The Nation Newspaper

Tag: STATE

  • Registered voters to endorse state creation

    Only registered voters will approve any request for the creation of a new state, according to a Bill for an Act to further alter the constitution and other matters connected therewith 2014.

    The bill, which contained amended sections of the constitution, was adopted by the National Assembly on Wednesday, awaiting the President’s assent.

    Before the amendment, only those in the area requesting states voted without distinguishing the demographic details of people that should participate in a referendum.

    The new alteration now simplifies the relevant section by requiring that only registered voters could vote in a referendum to endorse or reject the request for a state.

    The new provision was endorsed by 28 states, including Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Kebbi, Kogi, Lagos, Nasarawa, Niger, Oyo, Ogun, Ondo, Plateau and Rivers.

    States that rejected the provision included Ekiti, Katsina, Kwara, Osun, Sokoto, Taraba, Yobe and Zamfara.

    Section 8 (1)(b) of “An Act of the National Assembly for the purpose of creating a new state” says that “a proposal for the creation of the state is thereafter approved in a referendum by at least two-thirds majority of the people of the area where the demand for creation of the state originated.”

    Section 8 (1) (c) says: “The result of the referendum is then approved by a simple majority of all the states of the Federation supported by a simple majority of members of the Houses of Assembly.”

    While Section 8(1) (d) says: “The proposal is approved by a resolution passed by two-thirds majority of members of each House of the National Assembly.”

    The amended version, however, states 8(1) (b) “ a proposal for the creation of the state is thereafter approved in a referendum by at least two-thirds majority of the registered voters of the local government council in the area voting at the referendum where the demand for creation of the state originated.

    Section 8(1) c of the amended version says: “The result of the referendum is then approved by a resolution of the state Houses of Assembly of not less than two-thirds majority of all the states of the federation.”

    Also, section 8 (1) d of the amended version says “the approved proposal is passed by a resolution of not less than two-thirds majority of members of each House of the National Assembly.”

  • Our state of chaos

    SIR: Why would a US secretary of state visit Nigeria just to advice us to have a peaceful election and not resort to violence before and after elections? Can Nigerian leaders ever manage our affairs without coaching from the West? How, we have – proved Lord Lugard and P.W Botha time and again that the black man is a burden to the west and that we can’t manage our affairs.

    Crops of leaders over time have taken Nigeria to the Hobbesian era when life supposedly was short, nasty and brutish.

    In Nigeria, some people who as a rule should be named as outlaws in saner climes – are feted and tolerated even when they preach ill will and, call for the break-up of the country.

    These are persons who profit more from unity than many others, but go on a crying jag, to play the script of their backers – by rapturously calling for secession.

    While some of these ones have openly, repudiated and renounced their Nigerian citizenship in their mission to heat up the polity, without evidence of dual citizenship or naturalization elsewhere –  as required by law, the Nigerian state never rises up to the occasion to register their open declaration of statelessness  and expatriate them to a country of their choice.

    In Nigeria it is easy for the civil populace to acquire bombs which they toss at office blocks and court premises but the benefactors and guilty parties are never captured because they are always in the wind.

    Citizens of Nigeria do not feel the impact of governance and have resorted to self help for almost everything. Communities of people these days make provision for security, water and road.

    In this country you hardly see a policeman patrolling our neighbourhoods (streets) daily, presence is always on the highway and major suburban locations, how then do they hope to dominate the environments, get information and burst up criminal gangs? Our security apparatus are yet to get past the ‘reactionary’ tactics for ‘preventive tactics to nip crime in the bud.

    Governments overtime have had to make the Nigerian so undisciplined – that they empty their bowels openly in public because there are no public toilets and bathrooms which should be provided by government as a matter of course: fast food and other eating places, have now seen the need to lock up their chamber pot and make it only accessible to customers.

    This is a country that takes delight in putting her citizens in darkness so good that little children shout ‘UP NEPA’ when there is power supply (which is so infrequent), and when the supply stays beyond particular hours before outage, same children say, “NEPA tried today.”

    This is a country that allows her citizens to be ill-treated by foreigners who should be grateful for our hospitality: some of these non-nationals are citizens of war torn regions where peace is elusive.

    In this country there are no welfare provisions for the masses like urban mass transit scheme to ease transportation and, in states where you once had such privilege, most of these vehicles have all broken down due to lack of experts to maintain the means of transportation procured. Our administrators never plan beyond a year: they love to revel in the ‘now.’

    In Nigeria, Fulani herdsmen whose daily fare is to go on nomadic expedition now know how to use fire power to kill innocent Nigerians. Where they get these trainings to use military capability, buy armaments without fore knowledge by the state remains a mystery.

    Even well-trained members of the armed forces still hone their craft by going to shooting range: but who train and inspire these Fulani and where?

    In Nigeria, some persons interpret the holy book above the constitution of the federal republic.  While countries like Egypt and India support an applied secular state, ours, is in words only.  I am left to wonder which country in the world liberates her citizens by tenaciously setting down religious precepts over constitution.

     

    •Simon Abah,

    Port Harcourt, Rivers State

  • State electoral commissions must be properly constituted

    The issues are:

    (1) WHETHER the Claimant has the locus standi, competence and capacity to maintain this case having regard to the fact that the purported merger between the original Claimants, namely, ACTION CONGRESS OF NIGEIA (ACN), ALL NIGERIA PEOPLE’S PARTY (ANPP) and CONGRESS FOR PROGRESSIVE CHANGE (CPC) admittedly remains inchoate and/or not yet approved by the Independent National Electoral Commission (INEC)

    (2) WHETHER the claim of the Claimant particularly with specific reference to reliefs b, c, d, e, f and g is not statutebarred such that this Honourable Court lacks the jurisdiction to entertain it.

    (3) WHETHER this case is not a gross abuse of Court process having regard to antecedent suits on the same subject matter to wit, Suit Nos. HCL/57/2011, HCL/151m/2012 and HCL/303M/2012 at the instance of the original Claimants and/or predecessors of the present Claimant.

    (4) WHETHER having actively participated and field candidates some of whom won Councillorship seats in the said Local Government Elections in Kogi state on 4th May, 2013, estoppel by conduct operates to defeat the case/claim of the Claimant.

    (5) WHETHER having regards to the supervening developments, this suit is not rendered academic and liable to be struck out.

    (6) WHETHER this Honourable Court can grant reliefs such as reliefs K & L in the Amended Statement of Claim against the interest of persons not parties to this case having regard to the doctrine of fair hearing.

    (7) WHETHER the Claimant has discharged the requisite onus of proof upon it so as to entitle it to the reliefs sought.

