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Programme: CITY TALKS WITH REUBEN ABATI

Time: 12:00pm

Topic: 2022 Hajj and Sallah Day

Date: Saturday, July 9, 2022

Guest: Doyin Kukoyi

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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.             

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Programme: CITY TALKS WITH REUBEN ABATI

Time: 12:00pm

Topic: The Ekweremadu Saga

Date: Saturday, July 2, 2022

Guest: Akintayo Iwilade (Lawyer)

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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 15^th 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 1^st day of January 2019 to date; (3) Proof of the total expenditure of the Supreme Court for the period of 1^st 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 16^th 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.  

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Programme: CITY TALKS WITH REUBEN ABATI

Time: 12:00pm

Topic: FUEL SCARCITY

Date: Saturday, june 25th, 2022

Guest: Comrade Edafe Igbini Emmanuel

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“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.”         

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Yesterday, Nigeria declared a public holiday, and marked the 29^th 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?