REUBEN'S VIEWS
The ruckus that has been generated by the announcement of former Borno State Governor, Senator Kashim Shettima as running mate of the Presidential standard bearer of the ruling All Progressives Congress (APC), for the 2023 Presidential election is a perfect illustration and yet another sharp reminder of how religion has driven a wedge among Nigerians. Religion, etymologically, is derived from the Latin word, “religare” which means “to bind together”, but rather than bind the people of Nigeria together, religion has divided them along sectarian lines. It is the oxygen of devious power politics, sectarian politics, mass murder, terror, instability, and the plague of amorality. This is ironic, for Nigeria is clearly one of the most religious countries in the world, with every street, every corner boasting of either a church, a mosque, a shrine or a temple. The business of religion is also perhaps the most lucrative in Nigeria, with many religious groups noted more for commerce, hustling and mass hypnotism rather than piety, with a yawning gap between private and public morality, as the people commit atrocities in the name of God.
The evidence abounds in the weaponization of religion, even if the Nigerian Constitution states expressly that “the government of the Federation or of a state shall not adopt any religion as state religion”, the resort to violence on the basis of religion as has been witnessed over the years in the Middle Belt, Southern Kaduna and other parts of the country, the politics of Sharia, and the cruel exploitation of religion by political leaders. The easiest way to ignite violence in Nigeria is to play the ethnic or religious card as in Kafanchan, Kano, Jos, Zango-Kataf, Maitatsine riots, Kano, the slaughter of priests, incessant attacks on churches. Many have died for no just cause: Gideon Akaluka, Mrs. Christianah Oluwatoyin Oluwasesin, Deaconess Eunice Olawale, Mrs. Eunice Elisha, Pastor Bolanle Ibrahim, Deborah Yakubu Samuel, all made worse since the return to civilian rule in 1999, by “the religion-inspired war” unleashed on Nigeria by Boko Haram and a band of terrorists and their international partners. Nor does it matter whether the perpetrators of violence are educated or not. Indeed, once upon a time, the University of Ibadan nearly witnessed an open warfare between Christians and Muslims within the community over the location of a Chapel Cross, which the Muslims asked to be removed because it was visible from the direction of the University Mosque, hence allegedly hindering the faith of worshippers! Between 1985 and 1986, this became known as the Cross and Crescent crisis in Ibadan. Religion is so sensitive that both Nigerian Muslims and Christians have learnt to live in an atmosphere of mutual suspicion. Such measures and groups as the Nigeria Inter-Religious Council (NIREC), Interfaith Mediation Centre (IMC) and Inter-Faith Dialogues have not necessarily promoted tolerance enough. The fear of likely domination by the other worsens the situation. Every election season, religion plays a major role in the selection of candidates giving rise to the need for zonal, ethnic, and religious balancing.
This is the general context of the emotions attached to the kind of ticket which politicians present to the electorate most especially at the Presidential and Gubernatorial levels. The convention is to have a balanced Muslim – Christian ticket or vice versa, to do otherwise is to exhume and oxygenate religious passion and prejudices. This is exactly what the Presidential candidate of the ruling APC, Asiwaju Bola Ahmed Tinubu has done by choosing a fellow Muslim as his running mate. Virtually every Christian group in the country, including the Christian Association of Nigeria (CAN), Arewa Christians and Indigenous Pastors Association, and the Christian Global Network has kicked against this. No other general election in this country in recent memory has attracted as much religious sentiment. Faced with unprecedented assault in the last few years, the Christian community has been vocal in seeking to defend itself physically, and by mobilizing the congregation to vote, and defend Christian choices.
Christians have been advised by some of their leaders to take up arms to defend themselves. Many churches have turned the possession of Permanent Voters Cards (PVCs) into an access card to church. Those without PVCs have been told to stay away. Some major Christian denominations have also set up Departments devoted exclusively to politics and voter mobilization. Out of distrust and fear of the havoc that has been wreaked over time in the name of religion, Nigerian Christians want their own men and women in positions of authority. The other political parties that have announced their Presidential running mates so far have exercised great caution in this regard, more so as the churches warned before now that in 2023, a same-faith, Muslim-Muslim ticket would not be acceptable. The Bible enjoins Christians “to turn the other cheek.” Christians in Nigeria have since abandoned that injunction. They are on their way back to the Old Testament.
Is Asiwaju Bola Ahmed Tinubu, APC Presidential candidate not aware of this? Of course, he is. He has been in politics long enough to know that politics in Nigeria is driven by sentiments. But in choosing a Muslim like himself as running mate, he provides a robust even if rhetorical, defence that has been questioned by members of his own party and outsiders alike. He has been accused, for example, of promoting the politics of exclusion and discrimination against Christians. An APC member, Daniel Bwala has resigned from the party in protest. Another APC member, Senator Elisha Abbo (Adamawa North) has resigned his membership of the Bola Ahmed Tinubu Campaign organization. Tinubu however says: “To re-envision and reshape the nation, I must compose the best team possible, a team put together with but one overriding purpose: to forever establish, just, capable and compassionate governance for the people of Nigeria without regard to religion, region or ethnic origin.”
The problem here is that it is impossible to do anything in Nigeria without “religion, region, or ethnic origin.” Is this part of the candidate’s statement written by a foreigner? Nigerians, Christians and Southerners, have said they don’t want another eight years of Northern leadership or any arrangement that excludes Christians completely. A few paragraphs later, Tinubu says: “A dominant theme of my political history and my personal life is my staunch belief in our diversity…My selection of a running mate comports entirely with this longstanding inclination.” So, how exactly does a Muslim-Muslim ticket promote diversity? He goes further to state that he is aware of the “energetic discourse concerning the possible religion of my running mate…today, I announce my selection with pride because I have made it not based on religion or to please one community or the other.” The counter-argument by Christians is that a Muslim-Muslim ticket will definitely please the Muslim community, and make Christians feel alienated. Asiwaju Tinubu’s attempt to discount the factor of religion is a hard sell. The Nigerian Christian community is not impressed.
Tinubu sells Shettima to the electorate: “as a man with the talent, maturity, strength of character, and patriotism” and adds that “he has my implicit confidence and faith.” He obviously feels comfortable with Senator Shettima, and that is fine – compatibility, apart from electoral value is an important consideration in choosing a running mate. Shettima was a major player in Tinubu’s emergence as APC Presidential candidate. He was director of his campaign. Both men also have a good relationship: Shettima is after all, a major exponent of the “Emi Lo Kan” – “It is my turn” - agenda. He is being rewarded for his loyalty. Tinubu further talks about “the need to place competence above religious sentiment”. There is no doubt that Senator Shettima is a competent man. He is educated, brilliant, experienced, articulate and fit. He holds a B. Sc. in Agricultural Economics from the University of Maiduguri, and an M. Sc. in the same discipline from the University of Ibadan. He has worked as a University Teacher and as a Banker. He has also served as a commissioner five times in his home-state of Borno in different Ministries, Governor for eight years and Senator of the Federal Republic for 4 years. He can read a book and understand what it says, he can even quote Shakespeare effortlessly. Except that the biggest obstacle is the question of his faith. He is a Muslim, running a ticket with a Muslim. Tinubu says that should not be a problem. He argues that “the spirit of 1993 is upon us again in 2023.” I have heard some persons in response to that saying Tinubu should speak for himself. The spirit of 1993 may be upon him as a person, but some people draw attention to the fact that we are in 2022, not 1993 and the times are different.
Tinubu is referring to the Muslim-Muslim ticket of Chief MKO Abiola and Alhaji Baba Gana Kingibe on the platform of the Social Democratic Party (SDP) in the 1993 Presidential election. Tinubu has practically replicated the Abiola-Kingibe model. Kingibe like Shettima, to drive home the appropriation, is a Kanuri, from the same state of Borno in the North East geo-political zone. But that is only as far as the comparison should go. In 1993, the Muslim-Muslim ticket may not have mattered because Nigerians wanted democracy badly. They were tired of military rule. Besides, religious conflict had not yet assumed its current hydra-headed, octopoid shape. As Simon Kolawole pointed out earlier in a piece titled “The Awkward Muslim-Muslim ticket” (ThisDay, June 18, 2022) - “before the late 1980s, religion was not a defining factor in national politics.” Under the Shehu Shagari administration, Shagari was a Muslim, and Fulani, but the Senate President, the Speaker of the House of Representatives and all his Service Chiefs were Christians. This was not an issue. In 1979, Chief Jeremiah Obafemi Awolowo, candidate of the Unity Party of Nigeria ran a Christian-Christian, all Southern, Ogun-Anambra ticket with Philip Umeadi. Dr Nnamdi Azikiwe, Presidential candidate of the Nigeria Peoples Party (NPP) picked his running mate from Southern Kaduna, Dr. Ishaya Audu, a Christian. That was once upon a time in Nigeria, but not anymore. Some observers have talked about Governor Nasir el-Rufai running a Muslim-Muslim ticket in Kaduna State and getting away with it, but Kaduna is not Nigeria. A state with a population of a little over 9 million cannot be compared to a complex country like Nigeria. In today’s Nigeria, it will be difficult for anyone to run an entirely Southern or an entirely Northern Presidential ticket with the candidates being of the same faith. Such a proposal would be dead on arrival – that is the extent to which religion has divided us. The APC proposal as it is therefore, seeks to test the established order and sentiments. It is a bold move. But what are Tinubu’s strategic thoughts? How strong are his propositions?
No 1: Electoral value. Politicians make choices in order to win not to lose. Senator Shettima is Kanuri from the North East. Would it have been better to pick a running mate from the North West which has more voters compared to the entire North East? A running mate to Tinubu from the North West would have meant picking from the same zone as the outgoing President and from a zone that had previously produced late President Shehu Shagari, late President Umaru Musa Yar’Adua, former Vice President Namadi Sambo and a couple of former military Heads of State (Murtala Muhammad and Sani Abacha). The North East has to date produced only Prime Minister Tafawa Balewa from Bauchi State. The Kanuris are not as populous as the Hausa-Fulani but would the Northern voter worry about that or be more concerned that the Presidential running mate of the APC is a Muslim? Besides, Senator Shettima is from the same geo-political zone as the PDP Presidential candidate Atiku Abubakar. His presence on the APC ticket could swing significant votes in favour of the party and divide Atiku’s votes. I had in fact argued in a piece titled “June 12, 1993, Running Mates and 2023” (ThisDay, Tuesday, June 14, 2022) as follows: “If Tinubu must pick a Muslim running mate as has been argued, his best choice is Kashim Shettima, former Governor of Borno State.”
No. 2: Religion. We have established that this would remain an issue. The ready argument by those who do not consider it an issue is that Christians constitute a minority in the entire North where the population is predominantly Muslim. But is that why Northern Christians should be excluded? Are there no Northern Christians that have the clout and the credentials to win big-ticket elections? Or that is “competent, reliable, capable and able?” By choosing a Muslim as his strategists advised, and as he has done, Tinubu is obviously leaving himself open to the accusation that he has no regard for the Christian community. He is nonetheless considered by many a liberal Muslim. His wife is even a Pastor in a Pentecostal Church. He also knows that whereas it would be easier for him to defeat his major opponents in the South West and parts of the South, the main battle ground for his candidacy would be in the North. A Muslim-Muslim team is an attempt to woo and win the votes of the Muslim majority in the North. Examined closely, this is a cold-blooded, Machiavellian move. But did Tinubu at any time make any effort to consult the Northern Christian leadership and try to carry them along, before making his announcement? If he has not done so, let him do so now.
No 3: Finally, does religion necessarily make our leaders good men and women? Absolutely not. Religion is that affective thing in our consciousness which may have no bearing whatsoever with our daily conduct or character. Some of the most religious people are also some of the worst human beings ever. Nigerians are looking for good leaders, leaders who can address the major issues that affect their lives, and who can make Nigeria a better and safer place for all.
The strongest value of democracy is that it offers the people an opportunity to make their own choice. In 2023, it is up to the Nigerian people to vote according to their conscience. There are options on the table. The electoral umpires must provide the enabling environment for the people to vote freely, without any form of hindrance, and every opportunity to ensure that their votes count. In the end, that is all that matters.
Nyesom Wike, Governor of Rivers State is the biggest issue in the politics of the People’s Democratic Party (PDP) at the moment. To put it differently, Nigeria’s major opposition party, the PDP, has a Wike problem. The extent of that has now been formally acknowledged by the party when the Chairman of the Board of Trustees, Walid Jibrin, announced that major stakeholders in the party led by Alhaji Atiku Abubakar, and his chosen running mate, Governor Ifeanyi Okowa of Delta, all PDP Governors, members of the BOT and other major stakeholders must go to Port Harcourt to appeal to Wike not to leave the party, not to get angry, and not to do anything against the party. Wike is the Governor of Rivers state. He claims that since the PDP lost power in 2015, he has been the one carrying the party on his back, providing resources and leadership at a time the PDP, out of power, began to behave like fish out of water. Wike filled the void. And now in 2022, he presented himself as an advocate for the shift of power to the South, and his good self as a Presidential candidate.
By some alchemy, the PDP ignored Section 3 its own constitution and decided through a 37-member committee that the party would jettison its zoning formula, the same formula, that was appropriated by the rival All Progressives Congress (APC), Nigeria’ ruling party, and hence, the party threw the Presidency on its platform open. Nyesom Wike didn’t think that was right and so he threw his hat into the ring and decided to run for the position. His ambition has turned out to be a teachable moment and a reality check, and perhaps, in the long run, a reminder of his own naivety. Twenty-four hours to the PDP Presidential Convention, held in Abuja on May 28 everyone thought that the Southern agenda would prevail and that Wike or any of the other Southern aspirants including former Secretary to the Government Anyim Pius Anyim, and former Senate President, Bukola Saraki would get the nomination of the party.
Within the said 24 hours, everything changed. Northerners are better politicians than Southerners, be it in the PDP or any other political party. Southerners talk too much. Northerners think and strategize. While the latter think of community and group interests, the egoistic, Mercedes Benz crowd down South thinks only of ego and personal ambition. At the PDP National Convention, as it happened, Governor Aminu Tambuwal stepped forward and openly declared support for Alhaji Atiku Abubakar. This was a game changer. In 2019, Nyesom Wike, Governor of Rivers State, supported the same Governor Tambuwal. On May 28 2022, Tambuwal disappointed him and threw him under the bus. I have not seen or heard of any attempt by Governor Tambuwal to say sorry, or reach out. Instead, he got a hero’s welcome on his return to Sokoto and has since picked up the PDP Senatorial ticket for Sokoto South.
Wike did not just suffer the open humiliation and treachery by Governor Tambuwal, he came second on that account. Tambuwal is from the North West, a zone which controlled majority of delegates at the PDP Convention. Wike’s supporters continue to blame Tambuwal for Wike’s loss. They insist that he violated the principle that “one good turn deserves another.” Wike came second in the PDP Presidential primary process. What then remained was for the party to choose a running mate, and even in that regard, Wike lost out. Governor Samuel Ortom of Benue State behaving like a Wike henchman said on international television, that Wike is the best thing that has ever happened to the PDP, post-2015 and that a committee of which he was a member having selected him as the right person to be running mate to Atiku, feels doubly disappointed that Atiku chose someone else – Senator Ifeanyi Okowa, the PDP Governor of Delta State. He admits nonetheless that Okowa is eminently qualified having run the entire gamut of public service administrative experience from Local Government Chairman all the way to the top. But he thinks Atiku Abubakar has erred by rejecting Wike who was chosen by 14 out of a 17-member panel. Wike’s supporters are mourning. They think they have been short-changed. They think Wike’s contributions to the party have been thrashed to spite and humiliate him. Politics is a mad house. Wike’s supporters also want to prove that they cannot be treated shabbily. There is indeed a new brand of madness growing like marijuana in the PDP that may offer an undeserved advantage to the ruling All Progressives Congress (APC), or the now much identified Third Force in Nigerian Politics represented by the Labour Party and the New Nigeria Peoples Party (NNPP).
It is therefore, good reasoning that the leadership of the PDP is reaching out to Nyesom Wike. It also makes sense that the Chairman of the party’s BOT, Alhaji Walid Jibrin has told party members and stakeholders to stop misbehaving. There are persons within the party who have said Wike is a nobody and can be discounted. They forget that in 2019, Rivers State under his watch delivered the highest number of votes to the PDP. The big problem with the PDP is that it has too many big men, who think they are larger than life. They seem to have forgotten that the party failed to rule for 60 years as a party leader once predicted and that the times have changed. Following the BOT Chairman’s directives, Atiku Abubakar and Ifeanyi Okowa should visit Wike and make peace. The simple principle is that you cannot spank a child and not expect him to cry. Let him cry. He cries. You mollify him. But the question to ask in that regard is: why Wike? Why is he the only one weeping? There were others in that race: Anyim, Saraki, Ohuabunwa, Dele Momodu, Bala Muhammed, Mohammed Hayatudeen, Ayo Fayose, Udom Emmanuel… 13 aspirants, so why is Wike the only one crying as if he has lost his precious toy? Why does he and his supporters feel so entitled?
Atiku in particular needs to pay attention. In 2019, it was said at a point that he had chosen or had promised now embattled, Senator Ike Ekweremadu that he would be his running mate. He ended up choosing Peter Obi. In the Presidential 2019 election, he didn’t get the kind of support he expected from the South East, because he, himself mixed things up. Obi went into that election with him, with many of his own kinsmen, divided by Atiku’s choice. In 2022, Atiku has done the same thing. As former President Olusegun Obasanjo’s Vice President, the same issue that Atiku faced was that of trust and loyalty. He says he wants to unify the PDP, the community and the general society. He must embark on that task without trust deficits. What is his response to the PDP BOT Chairman’s directive that a high-powered PDP delegation would visit Wike? As of the time of this writing, I have not seen or read any direct response from him, but whatever it is, he must refrain from the twin temptations of contempt and arrogance. Let him visit Wike. Politics is all about Recognition, Respect and Relevance (the three Rs). That is all Wike wants. He needs that even if all it does is to energize his political libido. Let him visit all the aggrieved stakeholders of the party too if he must.
There are some Wike extremists within the PDP who insist that Okowa must be removed and replaced with Wike. I don’t think that would happen. The party and the candidate have gone beyond that. Governor Okowa in his own right has excellent credentials, although he too, can’t find his Secondary School Leaving Certificate! He is eminently qualified and experienced, they tell us. Nobody doubts that. It would be stupid to stay that he should step down. Indeed, his own supporters claim that the furore that has been generated by Wike not being chosen as Presidential candidate and his being ignored as a possible running mate is a strong vindication of Atiku’s choice and the preference of a quiet stakeholder and partner like Okowa. Someone in fact told me that Wike has shown that he would have created conflict in the Presidency, if the party wins. I was tempted to say that Atiku did precisely so during Obasanjo’s second term, and such a future situation would have been Karmic. But I kept quiet. Politicians don’t always like to hear the truth. What we know is that compatibility is crucial, and Atiku has chosen the man he feels comfortable with.