    19. Issue No 1 touches on the locus standi, competence and capacity of the claimant to maintain this action. The first attack of Mr.Akubo, SAN, relates to the fact that notwithstanding the claim or assertion of the original three political parties (ACN, ANPP and CPC) to have merged into one party (APC), the evidence of the claimant’s sole witness was still to the effect that the claimants are still independent political parties as Independent National Electoral Commission was still to approve the merger as required by law. He draws attention of the Court to the fact that no certificate of registration of APC was tendered in evidence. It is the contention of the learned senior counsel that the evidence of the sole witness for the claimant impugns on the locus standi, competence and capacity of the claimant to maintain this action. He considers the failure of the claimant to tender the registration certificate of APC as suppression of document. Learned senior counsel also adds that, in so far as the claimant did not participate in the 4th May 2013 local government elections, she lacks the locus standi to maintain this action. He describes the claimant as ‘a busy body and a meddlesome interloper’. He, therefore, urges this court to resolve Issue No 1 in favour of the 1st – 8th defendants by striking out this case, which according to him; is manifestly incompetent. He cites the following authorities amongst others; Bagwai v. Goda (2011) 7NWLR (Pt 1245) 28 at 49; Ogbonna v. Ogbuji (2014) 6NWLR (Pt 10403) 205 at 231. A.G. Lagos State v. Eko Hotels Ltd (2006) 18NWLR (Pt 1011) 278 at 450 Amukamara v. Amukara (2003) 10NWLR (Pt 829) 438 at 447.

    20. Issue No 2 has to do with the application of the provision of section 2(a) of the Public Officers Protection Law CAP III Laws of Northern Nigeria (as applicable to Kogi State) to reliefs b, c, d, e, f, and g of the amended statement of claim. For the avoidance of doubts, the said reliefs challenge the membership of the 4th – 8th defendants of the 3rd defendant, (PDP); the composition of the 3rd defendant by the 1st defendant and the request of the claimant for the nullification of all actions and steps taken by the 3rd defendant with the 4th – 8th defendants as chairman and members of the 3rd defendants. Mr.Akubo, SAN argues that the claimant is barred from bringing an action against the 1st – 8th defendants having waited for almost 5 years before instituting this action. According to him, the claimant was obliged to file the action against the 1st – 8th defendants within three months with effect from 2008, when the cause of action arose. He submits that the failure of the claimant to institute this action within the time stipulated by law is fatal to the action. He, therefore, urges the court to strike out the entire suit. He buttresses his arguments with the following authorities: Egbe v. Adefarasin (1987) ISCNJ 1 at 17 – 18 Ibrahim v. Judicial Service Committee, Kaduna State (1998) 14 NWLR (Pt 584), at 32; Crutech v. Obeten (2011) 15 NWLR (Pt 1271) 588 at 608 – 609; Yaew v. NSW & I.C. (2013) 12 NWLR (Pt 1367) 173 at 19, Hassan v. Aliyu (2010) 17 NWLR (Pt 1223) 619.

    21. Mr.Akubo, SAN, argues issues Nos. 3 and 4 together. His first contention is that this suit constitutes an abuse of the process of this court, having regard to what he calls the existence of “three antecedent suits” on the same subject. In this regard, he refers to Exhibits D1, D2 and D4. Exhibit D1 is the judgment of the Honourable Chief Judge in suit No HC/57/2011, directing the 3rd defendant to fix a date for local government election. Exhibit D2 is Motion HCL/151M/2012 initiating contempt proceedings against the 2ndand the 4th defendants, while Exhibit D4 is Motion HC/303M/2012 seeking for an order of Mandamus to compel the holding of local government elections. Mr.Akubo, SAN, submits that the institution of this suit amounts to gross abuse of court process having regard to the proceedings in Exhibits D1, D2, D3 and D4; and especially, by the fact Isaac E. Ekpa Esq, who endorsed the writ of summons in this case featured prominently in Exhibits D2 and D4. He further stresses that Exhibits D1, D2, and D4 relate to the same subject matter of local government election of Kogi State. Another point raised is that Exhibit D1, the judgment of the Honourable Chief Judge of Kogi State, as well as Exhibit D2, D3, and D4 constitute estoppel by rem judicata. On issue No 4, Mr.Akubo, SAN, argues that by the participation of the original claimants in the 4th May 2013 local government election, the claimant is caught by the principle of estoppel by conduct which will operate to defeat her claim. He refers to Exhibits D6, D7A-M, D8 and D9 which are series of correspondences that transpired between the original claimants and the 3rd and 4th defendants.He urges me to resolve issues No 3 and 4 in favour of the 1st – 8th defendants.He relies on: Opekun v. Sadiq (2003) 2NWLR (Pt 814) 475 at 485 – 486; Saraki v. Kotoye (1992) 9 NWLR (Pt 264) 156 at 188; Harriman v. Harriman (1989) 5 NWLR (Pt 119) 6. Ferdinand Oil Mills Plc v, UBA &Ors(2910) INWLR (Pt 1176) 583 at 598; Alapo v. Agbokerre (2010) 3SCNJ475 at 487; Ojukwu v, Nnoru,a (2000) 1 NWLR (Pt 641) 348 at 359.

    22. On issue No 5, Mr.Akubo, SAN submits that the election sought to be stopped had already taken place and the 4th – 8th defendants left office on 26th February 2014. It is his contention, therefore, that the foregoing circumstances had rendered this suit needlessly academic. He contends further that courts of law don’t engage in academic issues. He cites and relies on: FCDA v. Koripamo-Agary (2010) 14 NWLR (Pt 1213) 364 at 393 at 395; Dkikibo v. Ibuluya (2006) 16 NWLR (Pt 1006) 563 at 580.

    23. The prayers of the claimant for the nullification of the local government election conducted on 4th May 2013 and an order directing the chairmen and councillors elected to vacate their offices form the subject of Mr.Akubo, SAN’s submissions on issue No 6. He submits that this court lacks the jurisdiction to entertain or grant the reliefs. According to him, it is only the Local Government Election Tribunal that is vested with the exclusive jurisdiction to determine whether or not a person is validly elected. He also made the point that the affected elected chairmen and councillors ought to have been made parties and given fair hearing in accordance with the provisions of section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the United Nations Universal Declaration of Human Rights, Article 10 therefore. He also cites the following cases. Olatubosun v, NISER Council (1988) 3NWLR (Pt 80) 25 Buhari v. Yusuf (2003) 14 NWLR (Pt 841) 446 at 516, Obasanjo v. Buhari (2003) 17 NWLR (Pt 850) 510 at 578.

