delta State was also largely successful despite minor hitches and poor turnout. The SCRs performed without any major problem at the Niger Mixed Secondary School and Asagba Primary Schools in Asaba, the state capital. Delta State Independent Election Commission (DSIEC) chief, Moses Ogbe, urged Nigerians to give card readers a chance. He stated that the error margins of the device were negligible.

According to him, the electoral body may provide basic facilities at polling units to accommodate those whose fingerprints were dirty and could not be verified by the card readers.

Finger prints rejection in Anambra blamed on dirty fingers

In Anambra State, the REC, Mr. Edwin Offor Nwatarali, explained that many of the rejected finger prints were attributed to greasy or dirty fingers. He said the commission, however, overcame the problem by making the voters wash their hands and cleaning them properly before coming to thumb print.

“The readers were in good shape and would work smoothly. We believe that on the whole, the card will help us to have credible election,” Nwatarali said.

The minor hitches ranged from the inability of the SCRs to identify some fingers and thumb prints and the slow pace of the process. In Niger State for instance, the major grouse was on the time spent on the accreditation of each voter. Many of the participants that took part in the mock polls described the process as “too slow.”

Smooth verifications in Kaduna, Kwara and FCT

INEC National Commissioner supervising Kaduna, Kwara, Niger and the Federal Capital Territory (FCT), Abuja, Dr. Chris Iyimoga, told reporters that the mock verification was smooth except for few hitches with some SCRs which could be due to finger identification.

He said: “In some instances, people cleaned their hands with methylated spirit which has to do with the level of cleanliness of fingers, because, as soon as the fingers are cleaned, you will be through.”

He disclosed that the over 70 per cent of eligible voters in Gwada ward, who initially failed the verification test were identified as eligible voters since the data in the PVC corresponded with theirs and since the machine also identified them as the genuine owners of the PVCs they presented.

In all, with the success recorded during the mock verification, it appears that the PVCs and SCRs have come to stay.

A prospective voter who participated in mock verification in Lagos, Mr. Olakunle Aremu, hailed the introduction of card readers.

He said: “Initially, I was skeptical about the performance of the machines. But, with what I have seen, I am convinced it will work. It took 20 seconds while in some other it took only five seconds to accredit a voter. If the machine can accredit up to three voters in a minute, it will hasten up the accreditation process on the day of election.

“Beside the time reduction in accreditation, the card reader will not allow multiple voting or the use of fake card on the day of election. That will give us a credible poll. Whoever loses will accept his failure in good fate.”

Former Minister of Information, Prince Tony Momoh, also joined the ranks of Nigerians who commended INEC for the success of the mock test of the card reader ahead of the general elections. Momoh said anything that would help to grow the democratic process must be embraced, noting that the success of the card readers test across the country should be applauded.

He said: “If card readers will help to enhance the democratic process, we should accept it. If that will make us to avoid multiple registrations, we should give the benefit of doubt.

“I am very happy about the result of the tested card readers across the country. It will make the election transparent. The card readers will identify the authentic owner of the PVCs. So, I am very happy about the news emanating across the country.”

He said skeptics should embrace the card readers in the spirit of free and fair elections.

There is room for improvement

“At least, the card readers have been tested; wherever any problem comes up, the INEC has put in place means to resolving it. INEC has made provision for the card readers; it should be allowed to work rather than condemning its use. It should be used rather than throwing away the baby with the bath water. Those who say we should use card readers have valued the reason for it.”

Also defending the use of the device, Lagos lawyer Festus Keyamo said the SCRs wil prevent rigging and polls’ manipulation. He urged those opposes to it to retrace their steps and work harder to secure the votes of the electorate in through the right channel instead of nursing dubious ambition of rigging the elections.

He said: “The fear of the Peoples Democratic Party (PDP) and their allied is hinged on the old ways; they want to go back to their old ways of writing and falsifying results. That is why they are afraid of the use of card readers.

His words: “Nigerians will not take that this time around. If anything is done to postpone or truncate the election, we are going to have a mass protest across the country and nobody will stop us.

“Also the plan to remove Prof. Attahiru Jega should be buried. If they do that, there will be a mass protest. Nobody should blackmail us that we protest as a result of injustice. You cannot beat a child and not expect the child to cry.

