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Some states need that "declaration of emergency" – Kayode Ajulo
Kayode Ajulo, lawyer, politician and Civil rights activist is of the opinion that some states need that "declaration of emergency rule."
Ajulo made this know on Saturday as guest on CityTalks with Reuben Abati.
The Proposed state of emergency rule by the Minister of Justice and Attorney-General of the Federation, Abubakar Malami have being criticized by the Governor of Anambra State, Willie Obiano and the Ohaneze Ndigbo.
Their arguments were referenced to the killings in Borno, Yobe, Plateau, Benue, Katsina, Niger and even in Kaduna State and yet elections were held in all those states and nobody contemplated a state of emergency in those states.
According to Ajulo’s views, “I’m sure that the legality of it is not the issue, What I think that everybody is concerned is the policalization of the issue of the state of emergency.
“The truth must be told, whether we like it or not, Nigeria is at war particularly some part of the nation is at war and declaring a state of emergency is very parity.”
The civil activist added, “I sympathize with them and I appreciate their sentiments particularly in the sense that Anambra state is not the only state in the federation where we are having insecurity challenges, the question today is that why should it be Anambra?”
CITY TALKS WITH REUBEN ABATI
City FM is inviting you to a scheduled Zoom meeting.
Time: 11:45am
Guest: Kayode Ajulo Esq
Topic: Proposed state of Emergency in Anambra
Date: 9th October 2021
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Meeting ID: 928 7714 1732
Passcode: 600206
2023 Presidency: We need a good and a competent President - Pastor Ituah Ighodalo
Pasto Ituah Ighodalo, Senoir Pastor of the Trinity House Church, is of the opinion that what Nigerian’s need is a good and competent President.
The clergyman as guest on City Talks with Reuben Abati is that talking about rotational Presidency, we are talking about dividing the pie and not making a bigger pie.
Zoning and rotational presidency has been on the front burner ahead of the 2023 election.
Some have argued that the presidency should be rotated between the North and the South
And some other people have questioned the legality of zoning.
According to their substantive argument, the Constitution of the Federal Republic of Nigeria has no room for zoning or “rotational presidency”. What it provides for in Section 14 (3) is the necessity to reflect Nigeria’s federal character in the composition of the government and its agencies. The aim of the federal character clause, as underscored in Section 14 (2) (c), is to ensure the participation of the people in their government.
Pastor Ighodalo stated that it doesn’t matter to him, where the gentleman or lady comes from, as long as they are competent; they are welcome.
He mentioned that “It is an unfortunate reality where some sections of Nigerians for whatever fear or anxiety or whatever the British may have instilled into their minds, feel that except they are in certain key positions they will not be reassured that they have a stake in Nigeria or they feel they may be marginalized.
“Nobody should feel that way and if any President no matter where he is coming from, marginalizes any part of Nigeria or any person in Nigeria, then that person is not fit for purpose. We should be looking for person that is fit for purpose.”
He blamed the root cause of agitation on competence.
According to him, “Nigerians are feeling a little bit agitated that the Fulani wants to dominate almost everything.
“But the truth of it is that, if the northerners or Fulani have shown competence, and a lot of equity in the distribution of things, and not seem to have shown themselves as wanting to favour a group over the other, nobody will be complaining.
“If most of the appointments they have made had been based on competence and not necessarily parochialism or showing preferences here and there nobody will complain, but it is clear that most of the appointments that have come through; have not really being based on competence.”
[OPINION] Independence Day Blues - Reuben Abati
“Happy Independence Day, my brother. I hope you had a great Independence Day?”
“No. I didn’t. This country don tire me.”
“Tire you how? How can you get tired of your country when the other day, you and I still went to Ngozi’s place to enjoy nkwobi and isi ewu with better orisirisi? Where else in the world can anyone enjoy the kind of special things we enjoy in this country without cutting an arm and a leg?”
“You tend to take everything as a joke. I can’t blame you. I guess someone already said that the great thing about Nigerians is our ability to laugh when we should cry and dance when we should be still and sober. We make light of every tragic situation. We wake up the following morning and pretend as if all is well. If it rained overnight, we manage to forget and forge ahead.”
“Ït is called resilience, my brother. We are a resilient people. We are like the Beetle. No matter how bad the road is, there is no killing the Beetle. We keep going. I am not going to allow some stupid leaders mess me up. They can do all the things they want, I am not going to give up. If they like they can turn the Naira note, the national currency into a meaningless piece of paper, I am going to keep going. Soldiers come, soldiers go. Let me tell you something bro. This too shall pass and Nigeria shall be great again.”
“Your problem is food and drinks. And I understand. There are people like you. Once you can eat and drink, you are fine. But there are some of us who want more from life, and we don’t think Nigeria is working. We think at 61, this country is thoroughly messed up and if I have my way, I will argue that the celebration of October I should be suspended till further notice in this country,”
“Omo, chill. What are you suspending? You can’t suspend history. Nigeria gained its independence from Britain on October 1, 1960. You can’t deny that. Don’t go about suspending things you can’t suspend. Jaiye ori e, bobo”
“But your President suspended Twitter? And even in his 61st Independence Day anniversary, he couldn’t lift the ban on Twitter. He said he had given directives that Twitter should be allowed back into the country based on conditions.”