    24. Issue No 7 as formulated by Mr.Akubo, SAN, relates to the question as to whether or not the claimant has discharged the requisite onus of proof upon her as to entitle her to the reliefs sought. He describes the evidence led by the claimant as wishy–washy, grossly deficient and patently groundless. The basis upon which submission  is made includes, according to the learned silk, failure of claimant to tender the letters of appointment of the 4th – 8th defendants, failure to tender INEC documents as well judgments of the Tribunal and Court of Appeal, Abuja pleaded in paragraph 22 of the amended statement of claim. He submits further that failure to tender the said documents justifies the invocation of section 167 (d) of the Evidence Act to deem the documents as unfavourable to the claimant. He describes as speculative and bunches of hearsay evidence, the assertion of the claimant that the 4th defendant participated in the April 2011 general election as a member of PDP. Mr.Akubo, SAN, also argues that bias or likelihood of bias has not been proved against the 4th – 8th defendants as members of the 3rd defendant. He objects to the admissibility of Exhibits P1, P6, P9, P10, P15 and that the documents are devoid of probative value as they were merely dumped on the court. He urges me to believe the evidence of the witness called by the 1st – 8th defendants as, according the learned senior counsel, gave convincing evidence that the 4th May 2013 election was in line with best practices in providing a level playing ground for the political parties that participated in it. On the whole, learned senior counsel urges the court to resolve all the seven issues in favour of the 1st – 8th defendants and dismiss the claims of the claimant.

    The submissions ofEmejeAruwa Esq, learned counsel for the 9th defendant, are not dissimilar from Mr.Akubo, SAN’s. He formulates five issues which discusses the incapacity of the claimant to sue (issue No 1); the locus standi of the claimant to institute the action (issue No 2); the jurisdiction of this court or otherwise to nullify the local government election conducted in Kogi State on the 4th May 2013 (issue No 3); whether or not this suit has been reduced to an academic exercise (issue No 4) and whether or not the claimant has proved her case to entitle herto judgment.

    25. On issues 1 and 2, which he argues together, Mr.Aruwa contends that as at the time the claimant (APC) took over this suit from the erstwhile claimants, i.eACN, ANPP and CPC, she did not possess the requisite power or capacity to institute or take over the action. He refers to paragraphs 1, 4, and 18 of the statement on oath of the claimant’s witness, which he submits suggests that despite the then on-going merger of the three political parties, they still existed as distinct political parties. He refers to Sections 84 and 80 of the Electoral Act 2006 and argues that APC took over this suit prematurely at a time she had no legal status or juristic personality. He relies on the following cases; Emenike v. PDP (2012) 12 NWLR (Pt 1315) 556 at 591 Paras G – H; HSF Co (Nig) Ltd v. Springside Co. Ltd (2010) 44 WRN 63 at 83 35 – 45.

    26. On issues 3 and 4 which relate to the prayers seeking to nullify the local government election conducted on the 4th of May 2013 and a consequential order directing all purported elected local government chairman and councillors to vacate office,Mr.Aruwa submits that this court lacks jurisdiction to make such orders as, according to him, this suit does question both the validity of the appointment of the 4th – 8th defendants and the election of each local government chairmen and councillor, elected into the office vide the election of 4th May 2013. He relies on sections 22(1) (a), (b) and 23(1) of Local Government Elections Law (2004). He also makes the point that the failure of the claimant to join the chairmen and councillors deprives this court the power to make such orders.

    27. In respect of the prayer asking for the nullification of the appointment of the 4th – 8th defendants, Mr.Aruwa submits that the evidence shows that there is evidence before this court of their retirement following the expiration of their term in office. He, therefore, contends that “to foray any further in this suit will be tantamount to engaging in an academic exercise”(P. 14). He cites and relies on INEC v. LSBS (2010) 51 WRN 107 AT 122 lines 25 – 35; Kasimu v. NNPC (2008) 3 NWLR (Pt 1075) 569 T 586 – 587. Muazzam v. Bichi (2010) 12 NQLE (Pt. 1209) 508 at 517, Paras. D. Liasu v. Salau (2012) 2 NWLR (Pt 1283) 162 at 180. Para B and Sijuade v. Oyewole (2012) 11NWLR (Pt 1311) 280 at 304 (Paras C – D).

     

  • State electoral commissions must be properly constituted

    Evidence of Parties

    Alhaji Kashim Mohammed Mabo was the only witness called by the claimant. He adopted his two amended statements of witness on oath in which he affirmed the 4th defendant’s membership of People’s Democratic Party (PDP) i.e. the 9th defendant. According to Cw1, the 4th defendant’s membership of the 9thdefendant would not make him to be fair or be seen to be fair in the discharge of his functions as the chairman of the 3rd defendant. He stated further that if the 4th defendant was allowed to conduct the local government elections,the claimant would be highly prejudiced as he said the 4th defendant, as the chairman of the 3rd defendant, was still attending PDP political meetings both in Kabba and Government House, Lokoja. CW1 attested to the fact that the 4th defendant contested the primary election for the Kogi State House of Assembly held on 4/1/2011 on the platform of PDP (9th defendant). He testified to the fact that the 4th defendant flooded his Kabba/Bunu Local Government Area with posters to contest the said primaries which he lost by scoring only ten votes. Notwithstanding these facts, CW1 stated further that the 4th defendant was still re-appointed the chairman of the 3rd defendant as a way of compensating him. He describes the re-appointment of 4th defendant as irregular and unwarranted. He contends that the composition of the 3rd defendant, headed by the 4th defendant, a card-carrying member of the 9th defendant is unconstitutional, null and void.

    9. CW1 traced the political antecedent of the 5th defendant (Hon. David Apeh) from 1996 to date. He described him as an experienced, old, astute partisan politician and a card carrying member of the 9th defendant. The 5th defendant’s political exploits, according to CW1 included, chairman, Idah Local Government Council in 1996; chairman Ibaji Local Government Council under the Congress for the National Consensus, (CNC); member ANPP; General Manager, Environmental Protection Board of Kogi State (a reward of his political patronage of Prince Abubakar Audu, the first elected Governor of Kogi State); member PDP, where he was again rewarded with a political position as a member, Federal Hospital Management Board until he was appointed member of the 3rd defendant in 2008. He asserted that  the 4th – 8th defendants are members of 9th defendant, who according to him, have interest, inclinations, leanings, preferences and bias for their political associates and therefore, incapable of conducting free and fair elections. CW1 tendered the following documents.

    (1) Kogi State Independent Electoral Commission (SIEC) 2013 Local Government Election Time Table – Exhibit P1.

