Wednesday, 27 November 2019

ZAMFARA STATE: MELTING THE METAL GREED OF LEGAL ROGUES by SHABA MAFU.


Zamfara State has always been known for its peculiarity. When democracy was restored in Nigeria in 1999, it was Zamfara State that introduced Sharia law as a full-blown legal system in the State defying the secularity of the Nigerian constitution. This was when Alhaji Shetima Yerima was the Governor. The legal system ‘died’ a natural death as rightly predicted by the then President of Nigeria, Chief Olushegun Matthew Aremu Obasanjo. The State has also been ruled most times by the opposition parties of the ANPP and the APC, until the present Governor who came to power of what could be seen as divine intervention. He is of the opposition Peoples Democratic Party, the PDP.
In the run-up to the gubernatorial elections in the State held on March 9, 2019, the then ruling party in the State, the All Progressives Congress (APC) could not conduct acceptable primaries that met the conditions and acceptability of the Electoral Umpire, the Independent National Electoral Commission, (INEC). The candidates produced by the primaries were all rejected by Professor Mahmoud Yakubu-led INEC. Intrigues, court judgments, and counter-judgments reeled out from Nigerian Courts just to ensure that the APC participated in the elections. The party actually participated in the elections by virtue of the Appeal Court ruling. Unfortunately for them, at the end of the exercise, the Supreme Court in its lead judgment by Justice Paul  Adamu Galinji on the 24th May, 2019, held that all the votes cast for the APC during the elections were ‘wasted votes”.  He further declared that all the political parties with the highest second votes in the elections and the required spread are elected into the various elective positions. This was the circumstance that brought the incumbent Governor Bello Matawalle into the exalted position as the Governor of Zamfara State.
When the Governor assumed office, it appeared that the bandits too in Zamfara were all waiting to be equally sworn in to their own offices with him. Zamfara State in no time was besieged with bandits and kidnappers and it appeared there was war in the entire State. The Governor in his dexterity thought of what to do to curb this unacceptable and unprecedented tide of violence and insecurity. In his wits, he proposed and declared amnesty for repentant bandits. The decision was criticized by many. But as a man in the conviction of his own vision, he remained undeterred by the criticisms. Like an esoteric magical wand, no sooner than later after the declared amnesty, the spate of insecurity in the State subsided drastically and dramatically, as bandits voluntarily surrendered and 'submitted' their weapons of destruction to the Amnesty Committee. This was a feat on the side of this Governor.
Some days ago, the immediate past Governor of the State Alhaji Abdulaziz Abubakar Yari wrote a letter to the Governor that his monthly upkeep of N10 Million (Ten Million Naira) and his pensions have not been paid for some time now. The former House of Assembly, when Abdulaziz was the Governor of the State under the APC rule, had passed a bill signed into law that all former Governors and their Deputies, the Speakers, and their Deputies were entitled to some whooping monthly upkeep running into millions of Naira. This was what the former Governor banked upon to write a reminder to the incumbent Governor Matawalle. Yari complaining that since he has left office, he was only paid his monthly N10Million, just twice, that was in the moths of June and July 2019.
In a deft move by the action Governor, he coordinated an assault against this repressive law passed by the previous government. Without any iota of conscience, how could a past Governor be demanding the sum of N10 Million every month for his upkeep, besides his monthly pensions? The present crop of divinely elected or appointed leaders in Zamfara State has abolished this so-called law that was on the side of the legal rogues.  This is the action of a man who has a vision for the common man.  The demand of former Governor Yari is not only selfish and roguish but a dearth of common sense of feeling for a feeble economy such as Zamfara's.
In the first instance, how does Yari want Zamfara State to sustain the dolling out of such an amount of money to someone who ought to be thinking of what further contributions he could make to such a State? How can a State that is struggling to pay its pensioners and workers their entitlements, be equally struggling to service roguish entitlements of past leaders? There are civil servants that have served the government for the statutory thirty-five years whose cumulative pensions are not up to what Yari would earn in a month. If the former Governor is paid N10 Million every month, then in a year he earns N120 Million for grossly doing nothing for the State apart from gallivanting everywhere across the globe brandishing his former status as a former Governor of a poor State. We must commend Governor Matawalle for stopping this metal thievery. What he did is beyond the rudimental and sick politicking in Nigeria. Any right-thinking mind will commend this action irrespective of party affiliation.
We urge other States executing this inordinate illegality to emulate the decision of the incumbent Governor of Zamfara State and stop this executive stealing. More so, the Governors Forum should use that platform to learn from one another. It is not formed to take a common front on how to cheat the governed, for instance, arriving at a consensus on not paying the new minimum wage to workers or their grand plan of becoming Senators after their tenure is ended. Wise and sagacious Governors like Matawalle of Zamfara State and Seyi Makinde of Oyo State are good points of reference for prompt emulation by other Governors. These are men of great coordination and wisdom to rule. The Governors Forum should be a forum to borrow and share sophisticated and helpful ideas for good governance.
Compliments to Governor Matawalle and the current Zamfara State House of Assembly for expeditiously enacting a law abolishing the deliberate waste of State resources. If APC had won Zamfara State this time, such waste could not have been curtailed because of partisan party affiliation and primordial solidarity. More so, the idol of godfatherism would have played a vital part, particularly if Yari was instrumental to the emergence of his successor. The coming of Governor Matawalle and his team was divine from all reckoning so far.

Tuesday, 26 November 2019

BAYELSA ELECTION: IS DR GOODLUCK JONATHAN A CIVILIAN COUP PLOTTER? By Mafu SHABA.