“Leave Twitter I beg. Jack Dorsey is doing his own business. What has Twitter got to do with Nigeria’s independence anniversary? 61 years of Nigeria. Before Twitter, Nigeria was, after Twitter, Nigeria will still exist. I don’t even know why the President of Nigeria will choose to talk about Twitter on Nigeria’s Independence Day. That speech just went on and on. Good flow but too many unnecessary things inside. I was surprised President Muhammadu Buhari didn’t talk about Evergrande and its troubles and the fuel crisis in the UK.”
“Looks like the weed you smoked is beginning to clear from your head.”
“Which weed? Na drink I dey drink, I no dey smoke. You know say my Mama don die. If I go smoke now, the thing turn my head, who go take care of me? But what I am saying is that Nigeria is not a place you wake up in the morning and you begin to worry yourself? This life itself is not worth worrying about. Just live, and be yourself. Be happy. Don’t expect too much from anybody. This world is full of evil. Government. Government. Government. Who government don help? Can you believe there is power outage in Northern China? If they told you a day will come when white people in England will struggle with fuel scarcity, and beat each other up at fuel stations, struggling to get fuel, and that the streets of London will be filled with fuel queues, would you have ever agreed? But it happened bro. If not for COVID-19 and all these red list, green list things, I was tempted to go to London to make quick business. You buy, hoard, you sell. And make good money. I was looking at those people in London, fighting at fuel stations and for once, I felt good. If that happened in Nigeria, we would have been calling for a revolution, and the end of government. Every country has its own crisis. Let the Heavens fall, life will continue.”
“You are comparing apples and oranges. China does not have an electricity problem. Britain does not have a fuel scarcity problem. They have supply chain issues, and the fuel queues you are jubilating about are beginning to disappear. Britain and China have the capacity to fix their problems. Who will fix Nigeria? Can anybody fix Nigeria? Has anybody been able to fix Nigeria?”
“You like to praise white people. Anything a white man does; you will rationalize it. But you won’t rationalize anything for your own country. Which China? China where government is breathing down everybody’s neck, regulating everything including what time children should go to bed and what games they should play? With all our problems here, I don’t think any Nigerian leader would ever be mad enough to dictate what kind of food I should eat. You are praising the UK? Please who are you praising? Boris Johnson, the Prime Minister who does not know his right from his left? Supply chain problems? Are you saying I did not see those fuel queues? And the punch ups at the fuel stations, sorry, they call it forecourts? I have been telling you, don’t worry yourself. Nigeria is fine. Nigeria is great. If you are not happy, watch a Nollywood film. Listen to good music. Nigeria is the biggest entertainment centre in Africa. The home of pure genius in culture and the arts. The land of diamonds and resources.”
“I see you love escapism. You eat and drink. Watch movies. And you think all is well. That is actually the problem with most Nigerians today. They are so used to suffering, they don’t care anymore. A nation of depressed people.”
“Who is depressed in this country? Me or Davido and Whizkid who are selling out Arenas all over the world with their talent? Or Oluwaburna who is winning big international awards for his genius? Or Chimamanda Adichie who is lecturing European leaders about how to do the right thing in a world in need of justice and humanity? Your problem is that you worry too much about government.”
“Governments dictate how we live”
“And I say leave government alone and focus on yourself to avoid high blood pressure!”
“How? With all the bad roads, and poor infrastructure? And insecurity? When many Nigerians wake up in the morning, they are afraid to leave their homes because they are not sure whether they will make it back home in the evening or end up in the mortuary or a kidnapper’s den?”
“You must have been reading too many newspapers, and those things they write. This is a country of 210 million people. What do you mean people are afraid to leave their homes? Have you not seen the rush at bus stops every morning? And the queues at garages across the country, people moving up and down?”
“Nigeria should not be at that level 61 years after independence. In 1960, it was widely believed that the Nigeria of the future would do better than Japan and Malaysia within a decade. We messed it all up. A 61-year old person in the UK, Japan, and Malaysia is better off than a 61-year old in Nigeria today.”
“Na lie. I know Nigerians who are 61 years old who are on the Forbes list of the wealthiest people in the world.”
“And their names are probably listed on the Panama and Pandora papers, and America’s Wanted List. You will never find my name there.”
“Because you spend your entire life criticizing others. You don’t ever see anything good in anything or anybody. You must change your mind-set. You praise other people. You condemn your own. A 61-year old man or woman in Nigeria is better off than a 61-year old in Malawi or Zimbabwe and Guinea Conakry. How about that?”
“But they don’t kidnap people or kill them like flies in those other countries. What is the worth of a Nigerian life, 61 years after independence? All good things Nigeria destroys them all. The other day, they killed Dr. Chike Akunyili, Dora Akunyili’s husband in broad daylight in Anambra State”
“Yes. Sad. Sad.”
“For days, I kept remembering how the innocent man writhed on the floor, and nobody tried to help him. Instead, by-standers brought out their phones and recorded videos of his agony as life ebbed out of him. Something terrible has happened to this country, both the government and the people. If I had my way, I would ban the use of any phone with a video recording device in this country. Those phones are robbing Nigerians of their humanity and the old values we cherished.”
“Be careful. A few minutes ago, you were condemning the ban on Twitter. Government will hear you now, they will think it is a good thing to ban everything else including Instagram, Facebook and WhatsApp.”