    (2) Kogi State Independent Electoral Commission Press Release dated 10th April 2012 – Exhibit P2

    (3) Kogi State Independent Electoral Commission Press Briefing dated 18/6/2012 – Exhibit P3

    Minutes of meeting at KOGSIEC held on 24/1/2012 – Exhibit P4

    Minutes of meeting of KOGSIEC held on 10/4/2012 – Exhibit P5

    Document titled; Adjustment of Local Government Council Election Date: A shift from December 8th 2012 – May 4th 2013 – Exhibit P6

    Peoples Democratic Party Result of State House of Assembly Primary Election 2010 – Exhibit P7

    Independent National Electoral Commission Report on PDP Primary for Kabba/Bunu House of Assembly Election dated 7/01/2011 Exhibit P8

    Letter of Resignation of Party Membership by Alhaji Adamu Ahmed Samari – Exhibit P9

    Letter of acceptance of Alhaji Adamu Ahmed’s resignation of Party membership of the 9th defendant dated 30/3/2010 – Exhibit P10

    Notice of Appeal in Motion KG/KK/17m/2013 dated 25th April 2013 – Exhibit P11

    Counter Affidavit of the 1st – 8th Defendants/Respondents dated 20th March 2013 – Exhibit 12.

    Solicitors’ Letter from Ocholi James (SAN) & Associates dated 26th April 2013 – Exhibit P13.

    Certified True Copy of Motion on Notice for interlocutory injunction filed at the Court of Appeal Abuja, No CA/A 197/M/2013c – Exhibit P14.

    Notice of Withdrawal of Party membership of Barr. Abraham Ayo Olaniran dated 6/1/2011 Exhibit P15

    And PDP Letter of Acceptance of Withdrawal of Membership – Exhibit P16.

    10. When cross-examined, Cw1 could not remember the date APC was registered. He, however, insisted that the merger of ACN, CPC and ANPP had materialised and that from the day APC was registered the three parties no longer existed as individual parties. His attention was, however, drawn to paragraph 18 of his 2nd witness statement on oath of 28th October 2013 where he stated that the merger of the three political parties was yet to materialise and that the right and liabilities of the claimants still subsisted. In answer to another question CW1 stated that the original claimants came to court in respect of the 4th May 2013 local government election. He stated further that the parties presented the names of their candidates to KOGSIEC for the election with the hope that the government would be sensitive enough to re-constitute it (KOGSIEC).

    11. At the commencement of the defence, Mr. P.A. Akubo, SAN, learned counsel for the 1st – 8thdefendants applied to tender some documents from the Bar, without any objection from Mr.Ocholi, SAN, learned counsel for the claimant and Mr.EmejeAruwa Esq., learned counsel for the 9th defendant. Other documents were also tendered. The documents are: Certified Trued Copy of Judgment of  Hon. Justice N.A. Ajanah in suit No HCL/57/2011             – Exhibit D1

    From 49 initiating contempt proceedings in  Suit No HCL/57/2011    – Exhibit D2

    Counter Affidavit in opposition to contempt proceedings  dated 25th July 2012                 – Exhibit D3

    Prerogative Writs for orders of Prohibition, Mandams

    AndCertiorari dated 24th October 2012 Motion No HCL/303m/2012     – Exhibit D4

    Kogi State Independent Electoral Commission Results  of May 4th 2013 Local Government Elections           – Exhibit D5

    Letter dated 26th March 2013 from Congress for Progressive Change (CPC) submitting list of candidates  for local government election  -Exhibit D6

    Thirteen Separate Letters dated 28th March 2013 from Action Congress of Nigeria addressed to Chairman, Kogi SIEC

    submitting in respect of Ibaji, Lokoja, Omala, Ofu, Bassa, Yagba West, Igalamela/Odolu, Kabba/Bunu, Ijumu,

    Okene, Yagba East, Olamaboro and Ajaokuta form 002 admitted and marked  -Exhibit D7AM

    Letter dated 25th March 2013 from ACN submitting names of the party’s chairmanship and councillorship candidates to the Chairman, Kogi SIEC with the attached lists.

    -Exhibit D8

    Letter dated 25th March 2013 from ACN submitting names of the Party’s chairmanship and councillorship

    candidates to the Chairman, Kogi SIEC with the

    attached lists                                                      – Exhibit D9

    Mr.Amoka Suberu the 8th defendant gave evidence for the 1st – 8th defendants. He adopted his witness statement on oath dated 4/2/2014 as his evidence. He denied ever being a member of the Peoples’ Democratic Party (PDP) at Lafia/Obessa ward, Okene Local Government Area. He also denied ever contesting election into the House of Assembly in respect of Okeneconstituency or any constituency for that matter under the platform of any political party. He further denied ever having any election case or cases at any election tribunal or Court of Appeal, Abuja as PDP candidate at all.

    12. The 8th defendant was aware that Kogi State Government invested enormous time and resources in order to see that the local government election conducted on4th May, 2013 succeeded. According to him; the 3rd- 8th defendants made adequate preparations to guarantee a free and fair local government election on 4th May, 2013. He stated that the 3rd – 8thdefendants were not interested in who won or which political party would win the election. The interest of the 3rd – 8th defendants,according to him,was to create an enabling environment for equal participation in the process by various political parties and their candidates. The 8th defendant denied the 4th, 5th, 6th and 7thdefendants membership of the 3rddefendant or any political party since becoming chairman and members of the commission.

    13. The original claimants, according to the 8th defendant, actively participated in the 4th May 2013 local government election. He stated further that the original claimants conducted their primaries, screened their various candidates and forwarded lists of their chairmanship and councillorship candidates to the 3rd defendant in respect of the 21 local government areas in Kogi State.

    14. The 8th defendant asserted that his appointment and that of the 4th 5th, 6th and 7th defendants were tenured and as such, none of them can be disqualified from holding offices as chairman and members of the 3rd defendant having not violated the terms of their engagement. He described the local government election of 4th May 2013 as the direct obedience to the judgment delivered on 20th December 2011 by the Chief Judge of Kogi State in suit No HCL/57/2011 (Exhibit D1) directing the 3rd defendant to fix a date for the local government election. He also referred to Motion No HCL/151M/2012 in which Isaac E. Ekpa Esq initiated contempt proceedings and even applied for bench warrant repeatedly against the 2nd – 4thdefendants in this case for failing to conduct local government election as directed in Exhibit D1. He also referred to Exhibit D4 in which the Action Congress of Nigeria, the original 1st claimant, and its chairman sought to compel the 3rd and 4th defendants to conduct local government election in Kogi State by way of judicial review or through prerogative order of Mandamus.

    15. The 8th defendant stated that the present claimant did not sponsor any candidate for the local government election which took place on 4th May 2013. He identified the 4th – 8th defendants as public officers whose appointments were made by the 1st defendant as part of official act in their normal course of duty and that a period of three months had elapsed between the times of the appointment of the 4th – 8th defendants and the time this case was instituted.