If prophets descended raw from Heaven and told Nigerians, and particularly the Bayelsans that Bayelsa State would be overrun by the opposition political party in the State, the All Progressives Congress, in the November 16, 2019, gubernatorial elections, no one would readily believe. What happened in 2015 when the then ruling party, the Peoples Democratic Party (PDP) was summarily dislodged by the All Peoples Congress in the presidential elections was replicated in Bayelsa state after twenty years of PDP’s holding forth in that State. Coincidentally or is it by fate, Dr. Goodluck Jonathan former Nigerian President was involved in both events either actively or passively.
Dr. Goodluck Jonathan is from Bayelsa State; a strong PDP State since 1999 when democracy was restored to Nigeria. He has been in that party for the past twenty years. It was on this political party that he became the President of Nigeria in 2011. But since 2015, the APC has been ruling at the national level following the defeat of then-President Goodluck Jonathan in the general elections held that year. In 2019, Bayelsa State, the home State of Jonathan has fallen into the hands of the APC as well. So he is primarily breathing in the APC political air wherever he goes in Nigeria, even right in his own state.
On Saturday, November 16, 2019, there was an election in Kogi and Bayelsa States of Nigeria for gubernatorial seats. Both States were won by the APC. More mesmerizing was the defeat of the PDP in Bayelsa State.  Kogi State was hotly contested with all intrigues and alleged violence involved. Summarily, the APC won in Kogi State. The defeat of the PDP in Bayelsa State was more surprising. 
The incumbent Governor, Mr. Seriake Henry Dickson’s name will go down memory lane on how in his time PDP in Bayelsa State fell into the hands of the opposition party just as Dr. Goodluck Jonathan’s name has already been engraved to history as the first civilian President to be defeated by an opposition party in Nigeria’s political history. It was learnt that Bayelsa PDP fell primarily because of the internal wrangling occasioned by the alleged acidic selfishness of the incumbent Governor who like his political counterparts around the country was eyeing the Senatorial seat after he has left office. And that he wanted to single-handedly pick his successor, Duoye Diri, to occupy the Government seat. This selfishness did not obviously go down well with most party leaders.
The stance of the Governor prompted the visit of two former Presidents of the country. They were Chief Olusegun Obasanjo and Dr. Goodluck Jonathan; both former Presidents were produced by the PDP. They visited Seriake Dickson possibly to convince him to drop or adjust his suicidal plans. The Governor allegedly rebuffed the visit of these wise men.  The consequence was the summary defeat of the Governor and his party and the consequent victory of the opposition 
Before the elections, the mother of Dr. Jonathan prayed for the APC candidate, David Lyon. Dr. Jonathan was said to have also told Bayelsans to vote for the candidate of their choice since both candidates of the APC and the PDP were all his ‘children’. This was a subtle way of not endorsing the candidate of the PDP, Duoye Diri. Before the Election Day, it was seen that the APC candidate, Lyon, who is now the Governor-elect was seen in the house of Dr. Jonathan, portending to the fact that the former President has thrown his political weight behind him. In all these, the incumbent Dickson remained irredeemably adamant to all known realities of the possible outcome of the Bayelsa elections. He stuck to his guns like the characteristic Nigerian politicians whose lives are consumed by deadly selfishness. Dickson did not care what the consequences of his actions would cost him and the entire party.  Rather than concede personal egotism, he placed his party on the slaughter slab for deliberate butchering. And butchering they did actually!
Now that the ruling party has lost its ground to the opposition in Bayelsa State, some have begun to point to Dr. Jonathan that he was the one that planned the civilian coup that ousted the PDP in Bayelsa State. I personally disagree with this submission. Jonathan visited Dickson; he humbled himself and respected the office of the Governor by the visit. I am not personally surprised because Jonathan has been known for his humility. The two former presidents tried to remove the log of wood from Seriake’s eyes. But the Governor ordered for more superglue to fasten the bolts of his glaucoma as precipitated by his suicidal selfishness. If Jonathan’s mother prayed for Lyon, she has a right to do so as an elder, a mother, a mother of a national figure.  Dickson downplayed the power of Elders. Many may have been seriously aggrieved for his rebuffing the visits of the former Presidents and hiss grand design to outwit the entire state. This, therefore, led to a protest vote by the Bayelsans.  If PDP had won, it could have been compared with the elongation of the hitherto political dynasty of the Sarakis in Kwara State; but the Bayelsans are not Kwarans The best way to treat pride and obstinacy is to puncture the tube of their survival.
Dr. Jonathan should be left alone; for he is not a civilian coup plotter. All blame should be heaped firmly on the head of Seriake Dickson and all the sycophants who urged him on in his selfishness, as he wanted to turn Bayelsa into his personal estate. I would also want the Nigerian electorates to learn from the people of Bayelsa State that they are well informed and no-nonsense people. It is a big lesson to the greedy; and also to the electorates that in sane climes, sovereignty belongs to the electorates (the People) in a democracy. True leaders are actually followers and not the other way round. Through the instrumentality of the ballot, we should sack any disgraceful and aberrant, self-conceited leaders. Partyism should settle as second fiddles in dealing with political deviants. We should settle for those ready to dispense the dividends of democracy as we elect leaders into political offices.
Finally, if anyone has any grievance against Jonathan concerning the alleged Malabu Oil deal, he should petition the EFCC. As for Bayelsa State, the APC will rule there for a long time.

Tuesday, 10 September 2019

THROWING STONE AT THE SATAN IN THE YAM-EATING SENATOR by SHABA Mafu.


The yearly festival of the Muslims usually culminates in a hajj to (the pilgrimage) to Mecca as not just a fulfillment of one of the cardinal beliefs of that religion, but also to stone the devil in such a celebrated visit. This has been the desire of every Muslim despite the fact that not all could realize this because of the financial cost implications. It does not make one less a Muslim if such one can’t afford to go on a pilgrimage.  One of the things that had interested me most in this pilgrimage experience is the collective resolve to throw stones at Satan. Millions do this. In both the Christian and Muslim religions, Satan and his activities are always denounced because they are an anathema to human existence. While Satan is disdained with passion in the Christian faith, the Muslims go further to show their own morbid hatred  by practically readjusting the brain-setting of Satan every year through the symbolic stoning by millions of Muslim faithful on this recalcitrant Satan. This is a practical lesson for those who align with Satan and his activities in the midst of a decent society such as some of our disgruntled public officials.

Recently, one of the distinguished Nigerian Senators and the longest-serving one in the Nigerian federal Parliament was invited to Germany by the Ibos living there for a festival.  The Ibos are one of the major tribes in Nigeria. The Senator was invited for their new Yam festival celebrations. Ike Ikweremadu, the man in question joyfully accepted the invitation. He practised the dancing steps several times at the backyard of the Senate House for a peculiar display over there in Germany. He may have also conducted more rehearsals during the breaks by the Senate; because it appears the Senators can even meet less than 80 days out of the constitutional 180 days to meet, without anyone holding them to ransom. These are the bourgeoisie in the impoverished Nigerian society who purchase their official cars with 5.5Billion Naira in spite of biting poverty amongst the majority of Nigerians.

Ekweremadu got to Luxemburg - Germany, the venue of the celebration. He waited patiently for the time the traditional Ibo music will rent the air and the exhibition of his practiced display of his imported dance-steps right away from Nigeria. His smiles broadened, reminiscent of the period when the Senators are about to share the booty – the National Cake! As the stage was about to be set for the dance, Ekweremadu treated to the preface of the programme, a programmed slap. He was first confused and tried to figure out whether the Ibos have a mixture of the German culture of introducing a particular ‘ceremonial’ slap in the Yam festival. While musing on the sudden development, another slap from the opposite direction greeted his fleshy cheeks. He knew that what was about to befall him was an introduction to a hellish treatment. Before he could think out an escape route, he was drenched in a rain of foreign blessings of German-customised blows wrenched out viciously by the foofoo-powered muscles of the IPOB members. The Senator turned round as to sample who might be sympathetic of his newly-found predicament. He saw everyone with clenched teeth of no mercy. He quickly remembered his athletic skills when he was in secondary school. He ran like a wild hog. At this time, he knew that the yam he was invited to come and eat will never be served, but even if served, he would be left with no tooth to masticate the memorial yam celebrated in strange blows.

Ekweremadu attempted to run to safety. But being that he was not familiar with the terrain, he hit brick walls. If this beating was in the Senate chambers, he knew every corner where he would maneuver to the chagrin of his assailants. But this time around, he was beaten to the game. More blows rammed his head, not actually knowing when and where the next blow would fall. It is said that when the need to run had not come to a woman with a massive backyard, she would think she is highly gifted. The gift becomes a curse if she is not able to maneuver for escape in trying times. The Senator forgot his chieftaincy title and his distinguished personality of a Senator on which he rode to swagger into the venue of the ceremony. His pontification soon faded to vanity when it was dawn on him that serious troubles awaited him... He flung away his walking stick and ran like a conventional mad man escaping from traditional flogging. He was “stoned” like Satan in Germany by his own people.


While this action is roundly condemnable because there are civilized ways of addressing grievances by not humiliating ourselves in the open glare of the international community but a lesson has been drawn from the action. But like stoning the Satan we need to also glean some lessons from the Acts of Ibos in Germany on the visit of Ekweremadu, the “I Yam that I Yam”. The lesson to others in authorities is that leadership is wholly about responsibility and accountability, and not by deliberate social segregation between the haves and the have-nots when elected to power. The Nigerian Senators are said to collect a whopping monthly salary of 13.5Million Naira. This is an organized and legitimized corruption especially in a society where even Master’s Degree holder would be offered a job of paltry N50,000 monthly salaries with stringent conditions of service. The constituency votes, funds allocated for the development of geo-political delineations which runs into millions of Naira never translate to any developmental projects of any constituencies. Some few years ago, a Local Government Councillor commissioned one electric pole in his community with millions of Naira budgeted for that sick project.  A governor launched Wheel Barrows for his citizens as part of alleviating poverty programme. Recently a Councilor from Ondo State commissioned four motor tyres. This is all they can do with public funds.  An audit to these kinds of projects would reveal that millions of Naira have already been sunk into such a ‘project’. This is the level of decay and grand corruption on the political scenario in Nigeria encouraged by the so-called law-makers.