“No society should be this cruel. In one day, in Anambra, the offices of the Department of State Services (DSS) was burned down, same with the office of the Federal Road Safety Commission and the country home of Joe Igbokwe in Nnewi and all you hear is that unknown gunmen did it. Unknown gunmen. Unknown soldiers. Unknown terrorists. Nigeria is a country of unknown citizens. Even the government is unknown. What tragedy can be bigger than that? Please tell me.”
“Ah well, Nigeria will survive. I have faith. According to my Pastor, he was telling us this Sunday…”
“Please can we leave your Pastor out of this? I am not interested in what your Pastor has to say… Religious leaders have done too much damage… They are part of the problem…”
“I just know that Nigeria will survive… My Pastor knows a lot...”
“What do you yourself know? What does your Pastor know about the unending insecurity in the country, the hundreds of children who have been victims of kidnapping in the North and have been scarred for life. What do you yourself know about the failure of the state in major parts of the country? The entire North is a killing zone. The Middle Belt is unsafe. Now the South is also in turmoil. Do you know that things have gone so bad in Anambra State, people are even afraid to go out, every Monday? That state is scheduled to hold a Gubernatorial election on November 6. A month to the election, many of the candidates have suspended their campaigns and fled the state. In fact, it is now being suggested that the Anambra election should be held in Abuja.”
“You like to exaggerate things. How do you hold a Gubernatorial election in Abuja, hundreds of miles away? Will the women and voters of Anambra travel to Abuja to make a choice about their own future?”
“Nigeria’s Theatre of the Absurd. As some of you celebrated Nigeria at 61, some of us spent our time reflecting on these things. In Niger State, a Permanent Secretary in the Ministry of Transport was abducted along with his granddaughter at an event in Zungeru. In the same state, in Kachive Village, 20 persons were killed, houses were razed down by bandits. In Sokoto state, terrorists kidnapped 20 persons and then freed one of their victims to deliver a letter to the traditional ruler of the affected community, to demand a ransom of N20 million. In Nigeria, human beings have become commodities traded on the Kidnappers Stock Exchange (KSE), which is fast becoming far more profitable than the Nigerian Stock Exchange. That is how bad our situation is.”
“Na wah oh.”
“One of these days, we would all be here and we would all hear that a State Governor has been abducted or maybe his wife.”
“Na lie. That can’t happen. A whole Governor?”
“Are you not aware that many Governors no longer spend the night in their states. That is why they all have private jets. They show up in the state to attend events, and as soon it is over, they go to the nearest airport and fly to Abuja to spend the rest of the week. And yet these persons are called Chief Security Officers of their states.”
“Make you no blame them my brother. Who wan die? Everything for this life na destiny. Na where you find yourself, you go manage.”
“Even the economy is in tatters. Our debt service to revenue ratio is frightening. 97.7%. And that is why I don’t understand why there is so much scramble over who should become President of Nigeria in 2023. North vs South. The next Nigerian President will inherit chaos. A broken country, if not physically, but certainly spiritually.”
“Don’t worry yourself, Nigeria won’t break. Did you not hear the President when he said that the Nigeria the British gave to us is indivisible and non-negotiable?”
“I sort of liked the speech. I thought it was a significant improvement on the terrible prose they used to write as Presidential speeches. But a second reading revealed the false claims in that speech. Fine prose yes, but don’t use fine turns of phrase to deceive the people. In this business, that is a form of corruption. In normal life, they call it “toasting”. Those fine things you say to seduce a woman.”
“Omo oor. The thing choke!”
“You heard woman now, see how you are excited like a child. Are you okay? The thing to note is that Nigerians today are beyond seduction. That is why we have all these problems around the country. I just hope that in the next round of elections, Nigerians will shine their eyes, and vote wisely.”
“Shine ya eye! Big Brother Naija. You too watch am? Odogwu, my man, Mazi White Money. The money white e be like snow.”
“I am not talking about Big Brother Naija. The obsession with a group of young men and women living in a cage defined by dissoluteness is a reflection of the state of the nation.”
“Nigeria sef na Big Brother Naija. Discuss. Mazi, White Money, na you biko.”
“I won’t discuss that with you.”
“Leave this Nigerian matter I beg. Na who go remain go remain, make we go drink, clear head. Buhari sef fit dey the other room, we dey here dey drag plenty matter.”
CITY TALKS WITH REUBEN ABATI
City FM is inviting you to a scheduled Zoom meeting.
Programme: CITY TALKS WITH REUBEN ABATI
Time: 11:30am
Guest: Pastor Ituah Ighodalo
Topic: Nigeria at 61
Date: 2nd October 2021
Join Zoom Meeting
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Meeting ID: 928 7714 1732
Passcode: 600206
[OPINION] The Brewing Crisis In Warri - Reuben Abati
Every step must be taken by the Governor of Delta State, Senator Ifeanyi Okowa, the DElta State Government, and the security agencies to prevent what appears to be another emerging round of crisis over the ownership of Warri. For more than 50 years, the Itsekiri and the Urhobo have fought over ownership of land in Warri municipality, and the appropriateness or otherwise of the traditional title, Olu of Warri. The battle has been fought in the law courts in Nigeria and the United Kingdom in such cases as Suit No. W/44/57, Suit No. W/121/57, Suit No. W/41/57, The Supreme Court in SC67/1971, Ometa vs. Chief Dore Numa 1934 11 N.L.R 18. Agbassa land, for example, is one of the most contested areas of Warri, namely Ejeba, Oteghele, Ogunu, Ekurede Urhobo, Igbudu and Ikpokiti. But the Itsekiri insist that they are the true owners of the land and that in fact the Agbassa are customary tenants to the Olu of Warri as determined by the Privy Council in 1941 and the Supreme Court of Nigeria in 1971 and 1972. The Itsekiri further insist that the Agbassa Urhobo will remain their tenants forever.