So, what is next? Wike’s supporters argue that if Okowa cannot be dropped, then Senator Iyorchia Ayu, the party Chairman, must go. Within 48 hours after the PDP presidential Convention, Senator Iyorchia Ayu went straight to visit Tambuwal in Abuja to declare him the “hero of the convention.” I thought that was very bad conduct on the part of the party Chairman. He was meant to be an impartial umpire, but by showing his bias so openly, he courted the current enmity that has been thrown at him. But beyond that is his own promise that if the Presidential candidate of the party came from the North, he would step down and allow a Southern Chairman of the party to emerge. Balance. Federal Character. Equity. Since the Convention, Senator Iyorchia Ayu has refused to move. He is the easiest victim within the PDP leadership hierarchy, nonetheless. If there must be a sacrificial lamb that would bring peace to the party, he must be willing and ready to take the bullet. He won’t be the first party Chairman to make such sacrifice. Let him know this: Even if Wike and gang forgive Atiku and embrace Okowa, they would not tolerate Iyorchia Ayu. Bite the bullet, Senator Ayu.
Already, Peter Ayo Fayose, former Governor of Ekiti State has been saying that the PDP cannot overlook the principle of Federal Character in Section 3 ( c ) of its Constitution. And when an attempt is finally made to reconcile with Wike and others, Alhaji Atiku Abubakar must lead the group personally. It is not for him to send for Wike or to send emissaries. He is the one who wants to be President. He needs everybody on board. He has promised to unify the party, the community and the country. He cannot do so from a high horse. He must “stoop to conquer”. One of the things being said by Wike’s supporters, for example, is that they are being treated as if they do not matter. They want to prove that they matter. Candidly, PDP leaders must not behave as if they have been cursed by the trickster god, known as Esu in Yoruba mythology. They must learn from the lessons of history. In 2015 and again in 2019, they lost the Presidential election because their home was divided. The situation today is similar. The thinking that Atiku gets all his votes from the North and would do so again this time around is entirely myopic. Every vote in every part of the country matters, including Wike’s only vote and the votes of his placard-carrying supporters, and all the overlooked aggrieved members of the party of which there are many.
Nyesom Wike has since returned from his much-publicized vacation in Istanbul, Turkey where I guess he ate a little turkey and licked some ice cream. My advice to him is that he needs to chill out as they say. When a child is beaten, he has every right to cry. When an adult is betrayed, he has every reason to be angry. Wike wanted to be Presidential standard bearer. He failed. He also lost the running mate slot. He was betrayed by those he didn’t expect would do so. He has been openly angry enough. The whole world has heard him. But he must take one lesson away from it all: in Nigeria, when you want something so desperately, nobody will give it to you. There would be more than enough people who would deny you that which you crave, to humiliate and humble you. Wike is without doubt, a victim of his own hubris and expectations, but he is also a victim, for the want of a better term, of the sadomasochism of the Nigerian elite political class. He should stop knocking his head against the wall.
Traditionally, when a child is aggrieved and he starts crying, every effort will be made to mollify him, but if he keeps on crying and wailing, after a while, he would be left alone and those seeking to appease him would adopt a wait and see position in the expectation that once he gets tired, he would keep quiet. Wike should not stretch his matter to that point. He also needs to avoid a situation where he would become the easy and convenient reference in the event that the PDP loses the 2023 Presidential election or the butt of jokes if the party triumphs. No tree makes a forest, except of course you are cut in the mould of an Obafemi Awolowo. And Wike is not of that mould.
The only group enjoying all of this would be Bola Tinubu and the All Progressives Congress (APC) Camp, and may be perhaps the New Nigeria People’s Party (NNPP), the Kwankwasiya party and also, the Labour Party and its Obi-dient crowd who claim that Peter Obi is the answer, or that the PDP belongs to the museum of political relevance or that Peter Obi left the PDP because he saw tomorrow. They all exaggerate of course. But leaders of the PDP must be careful not to lose the election before it takes place, with their own misconduct and greed. Senator Walid Jibrin, Chairman of the party’s BOT has already warned the rank and file to desist from acrimony. He has a point. Years back, a prominent member of the party told me that the result of any election is usually known six months earlier. He predicted correctly at the time that the PDP would lose the 2015 Presidential election because the party was divided right down the middle. The PDP has found itself in the same situation today. The party is running against time and opportunity. It is mismanaging its internal politics to the advantage of the opposition. It is about time Atiku Abubakar began to unify the party as promised. He must cut short his long vacation and get down to work. More importantly, he must beware of the aggrieved who have chosen to be calm and silent. Wike is a symptom, not the real problem.
Yesterday, Nigerians before mid-day, were treated to the news that Justice Ibrahim Tanko Muhammad, Chief Justice of Nigeria (CJN) had resigned his appointment on health grounds. Arise TV broke the news, and it was my lot to make the announcement, with Arise News quoting impeccable and credible sources. It was a day of excitement for me: it looked to me really as if the CJN had overstayed his welcome but at the same time it was on the same day that the Legal Practitioners and Privileges Committee of the Nigeria Bar Association, (NBA) shortlisted the name of Mrs. Abimbola Onikepo Braithwaite, editor of the Law pages of ThisDay newspaper, for the second year in a row as a potential Senior Advocate of Nigeria (SAN) under the academic category. Mrs. Braithwaithe has been a major force in the legal profession, using her platforms in the media and in practice to advance the cause of the rule of law, to explain the law, and promote enlightenment and the cause of justice on a weekly basis through the exalted platform of the This Day newspaper law pages. Her commitment in this regard has been exemplary. I find her analysis and choice of contributors and subjects consistently on point, making her law pages a weekly must-read for the learned and the unlearned and the general community, seeking deep insights into fine points of law. I pray she succeeds this time.
The final selection of the SAN Class of 2022 should be rigorous and thorough. The Silk must be a true garment of distinction, not a chieftaincy title. But of course, the bigger news was the sudden announcement of the resignation of His Lordship, Justice Tanko Ibrahim Muhammad as CJN. I wondered after reading the news: did he jump? Was he pushed? Is this just about his health?
What has been reported is clear: he resigned on health grounds. Ordinarily that should be enough. The job of a Supreme Court Justice requires that he should be compos mentis and enjoy the agility of the highest order to lead a nation-wide body of judex, provide leadership at the Bar and the Bench and at the same time run the activities of the apex court of the land. The CJN is also the Chair of the National Judicial Council, with all of that body’s sensitive responsibilities. He is the de facto head of the judiciary under Sections 6 and 231 of the Nigerian Constitution. Any drama, change, or withdrawal at that level of government cannot be taken lightly. A change of command at the apex court in an election season that has begun and the general elections just about seven months away, is also a matter of serious national consideration with implications for the entire democratic process, the judiciary being an aspect of that. Let no one be under any illusion: Tanko Ibrahim Muhammed’s sudden resignation as the Chief of Justice of Nigeria is not just one of those events. It deserves closer interrogation.
He assumed office as CJN under controversial circumstances, he has now stepped down in an even more controversial manner. He became a Justice of the Supreme Court in 2007, from the Court of Appeal where he served for 13 years, and became the Chief Justice of the Supreme Court, first in acting capacity on January 25, 2019, and then substantively, on July 24, 2019. He succeeded Justice Walter Samuel Nkanu Onnoghen whose exit from the Supreme Court Bench is probably the most controversial ever in the history of the Supreme Court. Many believe that Onnoghen was pushed out of office more for political reasons than for his own infractions. Onnoghen himself two years after his removal had cause to disclose that he was unceremoniously removed from office by the Buhari government because it was believed that he had a secret meeting with former Vice President Alhaji Atiku Abubakar in Dubai before the 2019 general elections. Atiku at the time, as he now is, was the Presidential standard bearer of the opposition party, the People’s Democratic Party (PDP)
In January 2019, a month to the general elections, Onnoghen was removed from office, via the instrumentality of an ex parte order, and tried before the Code of Conduct Tribunal on a six-count charge of corruption, including false declaration of assets, and the ownership of foreign currency accounts which were never declared. Onnoghen was convicted on all six counts and banned from holding public office for 10 years. He was additionally ordered to forfeit all the five accounts said not to have been declared by him between 2009 and 2015. Thus ended the tenure of the 15th substantive Chief Justice of Nigeria (CJN). Questions were raised about procedure, especially why the CJN as he then was had to be taken before the Code of Conduct Tribunal, instead of the National Judicial Council (NJC). Onnoghen insisted that he had done no wrong. Many Senior Advocates of Nigeria (SAN) and others observed at the time that, whereas Justice Onnoghen may have committed one or two errors of oversight, his removal was more about the 2019 election, and the attempt by the ruling party to seize control of the post-election process. Wherever he is today, Onnoghen must be having a smirk on his face. It is election season again, soon it would be time for another round of election petitions and tribunals, and another CJN has had to go.
Many in the know would readily whisper that Justice Ibrahim Tanko Muhammed has been very scarce in circulation for a while due to ill-health, but these persons also express concern about the timing of his exit, and the events leading up to his resignation. Last week, a letter was leaked in the public domain accusing the now former CJN of mismanagement of the resources of the Supreme Court and poor leadership. Fourteen Justices of the Supreme Court accused Tanko Muhammed, CJN (as he then was) of travelling up and down with his “spouse, children and staff” while Justices of the Court were not even allowed to go on training or travel with assistants. They said they work long hours daily without adequate access to power supply or internet services, and that the state of affairs in the Supreme Court of Nigeria had become deplorable. They accused the CJN of running a one-man show and ignoring important matters of welfare. They said “this is unacceptable”. They threatened “to take further steps”.
The CJN fired back through his spokesperson, Ahuraka Yusuf Isah, who wrote that the Supreme Court is “affected by the economic and socio-political climate prevailing in the country.” It is standard practice these days for persons in leadership positions to blame climate change and the environment for their own failures. I was surprised Justice Tanko Muhammad did not blame the Russia-Ukraine war for the lack of diesel and internet services at the Supreme Court of Nigeria! He accused his brother Justices of “dancing naked at the market square”, and gave a small, incoherent lecture about how budgets are made and managed, and an additional rigmarole about deaths and transfers at the Supreme Court. He concluded: “the general public should be rest assured that there’s no hostility or adverse feelings amongst the Justices of the Supreme Court, as everyone is going about his normal duty.” Of course, that is not true. The judiciary, the third arm of government under the doctrine of the separation of powers, has never been more divided. The import of the letter by the 14 Justices was that they had lost confidence in the leadership of Justice Tanko Muhammed. The letter was so strongly worded, the tone so dismissive, it was evident that I.T. Muhammad, JSC had lost the moral authority to lead the apex court. He cited ill-heath as the ground for his resignation. It is God that heals. Anyone can fall ill, even the Constitution recognizes this at Section 231(4). We should wish Justice Tanko Muhammed speedy recovery, but it was best he withdrew himself from further embarrassment, and the Supreme Court from further ridicule.
Indeed, before he threw in the towel, the Nigerian Bar Association (NBA) through its President, Olumide Akpata waded into the matter and concluded that “there is a clear need for mechanisms to be put in place to ensure that the Judiciary (with the Supreme Court leading the charge) is providing the necessary template to other arms of government on transparent procurement and budgeting. This will reduce the perception in some quarters that the judiciary is not accountable to anyone and is also not self-regulating.” As if it was meant to be a follow up to this, a human rights lawyer and activist, Malcolm E. Omirhobo through his law firm, Malcolm Omirhobo & Co wrote a Freedom of Information (FOI) request letter to the former CJN asking for details of transactions of the Supreme Court from 2019 till date. The FOI Request letter demanded: (1) “proof of receipt of total funds disbursed to your Lordship from the National Judicial Council as head of the Supreme Court of Nigeria; (2) The Financial Statement of Accounts of the Supreme Court of Nigeria from the 1st day of January 2019 to date; (3) Proof of the total expenditure of the Supreme Court for the period of 1st January 2019 to date… (4) Payment vouchers for projects; (5) The total amount realized from Internally Generated Revenue…” For record purposes, Malcolm Omirhobo is the same lawyer who showed up at the Supreme Court on Thursday, June 23, 2022, to protest against the judgment of the court sanctioning the use of hijab by female Muslim students in Lagos state public schools (per Lagos State Government vs. Asiyat Abdulkareem). Omirhobo, claiming to be expressing gratitude and solidarity over the ruling abandoned his regulation dress code as a lawyer and showed up as an “Olokun” priest in court. He has since continued to show up in court in the same attire while urging everyone to emulate his example and go to work in their religious habiliments. His protest is a fine piece of satire and sarcasm.
This was not the least episode in Justice Tanko Muhammad’s histrionic tenure as Chief Justice of Nigeria. He assumed office at a time of low confidence in the Nigerian judiciary. He has left it in a worse place, further eroding the integrity of the entire system. Under Justice Tanko Muhammad’s watch, there were frequent cases of indiscipline on the Bench which the National Judicial Council struggled to address without success. Judges and lawyers openly abused court processes, with courts of equal jurisdiction violating elementary rules of procedure. Ex parte orders became so commonplace you would think ex parte was the name of a special delicacy at a fast food joint. Within three years of the former CJN’s leadership, it became difficult to tell the difference between judges and politicians in many parts of the country. Lawyers were so desperate they became forum and ambulance chasers! Many appointments to the Bench including the Court of Appeal were controversial. Judgements were delivered based on technicalities with the most notable in this regard being the mathematical conundrum in the Imo Governorship case.
The age of judicial activism and robust intellection was gone. Judges who would love to make the extra effort probably did not bother, confronted as they were, with contradictions in their place of work – the temple of justice. Justice Tanko Muhammad was the 16th Chief Justice of Nigeria (CJN). In terms of ranking in that office, he would probably literally be ranked in that same position among his peers. President Muhammadu Buhari probably has a different opinion as I guess, many others. In his remarks at the inauguration of Justice Olukayode Ariwoola as Acting JSC, on Monday, June 27, 2022 at the State House Abuja, he conferred, after a fashion, the second national honour of the Grand Commander of the Order of the Niger (GCON) on Justice Tanko Muhammad. He also said of him: “History will be kind to Justice Tanko Muhammad for his modest contributions to Nigeria’s judiciary, the strengthening of our democracy and national development.” It seems to me that time is the final arbiter of all things, and of course, time will tell.
But the point has been made in some quarters that perhaps Justice Muhammad was pushed out of the door, - and not for health reasons - but because his brother Justices who had lost confidence in him, were beginning to show signs of anger and restlessness. They even threatened to stop sitting. Imagine Justices of the Supreme Court of Nigeria going on strike! In fact, a Supreme Court that some people believe is rather lenient with political leaders suddenly delivered a hammer blow the other day. For example, in a recent ruling, in the matter of Section 84(12) of the Electoral Act 2022 brought before the Court by President Buhari and the Attorney General of the Federation, Abubakar Malami, SAN, the Supreme Court practically rebuked both the President and the AGF for seeking to use the court to violate the legislative supremacy of the National Assembly. A panel of seven Justices dismissed the suit as an abuse of judicial process! Does this have anything to do with the former CJN’s exit?
Whatever it is, there is still some unfinished business around and about his resignation. Justice Walter Onnoghen lost his position in 2019, as a result of a petition by a civil society activist, raising issues of corruption. The Federal Government pounced on this and hounded him out of office. Justice Tanko Muhammad was openly accused by his own team in the apex court, including the next person to him in terms of seniority, Justice Olukayode Ariwoola who has now succeeded him in an acting capacity, pending the activation of due process leading to his own eventual confirmation. The former CJN should not just exit like that. His colleagues, the NBA and the activist, Malcolm Omirhobo have raised questions about transparency and accountability. Those questions must be addressed. Really, how much was collected? How much was spent? What kind of budgeting and expenditure systems exist at the apex court?
Justice Ariwoola who has now taken over the mantle of leadership at the Supreme Court has his job cut out for him. The first thing is to rebuild morale within the judiciary, starting from the apex court. The second is to dispel the clouds left behind by his predecessor with regard to funds management and welfare. The third is to do everything to raise the profile and integrity of the judiciary. He has the lessons of history behind him, and the experience of his two immediate predecessors and their circumstances.
“Wahala be like bicycle” is an expression that most people familiar with Nigerian street lingo would easily identify with. It refers the unusual, the dramatic, a shocking development in the course of normal business. “Wahala” is actually a Hausa word, in terms of its linguistic origin, since incorporated into the normal run of Nigerian expressions. The phrase has also since been turned into music by UZBOI featuring TEESWAG (January 2021). It would one day get into the Oxford Dictionary of Modern English.
This is of course not the same thing as that recent bicycle event of 79-year-old US President Joe Biden getting his feet hooked in the pedal of his bicycle in Delaware, and falling down. Biden stood up and did some small jumping up and down to show that all was well and his doctors confirmed same to be true. The “Wahala” that this piece discusses is of a problematic kind: enormous “walaha” and crisis in the Supreme Court of the Federal Republic of Nigeria. The Supreme Court, here or elsewhere is the apex court of the land. It is, in defining its character, not an infallible court, but it is final because its decisions are final; per Oputa JSC in Adegoke Motors vs Adesanya (1989).
The only recourse beyond the Supreme Court is God, not even the West African Court of Appeal can overturn this apex court. Only the Supreme Court can rehearse its own decisions and reverse itself. Its word, so to speak, is law. It is indeed for this reason that the Justices of the Supreme Court and the entire judiciary, deriving their locus and powers under Section 6 of the 1999 Nigerian Constitution, and the doctrine of the separation of powers as articulated for eternal relevance and coherence by Baron de Montesquieu in 1748, constitute a major pillar of the balance of powers in society and the protection of the rule of law. It is not for nothing that the Supreme Court has been celebrated as the last hope of the common man, that final temple of justice where the law lords define the law, give the law and interpret the law to modulate and to ensure social justice. Years ago, I had the great pleasure of writing a long Man-of-the-Year-Essay in The Guardian newspaper of Nigeria, in which the Editorial Board of the newspaper chose the Nigerian judiciary as the most impactful defender of the people’s rights and the rule of law. It was my job to write the essay. I waxed lyrical.
It is therefore sad that the same Nigerian judiciary is now being spoken about by the same Nigerians and the same country that once looked up to it, as a victim of the proverbial Nigerian factor, a shadow of its former self, and at best a parody. The condition of the Supreme Court today, is particularly pathetic. The kind of abuse, humiliation and ridicule that the Nigerian courts have been subjected to, especially the Supreme Court of Nigeria and its justices, has very few precedents elsewhere, except may be notably, India and Pakistan. A compromised judicial system and a divided, disoriented Supreme Court is of no use to the advancement of the rule of law or the democratic process. The judex are expected to be above board and to be impartial unto death. Their code of conduct forbids them from jumping into the arena of partisan politics. They are required to be independent, utterly without bias and guided strictly by the law, and their oath of office to interpret the law and deliver justice without fear or favour.
With regard to these principles and their value in Nigeria, there is cause for worry. And it is indicated in the following shape. Yesterday, 14 Justices of the Supreme Court of Nigeria, wrote a letter now in circulation, and addressed to their boss, the Chief Justice of Nigeria, Tanko Abdullahi (CJN), titled: “The State of Affairs in the Supreme Court of Nigeria and Demand by Justices of the Court.” It is a blistering, sucker-punch, indictment of the sitting CJN. It is important to reproduce some of the stated concerns. Their Lordships, 14 of them, wrote as follows: “My Lord The Honourable Justice of Nigeria, we, the Justices of the Supreme Court of Nigeria, carefully reviewed the state of affairs in this Court, and unanimously resolved to write formally and draw the attention of Your Lordship to our demands. As a Preamble, let it be clearly understood that the resolution to write Your Lordship was reached with sense of responsibility. We are serving this country diligently and to the best of our ability. We resolve disputes between the Executive and the Legislature including all manner of disagreements, between governments and individuals. We are responsible citizens of this country. It would be a tragedy if the Nigerian public were to know that we are unable to resolve our problems internally without going public. The decision to write you formally must be seen by Your Lordship as an effort on our part to preserve the dignity of the Judiciary and the respect accorded to us by Governments and the people of Nigeria. God forbid the day that our internal issues become a matter of National discourse.”