    16. When cross-examined by Mr.Aruwa, learned counsel for the 9th defendant, the 8th defendant stated that he was appointed a member of KOGSIEC in November 2008 and by 26th February 2014, other defendants and himself ceased from being members of the 3rd defendant. He described the ascription of membership of a political party to him by the claimant as a mix-up as, according to him, it was his cousin, Hon. AmokaIsah, who contested election into Kogi state House of Assembly in 2007 under the platform of ACN. According to him, his case went before election tribunal and the Court of Appeal. He stated further that it was that same Hon. AmokaIsah who was Special Adviser to Governor Ibrahim Idris, as he later decamped to PDP from ACN. At the 4th may 2013 local government election, which the 8th defendant described as the best election ever held, the 8th defendant stated that he was in-charge of Yagba West, Yagba East and Mopa/Amuro Local Government Areas where ACN and CPC won some councillorship seats.

    17. When cross-examined by Mr. James Ocholi, SAN, learned counsel for the claimant, he stated that he was appointed a member of the 3rd defendant commission on 26th November 2008 for a five-year tenure. In answer to a question, he stated that he did not know when the 4th defendant was appointed the chairman of the 3rd defendant as he said he didn’t go through his letter of appointment. He would also not know if the 4th defendant left office in 2011 to contest primaries in his constituency under the platform of the 9th defendant. In answer to another question, he stated that he left office along with the 4th – 7th defendants and handed over to their successors. He added that between 2008 and 2014, there was never a time the 3rd defendant had an acting chairman but he would not know if the 4th defendant maintained an unbroken chain of tenure as chairman of the 3rd defendant. While denying his membership of PDP, he said he could not speak for other members of the commission. The 9th defendant relied on the evidence of the 8th defendant and therefore called no witness.

    Written Addresses of Learned Counsel for the Defendants

    18. At the end of the oral evidence presented, learned counsel for the parties filed and exchanged written addresses on the order of this court. Mr. P.A. Akubo, SAN, formulates seven issues for determination.

  • Are deductions from state allocation legal?

    Are deductions from state allocation legal?

    All Progressives Congress (APC) governors have demanded a meeting with President Goodluck Jonathan over the cash crisis, which they said is crippling their states, many of which cannot pay salaries. The dwindling allocation to states is said to be, in part, due to certain deductions by the Federal Government. Are the deductions legal? What options are open to the states? JOSEPH JIBUEZE asks.

    Is Nigeria broke? No, says the Federal Government. But to some governors,something is wrong. Allocations are reducing, and they are unable to meet their states’ needs. Many have resorted to borrowing to pay salaries and fund capital projects. Many states are in debt.

    It is for this reason that the All Progressives Congress (APC) governors met in Ilorin, the Kwara State capital, last week and resolved to have an emergency meeting with President Goodluck Jonathan over the crippling cash crisis.

    At the meeting were Governors Abdulfatah Ahmed (Kwara); Rauf Aregbesola (Osun); Abiola Ajimobi (Oyo); Abdulaziz Yari (Zamfara); Rabiu Kwankwaso (Kano); Ibrahim Gaidam (Yobe); Chibuike Amaechi (Rivers) and Rochas Okorocha (Imo).

    The governors were worried that allocation from the Federal purse keeps reducing, even as the central government says the country is not broke. Many states, they said, may not be able to pay their workers.

    Okorocha said the dwindling allocation from Federation Account Allocation Committee (FAAC) has hampered states’ capacity to pay salaries.

    “This has become a very serious concern to us as governors and we felt that issues that affect the lives of our people must never be politicised. We refuse to accept that this nation is broke. I thank God that the Federal Government is not broke, that if the nation is not broke, what is due to states as revenue should be paid to the states.

    “This idea of cutting down what should go to states does not in any way promote democracy and democratic dividends and so we as progressive governors do call on the Federal Government to look into the issue of dwindling resources or convince us as to why the states should not get what is due to them.

    “We do not know why our colleagues in the Peoples Democratic Party (PDP) are not talking of this matter. If they are not talking, it is either they are not affected or somehow they are getting something from the back door, which we do not know.

    “But if that is not the reason, I think the Presidency or the Federal Government should act quickly on the present ugly situation which this terrible condition of dwindling revenue has caused us by making sure that the states get what is due to them at least to pay the basic salaries of the workers.”

     

    Deductions to fund the police

    The APC governors’ complaint is not new. In October last year, they threatened to employ all constitutional means to compel the Federal Government to pay exactly what was due the states. The immediate past Ekiti State Governor, Dr Kayode Fayemi, had said: “We continue to insist that we condemn the illegal and unconstitutional deductions.”

    States were said to have lost 40 per cent of their normal earnings from the FAAC. They argued that based on budgetary benchmarks, oil never sold for anything lower than $115 per barrel, and therefore, there was no basis for the incomplete allocations.

    In March, Lagos State challenged at the Supreme Court the Federal Government’s power to deduct one per cent from the revenue due to all federating units from the Federation Account for the purpose of funding police reforms.

    Lagos said the defendant had been deducting the one percent since October 2013, describing it as unconstitutional and illegal.

    The state asked the Supreme Court “to declare that it is unlawful for the defendant to deduct at source one percent or any other fraction or per cent of the revenue due to Lagos State and its local government councils from the Federation Account under the Allocation Revenue Act for the purpose of funding police reforms or for any other purpose.”

    Lagos also sought a declaration that it “is unlawful for the National Economic Council or any other agency of the federation to authorise, by resolution, decision or consensus, the charge or deduction at source by any authority or person of any part of revenue due to Lagos State Government and its local government councils under the Allocation Revenue Act for the purpose of funding police reforms.”

    The state prayed for an order compelling the defendant “to immediately reverse the unlawful deduction of one percent…and to credit the amounts so far deducted to Lagos State Government with interest at the current Central Bank of Nigeria (CBN) minimum rediscount rate.”

    Governor Babatunde Fashola contended that, as a result of the deduction, insufficient statutory allocation “has reduced the capacity of the state and its local governments to fund their programmes and projects.

    “The police as constituted is an organ of the Federal Government and the constitution does not prescribe a situation where one level of government will impose a financial obligation on another level of government.

    “The National Economic Council has no power under the constitution of Nigeria or under any act of the National Assembly to approve any deduction, appropriation or expenditure from the federation account or statutory allocations due to the states and local governments,” he said.

     

    Fuel subsidy deductions

    The 36 states are challenging at the Supreme Court the Federal Government’s deductions of funds for fuel subsidy and related expenses from crude oil proceeds before making payment into the Federation Account.