Beyond the law courts, this conflict over ownership of land, tenancy and customary rights has resulted in bitter feuds between both groups. There is also an Ijaw dimension to a three-way aboriginal confrontation in Warri. In 1997, the relocation of the Warri South Local Government Headquarters from Ogbeh-Ijoh (Ijaw land) to Ogidigben (Itsekiri land) resulted in absolute chaos and the death of more than 80 persons and the destruction of lives and property. The Ijaws believe that the Itsekiri always try to marginalise them. The Itsekiri, less populous than the Ijaws made early contact with European traders and gained a relative advantage in education, commerce, and even subsequently in other areas of life. This has caused over the years, great resentment against the group from their immediate neighbours: the Ijaws, Isokos, and the Urhobo. The sovereignty especially of Warri is a source of unending irritation between the Itsekiri and Urhobo. In 1997, there was war on all fronts: Itsekiti vs Urbobo, Itsekiri vs Ijaw.
In 1952, when the area now known as Delta State was part of the defunct Western Region, Chief Obafemi Awolowo’s government reversed the title of then Olu of Itsekiri to Olu of Warri, the original title of the Olu for more than 400 years. Other ethnic groups kicked. The main conflict between the Itsekiri and the Urhobo may have been over land, but there is politics involved too. And it is ironic: both groups have lived together for centuries. They inter-marry and have children together. Most Urhobos are half-Itsekiri and vice versa prompting the popular quip that the inter-ethnic conflict between them does not get to the bedroom. In 1999, a dispute over land in Ajagbodudu resulted in bloodshed between the Urhobo and the Itsekiri. The mutual distrust among the ethnic groups in Delta State and indeed, the entire South-South is not merely about land or the politics of domination, but how certain stakeholders at various times, seek to exploit these differences for their own advantage. The Niger Delta Basin accounts for about 90% of Nigeria’s oil and gas. Oil was first discovered in an Ijaw community in Oloibiri in 1957.
Whereas the people of the Niger Delta are all marginalised relative to other parts of Nigeria, which feed on oil and gas proceeds, the in-fighting among the same people is accentuated by personal and group needs for access to a per centage of the raw wealth that runs through their communities. It is trite law that whoever owns the land, owns whatever is attached to it. South South Land owners and other stakeholders are entitled to a share of the oil largesse, no matter how small, and to patronage from oil establishments. My suspicion is that the problem is the opportunistic elite in the Niger Delta. They take advantage of everything. They project personal interests as group concerns. They deploy foot-soldiers who have never heard of the Willinks Commission, or derivation, resource control, the Petroleum Industry Act (PIA) to kill and maim over primordial sentiments. They are at it again.
The trigger this time is the emergence of a newly installed Olu of Warri, Atuwatse III, Emitshola Emiko. One of the fall-outs of the Coronation has been the resurrection of an Urhobo group known as Waado. The group has been very active on all social media platforms. It is not a new group, but it has re-invented itself to throw up old and volatile issues of sovereignty in Warri. The group’s message is simply that there is no such thing as an Olu of Warri but an Olu of Itsekiri and that the way to settle the matter this time around is to change the name of Warri to Waado City. “Waddo”: is an Urhobo word, a generic term which means “gentleman.” Urhobos ordinarily great each other at a gathering: “Ürhobo Waado” or “Mimi Waado”, accompanied by a native, responsorial call. The major towns in Waado City as outlined on Facebook by one Omonire Isaac Ovwigho include Edjeba, Ogunu, Okere, Ughotor, McDermott, Igbudu, Ibo market, Main Market, Iyara, Deco Road, Esi Layout, Okumagba Layout, Enerhen, Ekpan, Jedo, Jakpa, Effurun, Osubi, Udu, Eekte, Ovwian, Aladja, Oko-Okuoko, Otokutu, Ugbomro, Agbarho, Airport Road, Ekurede Urhobo and all surrendering (sic?) areas” whatever that means. The Waado group has also posted audio messages online urging Urhobo youths to stand up to the Itsekiri. They are threatening to organise an anti-Itsekiri protest on October 1.
I have seen at least a petition against this “Waado City Group” by an Itsekiri Group – the Itsekiri Interest Group (ING) titled “RE: Promoting Inter-Communal War, A Felony: Contrary to the Provisions of Section 42 of the Criminal Code Law CAP C21 Laws of Delta State of Nigeria, 2008: A Formal Petition Against Dr Ejiro Imuere, Omonire Ovwigho and His Cohorts, Self-Styled “Wado City Group”. The Itsekiri Interest Group (ING), like the Itsekiri Renewal Movement (IRM) before it, is opposed to the request that Warri be renamed Waado City. They claim this is illegal, provocative and an attempt to breach the peace. They want Governor Okowa, in his capacity as Chief Security Officer of the State to nip what may end up as a “deadly crisis” in the bud.