My take: Sorry, Mi’Lords, that day has passed. The rot in the Nigerian judiciary has since been a matter of enduring concern. The harassment of judges by the Economic and Financial Crimes Commission (EFCC), the abuse of ex parte applications by judges and lawyers, the blatant violation of rules of procedure and practice directions, and the utter disrespect for the Bench by both lawyers and litigants, with spoken and unspoken allegations of corruption, compromise and sheer abuse had served the signal that all has not been well with the Nigerian judiciary. Now that there is turmoil even at the level of the Apex Court, the country’s court of last resort, there is cause for anxiety, if not outrage. Their Lordships talk about not going public, again sorry, the matter is now public and it is a proper subject for national discourse. Whoever leaked the letter to the CJN for public consumption and attention has done so intentionally. It is however, good that we are allowed to know that the Supreme Court of the land has internal problems. Really?: The CJN has completely ignored the report to that effect since March 24? Justices of the Supreme Court claim further, that they have no access to the internet. They also do not have enough complement of vehicles, and even the ones that they have are “either refurbished or substandard”. Justices cannot go for trainings either but the CJN travels with his own “spouse, children and personal staff.” They even suggest corruption: “We demand to know what has become of our training funds, have they been diverted, or is it a plain denial? Your Lordship may also remember that the National Assembly has increased the budgetary allocation of the Judiciary. We find it strange that in spite of the upward review of our budgetary allocation, the Court cannot cater for our legitimate entitlements. This is unacceptable!”
I cringed reading the foregoing lines. But the letter is even far more damning with serious additional complaints about lack of medical care for judges, decadence of the courts, and “the implication that this arm of Government is potentially shut down”. The other day, magistrates in Cross Rivers State carried placards and went to the streets in protest. The emerging Supreme Court debacle is very much after the same fashion. What exactly is left of the rule of law and the justice administration system if justices of the land’s apex court begin to carry placards about their conditions of service? I have searched in vain so far for a denial of the contents of the letter in question, to protect myself, from the error of contempt ex facie curiae involving the apex court of the land, but I have not seen any statement by any of learned Justices disowning the damning statement that has been in the public domain so far. What rings in my head, and is beginning to give me headache, is their threat to the CJN: “It is either you quickly and swiftly take responsibility and address these burning issues or we will be compelled to (take) further steps immediately. May this day never come.” What further steps? Would the Justices of the Supreme Court of Nigeria stop sitting? That indeed would be the day!
The fact that a statement such as the one above, hat I have quoted in extenso regarding the Supreme Court in Nigeria, is in circulation is an indication of the rot within the Nigerian system. It simply means that no section of Nigeria is immune from violation. Nigeria, it is commonly said happens to people, classic euphemism for failure and collapse. If Nigeria happens to the common man’s last bastion of hope, routinely identified as the Supreme Court, then everything is lost. A deprived Supreme Court and judiciary as described can of course, be easily compromised. In an election season, that would be a prescription for anarchy. Those who condemn the Nigerian judiciary already observe for example, that basic civil cases are piling up at the Supreme Court while political cases are treated with the speed of light! This is all things considered, a sad development. There are critics of the Nigerian judiciary who consistently posit that the golden days of the Nigerian Supreme Court are long gone. Shockingly, it has been more than 30 years since the Supreme Court of Nigeria was considered golden.
Once upon a time in this same country, and notably, under military rule, this was the same Court on which Bench sat legends of the law like Kayode Eso, Chukwudifu Oputa, Andrews Otutu Obaseki, Ayo Irikefe, Chukwuenike Idigbe, Augustine Nnamani, Mohammed Bello, Adolphus Karibi-Whyte, Ephraim Akpata, Bola Babalakin, Anthony Aniagolu and others. On both the Supreme and Appellate Courts, these justices gave Nigeria an image of the role of the law as an instrument for nation-building. For more than a decade they spoke the law to power. They were fearless, independent, firm and robustly intelligent. They were leaders of an incorruptible court, dramatized for posterity in D. Olu Adegoke’s play, The Incorruptible Judge (Evans Publishers, 1962). The men we remember were first class jurists, with background in law and the humanities – Classics, Philosophy, Literature. Some of them could speak Latin, they could quote Shakespeare, and deploy wit, depth and wisdom in an effortless manner. They used the law as an instrument of value and as a social modulator, for the benefit of humanity. They were judicial activists whose heroism could be seen in the manner in which they stood for the rule of law and against military and civilian potentates who sought to violate the people’s rights as seen in such cases as Federal Civil Service Commission vs. Laoye; Ojukwu vs. FG; AG Bendel vs AG Federation; AG Ogun State vs. Federation; Garba vs. University of Maiduguri; Gani Fawehinmi vs. NBA. Their story has been told in a more nuanced manner in Professor Itse Sagay’s Book, A Legacy for Posterity: The Works of the Supreme Court, 1980 – 1988.
I had a more personal and direct intimation of the heroism of this class of Justices during a conversation recently with Dr. Wale Babalakin, SAN, son of the legendary Justice Bola Babalakin. I was waiting at an elite lounge of the Murtala Muhammed International Airport for a private jet, to take me to Abuja, when Babalakin walked in and asked me if I would join him, since he was leaving immediately. Don’t ask me what a journalist was doing in a private jet lounge. Na today? Nigerians like to abuse and insult journalists, wrongly and stupidly. Some useless people in fact, just recently attacked my colleagues who had gone to cover the arrival of Asiwaju Bola Ahmed Tinubu, Presidential candidate of the ruling party, the APC, from Abuja to Lagos, and I hope those guys will be identified and punished. The whole drama was pointless anyway. Peter Obi, Presidential candidate of the Labour Party went all the way to the Land of the Pharaohs, in far-away Egypt and came back, there was peace, nobody’s skull was cracked. Asiwaju Tinubu went to common Abuja that everyone goes to, and Lagos would not rest. He was the one, not Peter Obi, that brought back a pyramid of chaos. My friend, Gbenga Omotoso, Lagos Commissioner for Information and Strategy says it is all lies. But let me go back: Here was an opportunity, the other day, for me to get to Abuja early, and Babalakin is a good guy, so off I went with him.
In the course of our hour-long trip to Abuja, we ended up discussing this and that, and the state of the nation’s judiciary was our main topic, not knowing that there would be a bombshell coming from that direction in a matter of days. He was restrained. He did not want to make comments about serving Justices. But he was ready to talk about his Dad - what he learnt from Justice Bola Babalakin and also from Chief Rotimi Williams, the first Nigerian to become an SAN, the legendary Timi the Law - who for more than five decades dominated the Nigerian litigation landscape like a colossus, and who took him under his wings. It was not yet Father’s Day, which was celebrated only a few days ago, but Babalakin could well have been singing Luther Vandross’s classic song, “Dance with My Father” (2003) before Father’s Day. Justice Bolarinwa Oyegoke Babalakin, JSC, CON, CFR, certainly made a great impression on his son. He spoke about him from Lagos to Abuja. It was a story of responsible leadership at home, in the community, and the country, a man who held his own on all fronts at home and in the outside community, a jurist who remained a shining light and reference point till the end of his life. I could feel the chemistry between father and son, even if one was dead and the other is the inheritor of a distinguished legacy. I thought Wale Babalakin, SAN, sounded like he would love to be like his Dad but the times are different. His Dad, from his own account was a simple, modest man, who shunned the glitter and just wanted to serve humanity. Generations of jurists trooped to Gbongan, a quiet, rural community to drink from the fountain of Justice Babalakin’s wisdom.
It is sad that the same supreme Court that he and his contemporaries and immediate successors helped to build into a great institution is now the same place where, if care is not taken, would be dragged ridiculously on social media and trashed unapologetically by politicians who would not allow any cheap opportunity to pass. We need to rescue the Nigerian judiciary from the pedals of “wahala.”
Yesterday, Nigeria declared a public holiday, and marked the 29th anniversary of June 12, 1993, the day Nigerians trooped out en masse to elect Bashorun Moshood Kashimawo Abiola, a South Westerner, a Yoruba man, as President of Nigeria. On that day, Nigerians discounted primordial sentiments and ignored the centrifugal forces at the heart of the Nigerian question. For the first time since the first legislative election was held in Nigeria under the Clifford Constitution in 1922, the usual divisive factors of religion, geography and ethnicity, did not matter. Abiola was a Yoruba man. He won convincingly in more than the two-thirds of the states required by the Constitution. He even beat his main opponent, Bashir Tofa, of the then National Republican Convention (NRC) not just in the pre-election debate and campaigns, with his wit, humour, knowledge, stature and charisma, he went ahead to trounce Tofa in his own ward and state in Kano. It is instructive that Bashir Tofa has remained a footnote in Nigerian history since then. He was no match for Abiola and has not even been able to match him in death.
Abiola did something unusual. He presented before Nigerians, a Muslim-Muslim ticket. His running mate was Baba Gana Kingibe, another Muslim, a Northerner. Nigerians didn’t bother about that. They wanted change. They wanted progress. They sought freedom from the shackles of military tyranny. Abiola preached a message of hope. Since the January 1966 coup led by Major Kaduna Nzeogwu, truncating the liberation from colonial rule, Nigeria found itself in the grips of corrosive, corrupt, and obnoxious military rule. There was a brief spell of civilian rule between 1979 and 1983, but the military seized power again, at a time when strong-man, military rulership was the mode in most African countries. In the 1990s, a wave of democratization eventually took hold in the global arena and Nigeria feeding on this, under General Ibrahim Babangida, launched a political transition programme that became an exercise in trickery and deception.
This also was the season of glasnost and perestroika, a big unraveling and the end of the Cold War and the beginning of transformations across the globe. Nigeria got caught in that cauldron of change. MKO Abiola, as events happened, won the election. But he was denied victory on June 24, 1993, with the annulment of the election. General Ibrahim Babangida, IBB as he is also known, was the head of the military junta that committed this perfidy, this subversion of the people’s will, and although he has claimed that he was not alone and that his hands were tied, the event of June 12, 1993, an election won by a man he considered his friend, will remain a day in infamy as a symbol of betrayal, insincerity and political suicide of the first rank. It must be remembered that Abiola’s victory would have marked a second liberation for Nigerians, liberation from the shackles of military tyranny, even if now in retrospect, nobody can say definitively how that denied Presidency would have turned out. It was all a matter of justice, democracy and the people’s sovereignty. It is therefore poetic justice that June 12 has remained a major signpost in Nigerian history. It is also remarkable that President Muhammadu Buhari is the one who decided to move Democracy Day from May 29, the traditional day for handing over of batons in the nation’s calendar, every four years, to June 12, to remind all Nigerians of the significance of that date. This will form a major substance of Buhari’s legacy, at the level of simple commonsense, if not any heavy substance.
What endures is the symbolism and martyrdom of MKO Abiola, and what Buhari has done is to take that phenomenon to an appropriate location in national memory in a country where it is ever so convenient to forget. For the benefit of those who may have forgotten, Nigeria became a pariah nation. The international community turned against Nigeria. Civil society groups rose against the Nigerian government. The green passport became a source of embarrassment in all parts of the world. It was a difficult season to be a Nigerian. The media, the church, and progressives of all hues took to the streets and stood at the barricades to demand an end to military rule and the restoration of Abiola’s mandate. IBB, now known as the Maradona, stepped aside. An interim government led by Chief Ernest Shonekan, better described by the Yoruba phrase “fidihe” government took over, but that government lasted only 83 days. It was eventually booted out by the dark-goggled General Sani Abacha, who imposed a reign of terror on the country. Journalists were murdered. Where the husbands could not be found, their wives and new babies – Dapo Olorunyomi’s new born baby for example, were targeted by “the wereys” that had taken over Nigeria. MKO Abiola stood firm. He had the support of committed democrats and progressives from every part of Nigeria. He led the struggle with courage and resolve at great personal risk. On July 11, 1994, he made the Epetedo Declaration.
It was a statement of defiance, bravery and heroism. He eventually paid for that with his life. What Buhari has done in this part of Nigerian history by declaring June 12 - Democracy Day, is to deal a mortal blow to the revisionist attempt to reduce June 12 to a Yoruba struggle. It was not. It was a pan-Nigerian attempt to save Nigeria. The beneficiaries of the martyrdom and the heroism of others have not necessarily been the right persons. Joe Igbokwe has written an instructive book in this regard titled “Heroes of Democracy.” There is also June 12: The Struggle for Power in Nigeria by Abraham Oshoko. Other books of interest would be those by direct participants in the saga including The Struggle for June 12 by Frank Kokori; The Tale of June 12 by Omo Omoruyi, Clapping with One Hand: June 12 and The Crisis of A Nation by Olawale Oshun; and Humphrey Nwosu’s Laying the Foundation for Nigeria’s Democracy: My Account of June 12, 1993 Presidential Election and its Annulment. Nwosu was the Chairman of the National Electoral Commission (NEC) that conducted the 1993 elections. The June 12 crisis destroyed his career in the public arena.
June 12, 1993, this year is being commemorated at an auspicious moment. The Party primaries have been concluded. Presidential standard bearers have emerged. It is no longer the season of military rule – Nigerians have since said “Never Again” to that but old anxieties have not disappeared. In 2014/2015, Nigerians thought they wanted change. They asked for it. The only change they got was the change of personalities, and the worsening of the Nigerian condition. Eight years later, nobody can boast that the Buhari administration has been able to change anything or inspire hope. Rather, Nigerians are looking back to the past in anger. Many even thought former President Goodluck Jonathan should return to rescue the country that he handed over to the exceptionally clueless gang that took over from him. That has not happened, and I hope all the noisemakers who thought that was even possible in the first place would be humble enough to think twice. Where then, are we, as a country?
We are preparing for the 2023 general elections. We have 17 or 18 Presidential candidates. INEC, the electoral umpire has set a deadline of June 17 for the uploading of names and affidavits on the INEC Nomination Portal. The INEC Chairman, Yakubu Mahmood has announced the relevant conditions and guidelines. As of the time of this writing, only the All Progressives Grand Alliance (APGA) has announced its Presidential running mate; by this time next week, all running mates at the Presidential level would have been announced. Given the nature, structure and circumstances of Nigerian politics, the 2023 process has already been reduced to a two-horse race, between the PDP and the APC. Some commentators argue that attention should be paid to the Peter Obi phenomenon. Quite rightly so. He was a two-time Governor in Anambra State under the platform of APGA. He later switched to the Peoples Democratic Party (PDP). In 2019, he was chosen as running mate to Atiku Abubakar of the PDP. In 2023, he declared interest to run on his own on the platform of the PDP. He has since gone to the Labour Party (LP) where his major challengers have turned out to be his own Igbo kinsmen, Callistus Okafor and co, at a time when Ndigbo, having been denied a top spot placement in the PDP and APC needed a platform of their own to project the idea of an Igbo Presidency.
There are about five Igbos as standard bearers in the 2023 process: Dumebi Kachikwu (Delta Igbo- ADC)..Peter Umeadi (APGA), Peter Obi (Labour Party), Okwudili Nwa-Anyadike (NRM) and Dan Iwuanyanwu (ZLP) but Ndigbo is not talking about their own. They are talking about a meeting to decide who to choose between Atiku (PDP) and Bola Tinubu (APC). Peter Obi is clearly the frontrunner among the Igbos on the list. He enjoys massive support among young people of Nigeria, particularly from the South. They call him Obi-Bangladesh, Obi-China because of the transformative ideas that he espouses. But he is at best, probably a man ahead of his time. Social media does not win elections. On the practical field of play, Peter Obi does not have Atiku’s or Tinubu’s kind of money in an election that is already a cash and carry affair. On that list of standard bearers, there is also Senator Rabiu Kwankwaso of the New Nigeria People’s Party (NNPP), a man who is defined by Kano politics and his own politics of personality. Kwankwaso’s best bet is Kano, not Nigeria.
There is also Lateef Kola Abiola, the first son of Bashorun MKO Abiola, as flagbearer of the Peoples Redemption Party (PRP). My suspicion is that LKA is just showing face, but his effort is noteworthy: The son who wants to redeem his father’s legacy! Omoyele Sowore (AAC) wants to take Nigeria back to the people who truly own it, but the established rent-collectors, “the political profiteers, the swindlers, the men in high and low places that seek bribes and demand 10 percent, those that seek to keep the country divided permanently..., the tribalists, the nepotists, those that make the country look big for nothing before international circles, those that have corrupted our society and put the Nigerian calendar back by their words and deeds” will not allow him. They did not allow Awolowo. They did not allow Abiola. They will certainly not allow Obi, Sowore or anyone who sounds like they want change.
This is why the two prominent figures we are left with are Atiku and Tinubu. The duo offers us, same of the same. They have both been promising change, progress and development. They are both not in a position to change anything. They won’t. Nigeria is in a difficult place, confronted with the equivalent of a Hobson’s choice. It is also perhaps why the major argument today is the choice of a running mate for Atiku and Tinubu. Ordinarily, a Vice President occupies “an awkward office” as US Vice President Walter Mondale once argued. Thomas Marshall, Woodrow Wilson’s Vice President for eight years said “The only business of the Vice President is to ring the White House every morning and ask - what is the state of the health of the President?” The Vice President of Nigeria does not even have as much power as the VP in the United States who has a voting slot in the event of a tie in Congress. Nigeria’s VP is a creation of Section 141 of the 1999 Constitution. He is a member of the Executive Council of the Federation, also, the National Security Council, Chairman of the National Economic Council, and a number of parastatals including the National Boundary Commission. His real and relative power however depends upon the duties delegated to him by the President who within the purview of Section 5 of the 1999 Constitution is a monarch, regardless of Section 141 of the Constitution. The value of the Vice President is provided for strictly with regard to the obvious purposes of ethnic and geographical balance, federal character, inclusion and willy-nilly, as a spare tyre in the event of the President’s travel on holiday, death, permanent incapacity, removal from office, or resignation as defined in Sections 143 – 146 of the Constitution.
This matter is so important that after the conclusion of the party primaries on Thursday, June 9, 2022, the main task is now the announcement of running mates by the Presidential candidates. Everything is tied to this ahead of the June 17 deadline that has been announced by INEC. The focus is on the two main candidates: Atiku and Tinubu. For Atiku, the task is probably easier. His choice is limited to a Southern running mate of Christian extraction. He cannot choose a Muslim. He cannot choose a Northerner. To do so would be suicidal. In the last week, his choice has also been narrowed down to two names: Nyesom Wike, Governor of Rivers State and runner-up to Atiku in the PDP presidential primary, and Ifeanyi Okowa, former Senator and Governor of Delta State. Both are Christians. Of the two, Wike is Atiku’s best bet. He may come across as brash and intemperate, unlike the more urbane Okowa, but Atiku does not need an “ice cream seller” or “a tomato seller” who cannot win massive votes. Wike has built for himself a broad network of influence across Nigeria that can help the PDP. He has strong administrative experience: Chief of Staff, Minister of State and two-term Governor, and enough financial war-chest that can shock even Elon Musk. Okowa has issues even in his own home state. He has very little name recognition. Atiku can choose Wike and tame him to learn how to be sober.