Ekwemadu’s Germany-treatment is just a foundation-laying legacy of how these public officers would be beaten and stoned as they do to Satan, in coming days. The beating has started and I wished that the lesson learnt from Ekweremadu’s treatment by the malevolent IPOB members will go a long way in addressing the decay and lack of accountability of Nigerian public officers. If these money-bag politicians are treated to legal action, they have the means and ability to bail out themselves especially if they, fortunately, come across a corrupt Judge like them. In the interim, Ekweremadu’s treatment might be the immediate potent solution to the thieving officials.

Sunday, 25 August 2019

IKE IKWEREMADU, THE YAM AND HIS BEATING by SHABA Mafu

The Country of many events including the beating of a Senator in far away Germany because of yam. Funny, not so!
Many more stories coming your way soon. Thanks for your reading patronage, and your earnest patience in waiting while the blogger was engaged.

Saturday, 22 June 2019

EDO STATE POLITICS OF THE “HE-GOAT AND THE COCOYAM” by SHABA Mafu.


Politicking in Nigeria is not a profession. It is for those with wits; those who can compromise with ultimate personal interest in view, even sometimes to the detriment and betrayal of their political party on which they rode to their positions. Examples of such politicians are former Senate President, Dr. Bukola Saraki, Alhaji Atiku Abubakar, and a host of all grand party-hoppers. Those who are regarded as godfathers are in other words referred to as the King-Makers in the official language of politics. The 2019 general elections with the preceding campaigns and (exaggerated) promises of politicians are now over. The battle for ascendancy to different political positions has been fought, won and lost. It is time for action. It is time for the electorates to begin to enjoy the dividends of democracy. In Nigeria, the opposite is usually the case. It is now rather time the electorates are treated to isolation, deliberate marginalization, pauperization, social segregation and worst of all shameful embarrassments. The last ‘dividend’ is our point of consideration in this discourse, as it relates to the political game currently playing out in the Edo State House of Assembly.
 Governor Godwin Obaseki is a core civil servant and not a politician by calling, at least not the Nigerian type. He may have crafted his own style of politicking or followed those who are more experienced politicians and with childlike observation vis-a vis the way the game is played. It is not out of place for him to sample the game theory of late politician Tony  Anenih, the celebrated and very subtle politician of Edo State.
Governor Godwin Obaseki is testing the waters formally in the role he is masterminding in the inauguration of the current Edo State House of Assembly. How far he can go with his scheming will be determined on which side he falls by the time the Chairman of his party, the All Progressives Congress Party, the radical and vibrant Adams Oshiomole would bare his fangs on the activities of the innocent-looking, but jacobic Obaseki.
On Monday., 17th of June, 2019, the Edo state House of Assembly was inaugurated. This was preceded by the letter of proclamation sent to the Clerk of the House , Alhaji Audu Omogbai, by the Edo State Governor as required by the law.   The Clerk consequently ushered in members-elect into the chambers for the official legislative business to commence. The Speaker of the House of Assembly was quickly elected with only 9 members out of the 24 members present during the inauguration and the election into principal offices. Frank Okiye of Esan North-East constituency, was elected the new Speaker while Yekini Idiaye of Akoko-Edo Constituency 1 was elected the Deputy Speaker.
It was reliably gathered that the 9 legislators who attended the ceremony were those loyal to the Governor. The process of the inauguration and election was as clandestine as it was funny. The new speaker was said to be only on his shorts in the hallowed Chambers for the events, showing he was not prepared for the rapture-like elections. He is a “short-kneeker Speaker” of the Edo State House of Assembly.
The questions begging for answers are: why is this kind of garrison approach to electing key officers into hallowed chambers of the legislature in a democratic society? What happened to the other 15 lawmakers sidelined? What is Governor Obaseki set to achieve by dividing a legislature that is exclusively an APC House? Why the haste typical of political brigandage of the highest order in conducting nocturnal election in a coven? Governor Obaseki has something very strange up his sleeves, no doubt.
This game is a similar version of what played out in the 2015 election of Nigeria Governors Forum where the former President Goodluck Jonathan was very comfortable with the victory of Jonah Jang , the then Governor of Plateau State who scored 16 votes against Governor Rotimi Amaechi of Rivers  State who polled 19 votes in same election. Amazingly, both the Governors were from the then ruling party, the Peoples Democratic Party (PDP). When 16 was favourably greater than 19 in PDP’s  arithmetic, and very suitable to President Jonathan because of his personal interest on the matter as represented by Jonah Jang, little did they know that the consequence of their action was their loss of the presidency to the then opposition party, the All Progressives Congress. Five of the Governors defected from the ruling PDP to the APC prior to the 2015 general elections. This was the huge rock that broke PDP’s back in 2015 elections. They lost the elections
In the case of Edo State, Governor Obaseki has been openly fraternizing with PDP H
heavyweights in Edo Sate, amongst whom is the celebrated Igbinedion. The moves Governor Obaseki is making so far is clear enough that he is preparing his way for defection to the PDP because his relevance in APC is dwindling fast like the impatient harmattan fire. His days in APC are numbered as Adams Oshiomole, the APC Chairman, might burst his testes any moment from now with unequalled vendetta and a turbulent blow.
If Governor Godwin Obaseki is not checked right now, his romance with the opposition party sets his relationship with the APC like the friendship between the he-goat and the cocoyam. While the he-goat was pretending to be friends with the cocoyam, it was at the same time scheming how the cocoyam will graciously end in his stomach one day. Obaseki will swallow APC and convert all stalwarts of the party to the PDP to win his second term easily. If the APC is not fast enough, it would become a weak opposition very soon, struggling for survival from no other place but from the belly of the very clever Godwin Obaseki.

Monday, 17 June 2019

A KINGDOM WHERE WILD ANIMALS HAVE BANK ACCOUNTS by SHABA Mafu.