    They are unconvinced about the government’s transparency in its handling of proceeds from crude oil sales and urged the apex court to stop the practice.

    The states, in a suit filed by their Attorneys-General, described as “unwholesome and unconstitutional” the practice of deducting “fuel subsidy funds and other expenditure from oil proceeds before it is paid into the Federation Account.”

    They contended that the practice, carried out through the Nigerian National Petroleum Corporation (NNPC), is a means through which the states and local governments are shortchanged.

    The states claimed that the practice has occasioned inaccuracies in the computation of oil revenue remitted to the Federation Account by the government and its agencies and urged the court to abolish the practice.

     

    Sovereign Wealth Fund

    The Excess Crude Account (ECA) was replaced with the Sovereign Wealth Fund (SWF) to manage Nigeria’s excess earnings from crude oil. In other words, the fund would hold the differential in oil revenues above annual benchmark price.

    The Nigerian Sovereign Investment Authority was set up in May 2011 to manage the SWF in the form of Future Generations Fund, Nigeria Infrastructure Fund and Stabilisation Fund.

    Implementation of the Sovereign Wealth Fund began  with an initial fund of $1 billion. President Jonathan assented to the bill setting up the fund on May 27, 2012.

    Governors have opposed the Fund, describing it as illegal, and saying it would deny them the opportunity to have enough money to develop their states.

    A sovereign wealth fund (SWF) is a state-owned investment fund investing in real and financial assets, such as stocks, bonds, real estate, precious metals, or in alternative investments, such as private equity or hedge funds. Sovereign wealth funds invest globally. Most SWFs are funded by revenues from commodity exports or from foreign-exchange reserves held by the Central Bank.

    Analysts say SWFs are typically created when governments have budgetary surpluses and have little or no international debt. It is not always possible or desirable to hold this excess liquidity as money or to channel it into immediate consumption.

    High volatility of resource prices, unpredictability of extraction, and exhaustibility of resources are some of the reasons for creation of SWFs. It may also be economic, or strategic, such as war chests for uncertain times.

    The states are challenging the legality of the Excess Crude Account and the decision to transfer $1bn from the account to the SWF. They sought an order declaring the SWF illegal and unconstitutional.

    When the case came up on September 24, the Supreme Court said it was not ready for hearing. It adjourned till January 26 next year.

    Presiding judge Justice Mahmud Mohammed said the case was not ripe for hearing because vital documents were not in the file. “In order to hear the case, it is necessary for counsels to go to the registry and make sure that all necessary processes were in the file,” Mahmud said.

    The government had challenged the Supreme Court’s jurisdiction to hear the suit, arguing that the matter was not between states and the federation, but a dispute between the states and the government, which it said ought to have been filed before a Federal High Court.

    The states also prayed the court to order that all sums standing to the credit of the Excess Crude Account be paid into court or be secured as the court may deem fit, pending the hearing and determination of the substantive suit.

    The states sought an order compelling the Federal Government to pay into the Federation Account N5.51 trillion being the balance of the money that accrued to the central purse between 2004 and 2007 from crude oil sales, petroleum profits tax and oil royalties.

    The government, however, accused the states of mischief because they allegedly took part in the deliberation of the National Economic Council where the decision to transfer the $1bn from the Excess Crude Account to the SWF was taken.

    But the states insisted that they had shared only the legitimate funds deposited in the Federation Account and not from the funds illegally deposited in the Excess Crude Account.

     

    ‘Nigeria not broke’

    Coordinating Minister for the Economy and Minister of Finance, Dr. Ngozi Okonjo-Iweala, while giving account of her ministry’s stewardship in the last nine months, insisted that all the economic fundamentals remain strong.

    “The country is like a household. There may be periods that your income may shrink because of some unforeseen circumstances and you just adjust.

    “If you were indulging in very expensive food you may tell your children that its time we just manage garri and if you have a spouse that is not working, you tell her please you must go and start a trade.

    “You would not jump out and begin to tell people that your condition is worst and you are dying because you know that it’s a temporary condition. That is the same with a country.

    “We are facing a temporary challenge because of the fluctuation in both price and quantity of oil produced. Yet we are meeting our obligations. We have not got to where we can’t pay our salaries nor are we failing to meet our obligations to our creditors.

    “Our foreign reserve is robust at $39.48 billion as at October 16 and it can finance nine months of import. We are gradually rebuilding our excess crude account, which is at $4.11 billion at the moment and we are working to increase the account.

    “Our Sovereign Wealth Fund today holds investment of $1.55 billion… This is as a result of confidence in our economy, which is today the third destination of foreign direct investment in Africa as a result of the recent rebasing of our economy.”

     

    Are the governors’ claims valid?

    The 2006 United Nations Human Development Index puts Nigeria at 159 of 177 countries, with 70.8 per cent of the population living on less than one dollar a day and 92.4 per cent on less than two dollars a day.

    According to the National Bureau of Statistics, the number of the poor is rising. In 2004, 55 per cent of the people were living in abject poverty. By 2010, this had risen to 61 per cent.

    Corruption has been identified as the country’s major source of poverty.  A former Economic and Financial Crimes Commission (EFCC) Chairman, Nuhu Ribadu, once said more than $380 billion has either been stolen or wasted by leaders since 1960. Nigeria is regularly ranked as one of the most corrupt by graft watchdog, Transparency International.

    A former Minister, Oby Ezekwesili, reckoned that $400 billion of Nigeria’s oil revenue has been stolen or misspent since independence. It is reported that oil is being stolen at a record rate. Some analysts say it is still unclear how much oil Nigeria actually produces. If there were a reliable figure, perhaps the truly horrifying scope of corruption would be exposed.

    To observers, if corruption and wastages are tackled, there will be enough resources to truly transform the country and its citizens.

    This year’s budget is based on a projected $79 per barrel of crude oil. The country has been selling above $100. This, observers say, tends to validate the states’ claim that there is a problem.

    The constitution vests too much power in the Federal Government, giving it wide and imperial powers over other tiers of government. It has been noted that the exclusive Legislative list takes initiatives away from the states, resulting in their dependence on the Federal Government on several issues. There have, therefore, been calls for a reduction or devolution of these powers.

    Former Chairman, Nigerian Bar Association (NBA) Ikeja Branch, Mr Monday Onyekachi Ubani described the governors’ move as “a wise step and a thoughtful process to getting proper information on what is going on in the management of our economy”.

    He added: “It is clearly frightening as most states that are heavily reliant on federal allocation are on the verge of collapse due to their inability to meet basic economic needs like payment of salaries to their workers. Their demand is legitimate and calls for urgent redress to avoid catastrophic backlash on the entire country.