Tinubu has a bigger challenge. He wants to win. He and Atiku are on the last mile with their ambitions. It is now or never for them. Whereas it would be easy for Atiku to narrow down his choice for a VP, for Tinubu, it is a different ball game. We understand he is better off with a Muslim from the North, preferably from the North East. There are good and bad Muslims. If Tinubu must pick a Muslim running mate, as has been argued, his best choice is Kashim Shettima, former Governor of Borno State.
“When the day of Pentecost came, they were all together in one place/Suddenly a sound like the blowing of a violent wind came from Heaven and filled the whole house where they were sitting/They saw what seemed to be tongues of fire that separated and came to rest on each of them/All of them were filled with the Holy Spirit and began to speak in other tongues as the Spirit enabled them” – Holy Bible (NIV), Acts of the Apostles – 2:2
It was Pentecost Sunday on June 5, the day Christendom celebrates the descent of the Holy Spirit on the Apostles as seen in Acts of the Apostles: 2:2 - but in Owo, Ondo State, Nigeria, it was Black Sunday, as demons from nowhere descended on St. Francis Church, Owa-luwa Street in that historic town. It was 12 noon. The Mass for the day had just ended, but as the congregation filed out of the Church, they were confronted by a team of daredevil assailants who first detonated an Improvised Explosive Device (IED) – so the Police Command says, before turning their guns on the hapless, unsuspecting worshippers. In broad daylight, the House of God became a war zone and an abattoir. More than 38 persons including the aged, children, men and women were mowed down, massacred. It was a most heinous scene of mass murder. Church officials quickly shut the doors to the church, and began to work their phones as the massacre continued outside. The people were helpless. No help came. It turned out that the police unit in the town did not have operational vehicles! By the time the madness was over, the floor of the church had turned crimson red. It was a gory sight of blood, tears and sorrow. St Francis Church is less than 200 metres away from the palace of the Olowo of Owo, the town’s traditional ruler. The dead and the injured were taken to the Federal Medical Centre and St. Louis Hospital, from where doctors sent out distress calls to the public, begging anyone with blood in his or her veins to rush down to donate blood, in order to save lives.
This happened a week after the Prelate of the Methodist Church of Nigeria, Bishop Samuel Kalu-Uche and two others were abducted in Abia State. They regained freedom only after paying a ransom of N100 million. On Saturday, June 4, at the Lugbe market in Abuja, a 30-year old member of a local vigilante group was killed for committing what was called “blasphemy”. The same day, gunmen invaded the home of a Catholic priest at St. Mary Immaculate Church in Aho Community, Owukpa in Ogbadibo Local Government Area of Benue State. The priest was not at home at the time of the attack, so his cook was abducted. It would be recalled also that in May, Deborah Samuel, a 200 level student of Shehu Shagari College of Education was also lynched and set ablaze for blasphemy. In the last two months alone, there have been reports of attacks on churches and abduction of priests and church-goers including Saint Patrick Catholic Church, Gidan Maikambo in the Kafur LGA of Katsina State – two reverend fathers and two boys, also at Saint Pius X Parish, Ikot Abasi Akpan in Akwa Ibom State – a catholic priest, and at Solid Rock Kingdom Church where the founder, clergyman John Okoriko was kidnapped.
Also, on March 28, over 100 persons travelling by train between Abuja and Kaduna were attacked by terrorists. Many died. Many were injured. Over 60 persons were abducted. More than 70 days later, they are still in the custody of their terrorist-abductors. In the South East, violence has become routine – in Anambra, in particular, where an emergent group that goes by the name of UNKNOWN GUNMEN has developed a signature style of attacking Local Government headquarters, police stations, and army formations, in open defiance of the rule of law. They also decapitate their victims, after killing them. The North East, the hotbed of terror and insurgency for more than 12 years remains unsafe. The North West is not safe either. Ethno-religious violence in the Middle Belt has reignited old animosities and sentiments. The South West which has been relatively safe in more contemporary times, has now been thrown into a regime of fear and confusion. Owo which had been a peaceful community, for example, has been robbed of its innocence forever. There are parts of the Northern flank of Yorubaland that are now regarded as the den of kidnappers. Fears have been expressed that there are sleeping cells of terrorists who have infiltrated every nook and cranny of Nigeria waiting to pounce and attack whenever their puppeteers give them orders them to do so. These narratives as reported have been horrifying: whole families have been wiped out, a couple visiting family friends was slaughtered, dreams have been shattered, hope has been damaged.
What is happening in Nigeria? The Pope has prayed for the victims of the Owo massacre and for Nigeria. Yesterday, the leadership of the Christian Association of Nigeria (CAN), Owo Local Government Area held a prayer session at the premises of St Francis Church, Owo and also held a protest over the “evil” occurrence. Owo Council CAN Chairman, Revd. Joshua Oladapo said: “This is a clarion call, to not only the Nigerian leaders but the international community that these incessant attacks on, most especially the Christian body, the peaceful communities in our nation, should not continue.” The point needs to be reiterated that nobody deserves to die or suffer the way Nigerians die, get killed, massacred, beheaded, displaced, assaulted, crushed, and endangered in a mindless manner that throws up a gory spectacle of man’s inhumanity. Human life is the cheapest commodity in Nigeria. Listening the other day, to an interview with Methodist Prelate, Samuel Kalu-Uche and his graphic description of his encounter with his abductors and their glittering, well-sharpened blades of death and the evil in their souls, was scary enough. Nigerians are taken like lamb to slaughter in the North, the East, the South and the West, because the state has failed the people. The state stumbles and falters and the people pay the price for its inefficiency, incompetence and lack of will power to do good in the form of body bags and unending jeremiad. It is ironic that even those who visit mayhem on the land justify their actions on the grounds that they too are angry with government or politicians. There can be no justification, however, for the reign of evil that we have seen. Even the unborn is no longer guaranteed any dignity in Nigeria. In the March 28 attack on the Abuja-Kaduna train, two pregnant women were abducted along with others. One of them gave birth while in captivity. The terrorists even invited their own doctors and midwives to attend to her! Terrorists in Nigeria run medical services and have access to medical consultants. The woman and her child are still in that space. The other pregnant woman was released on “compassionate” grounds. Sad.
While both Christians and Muslims have suffered the pain and misfortune of being Nigerian, living inside Nigeria – that would seem to be the collective burden we all share, in other words, the thingi-fication of our citizenship, it is curious that Christians, Catholics in particular are the main targets of the hoodlums wreaking havoc on the country. The Nigerian Constitution guarantees the right to life (Section 33), right to the dignity of the human person (Section 34), the right to the freedom of thought, conscience and religion (Section 38) and the freedom of assembly and association (Section 40). In Borno, Anambra, Kaduna, Plateau, Sokoto and Owo, these rights are violated with utter impunity, and yet nothing happens until the same rights are violated again.
The pattern is poignantly familiar: some demons show up and inflict injury on our collective psyche, the Nigerian government at all levels, issues statements of condolences and commiseration, and prayers, threats are further pronounced to the effect that the perpetrators of the “heinous, evil, grievous, dastardly, callous, inhuman act will be brought to justice.” In fact, “the government will spare no effort and leave no stone unturned, and will make sure that all resources of state are deployed to address the security challenge in the country.” Everyone says more or less the same things. The vocabulary for addressing mindless killings is so limited that it now sounds like fancy semantics. After a few days, the government and the professional mourners move on with their lives. Nobody learns any lessons. Nobody makes any effort. Shortly after, another violent event occurs and we go through the same routine again, like a perpetual Mobius Strip, in a cyclical bind. If it is possible to even benefit from the misfortune, Nigerian politicians would take advantage of it.
Empathy is important. Politicians must identify with the people whose votes they believe would bring them to power. When the same people are in distress, leaders must stand up to help them. On Sunday, June 5, when the Owo massacre occurred, leaders of the ruling party, the All Progressives Congress (APC), and the Presidential aspirants on the platform of the party had been invited to a dinner with the President at the Presidential Villa in Abuja, ahead of the party’s National Convention scheduled for June 6 – 9, 2022. The dinner could have been rescheduled. But it was not. It went ahead. The usual, standard argument is that the business of the state cannot be hampered by any adversity or that the Leviathan must refrain from showing fear or panic. Except that this could be an academic thing to say. The truth is that politicians tend to consider their own matters more important than the people’s interests unless they can exploit the latter to promote the former.
Nonetheless, I consider the reaction of the Governor of Ondo State, Arakunrin Rotimi Akeredolu to the Owo massacre noteworthy. He left the peppersoup and jollof rice that had been prepared for the dinner with the President at the Villa and rushed back to Ondo State, upon hearing that there was tragedy back home and in fact, in his home town and local government. Some other stomach-centred leader could have stayed back and give the excuse that it was better to have dinner with the President. Akeredolu rushed home to share in the grief and lamentations of his people, and shed a tear or two. More importantly, he struck the right notes when he told the people of Ondo state not to engage in any retaliatory attacks. Religion and ethnicity are combustible issues in Nigeria. A week earlier, it had been said that those who attacked the Methodist Prelate were Fulani. The Prelate even accused the Nigerian Army of complicity, an allegation that was promptly and robustly denied. It would have been disastrous for any responsible leader to encourage an ethnic labeling of what happened in Owo. It was such divisive politics that caused Nigeria’s civil war of 1967 -1970. With its current fragility, and the expansion of its centrifugal joints, Nigeria is in a delicate situation. It cannot afford another blow-out because it cannot survive it and that is why Nigerian leaders must begin to wear their thinking caps.
It was certainly not strange that the Governor and the people of Owo and Ondo State received so many political visitors on Monday, June 6, yesterday. The timing was auspicious. It was the eve of the ruling party’s Presidential primary in Abuja, an event that had been thrown into confusion with the party Chairman’s alleged announcement of a consensus candidate who was diplomatically thrown back into the fray by the Presidency, disowning the deed, thus raising the stakes, in what would be a make or mar Presidential primary for the APC. Owo suddenly became a last minute PR space for the gladiators. Four Presidential aspirants abandoned their last minute campaigns and rushed to the town: Vice President, Professor Yemi Osinbajo, former Lagos State Governor, Asiwaju Bola Ahmed Tinubu, former Ogun State Governor, Ibikunle Amosun and Ekiti Governor –Kayode Fayemi.. Amosun and Fayemi arrived together like twins – they have been twinning for a while in the public space- but Tinubu and Osinbajo arrived separately. Out of the lot, only Tinubu reportedly dropped “something” – a tidy, small change of N75 million – N50 million for the victims, and N25 million for the Church. Small change, yes, and you know why. But how come nobody else donated “something” as Nigerians would say? Osinbajo, Amosun and Fayemi could at least have donated blood at the Federal Medical Centre and St. Louis Hospital to help save lives. Nobody from other political parties, not even the PDP, was on the guest list in Owo, at least not yet. Those who visited have since returned to Abuja for the unfolding epic battle over the election of a Presidential standard bearer for their party. The APC clearly faces an existential dilemma. Even the delegates are bewildered.
Whatever the politicians of the APC decide today is their business. Those who win or lose do not deserve our tears or plaudits. It is not an accident that the APC holds its Presidential primary against the background of more bloodshed and pain in the land: it is a sad, graphic, reminder of the agony to which Nigerians have been subjected. It is why the main subject of engagement by any presidential aspirant should be the security and welfare of the people, and their happiness. Money - no amount of naira or dollars, can buy happiness for the people of Nigeria. But good, quality, responsible and responsive leadership can. The man for the job of Nigerian President must be that person who can put an end to the reign of murder, impunity and madness and make this land, whole in pursuit of the common good.
Nigeria’s 18 registered political parties have been busy, in recent times, with their primaries, in line with the schedule of activities approved by the Independent National Electoral Commission (INEC), the regulatory and oversight body in charge of general elections in the country. The Commission had set a deadline of June 3 for the completion of all party primaries. This was so until May 27, when INEC announced a six-day extension of the deadline, a development which in no way violates any law, but which nonetheless raised questions of bias and collusion between INEC and the ruling All Progressives Congress Party (APC). The matter is as follows: In the first week of May, the Inter-Party Advisory Council (IPAC), the umbrella body for all the 18 registered parties had pleaded with INEC to extend the deadline for primaries and the submission of names of elected candidates by another 30 or 67 days which would then place the deadline in August, to enable the political parties tidy up their affairs.
The parties said they were facing serious constraints. INEC refused. Its excuse was that any extension at all would disrupt the schedule of activities and that the electoral process being time-sensitive was not something the Commission or anyone could toy with. Political parties were further admonished to develop a culture of discipline and respect for rules. Other political parties began the rush to meet the stated deadline. One party, the ruling party was the most laggard of all. It kept changing and adjusting its plans, programmes and activities. As of Thursday, May 26, the party had conducted only its primaries into the House of Representatives, the Houses of Assembly and Gubernatorial positions. It was yet to conduct Senatorial primaries and the screening of the remaining 23 Presidential aspirants that bought its most expensive nomination and declaration of interest forms for N100 million. Some of the original 28 aspirants had chickened out and forfeited their deposits. Meanwhile, the party had eventually announced May 29 and 30. It clearly faced the prospect of conducting a Presidential Primary without screening the aspirants, which was unthinkable.
On Friday, INEC announced an extension of the deadline for primaries by six days relevant only to primaries that had not been conducted, and to create room for INEC to train three officials from each party, on how to load names of candidates and their affidavits on the INEC Nomination of Candidates Portal. INEC argued that it was merely using an open window of six days in its schedule of activities. INEC may not have broken any law, but those who are suspicious about its volte face have a point. The case against the Commission is circumstantial but not without value. The extension was announced on the eve of the PDP Presidential Convention after the party was no longer in a position to shift its own programme.
So, at what point did it occur to INEC that a six-day extension was possible? This was at a point when the main opposition party could no longer benefit from the extension, and its rival, the ruling APC would have the opportunity of spying on the outcome of the neighbour’s primary. To the extent that INEC is expected to be completely neutral and independent, its decision to shift the goal-post in the middle of the game was ill-advised. Its duty is to create a level playing field, not give unnecessary advantage to any party. It may insist that it remains independent but that is enough -it must be seen to be so. No one should be surprised if this shifting of the goal post, INEC affirming its position one week, and recanting another week, becomes a measurement of its performance. Going forward, INEC must eschew the tendency to vacillate or demonstrate suspicious malleability. In politics, the law is as important as other considerations ex facie curiae- of morality, confidence and trust, and the integrity of institutions. INEC is perhaps a bit too busy at the moment to pay quality attention to these fine details, busy as it is preparing for off cycle Gubernatorial elections in Ekiti State on June 18, and Osun State on July 16, but those fine details are critical and we have seen quite a few in the primaries conducted so far and their fall-outs.
Let us begin with the excessive commercialization, the “obscene monetization” of the Primaries process, to borrow a phrase from Alhaji Mohammed Hayatudeen, who had to withdraw from the PDP primary on that account. Money has always been an issue in Nigerian politics, but the obscenity of money in the 2022 party primaries is unprecedented. Civil society groups had argued for a repeal of the 2010 Electoral Act and a new Electoral Act with an intention to correct many of the direct and indirect ills in Nigeria’s electoral process. One of the lessons we have learnt in recent days in the course of the party primaries, is that not even the new law corrects the problems. The way money – not Naira, but dollars – has been flowing up and down since the party primaries commenced is frightening. Nobody has accused the lesser known political parties, 16 in total, of money politics, maybe it is the scale that is manageable, but in the two major political parties, the process has been dictated by dollar currency. It is now popular opinion that Nigeria is an emerging two-party state, and except something else happens, Nigeria is currently divided between PDP and APC. In-between, in the last two weeks, are the monetized, over-dollarized, party delegates who make a choice on behalf of party members.
Who is a party delegate? Under Section 84(8) of the Electoral Act 2022, a party delegate is someone who is duly elected, at the local government level in a democratically organized congress, and who is eligible to participate in the congresses, conventions and meetings of the party under an indirect primary system as defined in Section 84(12) of the Electoral Act, which expressly also prescribes the direct, indirect and consensus modes of holding a party primary. The exclusion of statutory delegates – persons holding public office from the Presidency, to local councilors to party structures and the failure so far of the attempt by the National Assembly to re-integrate them, grants special advantage to delegates who are beneficiaries of that omission. The President having also so far not signed the re-amended Section 84(8), and he has not broken any law in that regard, means that in the primaries that we have witnessed so far, only elected delegates have been the major players. In one or two states, direct primaries have been adopted, but for the most part, the mode of primaries has been indirect. Getting a consensus has been very difficult, except that where we have seen certain aspirants returned unopposed, without consensus, there have been problems. The adoption of an indirect mode of primary should be noted in terms of the reduction in the number of delegates. The process so far has also been swift and manageable because of the adoption of an indirect system. The inclusion of statutory delegates would have been unwieldy and problematic. It has also meant that the aspirants have had to spend less money. But even then, the quantum of election spend has never been more embarrassing.
The extent is demonstrated by some of the melodrama on display. The best job today in Nigeria is to be a delegate at a party primary, at any level. It is a limited, time-specific assignment but it is proving to be a lucrative enterprise. In the absence of statutory delegates, most delegates are at best agents of stakeholders. They are ordinary party members who have no idea what happens within the party and whose assigned task is to vote at a primary, and for them, whatever happens after the event holds no meaning. What is meaningful to them is the fact that they get paid handsomely for the job at hand. A direct primary mode as argued for in places like Ogun (APC), and Sokoto (APC), would have prevented this to some extent, but the indirect primary has meant that the ignorant and unconcerned delegate is the king in the current candidate selection process.
He or she is available for sale to every bidder. He or she can choose to collect money from every aspirant and yet choose to vote as the spirit directs. This has created problems in many cases between the sponsor and the agent. In Kaduna North Federal Constituency, for example, Adam Namadi Sambo, son of former Vice President Namadi Sambo, reportedly gave out N2 million each to 38 delegates, and yet he got only two votes and lost. He has since insisted that his money should be returned! In Ondo state, one aspirant Senator, Ondo Central (PDP), Ayo Akinyelure seeking second term, bought vehicles for party leaders. He lost. He has since asked that his cars should be returned. In Oyo State, a serving Senator who gave out money to aspirants lost woefully. He started gasping for breath. He was revived by concerned supporters who took on the task of fanning him with paper and any available object. In Delta, a House of Reps aspirant was so shocked by his loss that he fainted! There have been reports of aspirants who sold houses and other prized possessions only to lose and end up in hospital wards.
Most delegates simply obeyed the law of the stomach – man must eat, and danced to the tune of the highest bidder. Someone I know, who took part in the primaries, seeking a Senatorial position, said he had never seen anything so absurd. “It was like an auction process at Sotheby’s”, he said. “The delegates would come to you and ask you to pay a certain amount because your opponent has offered a certain amount. If you play ball, they will leave you alone for a while only to return later to say that a candidate in another party had made a higher offer, and you are expected to add more to your bid. If you again play ball, it would not be long before they would return to ask for more money.” My friend said that at some point, he had to give up. He had not seen anything more bizarre. The delegates were not even asking for inducement in Naira, they preferred US dollars! He concluded that the average delegate was the problem. He or she would have to be transported to the venue of the primary, housed, fed, and paid. The more delegates you could bribe, the better your chances. No wonder there were very loud quarrels over delegates lists in Ogun, Lagos, Rivers and Ebonyi! However, many aspirants lost their deposits because the delegates got better offers. In Nigerian politics, things get worse, always.