The animal Kingdom has been birthed among the citizens in Nigeria. It is a new kingdom where strange things happen.  A novel idea of those neck-deep in corruption has been crafted, such that best exists in fairy tales. The mysterious attachment to this new-found trade is chilling. In George Orwell’s ANIMAL FARM which was first published as far back as 17th August, 1945, the main characters of that book were never figured as interacting with money, not much even as having Bank Accounts. Napoleon and Snowball, and the ever-compliant hardworking Boxer, with Moses were not as inventive as the Nigerian animals of the present time. The Russian animals did not have poisoned brains like those Nigerian animals which swallow money with great ease of taste.
The creation of this novel Kingdom was first witnessed in the present government of President Buhari when men must devise every means to cheat on the society to survive.  In Benue State, the sum of N36Million was said to have been swallowed by a snake. The money was the proceeds from the sales of the Joint Admissions Matriculation Board’s (JAMB) scratch cards. Following the innovation brought by the Head of that Body, Professor Is-haq Olarewaju Oloyede, stopping the regime of the use of scratch cards, directed the reconciliation of Account of JAMB in the previous sales of the cards. But In Makurdi, Benue State of Nigeria, some employees of JAMB reportedly connived with a snake to defraud the parastatal of the hitherto said sum. In an enquiry into the whereabouts of this huge sum of money, a JAMB clerk named Philomina Chieshe could not account for it. In her watery defence when questioned, the said Chieshe accused her housemaid of connivance with another JAMB staff, a colleague of hers, Joan Asen of stealing the money through spiritual means. It was a mammoth mysterious snake employed to swallow the money. The Snake must have been told the location of the office where the money was kept and patiently swallowed the dry papers (currency) to the tune of N36Million. and conveniently glided away to base, like the ancient serpent that occasioned Eve’s fall.
When the snake came to the office, it did not swallow the conspicuous Attendance Register. The office files were left untouched but in its ancient spiritual wisdom it easily identified the naira notes and carefully swallowed the neatly arranged piles of notes in a way they could be vomited for use when prompted.
In a similar angle, few months after the Snake episode in Benue State, it appeared the news of the N36Million spread among the Animal Kingdom like harmattan fire. This time it was the turn of the gorillas, the same family with the monkeys and the chimpanzees. But in strict comparism, it appeared the snake with its natural subtlety was defter in stealing higher volumes of notes than the amateurish gorilla. In Kano State of Nigeria, a gorilla was alleged to have swallowed N6.8Million. This time around, the animal stole this money in his ‘natural’ habitat, the zoo. So, it was easier since it must be a familiar terrain. The Kano Zoological Gardens lost this money to the gorilla during the recent Sallah break. The gorilla positioned himself strategically to ensure that the gate fees paid by the tourists to the zoo were quickly swallowed before the humans would restrict him, after all, he can’t be in the zoo and would not display some traits of the animals he is cohabiting with, particularly in the lifestyle of grand corruption.
The gorilla swallowed N6.8Million, while the snake swallowed N36Million. So these animals in the new.ly established Animal Kingdom have swallowed a cumulative sum of N42.8Million within a year. I hope very soon, animals will not take over as Directors of these government parastatals while the humans become the subordinates – the reign of penetrative and overwhelming corruption!
I personally urge the government of Kano State to thoroughly investigate the case of the theft in the zoo by the gorilla and get the identity of this gorilla. The gorilla must have been on the payroll of the State government with the common Identity card of the Staff of the Kano Zoological Gardens. The gorilla must have an accommodation in the zoo of the corrupt and needs to be fished out. This animal has several huge Bank Accounts that normal humans  may not boast of. They must all be traced by his Bank Verification Number. Much money must have been swallowed by this gorilla and its offspring in the office, besides the one discovered.
As for the N36Million swallowed by the Snake, JAMB should get the snake arrested and a surgical operation performed on it by the glittering surgical knife of the Economic and Financial Crimes Commission. It should be taught an eternal lesson that snakes have no business with humans, not to talk more of swallowing money kept in the offices of government establishments. When has snakes begun spending money in the Animal kingdom? Since the clerk, Chieshe and Joan Asen are identifiable by their names, the snake (their accomplice) can be identifiable as well.. The trio should be subjected to unhindered investigation. Let the Bank Account of the Snake be thoroughly scrutinized, while the stolen funds be permanently forfeited and returned to JAMB. The accomplices of the snake, as well as the snake itself, must face prosecution. I am very convinced that Chiese should know where the snake lives. They must have had several meals together as a syndicate.
If this dirty and shameful trend is not nipped in the bud by a decisive action of the government, in no time mysterious rabbits, squirrels, antelopes, frogs, hawks, even earthworms will soon invade federal establishments swallowing millions of Naira. What is currently in Nigeria could have been best told in fairy tales; and when they are being told, inquisitive children would even ask with all mustered curiosity of how animals could cheaply swallow dry papers in volumes of millions. Unfortunately, this is not a fairy tale. It is the reality in Nigeria. What a shame to a people who have no dint of conscience remaining in them in the discharge of national duty!

Thursday, 13 June 2019

JUNE 12 MEMORIAL: THE BUILDING OF A POLITICAL ALTAR IN NIGERIA by SHABA Mafu.

The 1993 Election Monitoring Body, the National Electoral Commission (NEC) headed by Professor Humphrey Nwosu had registered many political parties in his wisdom to let loose the democratic space for the ever bubbling Nigerian populace who were very active in politics and politicking to freely decide their political future. But the then Head of State, General Ibrahim Badamosi Babangida who has primed and prided himself as the ‘Evil Genius’ had another agenda in mind. He collapsed the political parties into two by fiat. The two parties were obviously divided, and intended along ethnic lines or regional lines, but his scheming failed in that wise. The two parties were the Social Democratic Party with Chief Moshood Kashimawo Olawale Abiola, popularly known as MKO, as the presidential candidate, while Ambassador Babagana Kingibe was his running mate. The other party, the National Republican convention (NRC), ordinarily viewed as having a northern connotation had the hitherto unknown and politically-amateur Alhaji  Bashir Tofa as its presidential candidate.
The campaigns went on with all zeal and zest. The enthusiasm to boot out the military rule was ubiquitous in the minds of most Nigerians at the time. Chief MKO Abiola – a muslim from the South West Nigeria, a philanthropist, was the presidential candidate of the Social Democratic Party. Ambassador Kingibe was also a muslim from the Northern extraction. It was a muslim-muslim ticket for the SDP. Nobody whipped up religious or ethnic sentiments in the 1993 general elections because of the common desire to end the military misrule in Nigeria. The electorates voted massively, enthusiastically and unreservedly. The election was adjudged the best election ever conducted in Nigeria. The election took place on June 12, 1993. Abiola polled 8,341,309 votes (58.36%), while Tofa polled 5, 952,087 (41.64%) - that was the result that was never officially declared by NEC.
As Nigerians waited eagerly for the results to roll out drums for the celebrations, the enemy of democracy, like the Biblical Haman concocted some evil plot to ensure that the joy of Nigerians was broken. One Arthur Nzeribe formed a group called the Association  for Better Nigeria (ABN) and went to Court to obtain an injunction restraining  the NEC from continuing the announcements of the election results. In collaboration with the political murderer, General Babangida, in his greatest display of hypocrisy complied with the Court injunction as ordered by late Justice Bassey Ikpeme. Babangida unilaterally stopped further announcements of results by NEC, and annulled the entire elections on the 23rd of June, 1993. This evil act sparked spontaneous and unilateral protests all over the country, until the government began to import ethnic colourations to the entire phenomenon. To perpetrate the struggle, some eminent Nigerians formed a political pressure group. This was basically to actualize the June 12 election and to swear-in the winner, Chief MKO Abiola as the elected President of Nigeria. The pressure group was known as the National Democratic Coaltion (NADECO). The frontiers of that group was late Chief Anthony Enahoro, late Abraham Adesanya, late Chief Bola Ige, Ayo Adebanjo, Ayo Opadokun, Admiral Babatunde Elegbede, Polycap Nwite, Asiwaju Ahmed Tinubu, Chief Odigie Oyegun, Chief Olu Falae, Toyin Onagoruwa, Kudirat Abiola, among other great Nigerians.
General Babangida did all within his powers to puncture the intents of NADECO by bringing in Chief Ernest Shonekan, a man from the same ethnic extraction of Abiola. He came to power as the leader of an interim government from 26th August 1993 to November 17, 1993. General Sani Abacha (late ) overthrew the government of Shonekan on November 17, 1998. The looter and political scoundrel in the person of Abacha consolidated the annulment of the June 12 elections, by hurling Chief MKO Abiola into prison and making sure he drove most of the NADECO members into exile.. Abacha eventually died on the 8th of June, 1998, while Abiola followed him closely on the 7th July 1998.
General Abdulsalam Abubakar came up, and in collaboration with other politically exposed people brought General Olushegun Obasanjo (retd) who was hitherto hurled into prison by Abacha, for alleged treasonable offence, in 1995 to contest in the 1999 general elections. Obasanjo contested the presidential elections under the Peoples Democratic Party (PDP) and won. From General Obasanjo through Alhaji Yar Adua (of blessed memory) to Dr. Goodluck Jonathan, the PDP enjoyed sixteen unbroken years of rulership of Nigeria. Unfortunately, none of these presidents who rode on Abiola’s back to become what they were, was ever comfortable when Abiola’s name was mentioned. They all stuck to May 29th, a day that has no historical value and significance in Nigeria’s political history.  They all refused to acknowledge June 12 as the authentic Democracy Day. A day democracy was buried alive in Nigeria by General Babangida.
But like the thunderbolt from the blues, the government of President Muhammadu Buhari, a man from the Northern extraction, first apologized to the family of late Chief MKO Abiola for the injustice done to the late man and his family by the State. The apology was extended to Nigerians who voted overwhelmingly but had their hopes dashed. General Babangida who annulled the elections is still alive and never showed any remorse till eternity. General Obasanjo, the primary beneficiary of the struggles of Chief MKO still hated Abiola’s struggles till now. President Buhari did not stop at apologizing for the crime he did not commit, he went further to declare JUNE 12 every year as the DEMOCRACY DAY in Nigeria. This is a very correct move and must be applauded by all. This is practically bridge-building, manifest national-healing, and political sagacity from a man unprovokedly  hated by some Nigerians.. President Buhari took a further step to rename the Abuja national Stadium after Abiola. It is to be known and called as MKO ABIOLA STADIUM, from henceforth. Die-hard critics of Buhari like Reno Omokri, a very fine gentleman, and Femi-Fani Kayode, a young brilliant writer hailed this singular move by President Buhari.
I am not surprised to see people like the self-righteous Chief Obasanjo and the Atiku taking ill by this great move of President Buhari.
The declaration of June 12 as Democracy Day with particular recognition of Chief MKO Abiola is like erecting a political altar of eternal memorial in the politics of Nigeria. The recognition of June 12 is not only for late Chief MKO, but an implied recognition of all lovers and fighters for democracy especially in the dark days of Generals Babangida and late General Sani Abacha. People like the erudite Professor Wole Soyika, all NADECO members (dead, and living) are all by this singular action of the APC government and Buhari, honoured to the Heavens.
Never again should Nigerians allow such political profligacy, impunity and greed as exercised by Babangida, Arthur Nzeribe, Sani Abacha and all traducers to repeat itself in the political experiment of Nigeria. Nigeria is greater than any individual, and must so be upheld.
I stand unequivocally with President Buhari and the APC government in recognizing the June 12. I also stand with those who were massacred by the Armoured Tanks of IBB as a result of their protests and struggles for the actualization of the June 12, 1993 elections. Their deaths are not in vain. To me, on June 12 we stand as the federal government is poised to scrap May 29th as a public holiday and replaces it with June 12 which shall be observed as a public holiday henceforth.