“If they do that, I am ready to go to jail, just like we went to jail during the Gen Sani Abacha time. INEC must not cave in to PDP pressure; INEC must maintain its sanctity and independence. Whichever way the results go, Nigerians should be ready to accept it. The ruling party must be ready to accept defeat; the opposition must also be ready to accept defeat.”

Erstwhile Governor of Kaduna State, Alhaji Balarabe Musa, said Nigerians will not take excuses, noting that INEC must conduct the March 28 election.

He said: “If the card readers are not working, INEC can do without it. This election must not be postponed again. Any talk about card readers should not be used to postpone these elections. There are speculations that the rescheduled days might be tampered with again but we are saying that we are not ready for any excuse for the postponement of the election.

“There is no reason for INEC not to be ready for the elections. Three weeks is enough time for INEC to address whatever problem that is being noticed. So, INEC must conduct the elections,” he said.

March 9, 2015
Power to appoint VCs; ‘Litmus test’ for varsities

Many universities appear to be finding it difficult managing the power granted them by the Federal Government to appoint their vice chancellors. This seems to have placed a burden on Governing Councils some of which have been accused of misusing the power, reports ADEGUNLE OLUGBAMILA.

It is a power they longed for, but now many universities are finding it difficult to manage the power. In the past one year, crisis has been trailing their use of this power to appoint Vice Chancellor (VCs).

For years, the Academic Staff Union of Universities (ASUU) fought for the right of universities to choose their VCs. President Goodluck Jonathan granted them power on assuming office in 2010, ending the practice of sending the names of three shortlisted candidates to the visitor to pick from.

Can universities sustain this partial autonomy as contained in the University Miscellaneous Provision Act approved by the president in 2013?

Executive Secretary of the National Universities Commission (NUC) Prof Julius Okojie is worried over the universities, capability to cope, but he believes they can pull through. Addressing the 29th edition of the Association of the Vice-Chancellors of Nigerian Universities (AVCNU) meeting held Afe Babalola University in Ado Ekiti, the Ekiti State capital, Okojie said the autonomy has placed a cross on Governing Councils to live up to expectations.

The government, Okojie said, is watching how the councils will henceforth, handle appointment of VCs, which he described as a litmus test.

“They (Councils) can (manage the autonomy)!” Okojie said. “We must realise that it is only the Councils that have the right to approve the VCs’ appointment; it no longer comes from government. The President cannot sack the VC, but it can sack the Council if members are not doing well. But the challenge now is for universities to live up to expectation and manage the autonomy well.”

Okojie said more than before the government will scrutinise the profile of those it appoints into the governing councils of universities and other tertiary institutions. With credible people on board, he is optimistic that the councils will follow due process in appointing VCs accepted by all.

He spoke in light of the crisis that followed the selection of a vice chancellor for the University of Maiduguri (UNIMAID), where the governing council chairman, Alhaji Lawan Bukar Marguba, allegedly unilaterally cancelled the selection of Prof Ibrahim Njodi, who came first with 90.1 per cent. (His closest rival scored 31.5 per cent). The cancellation did not stand.

The Supervising Minister of Education, Chief Nyesom Wike has condemned the ethnic tendencies of some councils in choosing vice chancellors.

When he met with heads and chairmen of boards of tertiary institutions in Abuja, he said any qualified Nigerian could administer tertiary schools, regardless of his or her state or local government of origin.

He said: “There is something that is occurring that if we do not stop now, it will be a problem. On the issue of appointment (communities) are trying to localise appointment of vice chancellors, rectors and provosts. For example in Rivers State, we have the Federal College of Education, Technical, Omoku. You have people from Rivers State who are lecturers; you have people who are not from Rivers state. For Christ sake, it is not a college of education for that community. It is a federal government school but in that community.

“Therefore, it does not mean that if you are from outside the state, you cannot be a provost or rector in that institution. We are not happy about it. And, one has to state clearly, as the government position is that we should stop this idea of localizing this position. We are not saying that those who are qualified from that place and who can compete with their colleagues should not be given. But, this attitude that is coming in now that ‘he is from Rivers, he is from Anambra, he is from Enugu or he is from Sokoto; no, please make sure that our own sons, our own daughter get it’. That is not the essence of sighting institutions in those areas.

He also spoke strongly against unnecessary interference of host communities in the running of tertiary institutions.