It has been recommended that all the delegates who took part in the current primary process should be probed. They have made too much money and are beginning to misbehave, eyeing other people’s women, and disturbing neighbourhoods; some have even bought new cars, and thrown celebratory parties. Their bank accounts should be scrutinized. The aspirants should be probed too. On Saturday, May 28, officials of the Economic and Financial Crimes Commission (EFCC) stormed the MKO Abiola Velodrome – venue of the PDP Presidential Convention in search of suspicious distribution of money to induce delegates. Their velvet vests stood out conspicuously. Many politicians are laughing at their exhibitionism. Who catches a thief by being so physically present? And in any case, election money is not distributed in the open. It is done overnight, long before the event – in hotels, government lodges and other hidden places. What may be admitted, however, is that the presence of the EFCC at the PDP Presidential Convention has sent a strong signal that the current electoral process is corrupt. EFCC should adjust its strategy. It should follow the money electronically. It should target the aspirants before the event, and be more discreet in doing so. We may well have to get to a point whereby aspirants have to declare their assets before obtaining the declaration of interest and nomination forms, and after participating in party primaries. Nobody should also be allowed to use the electoral process for the purposes of corrupt self-enrichment, or fund-raising, simply because the law is silent in that regard. If anything has been proven, it is that the Electoral Act 2022 still needs to be reviewed. There is however no law, no matter how beautifully crafted that Nigerians cannot circumvent. A law serves its purpose only if it is enforced.
The party primaries were marred by violence in many states, including Lagos, Ogun, Taraba, and Rivers. Deaths have been reported. In Taraba (PDP), the Governor’s convoy was pelted with stones during the governorship primaries. In Ogun (PDP), and Rivers (APC), there was pandemonium and gunshots as well. In Akwa Ibom (APC), Kano (PDP), and Ogun (PDP), there were parallel primaries. In Rivers (APC), the Magnus Abe faction boycotted the primaries. In Lagos (APC), two governorship aspirants were disqualified. They have since threatened to go to court. In Delta and Sokoto, Gubernatorial aspirants – Festus Keyamo, Cairo Ojougboh in Delta and Abubakar Gada and Balarabe Salame in Sokoto also boycotted the process. In Anambra (PDP), Enugu (PDP), Ebonyi (PDP) and Abia (PDP), there have been defections (Senator Enyinanya Abaribe) and protests – (Sen. Ike Ekweremadu). Whatever anyone thought a new, updated, and improved Electoral framework would bring has been shown to be defective from the start of its implementation. The National Assembly has since regretted its amendment of Section 84 (8) of the Electoral Act, the own goal it scored against itself and traditional, statutory delegates. It is also in court over the controversial Section 84(12) of the Act. The same Governors and Godfathers that the law was meant to keep at bay are ironically the ones dominating the process. The law has not checked money politics. It has also not checked the demons of ethnicity, regional politics, primordial sentiments, godfatherism and clientelism as amply seen in the just concluded PDP Presidential primary in Abuja.
Thus, there has been no stronger case made for change and renewal in Nigeria. The entire Nigerian political class is guilty. Where is that saint, with the magic spell, that would save Nigeria? We search in vain for change and progress, especially now that politicians are even trying to create dynasties for their children from Oyo to Jigawa. And who says the chosen aspirants would be good for Nigeria?
Nigeria’s political parties, particularly the two major ones – the Peoples Democratic Party (PDP) and the All Progressives Congress (APC, are in deep crisis and there is no doubt that the smaller parties, already reduced to the level of spectators in the on-going unfolding grand spectacle of politics and melodrama are just as circumstanced as well. My observation is that Nigeria’s political process leading up to the 2023 general elections, promises to be an interesting mix of everything that is good and bad about politics. The prospects are disturbing. What we have seen so far offers little hope. The 2023 general elections may well turn out to be the most problematic since the country’s return to democratic rule in 1999. What are some of the red flags? Let’s start from last week when most of the political parties conducted their ward congresses, to select delegates ahead of the primaries holding this week and the past weekend. There have been reports of violence, uncertainty and confusion. The major political parties even tried to shift the dates, and they did.
The apparent reason was that they were waiting and hoping that the President would assent to the single-item amendment of Section 84 (8) of the Electoral Act 2022, to allow super, special, statutory delegates, that is persons holding elective positions to be part of the delegates selection process at congresses, meetings and the primaries. To the dismay of the party members and the entire political class, the President last week travelled to the United Arab Emirates to attend an event. Before his departure, he signed into law, the Nigeria Health Insurance Authority Bill. He apparently considered that to be more urgent than the National Assembly’s “expeditious consideration” of Section 84(8) of the Electoral Act 2022.
On his return to Nigeria, on Saturday, we were duly informed that the President still did not sign the re-amended Act, instead, he forwarded it to the Independent National Electoral Commission (INEC) and the office of the Attorney General of the Federal (AGF) for counsel. Meanwhile, Nigeria’s main political parties have been desperate. Last Saturday, there were speculations that the President would grant his assent to the re-amended Electoral Act 2022 before the close of day. Well, that didn’t happen. Three days later, nothing also happened either. As of today, the President is still waiting for advice. The breaking news is that he has done nothing wrong! The Constitution allows him a window of 30 days to concur with, reject, or veto a legislative proposal. He is most certainly still within time.
Elsewhere, I have listened to the argument that President Buhari, obviously a beneficiary of the last minute remedial amendment, would play ball. But he has refused to do so. He is obviously not interested in any benefits. Rather, he has chosen to hide under the cloak of the law to take his pound of flesh! It should be recalled that he advised the National Assembly while giving assent to the Electoral Bill 2022, as it then was, in February, to reconsider Section 84(12) of the same Act, as it became, with regard to selection of delegates for primaries and the time frame within which appointed officials could be part of the process. The National Assembly refused. Their key objection was that the state Governors were too domineering and needed to be cut to size and that only elected delegates, democratically elected in an indirect system could participate in party primaries. The matter has since gone to court from a High Court in Umuahia, all the way, to the Supreme Court in a suit filed at the apex court by the President and the AGF who invoked the original jurisdiction of the apex Court.
I raised an objection about this last week, simply about the President and the country’s Attorney General invoking the original jurisdiction of the Supreme Court in their personal capacities as it seemed, but the Attorney General of Rivers State has since been joined in the matter before the Supreme Court, to give the case a cloak of authenticity. For the benefit of those expecting and pushing that the President should give his assent to Section 84(8) as amended, the President can easily hide under the fact that he is not out of time, and that in any case, other related matters are before the courts of the land. I don’t see the Attorney General of the Federation advising him to sign, as quickly as expected. INEC has also made it clear that it has no plans whatsoever to adjust the electoral timetable, and hence, that body would refrain from taking any step or offering any advice that could tie its hands.
Even if President Buhari were to wake up this morning, however, and perform the strange act of signing, impulsively, without advice, it would make no difference whatsoever. The 2023 process has already begun! Delegates have been elected and selected in all the political parties. The APC conducted its ward congresses nationwide last week. The Peoples Democratic Party has also done same and conducted primaries for House of Representatives, Houses of Assembly and the Senate. It is elementary law and a notorious fact that the law cannot have retroactive effect. The latest time any further amendment to the Electoral Act 2022 can have any effect is hereafter, at least with specific regard to the contentious, amended, late-in-time, provision in Section 84(8), which existed in Section 87 of the repealed Electoral Act 2010, but was omitted, overlooked, excluded, and expunged in the new Electoral Act 2022. By so doing, members of the National Assembly scored an own goal against themselves. They excluded themselves. What an absent-minded team of lawmakers? Nobody, not even the legislative aides, were present-minded enough to do a line-by-line check of the proposed new law.
Now, someone suddenly woke up during recess or was prompted by a third party and they all rushed back, Red and Green, to re-amend the law, during extra-ordinary sessions and so-called “expeditious considerations”. Jokers! President Buhari has just shown them that they are in fact an incompetent Assembly, and they caused the current anxiety by their own utter negligence. Let them live with it. Let them watch the primaries on television. The process in any case, has already begun. There is no way the President can lawfully or legitimately, or anyone for that matter, shift the goal post in the middle of the game. This is what happens when emotions and selfish interests stand in the way of law-making.
My fear is that Nigeria may have again lost the opportunity to have credible elections and the Buhari administration may have also lost an opportunity in that regard also. Nigerians seem to be heading into a “Wahala season”, to borrow a phrase, from the streets. The lawmakers who made a new Electoral Act 2022 shot themselves in the foot. Now, they are biting their fingers. Karma is a he-goat. The public interest must always prevail. The same Governors and Godfathers that the lawmakers wanted to curtail are now the same persons dictating processes in the states ahead of the party primaries. In more than one state, aspirants have been asked to sign Memoranda of Understanding that they would support whoever the Governor or Godfather anoints at any level. This is generating tension in Rivers, Lagos and Kano; in some states, specifically Enugu State, some characters, political aspirants, have signed an MOU to hand over the future of the state to one man, namely the incumbent Governor! In Kano, Governor Dr. Ganduje has publicly announced his successor. Democracy is being thrown under the bus right before our eyes!
Even at the Federal level, it is being said that President Buhari has an anointed successor and up till this moment, persons best identified as cockroaches and rabbits have been running around in the ruling party pretending to be the heir-apparent of the Nigerian throne. The only man that is benefiting from all of this is President Muhammadu Buhari himself. Everyone goes to him seeking his blessing. They all come to us to say that they have the President’s blessing, and the President says nothing, other than the famous disclosure that he has an unnamed candidate whose true identity he would prefer to hide. It is for this reason that the APC has a large crowd of Presidential candidates, and the party can’t even immediately screen its Presidential aspirants in a decisive manner. In the long run, these aspirants will constitute a problem for President Buhari and his legacy.
I imagine that some of them will drop out before the party’s Presidential primaries at the end of the month, most of them anyway took the forms and paid N100 million because perhaps small blood rushed into their brains and they became delusional. But they may become bitter allies. The main loser, then, when this is all over, sadly, would be President Muhammadu Buhari himself. It would be remembered how under his watch, an election turned into a long-predicted war, and the falcons stopped listening to the falconer, and “things fell apart.” He still has enough time to restrain the dogs of war: the zoning crisis, the ogre of consensus which has brought out the guns in Rivers and Lagos, the time-bomb of anointments, the devil of money politics, the ridicule of every Dan and Harry seeking to be President, and the money madness that has been unleashed on the land by desperate politicians.
It is probably safe to assume that by next week, we may begin to have a sense, and gain more understanding, and clarity, of the unfolding electoral chaos in this country. For now, it is clear that even if President Buhari signs the Electoral Act as amended, it would be entirely of no moment with regard to the current process. Otherwise, the door will be left open for a plethora of litigations with opportunistic lawyers trying to pursue both valid and frivolous cases in the process. This is why the courts need to wake up. Judges must be ready to throw out any case that looks like an attempt to waste time unnecessarily. I argued last week that this is boom time, meal time, harvest time for lawyers, let me add: but it must certainly not be so for judges. With members of the Bar and politicians misbehaving aplenty, we need the judex in Nigeria to remain sane and decorous, and be the oasis of restraint, civility and good judgment as Nigeria moves into a transition season, from now till 2023, to herald the emergence of a new set of political leaders.
Nonetheless, Nigerians are perhaps truly in trouble as alleged and reported. The emergent character of the 2023 process is that Nigeria is running a political system that is dominated by ego, ethnicity, religion and the sheer arrogance of political aspirants. This is the case from the Presidential to the local government level. For the avoidance of doubt, the main issues have been geography, religion and ethnicity – three potent and potentially combustible issues in Nigerian politics. One year to the transition, Nigeria’s political discourse is dominated by the same debilitating, primordial, and retrogressive issues. It is a bad sign. It is a cause for alarm and anxiety. In comparison with two major general elections in recent times, Nigeria comes up really short on the serious issues index in the public domain. France has just completed an election, in April, in which incumbent President Emmanuel Macron was voted in for a second term of five years, the first French President to win re-election since Jacques Chirac in 2002, defeating the far left candidate, Marie Le Pen, and the far-right candidate, Jean-Luc Melenchon.
The campaign was about issues that are of direct relevance to the people. The election went into a run-off as expected between Macron and Le Pen and yet, the results showed the emphasis on ideology and issues. France is looking forward to a legislative election on June 12 but the French have made a choice based on the issues that affect them directly. The majority had their way. Please, where is the Nigerian voter? In Australia, the general elections have also just been concluded, throwing up Anthony Albanese, former Opposition leader of the Labor Party, to replace the Conservative Coalition led by now former Prime Minister Scott Morrison. Albanese promised wages growth, gender equality and more commitment to climate change. And the people voted accordingly. The Greens and Independents and women groups got more votes from climate change supporters and thus enforced a change of government. The new Prime Minister was sworn in yesterday, and almost immediately, he travelled out to attend a Quad security partnership meeting in Tokyo, Japan where he is expected today to meet with US President Joe Biden, Indian Prime Minister Narendra Modi of India, and Japan’s Prime Minister Fumio Kishida. The issue in Australia was majorly climate change: the floods and the bush fires, and how Morrison’s government acted as if it was asleep, most of the time. When will Nigerians punish a sitting government, with their votes, for negligence and insensitivity? In Nigeria, nobody knows what anybody stands for. What are the big issues being debated in Nigeria by the political parties and the aspirants ahead of 2023?
All I hear is zoning, ethnicity, nepotism, religion and money. Nigeria is at a crossroads and it is a bad kind of confused state, where witches and wizards are already having a conclave session. Who will help President Buhari ensure that he finishes well? …“Proverbs to bones and silence” says Wole Soyinka in his book, A Dance of the Forests. Proverbs…indeed.
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It is goldmine season for Nigerian lawyers, meal time, boom time as every election season has been, but now more than ever. Every electoral process, pre- during, and after - often provides opportunities for aggrieved politicians to take their disputes to court, and over the years this has been so much the pattern that lawyers often brandish the elementary fact that election petitions are sui generis, that is that they are in special category of their own, unique, peculiar. The originating process for election cases is the filing of petitions based on the framework provided in party guidelines, the Electoral Act and the Constitution, the basic law, and in accordance with stipulated rules of procedure. Some lawyers - from the ordinary ambulance chaser to the Senior Advocate of Nigeria have so mastered the game that most politicians know who to go to when it is election time, and which judges and courts to consult. Many senior lawyers have their pre-eminence built on their reputation to pursue election petitions.
The net effect is that many politicians, veterans of election petition cases, have also become bathroom lawyers. These persons are so adept at the tactics of election litigation that they sometimes sound smarter than the counsel, when it comes to forum shopping, the resort to obnoxious ex parte applications and how to get judges to descend into the arena and pollute the temple of justice. It is such time again and we have seen signs of this as litigants are now taking pre-election disputes to High Courts. One major feature of the new Electoral Act 2022, which became effective in February 2022, is that pre-election cases are now to originate from the Federal High Courts, but even striking is how the new law provides so many grounds for likely litigations. In 2015, after the election, it was observed that litigations were few. In 2019, there was quite a number. In 2023, there would be a deluge, and the catalyst for this would be the contradictions and omissions in the Electoral Act 2022 which repealed the 2010 Electoral Act.
I should not be misunderstood. The review of the country’s electoral framework was a major subject of advocacy by the Nigerian civil society, lawyers, politicians, the media and stakeholders. Nigerians wanted an electoral system that would address the people’s grievances, as defined by omissions in previous electoral cycles, and the need to bring Nigerian democracy at par with best practices elsewhere, if not exactly, but at least to strengthen the credibility of the process, through technology, and the power of the people to make informed choices. Previous attempts to repeal the Electoral Act 2010, ahead of the 2019 elections failed. The 8th National Assembly could not find a common ground with the Executive as the President picked issues with language, timing and the contents of the proposed amendments. He rejected the Bill three times. When it became clear that the rigmarole would not end and that the elections were around the corner, the Buhari government claimed that it was better to avoid “uncertainty”.
The popular opinion on this was that the government was not ready for any reform, and would rather play safe to retain power under familiar electoral arrangements. But the agitation for electoral reform did not subside. The pressure remained so strong that the succeeding 9th Assembly that assumed office in June 2019 had to declare as one of its major priorities, a new electoral framework consequent upon a repeal of the Electoral Act 2010. In November 2019, the duo of Senator Ovie Omo-Agege (Delta Central) and Senator Abubakar Kyari (Borno North) moved the motion on the floor of the Senate for the required exercise. In February 2022, the outcome of the process, including public hearings, debates and harmonization between both Chambers of the National Assembly, a new Bill was sent to the President for his assent. When it appeared as if the President was not going to act within the stipulated time frame or that he would attempt to veto the Bill or raise objections that would amount to a repeat of the debacle of 2018, civil society groups who had been active participants in the process trooped to the streets. Opposition parties made an issue out of the President’s tardiness. Even members of the ruling party became rebellious over the right mode of party primaries that should be adopted in order to ensure a level playing field and check the menace of overbearing state Governors and party overlords who use influence, cash and the power of incumbency to subvert internal party processes.
In the end, the President signed, although with an advisory that the National Assembly should amend Section 84(12) of the Act which in his reckoning violates Section 42(1) of the 1999 Constitution. The lawmakers amended the mode of primaries providing for direct, indirect and consensus options with a strict construction of the meaning of consensus. I shall return to this anon, but for now it is to be said that the redefinition of the Electoral framework was a sort of self-redemption for President Buhari and his administration. Electoral Act 2022, like the Petroleum Industry Act (PIA) and the Discrimination Against Persons Living With Disabilities (Prohibition) Act would be remembered as part of his legacy. The Electoral Act is also a kind of victory for civil society, its persistence and the solidarity of other stakeholders. For the National Assembly, it is a sort of vindication; for once, Nigerian lawmakers, the class of 2019 in Abuja acted intentionally and with courage. Before then, time, money and energy had been wasted to the consternation of the public.
The law also came as great relief, in part because of some of the game-changing provisions therein, to wit: Section 3(3) which says that funding required for a general election must be released not later than one year before the elections. This makes sense but I doubt if the provision has been complied with. Section 8(5) - on the complete neutrality of INEC officials; Section 29 on early conduct of party primaries and submission of list of candidates; Section 34 on the substitution of candidates in the event of death in an election; Section 47: which legalizes the electronic accreditation of voters; Section 50: which allows for electronic transmission of results; Section 54 (2) which allows for the participation of persons with disability; Section 51 which redefines over-voting; Section 65: gives INEC the powers to challenge any fabricated results and declare same void; Section 94 on early commencement of campaigns, 150 days before polling day. These are some of the top provisions in the Act, although there are oversights as well: the failure to include independent candidacy which is now one of the 44 Bills in the Constitution amendment process, diaspora voting which has been overlooked in both instances, and the failure to agree on an Electoral Offences Commission.