Friday, 10 May 2019

THE OSUN STATE GOVERNORSHIP ELECTION ADJUDICATION PROCESSES AND THE ACT OF DANCING IN TURNS by SHABA Mafu


His customized cap hung firmly on his head with accustomed ease. He moved his strong bones with the flexibility of a woman in his dancing spree. It was time for jubilation over the electoral victory at the tribunal. This is the dancing Senator, Ademola Adeleke. He won the victory of the electoral tussle at the tribunal sitting in Osogbo which delivered judgment in his favour on the 22nd of March, 2019. But to the utmost chagrin of the jubilant Senator, he did not know that joy has a slender body that breaks too soon. This is the present status of his political travail.
The Osun State gubernatorial election was conducted by the Independent National Electoral Commission (INEC) in Osun State on the 22nd of September, 2018. The election was won by Adegboyega Oyetola of the All Progressives Congress (APC), as declared by the electoral Umpire, the INEC.  The result was flatly rejected by the governorship candidate, Senator Ademola Adeleke and his political party, the Peoples Democratic Party. They cited irregularities and outright connivance of the electoral Body with the governing APC at the elections. In the elections, Ademola claimed he won the first round before INEC declared it inconclusive and ordered a supplementary election in the seventeen Units cancelled polls. This took place on the 27th of September, 2018. Consequently, the results of the re-run election added to the first round, produced the APC candidate, now the Governor as the winner of the election.
Ademola and the PDP gravely dissatisfied, headed for the tribunal. The Governorship Election Petition Tribunal awarded victory to Senator Ademola and the PDP in its ruling. They cited that there was no need for the re-run elections that held after the first round of elections, and therefore nullified all the results from the 27 polling units where the re-run was conducted. On the strength of this judgment,  Ademola was declared the winner of the election. Expectedly, he dusted more of his caps in anticipation of resumption of duty as the Governor of the great State of Osun.
Ademola himself, his supporters and his political party, the PDP rolled out drums on the streets of the ancient but glorious streets of Osun State. Senator Ademola went berserk as he temporarily forgot his esteemed status in the society being a distinguished Senator of a great country called Nigeria. He twisted his heavy trunk with the ease of a regular drunkard in the village. He laughed and smiled alternately with the entire mandibles at the mercy of the scorching sun. His hands and legs moved perfectly to the rhythm of the music as his rotund stomach was not left out of this magical twist. He exuded joy! Of the truth, Senator Ademola Adeleke is a very good dancer who knows how to express moments of joy within reasonable limit.
The newly sworn Governor, Adetogboyega Oyetola must have withdrawn to his cyst because of the shock of the tribunal judgment on the election. His eyes must have welled up with tears as he would soon pack home from the office already adorned with his official pictures neatly carved with sophisticated artistry. But his party, the APC vowed to challenge the judgment of the Tribunal at the Appeal court. Off they went. It was the antidote that punctured his swelling emotions.
On Thursday, 9th May, 2019, the Appeal Court sitting in Abuja in a 4-1 Panel judgment repealed the judgment of the Tribunal.  They cited that the absence of Justice Obiora at the Tribunal on the 6th February, 2019, who eventually read the lead judgment of the tribunal, was an aberration and therefore held that his absence alone nullifies the entire proceeding of the case. The Appeal Court also held that the nullifying of the 27th September, 2018 supplementary election was wrong. It  also pointed to  the tribunal that the absence of the records of usage of ballot papers and other details on Form EC8A, the result sheets in 17 polling Units where the polls were cancelled by the Tribunal was not an issue of non-compliance that should warrant the deductions of votes polled by the APC and the PDP in those Units. The Appeal Court on these grounds declared the judgment of the Tribunal as a nullity while ceding the victory to the incumbent Governor Oyetola Gboyega.
Oyetola, in the circumstance rolled out his drums in his area of major influence in the State. It was the turn of APC, the supporters and the Governor to dance. At the Tribunal level, PDP and Ademola danced. At the Appeal Court level, the baton of dancing was handed to APC and Oyetola. It is turn by turn at each stage. Yes! that is the style of Nigerian judicial system. No uniform outlook on matters like this. The Electoral Act is probably only to conduct elections. Subsequent issues arising thereafter are left to the power of argument and citations of the lawyers and the discretion of the Judges at different levels of adjudication.
PDP has danced. APC is presently dancing. It is a common saying that “he who laughs last, laughs best”. In this case, who danced last, would dance best. The PDP and Ademola have vowed to challenge the judgment of the Appeal court at the Supreme court. We would not know who will dance last. I think PDP would have danced with caution and not acted like the proverbial antelope who danced himself lame while the main dance was yet to come. APC should dance with caution. The Supreme court judgment is clearly unpredictable, just as it is generally in the Nigerian judicial system. The funniest aspect of all these is that the Supreme Court alone has the supreme wisdom and knows all things in judicial matters. They are never wrong! So the judgment of the Supreme court shall be binding on the winner or loser of the gubernatorial case in Osun State.
The Nigerian judicial system makes both appellants and defendants dance turn by turn as the case goes higher and higher, until the final and ultimate dancer emerges.

