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President Bola Ahmed Tinubu has rejigged his list of nominees for the South East Development Commission (SEDC) board, replacing the initial chairman, Hon. Emeka Atuma, with Dr Emeka Nworgu.

The President replaced all the three executive directors initially nominated and named two additional executive directors.

The President also removed one of the board members, Donatus Eyinnah Nwankpa.

However, Hon. Mark C. Okoye retains his position as the Commission's Managing Director/Chief Executive Officer on the 16-member board, one more member than the initial board.

The new executive director for finance is Stanley Ohajuruka, who replaced Anthony Ugbo in the first list.

Toby Okechukwu is the new executive director of projects. He replaces Obinna Obiekweihe. Chief Sylvester Okonkwo is now the executive director of corporate services, replacing Dr Daniel Ikechukwu Ugwuja.

The two nominated executive directors without a portfolio are Chidi Echeazu and Dr Clifford Ogbede.

The President retained Barr. Ugochukwu H. Agballah, Hon. Okey Ezenwa, Chief Hyacinth Ikpor, Barr. Ifeanyi Agwu, Nasiru Usman and Hamma Adama Ali Kumo.

The other nominees retained are Edward David Onoja, Orure Kufre Inima and Chief (Mrs.) Joke Adebayo-Chukwuma

All the nominations are subject to Senate confirmation.

President Tinubu expects the new nominees, as pioneers, to use their wealth of experience and expertise to actualise the Commission's mandate and develop the South East region.

Bayo Onanuga
Special Adviser to the President
(Information & Strategy)

President Bola Tinubu has congratulated President-elect John Dramani Mahama on his victory in the December 7 general election in Ghana, following his opponent's concession speech.

In a telephone call to Mahama, President Tinubu hoped that Mahama’s ascension to power for the second time would further bring stability to the Economic Community of West African States (ECOWAS), of which President Tinubu is the chairman.

President Tinubu commended the people of Ghana for their commitment to democracy, which was demonstrated through the peaceful and successful conduct of both the presidential and parliamentary elections.

He applauded Ghanaians for demonstrating again to the world that democracy is the preferred path to achieving political stability, economic development, social justice, and transparent governance in Africa.

He affirmed that Nigeria's and the region’s belief in the principles of the people's right to choose their leaders freely will remain a source of pride.

The Nigerian leader applauded the candidate of the governing New Patriotic Party (NPP), the Vice President of Ghana, Dr Mahamudu Bawumia, for conceding defeat before the official announcement by Ghana’s Electoral Commission.

President Tinubu said Bawumia’s stance reinforced Ghana’s democratic ethos.

President Tinubu noted that President-elect Mahama’s return to Jubilee House, having served as President from 2012 to 2017, reflects the Ghanaian people’s trust in his stewardship and vision to take the country to greater heights.

Mahama served as Vice President of Ghana from 2009 to 2012, Member of Parliament from 1997 to 2009, and held deputy and ministerial roles between 1998 and 2001.

President Tinubu renews his steadfast support for deepening the fraternal bonds between Nigeria and Ghana, underpinned by shared history, cultural ties, mutual support and cooperation, Pan-African goals, democracy, the rule of law, and economic integration.

The Nigerian leader thanks President Nana Akufo-Addo for his exemplary leadership and numerous contributions to Ghana’s progress and regional peace and stability.

The President looks forward to working with President Mahama's incoming administration to strengthen bilateral ties across various sectors and build a brighter future in the West Africa region.

Bayo Onanuga
Special Adviser to the President
(Information & Strategy)

President Bola Ahmed Tinubu extends his sincere commendations to Dr Bolu Ogunyemi, a distinguished Clinical Associate Professor of Medicine at the Memorial University of Newfoundland, for his recent election as President of the Canadian Medical Association (CMA).

President Tinubu celebrates this remarkable achievement with Dr. Ogunyemi, a renowned dermatologist in St. John's, Newfoundland, and a visiting specialist in Labrador City since 2018.

This esteemed recognition is a testament to Dr. Ogunyemi's visionary leadership, dedication to excellence, and compassionate commitment to enhancing the welfare of others.

The President is confident that Dr. Ogunyemi's extensive background in medical science and his 15 years of leadership experience have eminently prepared him for this prestigious role.

President Tinubu expresses optimism that the forthcoming approval of Ogunyemi's election at the CMA's Annual General Meeting in May 2025 will empower him and enable him to elevate the association to even greater heights.

President Tinubu encourages the Clinical Associate Professor to remain steadfast and focused on fulfilling his new mandate with inclusivity and respect for diverse perspectives.

He also urges Dr Ogunyemi to embrace those who vied for the position as partners in progress.

The President assures Dr. Ogunyemi of the prayers and unwavering support of the Nigerian government and its people as he takes on the mantle of leadership.

Bayo Onanuga
Special Adviser to the President
(Information & Strategy)

“Liars ought to have good memories”. Algernon Sidney, 1622-1683 VANGUARD BOOK OF QUOTATIONS, VBQ p 127. Read online.

Right now, the nation, and indeed the entire world, is still confused regarding the situation with the two Port  Harcourt refineries. Suddenly, in the last ten days of November, the Nigerian National Petroleum Company Limited, NNPCL, announced that the refinery was ready to start loading 200 tankers a day with petrol – without specifying which of the two refineries in PH will supply and without revealing if the petrol was processed from crude. It was a clever ploy designed to earn the NNPCL commendation. 