    “If it is true that the Federal Government is making certain deductions from the federation account which is unknown or not disclosed to the other tiers of government, then such deductions are unconstitutional, unlawful and legally redressible.

    “The budget of 2014 was based on a certain bench mark as pertains to the sale of our crude oil. How come we are in deep economic quagmire so soon due to crash in oil price when for a very long time we have experienced boom in crude oil sales in the international market?

    “The reason is not far-fetched. We have as a nation mismanaged our economy based on greed, corruption and outright theft of our resources.

    “Despite bold face denial by the Finance Minister that we are not broke, the truth of the matter is that Nigeria’s economy  presently is not healthy, and when you take into account that election is next year, then be rest assured that more dangerous health issues on the economy will crop up as we match towards 2015.

    “In all these we pray that what we know from facts available should not happen as its consequence is better imagined than experienced,” Ubani said.

    According to the rights activist, it is illegitimate for the Federal Government to make unauthorised deductions from money due the states’ and must be challenged in court.

    “If its true and the Federal Government does not show remorse and repentance, I will advise the state governments especially, those states that cannot meet their financial obligations to file a straight action before the Supreme Court of Nigeria to halt the illegality and to demand the immediate refunds of such illegal deductions into the federation account for a common sharing.

    “They should seek the instruments of law to nip the illegality in the bud. It is the only way out. Another method may be (used advisedly) seeking political solution.

    “The National Assembly that should carry out their oversight function is failing heavily in this regard. How come they are there and the executive is basking and carrying out illegality with impunity as alleged, and they have not spoken or done anything about it? They have certainly failed the citizens.

    “The Federal Government is advised to stop those deductions that are only known to them as that violates the express provision of the Constitution. They can only spend their own money after the sharing.

    “It is unconstitutional for them to dip their hands into the Federation Account and begin to spend the money that is not meant for them alone. It is not only unconstitutional, it violates the spirit of federalism which we preach that we are practising! That is a short- term solution.

    “A long term solution is the entrenchment of fiscal federalism that will enable each state to produce and control their resources while paying certain percentage to the federal government for common good.

    “Until we start to practise true federalism, encourage competitive economic spirit and diversify our economic pursuit as a nation we will continue to suffer what is happening presently and that is the truth!” Ubani said.

    Executive Director, Legal Defence and Assistance Project (LEDAP) Chino Obiagwu

    urged states to be more creative in the management of available resources.

    “The deductions are based on the sliding national income and huge debt portfolio of states. The truth is that some state governors in the last two tenures have been fiscally reckless. Most of the states have borrowed more money from local and foreign creditors than their states can re-pay in 20 years.

    “Rather than save for the future, the governors are creating liabilities for their people.  Rivers State for example has a debt portfolio of nearly $1 billon. So also Lagos, Imo, Benue etc.

    “Recently, Benue State divested it’s investment in a major industrial stock and Rivers wants to dissipate its long-held reserve. These are reckless financial management. The truth is that no business can run for long in borrowed funds without creating its own wealth. Governance is a business.

    “Most of these people that found themselves in government have never run any business successfully and so they don’t understand wealth building. The state governors are not creating wealth at all. They are not empowering their people. All they do is get money monthly and throw around or build elephant projects and wait for the next round of sharing.

    “Unfortunately the state Houses of Assembly that are supposed to be checking on the executive are just mere rubber stamp legislature. The civil society on the other hand has paid most attention to to federal government but there are a lot of rot taking place at state levels,” he said.

    Obiagwu said LEDAP sued 15 state governors to account for the millions of dollars they borrowed from the capital market.

    “None of them has provided any answer. So, since Federal Government is the guarantor of these credits, it’s natural that it will make deductions from state allocations.

    “Another reason for deducting is the dwindling national income. We all know the price of oil is going down and the US has started massive oil production and has not been importing oil. So that affected the crude oil market.

    “We will continue to see slides in national income for a long time to come. So any governor who still sits back and waits for the national cake should think twice. It’s time our state governments started building capacity of their people to create wealth so they can justify the public vote,” Obiagwu said.

     

  • Sultan for state police

    Sultan for state police

    State police campaigners have won a major backing – from the Sultan of Sokoto, Alhaji Saad Abubakar III.

    The leader of Muslims said yesterday:  ”Most state governments, if not all, provide one form of assistance or the other to security agencies; they build or renovate offices for them. The time for the creation of state police is now.’’

    He spoke at the Sokoto State Government House when he paid a Sallah homage to Governor Aliyu Wamakko.

    “The creation of state police would help in addressing the security challenges in parts of the nation,’’ the Sultan said.

    His comment got Wamakko’s endorsement

    The governor said state police would assist in reducing the difficulty being faced by policemen often deployed in states other than theirs.

    “State governments have continued to suffer so much as a result of the security challenge, the security of lives and property will be enhanced if state police is created,’’ Wamakko added.

    Also yesterday the Emir of Katsina, Alhaji Abdulmumini Kabir, urged Nigerians to shun violence during the 2015 general elections.

    He spoke at the Katsina State Government House when he visited Governor Ibrahim Shema, on a Sallah homage.

    Kabir noted that nothing was achieved through violence, hence the need for the people to shun such tendencies.

    He called on politicians to play politics in accordance with the rules and regulations for the development of democracy and the country in general.

    The Emir criticised politicians who instigated the youth to cause mayhem and destroy lives and property for their selfish interests.

    He urged parents to ensure proper upbringing of their children and wards to prevent them from being manipulated by politicians who engage them as thugs.

    He also urged wealthy individuals to complement the governments’ efforts by contributing to the development of education.

    Shema urged the people to shun politics of “bitterness and do-or-die affair”.

    “People should note that leadership is from God as He gives it to whom He pleases at the time He wishes,’’ he said.

    He called on Nigerians to embrace acts that were capable of strengthening the unity of the nation and desist from ethnicity and religious sentiments during the 2015 electioneering campaigns.

    Shema said his administration had accorded education top priority, offered free education at primary and secondary levels and scholarship to students of tertiary institutions at home and abroad.

    He said that the state government would soon inaugurate ICT centres in Katsina to make the youth computer literate in line with the global trend.

    The governor also noted that the government had built more than 340 primary healthcare centres to enhance healthcare delivery.

  • State AGs to adopt custodial sentencing policy

    State AGs to adopt custodial sentencing policy

    The attorneys-general (AGs) of the 36 states have agreed to adopt a non-custodial system as part of their sentencing policies and initiatives in their state.

    It is intended to decongest prisons and improve conditions in line with international standards.

    Under the custodial sentencing policy operating in Lagos State, persons convicted of lesser offences will be sentenced to community service and be allowed to come from home to serve the punishment.