Friday, 3 May 2019

BAYELSA STATE LEGISLATURE AND THEIR LIFE PENSIONS BILL PROPOSAL by SHABA Mafu


I read with utter consternation the frivolous demand of the Bayelsa State members of the House of Assembly advocating for life pensions bill for ex-members as part of the juice to be placed on the political table in that glorious State of Bayelsa. To demonstrate their high level of their low-thinking, they went as far as asking for a compelling amount of Five-hundred thousand Naira monthly pension for ex-Speakers and some other provocative amounts to the Deputy-speakers and ordinary members of the House after their retirement from “meritorious service” of the State spanning a paltry period of eight years of sometimes unproductive and less impactful activities.
This irrational demand is purely in contrast with the ethos of democratic practice which is representation of the people purposely for their welfare and security. The essence of political representation is not for exploitation of the masses from vantage position as demonstrated by these Bayelsan legislatures. The members of the Bayelsa State House of Assembly have acted in deliberate aberration; an action diametrically opposed to common sense in governance and tenets of democracy.
The response and reaction of the Governor of the State, Seriake Dickson is worth commending. It gives a spark of hope that we still have reasonable people in the midst of those infested with moral meningitis. The Governor flatly rejected this anti-people and disgraceful proposed bill. He would in the final analysis have assented to the bill if it was passed, but he rejected it with all sense of responsibility and moral decency. He was actually the medical personnel that aborted the ill-conceived proposed bill by legislative prostitutes.
Another great Bayelsan of repute is the ever-bubbling Comrade Eva, an activist of the Niger-Delta extraction. He lambasted the obnoxious bill of these legislatures. His anger was so clearly manifested that he recommended public flogging of these greedy and childish politicians at one of the river fronts in Bayelsa State. He berated them that those who did not even know how the State was created wanted to use the opportunity as public officers to reap where they did not sow He further stated that carrying placards to denounce this disdainful act was not enough to contain the pettiness of these car-boy politicians (so Comrade Eva called them) but insisted on an opprobrium on them. He defended such treatment as a legacy which the upcoming Bayelsan politicians, and by extension the politicians from the Niger Delta would learn from and take caution.
The proposed bill of these greedy politicians calls for complete condemnation by all well-meaning people of Bayelsa State and Nigeria at large. Some State Governors in Nigeria are shamelessly owing their workers as much as twelve months salaries, and the pensioners owed as much as over 30 months pensions, and gratuities. On the contrary, those who claim to represent the masses are there working out their ill-fated pensions design with their own selfish template, besides their fat salaries they do not ordinarily qualify or work for.
There are some states where the cumulative amount of both the State Bond and the statutory Retirement Savings Account of the Contributory Pension Scheme is paltry Four Million Naira. If such a retiree opts for Programmed Withdrawal or Annuity, as the case may be, being their pension payment option, such pensioner would be placed on ridiculous pensions with attendant multiplier effect of poverty. The monthly pension for some of the pensioners  who had served a State for 35 years is nothing but an advanced programmed poverty. A Speaker who may have cornered himself to be one, is proposing to earn as much as N500,000 per month as his monthly pension upon his exit as a Speaker. This is daylight robbery and outright exploitation of the already impoverished tax payers.
The Nigeria Labour Congress, Trade Union Congress, Civil Society Organizations, Rights activists should raise their voices against this and similar obnoxious bill whenever and wherever it surfaces, either at the federal or State levels. Looking further, even the monthly salaries of the members of the outgoing National Parliament  is certainly very outrageous and disappointing. These are people who hardly form quorum in their plenary. Even when they managed to attend sessions, half of the period is spent on self-serving legislative activities, thus producing no reasonable and robust legislation for the country.
The constitution of this country needs to be reviewed or overhauled so as to address some of these stinking anomalies perpetrated by these legislatures and other folks in the same fold.

Monday, 11 March 2019

ATIKU’S SEARCH FOR JUSTICE AT THE ELECTION TRIBUNAL


The unanimous declaration of the three witches in William Shakespeare's play, MACBETH, that “fair is foul and foul is fair”, means anything goes as far as we achieve our aim. Atiku seems to disagree with the assertion of Shakespeare’s witches that foul is not fair. Atiku standing on this premise is seeking justice in election tribunal in what he termed his “stolen mandate” of his presidential ambition.  The witches had resolved to meet “upon the heath when the hurlyburly’s done, when the battle is lost and won”. Atiku has pledged to meet the APC in court as the elections have been lost by the Peoples Democratic Party and won by the All Progressives Congress represented by Atiku, and Buhari respectively.
The presidential election, the ultimate battle for the seat of the national government, Aso rock, was conducted on the 23rd of February, 2019, with the results released on the 27th of same month. The incumbent Muhammadu Buhari polled the total votes of 15,131,847, to defeat Atiku Abubakar of the Peoples Democratic Party who polled the total votes of 11,267,978. The latter was squarely defeated with about four Million votes according to the announcement of the Electoral Management Body, the Independent National Electoral Commission (INEC). This bitter pill is evidently too difficult for Atiku to swallow with the water of peace; hence he is headed for the Presidential Elections Petition Tribunal.
The presidential candidate of the PDP, like every Nigerian, has the constitutional right to seek redress in competent courts of jurisdiction. .Atiku who has penchant for peace and obedience to the rule of law has decided to toe this legal path. He has gathered his Legal Team ably led by the experienced Livy Ozoukwu (SAN). Atiku has defied the assertion of the witches that foul can never be fair in this circumstance. He has commenced the preliminaries of the suit by the court granting him access to examine some sensitive materials used in the conduct of the presidential elections. The full blast of the legal tussle will begin in not too many days to come.
With all objectivity and every sense of responsibility, it will be a very tall dream for Atiku to realize his intention. This is based on the antecedence of similar cases that have gone beyond the Tribunals even to Supreme Courts.
Retrospectively, when Late Chief Obafemi Awolowo of the defunct Unity Party of Nigeria (UPN) approached the supreme court for interpretation of a fraction of two-thirds of 25% of nineteen States, and that late Shehu Shagari won the elections by polling higher votes but could not be returned elected because he did not meet the constitutional requirements, the Court decided otherwise in favour of the declared winner of that election. Awolowo polled 4,906,851 votes, while Shagari polled 5,688,857 votes as announced by the Federal Electoral Commission (FEDECO) on September 26, 1979.. As brilliant and persuasive the arguments of Chief Awolowo were, the court never ordered even a re-run. Shagari won the case and was even contested and re-elected in the 1983 presidential polls.
Similarly, the then presidential candidate of the Congress for Progressive Change (who is incidentally the current president of Nigeria, under the APC) Muhammadu Buhari, dragged the Peoples Democratic Party to court when he contested with late Umaru Yar’adua in 2007. Yar’Adua polled 2,4638,063 votes against Buhari’s 6,603,299 votes. Umaru in his sincerity even confessed that the elections conducted that year was not devoid of obvious flaws. Despite that confession, the Court did not upturn the results in favour of Buhari. Buhari contested against Goodluck Jonathan in 2011. He (Buhari) cited widespread manipulations and electoral violence, and headed for the courts again. His plea was thrown to the dustbin. So in both cases, he lost with bleeding nose.
In one of our classes in Political science, am erudite Scholar, Professor Authur Davies, of blessed memory, asserted that when it comes to judgment on cases involving Presidential elections, the Court would rather use its discretion in handling such cases. No court would pass a judgment that would result in protracted national crises and avoidable catastrophe. Recently, Chief Olisa Agbakoba in his comment (in PUNCH Newspaper online) on Atiku’s move accused Buhari of removing Walter Onnoghen replacing him with the Chief Justice of Nigeria, Mohammed Tanko.  He further complained that the “burden of proof to succeed in the election petition is unfairly huge” and that he was ‘worried about the historical precedent as no petition on presidential election result has ever succeeded”
Atiku’s approach to the Courts might end in mere academic exercise and for record purpose just like others before it. It will be just a mirage and loud burst of hope for those anticipating him becoming the president of Nigeria following the recently conducted election. It may be a point of reference for further research for the Electoral Umpire on how to improve on their performance in subsequent elections in the country. But for the Court to upturn the election, and declare him the winner might be a dream to be realized in the next millennium or in the utopian world. The Court will not even order a re-run, worse still  It is good Atiku goes to Court, because the lessons that will be learnt there will be for the benefit of the entire nation. It could be Atiku’s further contribution for better electoral processes in Nigeria.

Tuesday, 19 February 2019

PRESIDENT BUHARI AND HIS DEATH SENTENCE ORDER ON BALLOT BOX SNATCHERS.