But very early in the day, we are beginning to see how controversial the new law may turn out to be. No law is perfect, but this is a landmine for litigations. First, Section 84 (12) which says basically that political appointees must resign their positions ahead of the party primaries in order to create a level playing field for all delegates and aspirants. This particular provision has pitched state governors and the Federal Executive against the National Assembly resulting in litigations from Umuahia to Abuja. The Federal High Court in Umuahia in a matter brought before Justice Evelyn Anyadike by Chief Nduka Edede ruled that Section 84(12) is unconstitutional, illegal and void to the extent of its inconsistency with Sections 37, 42, 66, 107, 137 and 182 of the 1999 Constitution. The Court ruled that the Office of the Attorney General of the Federation should delete the said Section 84 (12) from the Electoral Act. Neither the National Assembly nor the Electoral Commission was joined in the matter. The former engaged the services of Kayode Ajulo Esq. to file an appeal, and after seeking leave of the Umuahia Court which was granted, Ajulo has since filed appellate processes. While that was pending, the Peoples Democratic Party had also filed an appeal in the matter in a suit titled Peoples Democratic Party (PDP) vs. Chief Nduka Edede and Attorney General of the Federation (AGF). On May 11, the Court of Appeal, Owerri Judicial Division, sitting in Abuja ruled in this particular case.
The ruling of the Court of Appeal has created more confusion than anything else, and it is perhaps the structure of the judgment itself that is responsible for this. The text of the lead judgment (there were no dissensions) began with declaratory affirmations that went beyond the main prayers before the court. Whereas it is elementary law that judges can express opinions, obiter dictum, what is of moment is the main substance of the case, the ratio. In this case, after considering the facts of the case, and the issues, the Appeal Court ruled that the High Court in Umuahia lacked jurisdiction and that the plaintiff, lacked locus and a cause of action. In effect, the case in Umuahia which Federal Ministers and others have been relying upon for protection was a nullity. But the same Court of Appeal then went further to say if this had not been the case, it would be proper to declare Section 84(12) unconstitutional. They opined that the matter would be best resolved by the Supreme Court. The media and interested politicians took the Court’s comment and went to town with it. It is not the duty of the Court to play Father Christmas. The Court must speak with clarity, and refuse the temptation to go on a frolic of its own.
What is further curious is the report in the newspapers, yesterday, that since April 29 President Muhammadu Buhari and AGF Abubakar Malami had gone to the Apex Court to seek an order of the Court to strike out Section 84(12) of the Act. The National Assembly has also filed a counter-affidavit. But what is the interest of the Federal Government in this matter seeking to invoke the original jurisdiction of the Supreme Court? It would seem in this instance that what the Federal Government is doing is trying to take a second bite at the cherry. The President having granted assent to the Electoral Bill 2022, has already exercised his discretion. To have assented accordingly and now go to the Supreme Court is a most unusual move. The executive is at liberty to send further amendments to the National Assembly, to do otherwise would amount to self-indulgence. In yet another case filed by Mike Ozekhome, SAN on behalf of the Governor of the Central Bank, Godwin Emefiele, which has now been withdrawn, the constitutionality of the same Section 84(12) was also raised by counsel. We certainly have not heard the last story on the matter of Section 84(12).
Similarly, Section 84(8) of the Electoral Act 2022 has also raised concerns. The National Assembly suspended its recess and returned to give “expeditious consideration” of the Section 84 (8), to modify it. In the process of amending the Electoral Act, the lawmakers had forgotten to include statutory delegates in the list of those who could be delegates at party primaries. Section 84(8) refers to democratically elected delegates as persons who can participate in party primaries and conventions; having now realized that they had written themselves out of the law, the lawmakers sought to correct that oversight. This is a reinstatement of a similar provision in the Electoral Act 2010. Otherwise, it would have meant that the President, the Vice President, Members of the National Assembly, Governors and their Deputies, members of State Houses of Assembly, Councillors and other elected officials would have been excluded from the party primaries, not being delegates. But there are landmines here, and the most prominent being the likelihood that the President may not grant his assent to it before the commencement of the election of delegates. The two major political parties have fixed their conventions for the end of the month. Should the President sign after the election of delegates, it means that any special delegate that participates in the Conventions would have violated the same law. That will be a case of the law having retrospective effect which could become a ground for litigation by qualified persons challenging the validity of such participation. It is a potential source of dispute.
The same can be said of Section 84(3) of the Electoral Act which says that neither the party nor INEC can disqualify a candidate except through a court of law. As follows: “A political party shall not impose nomination, qualification or disqualification criteria, measures, or conditions on any aspirant or candidates for election in its constitution, guidelines or rules for nomination of candidates for elections…” This section of the Electoral Act is meant to check the excesses of political parties. Political parties often insist on the authority that they are entitled to conduct their own affairs without any interference by the courts except where it can be established that party rules or the laws of the land have been violated. In the on-going process, political parties have been screening candidates, and we have had many aspirants claiming that they are loyal party members and would abide by what the party says. There are persons who have also been told that incumbents have been anointed for another term and no one should bother to challenge them, and certain persons may be expressly disqualified on this. If an incumbent is not doing well, should any party talk about offer of first refusal or impose the incumbent? We can only expect many cases in court over this, beginning with the pre-election dispute already declared by a PDP member, Mr. Cosmas Ndukwe who is asking the court to stop the PDP presidential primary on the ground that the party has violated its own Constitution on the issue of zoning.
While there is no doubt that the Electoral Act 2022 has introduced some reforms, it would certainly require further amendments. In repealing Section 31(5) of the Electoral Act 2010, the new law at Section 29(5) and 29(6) grants locus in matters involving false submission of information to only an aspirant who took part in the party primaries, not any person, and under Section 84(11) and (12), only the Federal High Court has jurisdiction over party primaries. The Federal High Court is likely to be overworked! Even when an observer has truthful information about a particular aspirant, he would be dismissed as a busy-body meddling into internal party matters. There would be busy days ahead for lawyers. Let them enjoy the harvest.
The current presidential election process in Nigeria, the sixth, since the return to democratic rule in 1999, is like no other before it. It is the most contested, the most controversial, and the most demonstrative of the fault lines, and notably, the moral depravity in Nigerian politics and society. By this time in every other Presidential election before now, there was more or less a clear sense of direction and whereas there were contenders, they were few known figures. This time around, the race for the Presidency especially in the two main political parties – the Peoples Democratic Party (PDP) and the All Progressives Congress (APC) has become an all –comer’s affair, a lottery in fact, if not a comedy, at the lower end of that spectrum- a farce, a burlesque. About a week ago, the Peoples Democratic Party (PDP) closed the sale of its expression of interest and nomination forms, and after screening the 17 aspirants that showed interest in the Presidential position, the party came up with a short list of 15. Fifteen: the highest number of eligible aspirants ever in the 24-year history of the party! Today, Tuesday, May 10, the rival APC closes the sale and submission of its expression of interest and nomination forms, having extended this by a week to accommodate the Ramadan holiday.
The last time I checked, the APC was talking about 40 aspirants, and 24 of them having paid the high fee of N100 million, and the party boasting of over N2.4 billion in its coffers. No other electoral process has been this costly since 1999! By the time the APC closes shop for submissions today, Nigeria would have most probably on its hands, over 40 aspirants trying to be President in just two political parties. There are 16 other political . Where are they? Nobody is talking about them. They have been crowded out by the PDP and the APC, most effectively. Due to lack of capacity and prominence, it would be difficult for any other political party in Nigeria at the moment to provide better traction at the Presidential level, even if many of those other parties may have better aspirants, and that is the truth. How inclusive is the emerging democratic process? How diverse, open and fair are the options available to the Nigerian electorate? The two major political parties: the APC and the PDP project much that is wrong with the current transition process and the move towards 2023. It is worse that there is only one female Presidential aspirant!
And why do we have so many Presidential aspirants, so many that nobody is even focusing on what goes on at the State and local council levels in all the 36 states plus FCT and the country’s 774 local governments, or in other political parties? It is perhaps not so unusual in other political jurisdictions. In the 2020 Democratic Party Presidential primaries in the United States, a total of 29 candidates declared their intention, the largest number in any Presidential primaries in the US since 1972. The primaries in the US are organized in all the 50 states, the District of Columbia, the five US territories and abroad. It is not the kind of overnight affair that we have in Nigeria, rather it is staggered, and it is in comparison based on the principle of proportional representation.
In 2020, on the US Republican side, as early as April 2019, Bill Weld, former Governor of Massachusetts, Joe Walsh in August, former Governor of South Carolina, and US Rep. Mark Stanford, showed interest in the primary, but the party had earlier chosen Donald J, Trump, who was eligible for a second term. He became the presumptive Republican candidate in March 2020, after securing a majority of pledged delegates. Trump couldn’t be bothered anyway. He referred to those who dared to challenge him as “stooges”. Trump’s advantage was his incumbency in 2020. Four years earlier a total of 17 candidates tried to get into the primary on the Republican side. Trump won narrowly, even with his 44.95% majority. Those who point to the US example as evidence that there is nothing wrong if 40 or more persons show interest in the Nigerian Presidency, drawing comparisons from the US, may have the plain evidence of numbers, but the truth is that both systems are different. The numbers do not explain everything. Nigeria’s current situation points to other metrics of analysis, within a cultural, social and individual context.
The Presidential position in Nigeria is the most contested and the most attractive in Nigeria today because the position has been demystified so completely, I would not be surprised to wake up tomorrow morning to hear that a herbalist or a vulcanizer has purchased a Presidential nomination form. This demystification has been gradual, and it speaks to the failure of successive leaders to use the office to do grand things, failing to act at critical moments, alienating the people, creating spectacles of doubt and trust, and thus evoking in the general populace the thinking that even the right-thinking, lowliest placed can lead Nigeria. The bar has been set so low, it seems anybody can be President of Nigeria today. The other day, I was asked: what exactly does it take these days to be President of Nigeria? While I was trying to put an answer together, I was reminded that once upon a time in this country, a cobbler once aspired to be Legal Adviser of a political party: SDP, Kano State. When the cobbler was told that he needed to be a lawyer to provide legal adviser, he was said to have retorted famously that it did not matter! I dismissed the story as entirely apocryphal but I was again reminded that in this same Nigeria, political parties once appointed men as Leaders of the Women’s Wing of political parties, and 60-something-year-olds as youth leaders. The Presidential race ahead of the 2023 elections, notably in the two major political parties is beginning to look exactly like that.
You only need to have a group of friends or access to enough money and then wake up on the wrong side of the bed, one early morning and then just decide that if you and your friends can afford the cost of the relevant forms, you too can be President of Nigeria. Money has been the bane of Nigerian politics. It is worse today. Sums of N100 million or N50 million may look like chicken change to the Nigerian elite, when that is converted to the dollar, but to the ordinary Nigerian who has no job, facing a high cost of living crisis, and a hostile environment, that is more than a fortune. That poor Nigerian has had to witness one big man after another churning out that fortune to buy a form or two, in the past weeks, in what is at best a gamble. Many of the aspirants know that they won’t go beyond the primaries, or may never win, but they are into the lottery all the same. The Electoral Act 2022 sets a ceiling on campaign finance but it seems that this is being observed already in the breach even before the ink on the law dries off. Nobody is even concerned about the law. The Chief Law Officer of the Federation wants to be Governor in his home state of Kebbi and he is the one saying that a electoral provision arising from an enactment of the National Assembly codified as Section 84(12) of the Electoral Act does not matter, indeed that it will be expunged and deleted summarily, in line with a controversial court ruling, so why should anybody bother about what the law says?
This scant regard for the law is most signposted by the involvement of the Central Bank Governor of Nigeria, Godwin Emefiele in the political process. The ding-dong over the alleged political interest of the CBN Governor has been one of the major highlights of the 2023 pre-primary process. For more than a month, a group of persuaders have taken it upon themselves to persuade the CBN Governor that he must seek the Presidency of Nigeria and that he is the best man for the job. The #MeffyforPresident group, as it is known, has held public events, printed posters, placed advertorials in the media, and paraded campaign vehicles in a show of strength and readiness. Twice, Emefiele has had cause to inform Nigerians that he is focused on his job as CBN Governor and that it is God that chooses leaders. Last Friday, a group of Mefy supporters, majorly Rice Farmers decided to take the bull by the horns. They collected expression of interest and nomination forms on behalf of the CBN Governor on the platform of the ruling APC party – N100 million!
This time around, rather than talk about his focus on his job, as the manager of Nigeria’s monetary policy, Emefiele did not disown the persuaders. He said he is consulting and seeking Divine Guidance given the seriousness of the matter, with a caveat that if he chooses to join the Presidential race, he would pay the N100 million from his own earnings in a banking career that spans 35 years. By saying so, the CBN governor simply crucified himself with his own mouth. He has confirmed that he is in fact a politician and that he belongs to Nigeria’s ruling party. It has since come to light that he has been a card-carrying member of the APC since February 2021, and the Chairman of his local ward – Ward 6 in Ika South Local Government Area of Delta, Nduka Erikpume, has confirmed this to be true. Can Nigeria’s CBN Governor be a card-carrying member of a political party and engage in partisan politics? His supporters point to the fact that in the United States, Treasury Secretary Janet Yellen is a member of the Democratic Party. Before her, her predecessor, Steve Mnuchin was a Republican. The example has also been cited of the Central Bank Governor of Ivory Coast, Tiemono Meyliet Kono who has now been handpicked by President Alassane Ouattara as his country’s Vice President. But what does the law say in all these places? And what does the law say in Nigeria? In the US, the Treasury Secretary, the Fed Chair, and even Supreme Court Justices are identified by their ideological and party affiliations. In Ivory Coast, the CBN Governor had to resign before he assumed office as Vice-President.
In Nigeria, the CBN Governor does not want to resign. He has gone to court, through his counsel, Mike Ozekhome, SAN, in Abuja to argue that he can be Governor of the CBN and an APC Presidential aspirant at the same time, and that Section 84(12) of the Electoral Act as amended, does not apply to him, he being a public officer (under Section 318) and not a political appointee. The matter has been adjourned till May 12, and the defendants – INEC and the AGF, have been put on notice. This would probably end up as one of the most interesting developments in the 2023 electoral process, and the biggest drama in the history of the Central Bank of Nigeria (CBN). It is the duty of the courts to interpret the laws. But it is noteworthy that before the matter is determined, many other stakeholders have been making noteworthy legal, moral and political statements. Mrs. Oby Ezekwesili, former Minister of Education and former Minister of Solid Minerals Development says it means that for seven years, Emefiele had handed over, the CBN, a body that is supposed to be independent, representing the interest of all Nigerians, to one political party! That is a very serious indictment. The PDP added salt to the matter by saying that the CBN has been turned into the “finance department of the APC”. Emefiele is further accused of having broken all relevant laws: Sections 6, 9 and 112 (2)(c ) of the CBN Act, Section 18 of the Banks and Other Financial Institutions Act (BOFIA), and Section 030422 of the Public Service Rules. Femi Falana, SAN says Emefiele has a legal hurdle to cross. Governor Rotimi Akeredolu, SAN of Ondo State, Ebun Olu-Adegboruwa (SAN), and Oby Ezekwesili, think that Emefiele’s reported ambition is a “a joke taken too far” and like many others, they think he must resign forthwith, or be fired by the President. Emefiele is right now ending his career as the first CBN Governor to jump directly from his office into the frying pan of partisan politics with oil splattered all over him and the entire institution from the Bankers’ Committee to the Banking Halls.
Somehow, some attempt has been made to mitigate the accruing damage by the report in the last 72 hours that some characters have also purchased expression of interest and nomination forms for the President of the African Development Bank (AfDB), Dr. Akinwumi Adesina, as if to show that Emefiele has done nothing wrong. The key difference is that Adesina has not uttered a word. I think he should. He is probably silent because he knows that the AfDB is not Nigeria: rules apply there! His silence fuels the speculations. As things stand, Emefiele and Adesina may never submit any forms for consideration and hence, the public reactions and the law suits including the ex parte application filed by Naapah Bariledum at a Federal High Court, in Port Harcourt, to stop Emefiele, would become academic. But would Emefiele and the CBN ever recover from this? I doubt.
It is a shame that, in addition to this sordid drama, what is predominant in the Nigerian political landscape is the politics of zoning, ethnicity and religion. There is very little about ideas. France has just completed a Presidential election in which the issues were well-defined, from far-right to the centre and the far-left, and the people made their choice. In Nigeria, there is so much smoke and no clarity. In the APC, every Presidential aspirant talks about how they have been endorsed by President Muhammadu Buhari. If indeed this is true, the President must help bring sanity to this confusing race. The seriousness of the office of the President of Nigeria must not be diminished. It is the most powerful office in the land, without doubt, but it is also the office now in most urgent need of protection from ridicule and hijack.
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“My brother, when are you declaring for President?”
“Which President? I am already a President in my own right. I am the President of my house.”
“That is not the kind of President I am talking about. I mean a President with the big P, not the small one that gives you a delusion of importance.”
“My friend, don’t insult me. I took an oath of office at the registry and at the church. I paid a bride price. I got a certificate, making me a constituted authority. I have three Dudukes to show for it. What else am I looking for? Come oh, are you doubting my full authority as a President of my own house? Are my in-laws looking for my trouble? In fact, I am not just a President. I am a Chairman. The Odogwu of my Lodge… The Otunba of my own space.”
“Bros, I beg, you joke too much. I am talking about the President of Nigeria, something serious; you are talking about a three-bedroom apartment where you behave as if you are a real man just because you married a wife. This is what I tell you all the time. You need to be ambitious. Think big. Dream big. Otherwise that home you claim you have, a more capable man will come in there and disrupt everything. Even your children will turn against you. I am telling you to think big, you are saying you are the constituted authority of your house. Somebody is advising you to start seeing yourself as someone who can eat pounded yam with crocodile meat, everyday, if you want, you are telling me you would rather eat ponmo and brorkotor. Is everything okay with you?”
“Nothing is wrong with me.”
“So who says you too can’t be President of Nigeria?”
“Me? President of Nigeria?”
“Yes. President of Nigeria. That is the latest Baba Ijebu game in town! Better lottery. The thing don become pool fixtures. Perm one, perm two, you fit win.”
“Please, please, please. If you don’t have anything serious to talk about, please leave me alone.”
“I am telling you. This thing called Nigerian Presidency for 2023 has become a try-your-luck game. Everybody is now declaring interest in the Presidency. That is what the thing has become. When somebody told me that it is even the latest Bitcoin, I just decided that may be you and I should go and try our luck. We should think out of the box.”
“President of Nigeria?”
“The people who have declared, do they have two heads? Let me tell you, the way this thing is going, anybody can be President. After all, an actor Ronald Reagan became President of the United States. Actor oh! In Ukraine, a comedian, ordinary comedian, Zelensky is President. He is fighting a war now, and every important country and leader in the Western world is going there to express solidarity with him. He has even addressed the United Nations. You don’t know your destiny. The way this our Nigeria is going, I won’t be surprised if a clown emerges as President of Nigeria in 2023.”
“God forbid.”
“Are you a clown? After all, you claim to be well-educated. I am saying you too can be President”
“How about you? Why don’t you too try your luck?”
“I don’t know people. You are better connected. See, the way this thing works these days, you must know people, have strong connections, and just go about saying you too want to be President, make noise and before you know it, some people will form themselves into a group, look for one fancy label and they will say you are the best man since the invention of tooth paste, and the best man for the job. I am ready to lead your campaign team”
“But I don’t know anything about politics. I have no idea.”
“You don’t need to know anything about politics. Just have the right connections. The people will buy the nomination and expression of interest forms on your behalf. We will create a Campaign Forum in your name. We will call ourselves the Patriots Forum, and we will say you are the man! That is how they do it. I want you to move fast because as we speak now, you don’t know who is going to declare this very week. Declaring interest in the Presidency of Nigeria is right now, the biggest business in town.”