“We have even got to a level whereby a traditional ruler is telling you whether a Vice Chancellor is performing or not; whether a rector is performing or not; whether a provost is performing or not. Is that is the question you are supposed to ask? There is nothing wrong in you having a good relationship with your host community. But, a situation whereby the community begins to decide who becomes provost or who becomes rector, it has never happened. And, if we allow that to continue, by the time it gets to a level where nobody can control it, then, we will be in serious problem,” he said.

Wike is worried the problem has become a recurring. In March, he described as unacceptable the insistence of the Nsukka community that the then VC of the University of Nigeria Nsukka (UNN), Prof Bartho Okolo, and the Chairman of Council, Dr Emeka Enejere, should be removed.

At the university’s 43rd convocation, Wike said: “My address would not be complete if I do not make reference to the recent disturbing developments in this university. While I am pleased that peace and normalcy have returned to the university, let me seize this occasion to reiterate that federal institutions should not be seen as the property of the communities or states in which they are situated.”

According to the VC, Federal University, Gashua in Yobe State, Prof Shehu Abdul-Raman, a lot of malpractices work against the governing councils and university autonomy.

“Though Council is now empowered to appoint vice-chancellor, the way it is being handled is not appropriate. We may say that Council is following normal procedure, but there are lots of irregularities, selfishness and money exchanging hands which may not help the autonomy.

“Politics has entered constitution of our council. So we see people even individuals with OND who don’t even know about university administration being appointed council members. We need people that are sound and financially strong enough to support the university. What we have today are Council members chosen because of their political parties’ affiliations.”

Vice Chancellor, Bowen University in Iwo, Osun State, Prof Matthew Ojo said:

“Our own (Bowen) council enjoys 100 autonomy; we don’t have any intervention from the proprietor. We just concluded the process of appointing Registrar and Bursar and there was no interference from anybody.

“But I know in federal universities, the game must be different. More than half the members of Council are political appointees; and this will reflect on the quality of what they do with the autonomy. The Chairman of Council who is appointed by government in most cases is a politician or a political appointee. If the number of council members by government is less than 50 per cent, then we might be getting somewhere,” he said.

Deputy Vice Chancellor and Senior Vice-President Academics & Administration, Adeleke University, Osun State Prof Ibikunle Tijani told The Nation that government it influences the governing councils.

He said the government should end the practice of appointing people into c council for political reward.

“Until government stops the selection of council members on the basis of political or ethnic leaning, such members will never have independence of mind,” he said.

To be completely free of government influence, Chief Afe Babalola, founder, Afe Babalola University Ado-Ekiti (ABUAD), suggests that the government should allow tertiary institutions to choose their councils.

He said: “The process of appointment into Governing Council should be made an exclusive affair of universities. A system should be put in place in which council members will be elected by the university community. This will ensure ability of the council to formulate policies and strategies for the university without undue government influence.

“The most interesting aspect of the composition of the Governing Council relates to the appointment of 12 persons who are supposed to represent a variety of interest. However, what most government at the state and federal levels do is to appoint people based on political considerations. There have been reported cases of Council members requesting either contracts or even cash for members of their constituencies in the belief that they were appointed to serve the interest of the said constituencies and not the institution itself.”

Besides, Babalola said the government also has to stipulate a tenure for council members so they can function properly.

He said: “To allow Council to function, members must be assured of the certainty of their tenure. This entails the immediate composition of Council as and at when required. A situation in which government will fail or refuse to constitute the Governing Council of universities for several months is not one that augurs well for proper administration and accountability.

“Aside that this development is retrogressive; it also discourages Nigerians from accepting service on universities’ Governing Council. Who, afterall, will be willing to accept such appointment when he is likely, before the expiration of his tenure to face the indignity of having the dissolution of Council of which he is a member announced on the media without any prior notice and without even the simplest appreciation of acknowledgement of services rendered by him?”

Chairman, of Lagos State University (LASU) chapter of ASUU Dr Adekunle Idris believes the council will not compromise its position if the quality of membership can be vouched for.

“The law says the minimum qualification is BS.C. But we are not talking about only first degree here but how many among them are administrators? And how many years of administrative experience do they have? For us in ASUU, we have always agitated for individuals such as retired vice-chancellors, professors, registrars and bursars with a rich mix of other distinguished individuals from the private sectors,” he said.

June 19, 2014