The postponement of the 2019 general elections originally scheduled to hold on the 16th of February, 2019, has added another feather to its dynamism. The Independent National Electoral Commission (INEC) postponed the elections with one week, which is now to hold on the 23rd of the same month of February. The events that had filtered in to the polity within this one week of postponement had been better imagined. There had been series of condemnation of the Electoral Body over the postponement. The leading political parties in the election, the ruling All Progressives Congress (APC) and the main opposition Peoples Democratic Party (PDP) have been trading blames over who instigated the shift in polls. The National Chairman of the APC, Comrade Adams Oshiomole even swore with the Holy Koran when he accused the INEC of colluding with the PDP before the election was postponed. This was to say that INEC was working in favour of the opposition party to win the general elections. INEC has denied this allegation flatly, and only cited logistics as the main reason for the postponement.
But in another twist, while the political parties have been re-strategizing, holding caucuses meetings, executive meetings and whatnots, to perfect their plans for the forthcoming 23rd February polls, the APC obviously held theirs with the expected massive attendance of party stalwarts and stakeholders. In the meeting, the presidential candidate of the party, and the incumbent Executive President of the country, Muhammadu Buhari gave a deadly order to the Army, Police and other security agencies to summarily terminate the lives of ballot box snatchers during the 23rd February, 2019 elections. This order was given, primarily and possibly to drum sanity into the electoral system by meeting deliberate criminality with brute force. While this may appear to be a quick and decisive solution to such criminal act, there are a lot of implications of such a weighty statement coming from the Commander-in-Chief of the nation’s Armed Forces. Expectedly, the Army and the Police have issued separate statements that they will follow the order of their Commander to the letter.
The issues that bother on this order are numerous. There is an electoral provision to deal with such criminalities. A convicted ballot-snatcher faces a two-year jail term or the fine of Five Hundred Thousand Naira or both – but never a death sentence. But again, such provisions were hardly adhered to. Ballot-snatching had unfortunately become part of our electoral process. There was an instance were ballot snatchers summarily executed twenty-six innocent voters in the course of snatching ballot boxes as stated by the presidential spokesman, Garuba Shehu when he was defending the statement of his Boss on the execution order. The Death sentence may be in order to find a more telling action to forestall the re-occurrence of that dastardly act. Arguably, if the security operatives were at alert to their responsibilities, such criminals would not have had a field day perpetrating their crimes where elections were taking place. There might be probable connivance with the security operatives at that instance of the committance of such crime.
Without recourse to any doubtful disputations, we have heard several instances of extra-judicial killings in Nigeria, particularly by the Nigerian Police, at the slightest provocation which they generally blame on “accidental discharge”. We have heard of instances where lives were sniffed out of innocent Nigerians because they refused to part with as low as twenty Nigerian Naira bribe. The attitude of the police particularly, to the Nigerian populace is at best very appalling and horribly unfriendly. The call of President Buhari for summary termination of lives by the Security forces may not be taken with discretion by these forces. This directive will further exacerbate the already tensed political atmosphere and the volatile security situation already been witnessed in the country. If the Police, for instance, which does not seem to know the simple ethos of weapon- handling, are now given this terse charge by the President, it might be a way of possible vendetta to those who had looked for an opportunity to deal with a private enemy, now using the cloak of ballot box snatching as a guise. I can assure Mr. President that some hypocrites might even love to kill for the joy of it to ensure that they actually ‘carried out’ the presidential directive, where and when it is actually needless to do so Certainly, lives will be lost because an ordinary argument in the polling centre could be misread to be ballot-box snatching attempt by overtly overzealous security operatives. I exercise utmost fear that perhaps the security agents may have hidden sympathy for a political party, then this order becomes leverage to get rid of their political opponents.
Much as the President takes it as sole responsibility for his government to conduct a free, fair and credible election, he would have taken cognizance of the kind of security forces he was giving such costly order to. My main concern is the Nigeria Police. The Acting Inspector-General of Police, Mr Muhammed Adamu should as a matter of urgency train his men of all the hierarchy and categories interpret and emphasize to them the good intention of the President. The president is not looking for corpses to justify his statement. He only meant that there should be sanity, security and decorum in the discharge of our civic responsibilities on the election days. Elections can actually hold without anyone dying or being shot. The security Agencies are to provide SECURITY to all. I believe that is the crux of the President’s directive to the Security operatives.

Those who had perfected plans to snatch ballot boxes on the election days should have a rethink and kill that thought right away. If you dare the statement of the President, you may not truly be alive to seek justice or seek for redress - trust our security operatives!. It is a condemnable act to snatch boxes during elections. If your candidate is popular enough, he will win without getting into any forms of criminality. All those hired to perpetuate this nefarious act should know that neither the President nor the Security Agents are joking. Be wise!

Friday, 15 February 2019

INEC AND THE ELECTION POSTPONEMENT OF 2019 GENERAL ELECTIONS.

The postponement of the general elections scheduled to hold today, 16th of February 2019 has taken most Nigerians in a shock. Many have prepared for the elections. Everyone has been fully mobilized. Many schools both of the government and the private Schools have been shut down since on Wednesday as part of the preparations for the elections, basically to ensure the safety of students and workers in the schools alike. The President of the country, Muhammadu Buhari had made a national broadcast assuring the preparedness of the country and even of the electoral umpire, the Independent National Electoral Commission (INEC) of its readiness for the election.  Everything appeared set for the exercise. The international observers have also been fully mobilized. Peace Accord has been signed by all the presidential aspirants. The Nigerian Police has declared restriction of movements from 6am to 6pm today for the elections.
Like a thunderbolt from the blues, in spite of all assurances and preparedness, the Electoral Body suddenly began to meet late on Friday 15th February and coming up with a decision culminating in the postponement of the election with one week. Though this is not the first time general elections are postponed in Nigeria, but that should not be a norm when it is avoidable.
In the build-up to the 2019 general elections, various instances of violence have been recorded in several parts of the country. For instance, some few days ago the lives of sixty-six innocent Nigerians were sent to their early graves by unknown gun men in Kaduna State. In Anambra and Imo States, INEC materials have been reportedly set ablaze. This includes the Permanent Voter Cards (PVCs) and Card Readers. These are sensitive electoral materials.  There were other incidences of arson particularly of INEC materials. iNEC offices have suddenly turned to a harmattan zone where fire burns freely.
Earlier, the ruling party, the All Progressives Congress (APC) has raised an alarm that some powerful forces are colluding with some other enemies of Nigeria to ensure that the elections are scuttled, likely paving way for an interim government. But I say the wishes of the evil people will never come to pass in Nigeria. Nigeria is bigger than any individual or a group. Nigeria is greater than any part of the country.
Much as I personally condemn the postponement in its entirety because I expected that INEC Research Team should have been able to figure out some of the possibilities for the eventual postponement, they may still have convincing points for the postponement. They cited logistics reasons for the postponement.  I wish to suggest to the electoral body to put all factors into consideration to ensure the full success of the February 23, general elections.
At present, there is mutual suspicion between the leading political parties, the All Progressives Congress (APC ) and the main opposition Peoples Democratic Party( PDP). There is apprehension in the entire country, probable higher level of violence than before the postponement o the election. There might be more ruthlessness by political thugs as they may be used by politicians to ensure victory by all means. The Security of the nation should be stepped more than ever before.  But in all these Nigerian must survive.
In all, INEC must be fully responsible for whatever becomes the outcome of these elections, because all necessary support by the government, NGOs, international Community were given to this Body. Then why the sudden postponement?


Sunday, 27 January 2019

ONNOGHEN: THE CACOPHONY OF JUSTICE AND THE FATE OF NIGERIA - by Professor Dejo Olowu