Nobody needs a bloodbath in Warri. Both Governor Okowa and the relevant security agencies should wade into this matter and prevent a certain breakdown of law and order. As we have seen in Ife-Modakeke, Tiv-Junkun, Aguleri-Umuleri, Southern Kaduna, the authorities tend to act too little too late, and when pundits cite the failure of intelligence, they claim innocence. Such an excuse would be foolish in this case. The threat is well known. The dangers have been communicated in advance. Any form of leadership failure will be unreasonable.
[OPINION] Concession Plan for Four Nigerian Airports - Reuben Abati
Hadi Sirika, Minister of Aviation has since announced the proposed concession of four of Nigeria’s major airports: Murtala Muhammad International Airport Lagos, Abuja, Port Harcourt International Airport, Mallam Aminu Kano International Airport, Kano, and Nnamdi Azikiwe International Airport, Abuja. Despite huge investments in these airports, they have continued to operate at sub-optimal levels, and have emerged as poster units for gross inefficiency. The concession which could last for 20 to 30 years, extendable on the grounds of good performance, would involve only the non-aeronautical assets of the airports. It is essentially a public-private partnership, with the Federal Aviation Authority of Nigeria (FAAN) still in control of the aeronautical operations.
In August 2021, the Transaction Advisors for the new model issued a Request for Qualifications (RFQ), a call for interested parties to submit their bids. Sirika argued that the concession of the airports will boost the country’s revenue and grow the country’s air transport value chain. He assured industry workers that there will be no job losses on account of the concession. Private sector involvement was expected to raise the capacity and profile of the airports. Every company interested in the aviation sector PPP was expected to have a minimum net worth of N30 billion. Interested international parties were asked to partner with local companies in line with Nigeria’s local content development policy. Private investors will own, upgrade infrastructure, operate and recoup their investments - a win-win “Nigerian Airports Concession Strategy”.
Airport concession is a popular private public partnership option in the global aviation industry. In Brazil, Japan, France, and Eastern Europe investors engage in similar deals. In 2009, the London Gatwick Airport was subjected to the same process. Other airports around the world in this class include the La Guardia in New York, the Western Sydney Airport in Australia, Clark Airport in Manila, Sangster International Airport in Jamaica, and Sofia Airport in Bulgaria. Back home, Nigeria had its first experience of airport concession in 2003 when as part of the early efforts of the Nigeria Infrastructure Concession Regulatory Commission (ICRC), the Second Terminal of the Murtala Muhammad International Airport, the Domestic Wing in Lagos was handed over to Bi-Courtney Aviation Services Limited (BASL). Concession agreements require diligence, certainty, integrity and the sanctity of contracts.
But what we observe is that the current Airports Concession Strategy is about to end up like that other big project under Hadi Sirika’s watch as Nigeria’s Aviation Minister: that is, the proposed launch of a national carrier called Nigeria Air. The national carrier was unveiled in 2018 at the Fanborough International Airshow in England. The National Assembly approved money for it. We were told aircraft had been ordered. Minister Sirika continued for a while to tell us that the national carrier would be airborne before 2023. Hmm. Minister of Information, Lai Mohammed, reportedly said the project was not getting off the ground, and had to be suspended, due to “investor apathy.” We seem to be travelling the same route with the concession plan involving the aforementioned four airports. Sirika must be worried that he is fast becoming the promoter of big ideas that die and end up as a waste of state resources and everyone’s energy and time. As someone who has had significant experience in the aviation sector, he should know better, and can do better, but we have not yet seen any concrete evidence of his “expertise and experience.”
It is particularly striking that no investor of serious concern, except maybe one or two, has responded to the RFQ issued by the Federal Government in August for the four airports under concession. Last week, the Permanent Secretary, Ministry of Aviation announced an extension of the deadline by four weeks, now ending October 25, 2021. Will the investors seize this new opportunity and rush in to make their bids? No. I suspect we would end up at this same point by that same deadline. There are international investing groups that are strictly interested in airport concessions around the world. They jump at every opportunity. It is their field of play. For them to have ignored Nigeria so blatantly says something about our country’s business environment and the intelligence profiling of Nigeria’s aviation sector. It has nothing to do with the COVID-19 pandemic. What we are dealing with as in the case of the suspended Nigeria Air project, is simply investor apathy. There is Adebayo Ogunlesi, a Nigerian who bought three UK airports, including Gatwick. in six years. Has he shown interest in Nigerian airports? Why should investors snub Nigeria’s aviation sector? The evidence is in full sight.
Nigeria is an uncertain and unstable business environment. Nigerian authorities also do not respect agreements. Aviation requires humongous, long-term investment. It is not a portfolio, the-tree-branch-breaks-the-bird-flies kind of investment. In the Aviation sector with regard to concession, a major trigger of apathy among other investors would also be the maltreatment of the Bi-Courtney Aviation Services Limited (BASL), the first company to run, upgrade and sustain an airport in Nigeria under a PPP arrangement. Bi-Courtney is a Nigerian Company. It is a veritable demonstration of the workability of the Federal Government policy on local content development. But the same Government has been at war with BASL over the concession for more than ten years. Under the agreement signed with the Federal Government of Nigeria, BASL was meant to maintain the MM2 as it is known for 36 years. A new government unilaterally reduced that to 10 years without reference to the agreement. BASL was also in 2003 granted the concession to run the GAT terminal of the Murtala Muhammad Airport, the old domestic wing of the Lagos Airport. A new Nigerian administration also blocked that. Bi-Courtney went to court and won, all the way, to the Supreme Court. Nonetheless, the Federal Government of Nigeria has pointedly ignored its own Supreme Court. And on top of it all, Bi-Courtney which has “a right of first refusal” over the General Aviation Terminal (GAT) in Lagos is not even being given a chance.