“I will have to talk to my wife first.”
“Your wife! Your wife! You think your wife will object to the possibility of becoming the First Lady of Nigeria? You will be surprised that she herself may have been nursing the idea. Let me tell you something: your wife will tell you that there is nothing the people who are First Ladies have, that she too does not have. She will tell you she is even better. In fact, if you are not careful, she will say she too can be President of Nigeria.”
“Without my authority?”
“Which authority? My friend, go and sit down. We are in the 21st Century! Is it because I am trying to encourage you? If you are not interested, I can decide to push your wife to run for the position of President of Nigeria. She is actually highly qualified. And we can groom her”
“You will groom my wife? Are you mad? Abi you wan die? That is the day she will leave my house!”
“She is a Nigerian citizen. And if you say you don’t want good luck in your household, you don’t want to be president, you don’t want your wife, we will look for another person. In fact, the way my mind is working, our group will go and recruit Obi Cubana, or E-Money or White Money. They too can be President.”
“Excuse me.”
“Yes. That is where we are right now as we move towards 2023 in this country”
“White Money? Has Nigeria become a Big Brother Naija Show?”
“I don’t see the difference. They have turned the whole thing into a gamble. What do you have against White Money? At least the money is white, not black. Every other aspirant is bringing black money.”
“That is defamatory. I won’t be party to that.”
“My friend, white money is better than black money. Anybody that brings N100 million to buy ordinary form or N50 million, or even N40 million in this economy should be investigated for black money. All of a sudden, all kinds of groups and persons are buying forms on behalf of Presidential aspirants. People should stop telling us a dog is a monkey. We have eyes. We can see.”
“Count me out”
“It means you don’t understand politics. Don’t you know that some of these aspirants don’t really want to be President? They just want to show that they are relevant. Some of them just want to protect themselves. Some have lost political relevance and they want to jump-start themselves politically. Then you have the category of hungry people who are using Presidential declaration, or Governorship declaration as a fund-raising opportunity. The whole thing is a game.”
“But I hear that everyone that is declaring must get the President’s blessing. The President does not know me. ”
“You don’t need his endorsement. Every citizen has the right to contest once you meet the requirements under Section 40 of the Constitution and Section 131. Your right to occupy any political position in this country is properly defined in the Constitution. Everybody that goes to the President to say he or she wants to be President, the man says Yes. That is why they are all saying they have the President’s blessing. What do they expect him to say? Of course, he will tell them they are good to go. See, if we organize properly, and we take you to President Buhari tomorrow and tell him sir, this your son wants to be President too, he will say Yes, go ahead.”
“You think he will endorse someone like me, without knowing me?”
“Why not? He will. What do you want him to do?”
“But he once said he has his favorite and he would not name the person in order to protect him or her from being assassinated.”
“It is typical power politics, my friend. Can’t you see it? Without saying anything categorical, President Buhari has turned himself into the puppeteer, playing divide and rule politics. This is what I always say about this county. The people of Southern Nigeria don’t know how to play politics. We talk too much. We allow other stakeholders to manipulate us. We are too greedy and those who know better manipulate us. Can anybody hold the President down to anything as regards 2023 Presidency? The obvious answer is No. But anyone that comes forward, they say he has blessed them.”
“Under normal circumstances, really, his blessing or non-blessing or opinion should be irrelevant. It is the people of Nigeria that should decide. One man, one vote. And it is his duty to ensure that Nigeria holds credible elections in 2023.”
“Good point, very good. But can’t you see what is going on in the two major political parties? The PDP has abandoned its rule about zoning, specifically Section 7(3c) of its Constitution, which had in fact been adopted by the rival All Progressives Congress. PDP now says that section no longer applies and anybody can be President on its platform.”
“That has not yet been finalized though. The party’s National Working Committee (NWC) is scheduled to meet on Wednesday, this week, to take a decision on the party’s zoning format. We have to wait for that.”
“You know I always tell you that you tend to be naïve sometimes. You think PDP NWC would now zone the choice of its Presidential aspirants, after selling forms to every aspirant from wherever, after collecting too much money, and after screening everyone who expressed interest? My brother, leave matter!”
“What I know is that all the aspirants from the South are saying that in the interest of fairness, equity and justice, the Presidency must be zoned to the South and specifically to the South East.”
“Have you also heard the same Southern Nigerian aspirants saying they will abide by whatever the party decides? But I have not heard any Northern aspirant saying so. What they are saying is that the North has every right to continue in office.”
“But it is different in the APC”
“How is the APC different? Where were you when the APC Party Chairman reportedly said a few days ago, that no final decision has been taken on the zoning of the Presidency by the party?”
“He was probably quoted out of context, because if you look at the APC, all the Presidential aspirants are from the South with the exception of Governor Yahaya Bello of Kogi State who is from the North Central. It is safe to assume then that the Presidential flagbearer from the APC will be either a Southerner or someone from the North Central.”
“So why do you I think I am urging you to run”
“Sarcasm. You were being sarcastic. I know you well enough to know that were trying to ridicule the entire process.. You know as well as I do that the Northerners do not want a Southerner in the Presidential Villa in 2023. They have played a good game of divide and rule. In the South East and South South, there is currently no consensus. Nobody is going to step down for anyone. In the South West, the divide and rule politics is even worse. You have the most prominent APC politician from the region, Asiwaju Bola Ahmed Tinubu being challenged by the same people he groomed and turned into big men. Politics in the South West this time around, has become a do-or-die affair. I am sure of that. The same people who are supposed to help Asiwaju mobilize delegates have already made sure that he would not have full support from his political base. This road to 2023 is both interesting and bumpy.”
“It looks like anybody’s game, then. And that is why I think we can get involved too, particularly now that your people in the South West are fighting over ratings in the polls. We can organize our own polls and announce that you are the citizens’ choice”
“No, thanks.”
“Really?”
“Because I really don’t understand what is going on. It is about seven months to the elections. Under normal circumstances, by now, there should be some kind of certainty or clarity about the future of the country and the general elections next year. Right now, the country is in the grips of fear and uncertainty about the future. Nobody has any idea what will happen tomorrow. The aspirants too have no clue.”
“After the primaries, don’t worry. The candidates that would emerge would start talking. They will take care of people, including naysayers like you who think they know it all about Nigeria.”
“I certainly do not know it all. But I don’t like gambling”.
“Let whoever wants to gamble do so. Nigeria itself is a big gamble. Life is also a gamble.”
“Nobody is talking about issues. I only get to hear about individual ambitions, zoning, ethnicity, and religion. In the recent Presidential election in France, President Emmanuel Macron and the opposition candidate, Marine Le Pen discussed issues of interest to the people. Who will speak for us, hapless Nigerians? I want to hear what anybody wants to do about the bad state of the Nigerian economy, inflation, unemployment, terrorism, the cost of living crisis, the loss of hope, all I hear is vote for me, vote for me, I am the best…it is my turn, individual ego, noise, selfishness!”
“Speak for yourself, my friend. That is why you have a voter’s card. “
“That does not guarantee that my vote or your vote or anyone else’s vote would count.”
“It is up to you what you do with your PVC.”
“I just hope we’d still have a country when this is all over. The future has never been this uncertain in this country.”
The Lagos State Government following reports of an alleged “rape incident” involving an 11-year old female student of Chrisland Schools Lagos, and male pupils of the school, during a trip to the World School Games in Dubai (March 10 -13, 2022), promptly shut down the school, to investigate exactly what happened. A video was put into circulation showing the girl, in a dominant cowboy position, riding a young male student like a horse in an amorous fashion, with one of the students watching and recording the bedroom scene. Some other people said the girl was also shown in a reverse osmosis position, whatever that means. The public was shocked. These are primary school children for Heaven’s sake engaging in activities straight from the pages of Kama Sutra, the iconic text on sex and dalliance that their mothers, fathers and grandparents may never have ever heard of or experienced. Raw sex in a primary school!, photographed and videoed and put into circulation. It was like a screen shot of Sodom and Gomorrah. Matters got worse when the mother of the girl involved raised an alarm and made statements to the effect that the school, Chrisland, had failed in its duty to take care of her daughter while on a trip to Dubai, under its auspices; on the return of the students, her daughter was taken for a pregnancy test without her consent, and that when the video became public, every attempt to engage with the school failed, and that the school had told her daughter not to say a word to anybody about her experience. Her daughter, she claimed, went to Dubai as a virgin, and returned as the protagonist in a sex video, traumatized, afraid to return to school.
I followed the story closely. The Lagos State Government having shut down the school and its various branches warned the public to desist from sharing the video. Long before the state government reminded everyone that the circulation of pornography would attract a penalty of 14 years imprisonment, the video was already in circulation in any case, and many social media sites used it as click-bait. But what would any parent gain from a group of minors exploring adult experience? Many must have been motivated by sheer curiousity and the native belief that seeing is believing. The Lagos State Government has now re-opened the Chrisland Schools, and the students are on their way back to the classroom in all the locations where the school has branches: Victoria Garden City where the incident occurred, Idimu, Ikeja, Festac, Lekki and elsewhere.
Chrisland is one of those well-appointed schools with a strong reputation and record of achievements dating back to 40 years. The Awosikas, owners of the school, have through their educational system produced generations of students who have become established in many fields of human endeavour at home and abroad. In the absence of a functional public system, many parents patronize schools like Chrisland which aspire to and maintain higher standards of instruction. Nigeria is a country where education is still valued in terms of the acquisition of certificates, observing the routine and the process to the letter. Even if a child is still going to end up as an internet fraudster or as a Boko Haram soldier, parents believe that a starting point is to give their child, good education. This is more the case among the troubled Nigerian middle class, especially in the Southern parts of the country. Elsewhere, in other parts, the story is different. The North, for example, has the largest collection of out-of-school children. In parts of the East, the enrolment of the boy-child in trade apprenticeship schemes, by the way a global business model, continues to compete with enrolment in the formal school system.
This then makes it all the more surprising when it is reported one case after another that there are serious issues with the same schools that middle class parents and their wannabe colleagues patronize. In the same Chrisland School in question, there was a report around 2019 about a male teacher who was said to have defiled a 2-year-old. The man was convicted. In Abuja, there was also the case of a victim of sexual abuse, 14-year old Keren-Happuch Akpagher who died in one of the elite secondary schools – Premiere Academy, Lugbe. Before the latest incident in Chrisland, there was also the matter of Dowen College in Lekki, Lagos, in which 12-year old Sylvester Oromoni died. The Dowen College matter, still unresolved, with the family still protesting an attempt to sweep the matter under the carpet, was a big scandal. These are three of the reported cases of similar incidents in schools across Nigeria and in Lagos State. Many more of such incidents would go unreported, given the culture of silence that governs the Nigerian cultural and social space. Now, after the temporary closure of Chrisland Schools and police investigations, Chrisland has now been reopened by the Lagos authorities. The Police and the Lagos state government probably acted swiftly in order to prevent the ugliness of the Dowen College affair from re-occurring. To start with, I think, a review is necessary. In this country, we forget too soon, too easily. Things happen at such a frenetic pace, that we hardly have the time to reflect on what may have happened, before we move on to the next incident. Our present-mindedness, that is temporocentrism, is the biggest affliction that holds this country down.
I was struck by three major reactions to the pre-teenage sex scandal of the Chrisland students. Tonto Dikeh, the star actress was the first to raise the alarm, having watched the video she said she did not think this was a case of rape or sexual violence, and that from the way the child was riding the male horse beneath her, it was obvious to her that this was not the child’s first sexual encounter. She actually calculated the rhythm of the motions, it would seem, and surmised that the girl must have had sex at least five times and that there must be an adult somewhere who exposed her quite early. I am tempted to believe Tonto Dikeh. She is a mature, experienced, woman of multiple talents. I am therefore not in a position to doubt her ability to read bedroom, erotic movements and put a date and a stamp to same. But her more cogent point is that parents need to pay more attention to their children. The second reaction came from Shola Ogudu, the mother of Ayo Balogun’s first son, Boluwatife. Ayo Balogun is the superstar musician known popularly known as “Whizkid or Star Boy.” Ms Ogudu in a statement disclosed that her son attends the school in question and that she accompanied her son to Dubai for the World School Games – 76 students from Chrisland and incidentally, the school won about 34 medals which no one has bothered to talk about!
Ms Ogudu indicated that there was no way she could have allowed her son to travel alone to a foreign country, in the midst of 76 children and others! She advised parents to be more attentive, and devote more time to their children. Unlike the aggrieved mother in the story, Ms. Ogudu was full of praise and support for Chrisland Schools. The third reaction that caught my attention was the statement by more than one psychologist that both the girl in the video and her parents need psychological counseling. And I ask: how about the boys too? What kind of 11-year old male child starts having sex so early? What kind of homes are these characters from? I have heard some people arguing that parents do not have time. Schools and teachers are expected to act in loco-parentis. This is where the problem lies.
In our time, growing up, our parents were hands-on guardians, coaches and advisers. They drummed values into our ears at every turn. Each time you tried to venture out of the house, to attend an event or return to school, you would be told: “Remember the child of whom you are.” This had nothing to do with money but everything about values, character, dignity and integrity. But in the new society in which we have found ourselves, many parents have abdicated their responsibilities. They claim that they are busy looking for money to meet everyone’s needs. In the course of that pursuit, a child is handed over straight from the maternity ward to a retinue of nannies, home assistants and aides. In our new society, we throw money at everything including our children. Daddy has no time. Mummy is too busy trying to compete with the Joneses. The children are given all the toys that they want - from TV, to Play station to 24-hour electricity supply. These uptown babies of the new society do not cry. As Max Romeo and the Upsetters put it: “They don’t know what hungry is like/Uptown babies don’t cry/They don’t know what suffering is like/They have Mummy and Daddy/Lots of toys to play with/Nanny and Granny/Lot of friends to stay with…”
As soon as they are old enough to press numbers, they get a sleek, smart phone – usually the costliest in the market, with unrestricted access to social media. Some parents even open instagram and TikTok accounts for their children as soon they start crawling. This Gen Z group is soon introduced to all the negative stuff that social media can offer. Even outside that space, they are exposed to the dissolute lives of their parents: twerking moms, violent, 12 o’clock Dads and a community of sick uncles and aunties who set very bad examples. There are many households out there in which parents and their children are strangers to one another. When the children then fail in school, morally and academically, the same parents blame the teachers. They claim that they have paid so much money so that their children can get the best training possible. The truth of the matter is that money cannot buy everything. There are just certain things money can’t buy. Many parents themselves are in need of parenting! What do you make, for example, of those overgrown babies who wake up in the morning, eat spaghetti and spend the rest of the day playing games in front of the TV. They don’t have to work: their own parents have made enough money to feed the next five generations of idle sons and daughters! These idlers father children and the cycle continues.
It seems to me that all cases of reported misdemeanor in our schools should trigger introspection in every right-thinking, concerned stakeholder. The problem is not that of Chrisland Schools. It is an indication of the deepening moral turpitude in our land. Everything that can go wrong is wrong with the younger generation: juvenile delinquency, drug abuse, value system, cultism, the kind of music they listen to- there is even a gang called the Naira Marley Gang – you don’t want me to describe the sociology of that. Adolescent sexuality is on the rise, with promiscuity now the order of the day. Aristotle told us that “a child learns by imitation” Nigeria has taught its children bad imitation, and that is why the children replicate the bad behaviour of their parents. It is beyond the schools. After all, one Christian university in this same country once decided that it would conduct compulsory virginity tests on its new female students. Many of us complained at the time that this was discriminatory and gender insensitive. The school authorities stood their ground. After two sessions, they didn’t need to be persuaded to abandon the practice without any argument, when they discovered that among the teenage female university entrants, a virginity test was no more than a futile search for a virgin in a maternity ward!
When incidents such as the one under review occur, processes are important. I hope that the Lagos State Government and the Police would make their findings public. By deciding to re-open Chrisland Schools, both authorities must have made some findings and reached a conclusion that the school has no case to answer. Many parents are relieved. But the public has a right to know more. Parents in particular, need to know. There are also lessons to be learnt from how Chrisland Schools management has controlled the crisis and managed the communication process. They have done much better than the managers of Dowen College who practically slept off in the face of a crisis until things went out of hand. The team of crisis managers at Chrisland stayed on the matter and bombarded the public with their own version of the story before the alternative could gain ground. They had the support of other stakeholders who helped to intensify other aspects of the narrative, including detailed revelations about how the girl in question is an indulgent, over-pampered child with a reputation for sexual displays on social media and a wayward, bad-girl-attitude for which she is reportedly unapologetic!
Chrisland School has done a good job of rescuing and protecting its brand all through the storm. In a statement signed on behalf of the school by Akin Fadeyi, a member of the school’s Advisory Board, the school has in place a strong child protection mechanism. Going forward, the school must see the need to invest more in that mechanism, and constantly engage with parents to provide the best possible arrangements for students. Besides, Mrs Winifred Awosika needs to take a second look at the Victoria Garden City (VGC) branch of the School. It was in this same school three years ago, that a teacher was eventually sentenced to a prison term of 60 years for sexually abusing a 2-year old. Is there something amiss in that school that needs to be addressed? Could it be the celebrity environment on the Island? Lagos State has more than 20 thousand schools – public and private, from the primary to the tertiary level. The Government should strengthen the Inspectorate Division of its Ministry of Education to make it more efficient, vigilant, and productive for the good of all. To parents, a simple message: wake up!
Pursuant to the powers to exercise the prerogative of mercy vested in the President of the Federal Republic of Nigeria in Section 175 (1—6) of the 1999 Constitution the Federal Government last week granted state pardon to two former state Governors, Rev Jolly Nyame of Taraba State and Senator Joshua Dariye of Plateau State, along with 157 others. The effect of pardon amounts to the nullification of punishment or consequences of a crime and conviction. The person is fully restored as if he never committed the offence in the first place. It is perhaps for this reason that Justice John Marshall in US v. Wilson (1833) describes a state pardon “as an act of grace”. The President of Nigeria grants pardon as a prerogative or an act of discretion to correct perceived injustice, wrongful punishment or judicial excesses and this could be a tricky point given the salience of the doctrine of separation of powers. The easiest defence however is for the government to hide under the cover of public policy, or the fact that no law is broken when state pardon is granted since it is a constitutional function. The only caveat is found in Section 175 (5) which requires the President to seek the advice of the Council of State and Section 175 (6) which asks the President to act “in accordance with the advice of the Council of State.” In Nigeria, the power to grant pardon is vested in the President with regard to federal offences (section 175) and in State Governors in respect of state offences (Section 212). A pardon is not the same as amnesty which is granted before prosecution, as seen under the Presidency of late President Umaru Musa Yar’Adua when he granted amnesty to Niger Delta militants nor is state pardon a form of judicial review as defined for now under Nigerian law.