My little contribution is to assist the non-lawyers and independent watchers of current proceedings to distill the issues beyond the muddy waters being thrown up and about to achieve political ends.
By virtue of Nigeria's colonial legal heritage, judicial precedents (decisions of the higher courts made on earlier cases) take a prime position in the determination of new cases on similar or related facts. The courts, therefore, rely heavily on the settled principles of the law in arriving at their decisions in subsequent cases.
There has been so much hullabaloo about and around the indictment of the eminent occupant of the office of the Chief Justice of Nigeria (CJN), in the person of Mr. Justice Walter Onnoghen. Understandably, the indictment occurring at a politically volatile period (less than 40 days to a vital presidential election) in Nigeria was bound to generate rowdy and opportunistic responses from legal minds and non-legal minds alike.
However, to help our objective understanding and analysis of the state of the law in Nigeria, recourse must be made to the causa celebre, that epic piece of judicial precedent from which all subsequent extrapolations should be made on the present scenario. That point of reference is NGANJIWA v. FEDERAL REPUBLIC OF NIGERIA (2017) LPELR 43391 (Court of Appeal).
The Honourable Justice A.O. Obaseki-Adejumo, Justice of the Court of Appeal (JCA) formulated the following principle in the Ngangiwa Case:
"It must be expressly stated that if a judicial officer commits theft, fraud, murder or manslaughter, arson and the likes,...WHICH ARE CRIMES COMMITTED OUTSIDE THE SCOPE OF THE PERFORMANCE OF HIS OFFICIAL FUNCTIONS [emphasis mine], he may be arrested, interrogated and prosecuted accordingly by the State DIRECTLY without recourse to the NJC (National Judicial Commission).
.. These classes of criminal acts are not envisaged and captured by the provisions of PARAGRAPH 21, PART 1 OF THE THIRD SCHEDULE (to the Constitution).
On the other hand, if any Judicial Officer COMMITS A PROFESSIONAL MISCONDUCT WITHIN THE SCOPE OF HIS DUTY and is investigated, arrested and.......subsequently prosecuted by security agents without a formal complaint/report to the NJC, it will be a usurpation of the latter's constitutionally guaranteed powers under Section 158 and Paragraph 21 Part 1 of the Third Schedule, thereby inhibiting, and interfering with and...... obstructing the NJC from carrying out its disciplinary control over erring judicial officers as clearly provided by the Constitution.''
The simple question that all honest people of clean conscience must ask the coterie of Onnoghen's Amen corner is: what is the category of Onnoghen's wrongdoing?
Failure to declare his personal fiscal assets as statutorily required is a wrongful act OUTSIDE the performance of his duties as a judicial officer. His wrongful act was and remains a criminal offence for which the apparatus of State must act. The NJC has no role in dealing with that.
However, as I already mentioned, these are highly volatile and flammable times. Every action or omission of the Federal Government of Nigeria headed by Mohammadu Buhari will be turned into a weapon of mudslinging against Buhari’s electoral chances. That is the reason for all the pandemonium that has been unleashed on Nigerians these past few days.
Of course, the high volume of count-me-in SANs supporting the CJN will most likely sway the minds of innocent watchers into believing that there is indeed a vendetta against the CJN. There is none and there can be none.
The same Buhari confirmed Onnoghen as CJN despite all the opposing forces that felt he lacked the moral uprightness and integrity required for that office.
But we cannot be shocked or surprised by the outrage and outbursts of those opposed to the trial of a roguish CJN for his roguish act(s): they need him and his roguish system to perpetuate the distribution of judicial largesse and crooked elevations to the Bench and Bar in Nigeria. That is the way the Nigerian judicial and legal architecture now works in the larger part. Corruption oils the system...for those who run by it!
What more? The same judicial system created and nurtured by Onnoghen is the very one that will handle his indictment. Throw up a knife a thousand times and it will come down resting on its flat side. Why so much chaos when Onnoghen will carry the day in his own judicial system? What will however not go away is the moral albatross that will hang on his neck for the rest of his natural life. He'll remain a tainted CJN regardless of how he ends his career.
And talking about electoral calculations, Buhari does not and will not require an Onnoghen or any court to serve any ulterior purposes after the February 2019 elections. Buhari winning the election fair and square dispenses with the need for a subservient adjudicator. Handing over the presidency of Nigeria to Buhari’s closest challenger will be farewell to the sanity of governance that the Buhari administration has set on a steady path since 2015. Nigerians cannot afford to choose profligacy over thrift, we cannot afford to elect a photo-op president over one whose soul is about how to rescue our commonwealth from entrenched vultures.
The 2019 election is and will be all about the very survivability of the Nigerian nation. We must not hand over the polity to those who will mish-mash our treasury and national resources with their insatiable quest for wealth, debauchery and lascivious lifestyle.

Thursday, 17 January 2019

CONFUSION REIGNS SUPREME BETWEEN ETHICAL LAWYERS AND UNETHICAL LEGAL PRACTITIONERS by M.A. OLUWALAMBE, ESQ.


Believe the explanation that appeals to your morality or lack thereof.......
HON JUSTICE ONOGHEN, CJN V FRN: 
The position of law
By M. A. Oluwalambe, Esq.

I have read and watched some lawyers expressing a legal opinion on the proposed arraignment of the CJN by the CCB at CCT For offence relating to declaration of assets as required by law.

Some argued that the arraignment at CCT directly without first recourse to NJC is unlawful and they placed reliance on the case of Nganjiwa vs FRN. My opinion shall be solely on the legality of the said arraignment.

Let me start by reproduction of some of the provisions of the Constitution of Nigeria. Fifth Schedule, part I of the 1999 Constitution of the Federal Republic of Nigeria, as amended provides in paragraph 11 thereof as follows:

 11.1. "Subject to the provisions of this Constitution, every public officer shall within three months after the coming into force of this Code of Conduct or immediately after taking office and thereafter -
a. at the end of every four years; and
b. at the end of his term of office, submit to the Code of Conduct Bureau a written declaration of all his properties, assets, and liabilities and those of his unmarried children under the age of eighteen years.

11.2. Any statement in such declaration that is found to be false by any authority or person authorised in that behalf to verify it shall be deemed to be a breach of this Code."

The same law provides that no public officer shall maintain any foreign account.

The issue is whether these constitutional provisions apply to the Chief Justice of Nigeria?

Fifth Schedule, part II of the 1999 Constitution as amended provides for the categories of persons recognised by law as public officers. These include:

5. "Chief Justice of Nigeria, Justices of the Supreme Court, President and Justices of the Court of Appeal, all other judicial officers and all staff of courts of law."

Also, Paragraph 12 of part 1 of the fifth schedule to the 1999 constitution provides:

12. "Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau."

in view of the above constitutional provisions, the Chief Justice of Nigeria is a Public Officer. And the provisions of the Code of Conduct for Public Officers as contained in the Constitution of the Federal Republic is applicable to him.

No provision of any law makes such allegations of breach of the declaration of assets to be made to NJC.

Some of the acts that amount to a breach of the code of conduct are in Paragraph 11.3, Part 1 of the fifth Schedule of the 1999 Constitution:

 "Any property or assets acquired by a public officer after any declaration required under this Constitution and which is not fairly attributable to income, gift, or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved”

Therefore, the argument put forward that the Federal Government ought to have petitioned NJC before arraignment of the CJN at CCT relying on the judgement Of the Court of appeal in the case of NGANJIWA v. FRN is not valid in this case of Mr. Justice Walter Samuel Onnoghen, CJN, in accordance with the Constitution and Nganjiwa's case.

Hon. Justice Walter Samuel Onnoghen CJN is both judicial officer and a public officer and he can act in the two capacities as such, His Lordship can, however, be prosecuted by the Code of Conduct Bureau CCB and a conviction by the tribunal can be a basis for NJC's recommendation for removal.

The judgement of Court of Appeal in the case of NGANJIWA V FRN  is mostly relied upon by the lawyers opposing the arraignment of CJN at CCT, I also rely on the position of the Court in the same case but the case is distinguishable from the  Hon. Justice Onoghen case, this position is in line with the judgement of the said court. 

Part of the judgement of the Court of Appeal in the case of NGANJIWA V FRN is as follows:

"It must be expressly stated that if a judicial officer commits theft, fraud, murder or manslaughter, arson and the likes, which are crimes committed outside the scope of the performance of his official functions, he may be arrested, interrogated and prosecuted accordingly by the State DIRECTLY without recourse to the NJC. These classes of criminal acts are not envisaged and captured by the provisions of Paragraph 21, Part 1 of the Third Schedule."

It means that it is not in all cases of allegations of crime against a judicial officer must be first recourse to  NJC.

In my humble opinion, the offences relating to the declaration of assets against a judicial officer need not be first reported to NJC before prosecution doing otherwise is a breach of the Constitution and rule of law.

Therefore, as NJC has duties and powers to control and discipline judges as judicial officers so also the CCB has powers under the law to prosecute a judge for an offence committed as a PUBLIC officer, not as a judicial officer.

The arraignment of Justice Onoghen, CJN at CCT directly without first recourse to NJC is legal because he is to be arraigned for an offence committed as a PUBLIC officer not as a judicial officer because offence relating to declaration of assets cannot be said to be committed within the scope of performing judicial function.

M . A. Oluwalambe, Esq