I can understand the obsession with the fact that foreign investors are not forthcoming – who wants to do business in a country and a sector where no one respects agreements and things can change overnight? I also understand why the Federal Government says state governments of Nigeria should not submit any bids – those who mismanage Nigeria know and understand each other. The sub-nationals are even worse than the Federal Government. State governments should in fact also concession their own airports, and the airlines that they have set up. There is no guarantee that those investments will live beyond the particular Governor who put them in place.
Extending the deadline for the submission of bids for the concession of the four airports under reference may not change anything. The Federal Government must review its strategy and be seen to be prepared to act in good faith. It must ensure a level playing field for every interested stakeholder in the private sector. It must respect the judgements of the Supreme Court in the matter between it and Bi-Courtney and demonstrate respect for the sanctity of contracts and agreements. It must also show political wisdom. With the current tone and flavour of Nigerian politics, it would be an invitation to crisis to concession an airport in Lagos without Yoruba involvement, the Aminu Kano airport without the major or minor investor being a Northerner, or the Enugu Airport without Igbo representation, or the Port Harcourt Airport without the people of the South South being in charge one way or the other. This may not be ideal but it is nothing unusual in this context. In some other parts of the world, community-based stakeholders and their interests are prioritised. What Nigeria’s Airport Concession Strategy needs is a re-think, a re-set, transparency and a heavy dose of common sense, the lack of which has so far hobbled Minister Sirika’s plans.
Why would anybody use Femi Fani-Kayode as a compass for their own political position? – Dele Farotimi
The defection of the former Minister of Aviation, Femi Fani-Kayode has stirred reactions from the public and even from members of the All Progressive Congress (APC).
According to a statement by the Director-General of the Progressive Governors Forum (PGF), Dr Salihu Moh Lukman disclosed that party members are angry with the red-carpet reception President Muhammadu Buhari gave to the former Minister when he defected from the Peoples Democratic Party (PDP) to the APC last week.
Dele Farotimi as a guest on CityTalks with Reuben Abati, in his reaction about Fani-Kayode’s defection;
He asked,” Why would anybody use Femi Fani-Kayode as a compass for their own political position?”
According to him, people cross-carpeting from one party to another is normal to him because politics in Nigerian is slave trading.
He said, “When I say do not die in their war, it is because I can see that there is no division among the political class.
“There are no ideological or religious division among the ruling class, both economic and political ruling class.
“What you find is that they have become so syncretic that they have become one and when you hear them shouting or seemingly fighting, it is not really an argument that is based on any idea, or anything substantive.
“It is about how the loot which Nigerian common wealth have become.
“How the loot is shared at any point in time.
He added, “But I saw Nigerian repeatedly allowing themselves to be dragged into fighting theselves, hating themselves, killing themselves, justifying the hatred sometimes in the name of God’ on behalf of person who are not interested in anything that has to do with their welfare.”
Farotimi is of the opinion that Fani-Kayode has acted the pedigree suggested by the man who brought him to national prominence stated years ago.
He said, the recommendation offered by Obasanjo said, “give him (Fani-Kayode) food, he will sing for and dance for you”
I Farotimi’s opinion, Fani-Kayode is of no electoral value and he is not a man any rational being should follow in any shape or form.
“When you see movement, it is obvious that electoral seasons are upon us.
“The political class are making calculations, and the people in power are consolidating,” he said.
He added, “It is nothing to be surprised at, it is just for us to understand that there are no divisions among our political class.”
[OPINION] CSOs, NGOs and Their Discontents - Reuben Abati
Civil society groups, including Non-Governmental Organisations are a positive force for change and progress in society, oftentimes helping to bridge the gaps of alienation between government and the people. In developed parts of the world, CSOs and NGOs have been in the forefront of making our world a much better place by helping to fight injustice, man’s inhumanity to man, environmental abuses, global health challenges, gender discrimination and the evolution of a rules-based international system. Ordinarily, power figures succumb to the temptations of power, they get carried away, they trample on the people’s rights, they subject everything and all things to the caprices of politics, civil society organisations help to pull such delusional figures back to the real world of blood and flesh. The academic distinction that is often drawn between CSOs and NGOs may well be quite frankly a matter of nomenclature and the fine distinctions quite blurry, for both are linked by the service that they offer, rather than profit, and their devotion to the common good, and the fact that both are outside the state, working in the interest of the community.
In developing and underdeveloped countries, civil society organisations have similarly helped to advance common causes, and in Africa, they are as old as the communities themselves. Since the 70s however, there has been an explosion of those groups that go by the name NGOs, a label that seeks strictly to differentiate the activities of such groups from the state and business. Most of these NGOs are described as charity organisations, or not-for-profit, or philanthropist efforts. They rely on donations, mostly foreign and are meant to be seen as voluntary organisations making a contribution to the human community. Nigeria certainly has a positive history of CSOs and NGOs role in its development.