Nigeria has a fairly long history of state pardon. In 1966, before the civil war, the Yakubu Gowon regime pardoned Chief Obafemi Awolowo, leader of the Action Group, and former Premier of the defunct Western region, and Chief Anthony Enahoro, journalist and politician, who first moved the motion for Nigeria’s Independence in 1953, both of whom had been convicted of treasonable felony in 1963. President Shehu Shagari pardoned General Yakubu Gowon to nullify the accusation that he was involved in the 1975 Bukar Dimka coup that led to the assassination of General Murtala Muhammed. The same Shagari administration pardoned the Biafran leader, Odimegwu Ojukwu, for leading the Biafran secession between 1967 and 1971. General Babangida granted pardon to Nduka Irabor and Tunde Thompson, two journalists with the Nigerian Guardian newspapers who were jailed under the draconian Decree 4 imposed by the Muhammadu Buhari regime. General Abdusalami Abubakar pardoned then General Olusegun Obasanjo who was convicted of involvement in a coup plot by the Abacha regime. President Obasanjo pardoned a former Speaker of the House of Representatives. In 1999, Salisu Buhari was convicted for forging his certificate- the famous Toronto scandal. His sins were later officially forgiven. In March 2013, President Goodluck Jonathan granted pardon to former Governor of Bayelsa State, Chief Diepreye S. Alamieyeseigha along with Lt. General Oladipo Diya (rtd.), Major-General Abdulkarim Adisa (rtd), former Managing Director of Bank of the North, Shettima Bulama, In April 2020, the Buhari administration granted pardon to former Governor of old Bendel State, Prof. Ambrose Alli, Chief Anthony Enahoro, Col. Moses Effiong, Major E.J. Olanrewaju, Babalola Ajayi and 44 others.
Presidential pardons have been controversial in Nigeria. The general public often subjects the pardoned persons list to rigorous scrutiny, with questions usually raised about the criteria for determining who gets pardoned and who does not. This stems from the concern that it is often the privileged and well-connected members of society who have run foul of the law that are often ever so lucky. Even if this may not be completely true, the point is well made that a President with monarchical powers or a state Governor seeking political patronage may exercise the powers of pardon without restraint, resulting in abuse. There are also moral and emotional concerns. In this regard, perhaps the most controversial pardon granted so far in contemporary Nigerian history would be that of Chief DSP Alamieyeseigha who escaped from the arms of the law in the United Kingdom, only to return to a hero’s welcome in Nigeria and the subsequent nullification of all the sins he was alleged to have committed against the people of Bayelsa state. The pardon that was granted him by the Jonathan administration in 2013 was seen as an act of affront by both local and foreign analysts. Alams, as he was known, was accused of having corruptly enriched himself with the resources of Bayelsa state. What was overlooked in this particular case was that the pardon for Alamieyesiegha, initiated by President Umaru Musa Yar’Adua and later effected by President Jonathan was conditional. President Yar’Adua had involved Alams in the amnesty process in the Niger Delta with a promise that in appreciation of his contributions to the cause of peace and stability in that troubled part of Nigeria, he would be granted pardon. Sometimes the trigger of controversy may simply be blatant error on the part of the authorities as in the case of the April 2020 pardon of Chief Anthony Enahoro. Enahoro was convicted and sentenced in September 1963. He was pardoned by the Gowon regime in August 1966. He went on to become a Federal Commissioner for Information and Labour in 1967. To pardon him a second time was a loud demonstration of absent-mindedness, and to think the pardon was duly gazette. Some government officials failed to check the records!
Controversial pardons are not limited to Nigeria. However, in the United States where the pardoning process is as in Nigeria, vested in the President, the history of pardons has been more acrimonious. Just to cite a few examples: On September 8, 1974, President Gerald Ford granted full and unconditional pardon to former President Richard Nixon over his involvement in the Watergate scandal that led to his unceremonious resignation from office and any crime that he may have committed as President. Many Americans felt that the pardon was undeserved. It was a controversial decision but Ford stood his ground. He paid a heavy price for that. His popularity rating dropped. Similarly, in 1983, President Bill Clinton’s pardon of millionaire Marc Rich was generally considered too oily a bargain. On his last day in office on January 20, 2001, President Clinton announced more controversial pardons including left-wing Patty Hearst, Susan Rosenberg and Linda Evans. He also pardoned his own half-brother, Roger Clinton who was convicted for drug trafficking! His last day in office has been described as “pardongate” – a total of 140 pardons! Clinton was known for inciting public outrage with his pardons as was the case when he chose to commute the sentences of 16 FALN terrorists in 1999. His own wife, Hillary Clinton voted against the decision when it was tabled before the Senate but the President could not be stopped because he held power of discretion to grant pardons. The whole idea of presidential pardon in the American system, a hold-over from the British system was first proposed at the 1787 Constitutional Convention by Alexander Hamilton but over the years, there have been fears about how such absolute power, resting on the discretion of one man could be abused, and indeed in his last days in Office, it was thought that President Donald Trump could grant himself a pardon in advance to protect himself legally from the fall-outs of the January 6, 2021 insurrection at the US Capitol. President Trump tried to meet Clinton’s record, if he did not surpass it. In the final hours of his Presidency, Trump granted 70 pardons to mostly financiers and lobbyists, and executive clemency/commutations to 73 others.
Back to Nigeria, it should in fact not be surprising that so much outrage has greeted the announcement of pardon to two former Governors – Dariye and Nyame. Those who have commented on the list are not necessarily bothered about the 157 others, but the two former Governors. The sentiments expressed so far are similar to the reactions that attended the pardon of Chief Diepreye Alamieyeseigha in 2013. Like him, Nyame and Dariye were accused of corruptly enriching themselves at public expense. Dariye, Plateau State Governor (1999 -2007) was charged for money laundering (N1.16 billion). His matter went from the High Court all the way to the Supreme Court, at the end of which he was sentenced to 14 years imprisonment by the High Court; this was later reduced to 10 years by the Court of Appeal, and his conviction was finally upheld by the Supreme Court. Rev Jolly Nyame, Governor of Taraba State (1999-2007) was sentenced to 12 years imprisonment. And now both men have been freed, completely without conditions. A pardon may be with or without conditions. Theirs is without any. Femi Falana SAN, Jubrin Sam Okutepa, SAN, Governor Nyesom Wike, Reno Omokri and a host of others have argued that this is a form of endorsement of corruption coming from a government that says one of its cardinal tasks was to fight corruption. In his Easter homily on April 17, Bishop Matthew Hassan Kukah of the Catholic Diocese of Sokoto says there are many innocent people languishing inside Nigeria’s “broken system” who should also be freed. His words: “I thank the President for accepting the report of the Committee on the Prerogative of Mercy and granting pardon to over 150 Nigerians serving various terms of imprisonment. The more serious challenge is to immediately free all innocent Nigerians who are held captive and whose only crime is that they are living in Nigeria.” Mike Ozekhome, SAN in an informed commentary on the matter argues that the crux of the matter is that “granting pardon to people convicted of corrupt practices, whether still serving or having served, may be construed as tacit approval of such corrupt practices.”
He argues further that the Council of State arrived at the endorsement of the pardon in error because the two former Governors committed the offences for which they were convicted under state law, the Penal Code Act and not under a Federal legislation, and to that extent, the appropriate person to grant them pardon would seem to be the Governors of their respective states under Section 212 of the 1999 Constitution. He asks: “where lies the justice for the impoverished people of Plateau and Taraba States who will now watch their tormentors stroll out with red carpet treatment?” Incidentally, it is not only lawyers and civil society activists that have expressed shock. It has been reported that even the officials of the anti-corruption agency, the EFCC and their lawyers are alarmed and demoralized. The agency reportedly spent 11 years and millions of Naira on investigation and prosecution of the two former Governors, and now both men are free. They have been cleansed of their sins. Rivers Governor, Nyesom Wike says the judges who convicted both men have been exposed to ridicule, and that the pardon is politically motivated - Nyame and Dariye are members of the ruling All Progressives Congress (APC).
The strongest objection that has been put up is the impression that has now been created that the state protects the rich and that the poor in Nigeria have nothing to regret more than their powerlessness and lack of connections. Hence, Femi Falana SAN observes: “A Nigerian was jailed for stealing noodles in Abuja, he was not granted state pardon. If you want to pardon your friends, you must extend that pardon to other people in the spirit of equity and fairness.” Falana wants all thieves in prison to be pardoned – in other words, what is good for the big thief should be good also for smaller thieves.
The reality check in all of this is that the deed is done and the President is unlikely to reverse himself. Ozekhome raises a cogent question about the people of Plateau and Taraba. I am surprised he overlooks the fact that some people in both states, including incumbent Governor Simon Lalong of Plateau, even Governor Samuel Ortom of Benue State have been thanking President Buhari for pardoning their kinsmen. The same people will organize a hero’s welcome for the two former Governors. The effect of their unconditional pardon, after all, is that they have become new men - novus homo! As the political parties prepare for their presidential primaries, it is not impossible that these same men could show up as political candidates – for Senate or Vice-President or even President! The other point made by Ozekhome, with due respect, is to be seen as part of the crisis of federalism in the country. It is true that the two Governors committed offences under state law, but the affected states never investigated or prosecuted them. It was the Federal Government as an interloper that did, and so, the Council of State acted according to the process in place.
Beyond the moral anger that has been displayed, we should be more concerned about how to prevent the abuse of presidential pardon to ensure that the main beneficiaries are not the rich and mighty and that the near-absolute powers exercised by the President are curtailed to prevent a situation whereby pardons go more to friends of the ruling party or kinsmen and political associates. The Council of State, created by Section 153 (1)(b) of the 1999 Constitution, and which is referred to in an obligatory sense in Section 175 (5) and (6) is more of a ceremonial or advisory body. Its members have no powers to overrule the President in respect of state pardon, in the same manner in which the Legislature can challenge the President or the judiciary can question Executive powers by defining what the law is. The power of a President to grant pardon, while an act of benevolence, is rather slippery. He is, in any case, the Chairman of the Council of State. In order to develop our Constitutional framework further, the judiciary should be involved in the pardoning process to check arbitrariness, reduce the scope of discretion, and to ensure that there is a judicial review of the pardon list to bring it more in conformity with the laws of the land and the end of justice. But should this appear as if the judiciary is being brought into the fray to become a judge in its own case, then the Council of State should be given more powers to be part of the process of determining the pardon list, instead of being brought in at the last minute to rubber stamp an Executive decision.
Last week, the Nigerian Communications Commission (NCC), a government agency under the Ministry of Communications, currently led by Minister Isa Pantami, took the decision and made same public that any user of a GSM phone who is yet to link his or her National Identification Number (NIN) to a Subscriber Identification Module that is SIM cards, would be barred from making any further calls on the country’s telecommunication network. The telecommunication operators were so ordered to effect the directive and so by April 4, over 48 million phones had been barred from making any GSM calls. The idea of having mobile telephone lines in Nigeria linked to NIN was first mooted in 2020. Ten times so far, the Ministry of Communications and its subsidiary agency, have extended the deadline for compliance ten times. In December 2020, over 72 million lines were barred from making calls. Following appeals to government, the deadline was again extended the tenth time.
The original reason given for the registration of SIM cards was national security. Too many persons, the government observed, commit crime through mobile telephony, from the use of the lines to kidnap persons collect ransom, lure persons into ritual killings, rape, murder, extortion advance fee fraud and all kinds of criminal activities. In a country of over 200 million people, it made sense to use mobile telephony penetration to track the people and gather data. The linkage between the Nigerian Communications Commission and the National Identity Management Commission (NIMC) in this regard made sense. Data is the biggest problem in Nigeria. Nigeria plans without data. Nigerians do no respect data. They are more likely to operate on the basis of faith and superstition. Nigerians don’t even know how many they are. With the increasing penetration of mobile telephony, a veritable tool of inclusion and democratization, there is no doubting the quality of data that can be mined from such a strategic and accessible public and open resource foe development planning and national security reasons. It is in this regard that I think the NCC/NIMC intervention was useful and advisable, absolutely in principle. Indeed at a point, the Nigerian regulator fined MTN, the biggest telecommunications company in the country, $3.9 billion for failing to disconnect unregistered SIM cards.
But where are we at this moment and why? In the last week, many Nigerians whose phones are not yet linked to the NIN, are busy agonizing. They cannot make direct calls. They can only receive calls through their WhatsApp applications. Over 48 million Nigerians have been shut down. I can no longer count on my finger tips or the strands of hair on my head, the number of Nigerians who are literally weeping and gnashing their teeth that living without their mobile phones is like a trip to purgatory. Businesses have been affected. Love lives and relationships as well. this reminds me of an essay I once wrote wondering how we used to live before the advent of mobile telephony. I recall those days when every Femi, Chuka and Musa used to go to NITEL offices to make phone calls, only to get lucky or unlucky after many hours on the queue. Few persons had phones at home at the time, and those who were privileged what kind of phones did they have? - early 20tth Century grandfather phones that left your fingers bruised after every call and after a usually annoying encounter with the disrespectful staff at the telephone exchange who could be heard often times eavesdropping on your conversation and giggling at your expense.
The revolution in the telecommunication industry in Africa put an end to all that. It brought the people more than anything else, freedom. It shattered one aspect of the illusion of elite privilege and superiority. Telephone exchange staff became irrelevant – nobody needed them any longer and the gossip that they enjoyed ended. For a hwile there was something called Thuraya Satellite phones! All those women who got carried away by men who wielded those bulky phones, just before the democratization of telephony must be wondering why they got carried away so easily by something that became nothing within such a short space of technological advancement and innovation. Today, Femi, Musa and Chuka can hold a phone, and call anywhere in the world without anyone’s assistance.
The only problem I see here are those Nigerians, the annoying ones who don’t load credit on their own phones, that is the “Oga, Oga, I don’t have credit, please call me back” crowd. When you call back,, the same person who has no credit on his or her phone wants to beg for money from you, but he or she would never think of borrowing credit to even borrow from you. This is why my favourite feature on mobile telephony is True Caller. Once you can memorize the list of time wasters and the greedy crowd, it is easy to just ignore their calls, except they are willing of course to make the call, before that usual line: “Brother mi,, please I need your help oh.” The danger is that every request is a matter of life and death, and the response is expected immediately. Nobody cares about your own circumstances. When you tell them you don’t do this thing they call bank transfer, they would even offer to travel down to set it up for you, so that any time they need a handout from you, there will be no delay - Nigerians and their terrible sense of entitlements and the discontents of mobile telephony!
If people suffer this much in the hands of extended family stalkers, extortionists and abusers, I have no problem with the state qua state saying that it needs to have a record of everyone who makes a call, or owns a phone. A mobile phone looks good. It is a tool of communication. It is also a status symbol. Indeed, when some Nigerians step out of their homes in the morning, they do not hold one phone, they carry about three, and in terms of cost, those three phones are more than enough to buy a plot of land and start the foundation of a building. Some people are so vain, despite the poverty in the land, that when you move beyond the value of their many phones and assess the cost of their jewelry, and apparel, the total combo would be enough to build a house! With such display of insensitivity and the crime level in the country, the Nigerian government is right to seek to know what people do with their phones. And who owns which phone? These small gadgets that people hold in their hands and call mobile phones can be used for good and ill. It is the same instrument that is used to announce good news, that terrorists use to deliver messages of evil. Freedom is a good concept in human societies, but it is not an absolute proposition.
But why would Nigerians refuse to obtain the NIN and link their phones after ten postponements by the National Communications Commission (NCC), over a period of two years. The first thing is that the people do not trust their governments. We have reached a sad point in this country whereby the people consider government their Number One Enemy. They doubt anything that is related to government. Whatever government proposes, the people are likely to think that the primary interest is not theirs but the selfish interests of government officials. Without any deep reflection, they reject any government initiative almost instinctively: The fact that religion, ethnicity and ego are often thrown into the mix makes everything worse. Nigerians are also the most superstitious human beings in the world. They read meanings into everything. When this whole drama about NIN/SIM started, Nigerians were naturally suspicious. Nobody allayed their fears and so the conspiracy theories grew wings. Do they want to monitor our phone calls? What do they need NIN for? Do they want to use this as an excuse to bring in people from Niger and Chad to manipulate 2023 General elections? Even if we take the numbers, who will protect privacy and guarantee integrity?
As is typically Nigerian, nobody could offer any clarifications. The approach adopted by government was to bully the people and issue threats. That worked. People trooped to the registration centres. The centres were chaotic. Long queues; abusive staff. There were reports of extortion to get just a number. NCC addressed that by getting the telecommunication companies involved and setting up new centres at some point. It was at that point that I got involved. I had to get to the service centre at 6 am, alongside Ms. Ijeoma Nwogwugwu and Mr. Adibua Okwesa. Still, we met a queue. It is so strange that in Nigeria, you cannot get certain things, including visas to foreign countries, or a National Identification Number, (NIN) except you go through a night vigil or its equivalent. The Federal Government of Nigeria may insist on its policy choices in this context, but the point is that it was a terribly managed process. The repeated extensions were also in part due to failures on the part of government and its agents. The NCC and the Federal Ministry of Communications jumped into the process without any clear thinking, completely without preparation and without enough public enlightenment.
The second thing is that the people don’t really care. Why should NIN/SIM card alignment be a priority when Nigerian borders are so porous and there is so much poverty in the land?
What I cannot understand is the chaos and confusion that people have been subjected to in the last few days. Suddenly and after a fashion, many NIN registration points are no longer working in parts of the country. Persons who had even obtained the NIN and who may have forgotten to link the NIN to their phone lines are being told to wait. They are asked to wait either because their numbers cannot be traced or that the electronic system in these places is down. People are desperate. They have learnt to rely on their mobile phones. Losing a phone is like being castrated; holding a phone and not being able to make a regular call with it is like mental torture. People around me have been screaming. They are losing it because they can’t make calls without their phones. They shout on top of their voices when I tell them that we once lived in this same country where a certain military chief, a Minister of Communications, who later became a prominent politician and Chairman of the country’s legislature, boasted, one of those days, that telephones are not meant for the poor! They think I am talking fiction, but it is the truth, even if the man’s media handlers have tried to water down the statement over the years. These days the poor own the phones and they are very assertive about their right to also make phone calls.
I want to appeal to the Federal Ministry of Communications and the National Communications Commission to take a second look at the latest deadline. When the queues built up and the people complained, the government was helpless. I commend the agencies, however, for the decision to extend the deadline further until now.
I also admit that the Federal Government had given so many earlier warnings. But that is Nigeria for you. The people do not obey directives by government until they are convinced that it is something deserving of their concern. But by now, it must be clear to Nigerians that government means business with the registration of NIN and SIM cards. Their reluctance to comply is more of a comment on people-government relations than the people themselves, or perhaps both to be fair.
I recommend a more cautious approach. Even those who had their NIN cannot link up. The NCC must look at their back-end operations. It is either the operating system is overwhelmed or there is a need to look at whatever is happening at that back-end. Phone users have been told to go quickly and sort out their NIN/SIM registration and many are out there in compliance but the confusion is enormous. It would be wrong to project the typical Nigerian attitude that the people deserve to be punished. No. Many are actually innocent offenders. It seems to me that the alignment of the NIN and SIM cards should be a permanent, on-going process. There must be more creative ways of making sure that the people comply. What are those other options? Candidly, I have no technical ideas, beyond common sense, but I think mounting additional pressure on a population that is already under the weather as a result of existential uncertainties is most unkind: a national currency that is heavily devalued, the cost of diesel going up so badly even the rich now ration electricity supply, no jobs, no water, no electricity and yet in the midst of it all, some people are beginning to show up talking about 2023 general elections and promises that they do not intend to keep.
The barred GSM lines should be opened up for another reason: the cost to the economy and the effect on the mental health of the people. I suggest that the government should meet the people half-way, encourage them, and show a little more empathy. The people should also meet the government half-way by simply obeying the directive that every barred SIM card should be registered and thereby get unbarred.