    The decision was at the fore of other issues agreed upon at a round- table conference on “Building a Culture of Pro Bono in Nigeria”, in Lagos.

    The Lagos State Attorney-General and Commissioner for Justice, Mr. Ade Ipaye, briefed reporters at the weekend at the end of a conference organised by the Lagos State Public Interest Law Partnership (LPILP), in collaboration with the Ministry of Justice, Justice Research Institute Ltd and PILnet: the Global Network for Public Interest Law. Ipaye said the body of the Attorneys-General urged judges and magistrates to recognise the importance of according priority status to the cases being handled free of charge (pro bono) and ensure that adjournment time lines are short.

    He lamented that available statistics on the justice system indicated a gap in the justice system.

  • State legislators to seek financial autonomy

    State legislators to seek financial autonomy

    State assembly legislators are regrouping to assert their independence, it was learnt at the weekend.

    This may not be unconnected with the alleged sweeping influence of state governments over  assemblies.

    The legislators unfolded a body, the National Association of State Assembly Legislators (NASAL), in Abuja at the weekend to articulate and enforce the views of the lawmakers.

    The Interim National President of the body,  Mr. Valentine Ayika, said NASAL became necessary to liberate the state assemblies from strong personality leadership to build strong institutions.

    He said state assembly legislators were making a strong statement with the inauguration of NASAL that democratic governance based on the rule of law had come to stay.

    Ayika noted that the body would pursue financial autonomy to state assemblies, especially with the amendment of the 1999 Constitution.

    He said: “Individually, a state assembly can be dealt with, but with an association like this, we can surmount any recklessness of the executive.”

    Ayika said financial autonomy was what the state assemblies needed to be independent.

    He said: “Our salaries are paid by the state governments. It is a fact that he who pays the piper dictates the tune.”

    Asked why the state assemblies rejected the autonomy granted them by the National Assembly during the last amendment of the constitution, Ayika said there was no organisation to articulate the feelings of the assemblies then.

    He added: “If the opportunity comes our way again, I am sure we will grab it.”

    Ayika regretted that only about two state assemblies of the 36 voted to deny state assemblies the opportunity to be financially-independent.

    On the gale of impeachment by state assemblies, he noted that “whatever any state assembly construes as gross misconduct remains gross misconduct until the constitution is amended.”

    Ayika listed the vision of NASAL to include “to unify and build an organisation that can forge a strong bond of collaborative engagement in driving state development in the country and contribute in nation building with enhanced grassroots participation.”

  • Oyo State needs continuity

    SIR: “Ibadan and Oyo State got their names from Wild, Wild, West of the First Republic and that violence continued until recently. I want to commend the governor for ensuring that there is peace in this land and for the development that he has brought to the state. If Oyo State people are appreciative like our people, they will automatically give you a second term”.

    The above was the comment of leading industrialist and elder statesman, Chief Gabriel Igbinedion, about the development in Ibadan at the instance of the present administration in Oyo State, during his recent visit to Oyo State to attend the birthday service organized for him at the University of Ibadan.

    The commendation from the Esama of Benin who is not known for sycophancy shows that the state governor, Senator Isiaka Ajimobi has impacted Oyo State and it will not be misdirected if one adds fillip to Igbinedion’s call for continuity in Oyo State.

    Obviously, this will not be an easy task because Ajimobi is not in the good book of some people in the state due to his comportment. Arguably, he his cultured, corporate, formal and elitist. The fact is that, over the years, culture of impunity reigned supreme in the state. Streets and roadside trading, building on the river channels, dumping of refuse in the streams, drainages and on the road sides, culture of violence among the drivers union were notable features. Ajimobi came and put a full stop to all the above. Definitely, his actions have to draw some people’s ire.

    Going down memory lane, Ibadan, the capital was a heap of refuse before Ajimobi’s coming. In actual fact, it was ridiculed as the dirtiest city in Africa, south of Sahara. That has become something of the past. Also, culture of violence amongst the factions of drivers’ union which led to destruction of lives and property, and which defied all solution has been nipped in the bud by Ajimobi.

    Not only that, insecurity in all nooks and crannies of the state, violent armed robbery incidents which were carried out with impunity and led to loss of lives and closure of banks on many occasions have been arrested. Oyo people could now sleep with their two eye firmly closed. Kudos for this goes to Ajimobi for establishing crime bustling security outfit, Operation Burst.

    In addition, is the urban renewal programme which has led to the building of Mokola flyover, the first in 35 years. Fruits of urban renewal policy include road expansion in major cities in the state. The one under construction in Ogbomoso is unprecedented and has given the city a new face.

    As 2015 elections approach, politicians have started awareness campaign and many have been jostling to challenge the incumbent governor. Obviously, very few of the aspirants are worthy of the task, and the few have been tested and their ability known. Others are parvenu and out to make names for themselves; they are not equal to the task. In other not to throw spanner into the good works of the present administration in the state, Oyo people are implored to heed the Esama calls for continuity beyond 2015.

     

     

    • Adewuyi Adegbite,

    Apake, Ogbomoso.

  • God’s Own State

    God’s Own State

    SIR: I believe it was Sidney N. Bremer that said that “the greatest discovery of this century is not the harnessing of the atom, nor will it be in space exploration; it will be man’s discovery of himself. What matters is not the height you’ve attained sofar in your ladder but if your ladder is leaning on the right wall.

    The greatest ‘oil well’ in Abia State is located in its commercial capital, Aba. That oil well resides in the resilience of the citizens of this great city. Since human capital is the greatest asset of any nation, Aba could become world’s number one city, if its human capital is well-harnessed.

    In my childhood days, while on holiday in Aba, I still remember vividly thedefinition a fellow commuter in a bus gave to the name Aba: the city that people move to in order to grow rich. That definition never left my mind till today. It still stands. My position may appear somewhat strange, if you have visited Aba in recent times, due to the basic infrastructural challenges the city is currently facing. Well, great cities undergo such experience from time to time. Even the great Motor City of America, Detroit, is still recovering from sameexperience.

    The best shoes I have ever worn in my life were made in Aba.. If one out of every 100 persons on the face of planet earth wears made in Aba shoes, do you know that Aba would become tomorrow’s Singapore?

    Aba could move from being the commercial capital of God’s Own State to world’s shoe capital today. But, the Elephant city needs you. What can the Elephant do without its trunks?

    All we need is a change in our mind-set. Remember what Shakespeare said: “There is nothing good or bad, but thinking makes it so”. You can become the opportunity Aba is looking for today.

    Remember: the worst thing you can do is to do nothing. Become the change you want to see! Every nation is great that is greatly led. Singapore sings today because someone wrote their song yesterday.

     

    • Goodluck Ede

    Port Harcourt.