I can attest to that having had an insider view of the CSO/NGO community in Nigeria. I was once a consultant for an international agency where my job was to help rewrite and review proposals from Nigerian NGOs. I also worked for other international agencies on public communication processes, change projects and development ideas. At a time, I was co-founder and director of an NGO. I also co-wrote the political agenda of a major NGO. I later sat on the board of an International NGO which decided funding for many projects in Nigeria. I travelled around the world attending conferences on health, population, environment, women empowerment issues, democracy and good governance. I cannot disclose the identities of these groups, but there was no doubt about the quality of the NGO community in Nigeria and how that construct called “the third sector” could propel societal development for good. Nigeria has indeed been a major beneficiary of the efforts of men and women who stepped away from the state and business and tried to give back by devoting time and energy to key issues of our time.
Within the general civil society community, churches, community-based groups, professional associations, labour unions, volunteer groups have also done so much in the making of Nigeria. For anyone who may have forgotten, the Nigerian civil society led the struggle against military rule in this country, and fought valiantly to demand a return to civilian rule. Many died. Lost their loved ones. Hundreds of persons fled into exile. Many more were hauled into detention and jails on trumped up charges. The Nigerian media was courageous. Journalists stood at the barricades along with human rights activists and resisted oppression, at great risk to their lives. At a time in this country, it was a crime and an attempt at suicide to write or tell the truth, yet many spoke the truth. Nobody thought of profit or gain. The only gain was the common good. Many persons and groups went to the streets and shouted “Never Again”. Of course, there were opportunists who profited from the people’s anguish, but my point is that in the 80s and 90s, the Nigerian civil society had its golden moments. We are all beneficiaries of the heroism of those who made the sacrifice in the political arena, regardless of what ails us today.
So, where is that same civil society today? Its complexion has changed. And that is a source of concern. With return to civilian rule in 1999, civil society, praised for its commitment to the major task of saving Nigeria, more or less relaxed. The explanation we offered at the time was that having won the battle over the authoritarianism of the military and the violation of the people’s rights, it made sense for civil society to catch its breath and allow the new democrats to settle down as Nigeria’s Fourth Republic began. This new phase in national development coincided however with an explosion in the number of Non-Governmental Organisations in the country. Having seen the power of civil society, setting up an NGO became a special kind of enterprise. There is nothing wrong in anyone electing to help promote the frontiers of law, human rights and democracy but the lines became strikingly blurred: between NGOs that were truly non-profit and an emergent phenomenon known as NGIs: Non-Governmental Individuals: special purpose, one-man organisations with neither structure nor organisation, but a fanciful name, a business card, an indeterminate address and a fancy-dresser who goes by the name of Chief Executive with a talent for peripatetic conduct in NGO circles and the larger society. In due course, someone took the trouble to prepare a directory of NGOs in Nigeria. Our finding: Many states in Nigeria have more NGOs than companies and direct investments. Each NGO looks for funds from international agencies and local donors. Most of them are vehicles for gaining access to government departments and agencies.
The result was the emergence of the NGO chief as an entrepreneur. And some of the guys really live it up. Loud fashion. Big cars. Opulent quarters. Like everything Nigerian, the NGO community, once a haven of good, became a vehicle of access to the good life. The legacy of the early heroes has since been overtaken by many who are out there to make a quick buck, or offer special services to the highest bidder, no matter how shady the deal may be. It is perhaps not surprising therefore that the Nigerian Government has been trying to control the NGO community, has been very suspicious of it, and continues to attack the civil society community. The contempt is mutual. Between 2015 and 2016, the National Assembly proposed three different bills to regulate CSOs and NGOs viz: A Bill for the Registration and Coordination of NGOs in Nigeria and for Connected Purposes (2015), the Civil Society Commission of Nigeria Bill (2016) and A Bill for the Establishment of the Non-Governmental Organisations, Civil Society Organisations in Nigeria and for Related Matters (2016). The sponsors of these Bills argued that the objective was to ensure transparency and accountability in the NGO sector to the extent that while freedom to act on behalf of the people was important, such freedom must come with responsibility. The big problem was that the phrasing of the bills was adversarial. Most of the provisions sounded like a deliberate attempt to shut down “the third sector” and free speech. In September 2017, 23 NGOs went to court to demand that the Bills should be declared unconstitutional. The hashtag #NoNGOBill dominated Nigerian social media. The Bills died a-borning.
The matter of the NGOs in Nigeria came up again last week when the Federal Inland Revenue Service speaking through one of its directors, Temitayo Orebajo announced that Civil Society Organisations in Nigeria that are involved in “trade and business” must pay tax, obtain a Tax Identification Number (TIN) or get sanctioned in accordance with the law. This has generated mixed reactions among stakeholders. There is nothing new really. The relevant laws for NGOs are the Companies and Income Tax (CITA) 2007, the Personal Income Tax Act No 104, 1993; the Value Added Tax 2007 (as amended). Under the extant law, NGOs in Nigeria are required to pay the PAYE tax, Withholding Tax on goods and services, Local taxes and fees such as parking and garage levies, Capital Gains tax where applicable and Income Tax on passive income. I do not see what the furore is all about. It is not every NGO that is non-profit in the real sense of it. Every NGO is required to be registered by law. The tax exemption that is enjoyed by an NGO is conditional. It is not absolute. Any NGO that wants an exemption can apply to the Minister of Finance through FIRS.
Once an NGO begins to engage in “trade and business”, it must be prepared to pay taxes. This includes those churches and places of religious worship that run travel agencies, schools, bakeries and that manufacture water and other items, including anointing oil, from which they make huge profits. Some of the most lucrative businesses in Nigeria today belong to churches. In God’s name, people are cashing out and claiming that they are NGOs. I am of the firm view that some level of regulation, accountability and transparency is required. There are too many NGOs out there that are merely fronts for other businesses. Nigerians are too busy trying to break or evade the law. Too many individuals parading as non-profit organisations. The usual tendency is to see every attempt at control or regulation on civil society groups as an assault on the civic space. While it is true that the Nigerian government has been complicit in this regard, it is also true that civil society in Nigeria is problematic and cannot be placed above scrutiny.
I recall two instances and with the following illustrations, I will rest my case. I was shocked when during the crisis involving the Niger Delta Development Commission (NDDC), a member of the Professor Kemebradikumo Pondei-led interim management committee, Dr. Cairo Ojuogboh appeared on international television to claim that the civil society community in Nigeria, so-called CSOs and NGOs were part of the problem because these were groups on the payroll of the NDDC. At the time, the NDDC had come under heavy fire from persons who justifiably condemned how a development agency had been turned into a rent collection point by those who were expected to use provided resources to develop the Niger Delta and improve the people’s lot. Cairo Ojuogboh argued spiritedly that if anybody collected contracts, most of them were lawmakers in Abuja and NGOs from the Niger Delta Community, including groups that offered media services. It may be argued that these may have been phantom groups created by the thieves within the system as vehicles for self-enrichment. But they went by the title of NGOs nonetheless, claiming to be non-profit entities! They collected contracts and funds! In Nigeria, anybody can set up an NGO and buy newspaper space and make all kinds of claims. Half of the NGOs out there are not even registered. Just grab a name, design a logo and recruit an online team, generate a fanciful title and you are in business. Nobody double-checks.
I was also particularly alarmed when recently an NGO known as HEDA Resource Centre and its Chairman, Olanrewaju Suraj wwere both accused by the Police ,in a report, of having made false accusations against Mohammed Bello Adoke, former Attorney General of the Federation in the OPL 245 case involving Malabu Oil and Gas Limited. Suraj and his NGO accused Adoke of using an email address belonging to a company owned by a certain Aliyu Abubakar to engage in corrupt activities. Adoke was also accused of having had a phone conversation with an Italian journalist in 2017 where he admitted that the OPL 245 deal was a scam. Adoke has since denied the claims made against him by HEDA. He petitioned the Nigeria Police and asked for an investigation. The Police investigated Olanrewaju Suraj’s claims and wrote a report stating clearly that this was a case of blackmail, and that the information shared on social media against Adoke was unverifiable. Suraj responded by saying the Police Report was fake. The Nigeria Police Headquarters has since responded with the rebuttal that its report is authentic. To worsen matters, we are told that Olanrewaju Suraj’s Human and Environmental Development Agenda (HEDA) is “an unregistered organisation.” The Police invited Olanrewaju Suraj but the police in their report said “he feigned sickness, jumped bail and resorted to issuing press statements maligning the Police, writing frivolous counter petitions and filing suits in Court against the IGP Monitoring Unit, Force Headquarters and the Police…” Olanrewaju Suraj, the report states, has foreign partners!
I have cited these two examples to show just how in our context, “the third society” is very much like government and business – the two other major societies in Nigeria. The NDDC Audited Report has shown the extent of the rot in that body, over 13, 000 abandoned projects and N6 trillion down the drain over the years, with nothing to show for it. The Board that Dr Ojougboh defended may not be innocent, but why would NGOs be part of the loot-sharing at the NDDC? Does the NDDC Audit report include an opinion on these NGOs turned contractors and rent collectors over the years? As for HEDA and Suraj, Mohammed Bello Adoke was maligned. His reputation was dragged in the mud of social media. Although the Italian Court threw out the entire Malabu/ENI trial, Bello Adoke, who was not on trial in Italy, was continuously maligned by HEDA, trying to influence the Nigerian Courts. Our people believe the worst about anyone who ever served in government. NGOs are supposed to be change agents not tools for untruths and blackmail. The Nigerian Government however overstretched the argument when in the wake of the #EndSARS protests in 2020, it made an attempt to descend on the civil society groups in that protest. That was a clear case of lumping the pigeons with the chickens. The main spirits behind the #EndSARS protests meant well, they wanted the good of all, but their ranks were infiltrated by a group of “chicken” forces in civil society who changed the colour of the protest.
The time has come for soul-searching within the Nigerian civil society community. It is not everyone that carries placards that means well. It is not every loud-mouthed, fist-clenching character that is a revolutionary. It is sad that the Nigerian Revolution is a gathering place for anyone at all who can shout loud or bold enough to show up at the barricades. Not even NGOs should be above reproach or the law. But who will guard the guardians? Quis custodiet ipsos custodes?
CITY TALKS WITH REUBEN ABATI
City FM is inviting you to a scheduled Zoom meeting.
Programme: CITY TALKS WITH REUBEN ABATI
Time: 11:30am
Guest: Dele Farotimi (Lawyer and Human Rights activist)
Topic: Political Defections and the state of the Nation.
Date: 18 September 2021
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Meeting ID: 928 7714 1732
Passcode: 600206