 
 

  Predictably, the media mercenaries, as well as the wilfully gullible, were hailing NNPCL for what one of them called “a remarkable feat which should silence critics”. Instead of silencing critics, what followed was more controversy. As usual with statements and promises made by NNPCL in the past, facts at our disposal prove conclusively that this was another rumour by the Directors of NNPCL. Two reports in the papers informed Nigerians as follows: “Port Harcourt refinery: Controversy surrounds NNPCL claim on operation.” Report, November 29, 2024. “P’Harcourt refinery halts operations, loading bay empty.” Report, November 30, 2024.

  Additionally, there is dispute concerning the source of the petrol which the NNPCL advertised for supply at the rate of 200 trucks a day. One Mr.  Timothy Mgbere, Secretary of the Alesa community stakeholders, made three allegations. One he contended that the 60,000 bpd capacity facility was not yet fully operational. Two, he alleged that only six trucks were loaded; and not 200. Three, Mr.  Mgbere asserted that what the NNPCL released was old stock of fuel materials “that had been there for three years.” All these were said on television.

It would be difficult to disbelieve Mr. Mgbere, because the day after his interview was published, the refinery halted operations. Since then, it had been one dodgy story after another. Incidentally, the NNPCL, which invited trucks to lift fuel deliberately failed to fix the price per litre. Is that the way to run a company?

THE WAY WE WERE UNDER BABANGIDA

“Those who do not remember the past are condemned to repeat it.”

George Santayanna, 1863-1952,    VBQ p 93.

  This article was not written just to disparage the NNPCL and its managers. The uncertainties we face regarding fuel supply condemn them enough. More honourable men would have departed a long time ago. The main reason for writing is to remind all of us that we had the four refineries operating at 70 to 110 per cent at one time – 1991, 1992 and 1993– under President Babangida.

  Before going into the details of how we were derailed by three Presidents – Obasanjo, Buhari and now Tinubu — let it be acknowledged that I know there are individuals, ordinarily logical and intelligent, who go into a frenzy each time Babangida is commended for a great achievement. For instance, most Nigerians are not aware that the Value Added Tax, VAT, now tearing the country apart, was created by IBB in 1993; and the nation was not at daggers drawn. Today, the nation is on war path with elected officials in charge. Dr Kalu Idika Kalu, former Minister of Finance, was our leader, when a small minority of us promoted VAT; while the majority (know-nothings) opposed. It is a fact that governments will collapse if VAT is removed from the revenue stream now. VAT alone demonstrates how far ahead of his time Babangida was.

  IBB’s real genius, lacking in all his successors, was the recognition of the vital need for Nigeria, a major oil producing country to have built refinery capacity as to make the nation self-sufficient in fuel production as well as availability of by-products of refining which would provide steady supply of raw materials for other sectors – pharmaceuticals, paints, cosmetics, plastics etc. So, he ensured that the four refineries worked.    Approximately this time last year, Engineer Alexander Ogedengbe, former Managing Director of the Kaduna and Port Harcourt refineries, was on television to warn Nigerians about the official lies we were being told. Many of us would recollect that the Minister of State for Petroleum Resources and the GMD, NNPCL were assuring Nigerians that the PH refinery would start supplying fuel by December 2023.    The year ended without fuel from PH. Seven other deadlines have been missed since then.

Ogedengbe has turned out to be right about the failure of NNPCL to meet deadline repeatedly. However, he said something about how the four refineries were operating at high efficiency under Babangida which made those years the golden age for those of us who were constant travellers. I was on the road virtually all the time covering at least 25 out of the 30 states Babangida’s government created annually. The products were readily available and the price was reasonable and steady for years – making annual planning and budgeting easier for most companies. Right now, most manufacturing and marketing companies cannot plan for three months; forget a year or the three-year plan.

HOW DID BABANGIDA SUCCEED WHERE OTHERS FAILED?

“Fail to plan; and you plan to fail”. That has been one of the basic principles of managers in every field of endeavour; whether public, private, for profit or non-profit. Babangida, more than any other Head of State in Nigeria’s history, was a planner. And this was apparent in the way his government managed the oil and gas sectors. If IBB’s successors had followed his template for managing the nation’s oil and gas resources, Nigeria should by now have been supplying most of West and Central Africa with fuel. Dangote’s giant refinery might not even be necessary because it is vulnerable for reasons I choose not to disclose.

  Four things Babangida did differently which resulted in superior performance by his government are the following: he did not keep the Ministry of Petroleum Resources; he appointed persons of absolute integrity as Ministers of Petroleum Resources; he gave them free hand to operate and he expanded refining capacity ahead of the need for supply. Let me explain.

Unlike Obasanjo, Buhari and Tinubu who hoarded the Ministry of Petroleum Resources, IBB appointed two Ministers – Professors Tam David West and Jubril Aminu during his eight years in office. Crude oil theft and prolonged scarcity were unheard of throughout. Although, some people objected to the removal of David West for receiving an undisclosed gift of wrist watch from an interested party, IBB made his point. Even the smallest taint of corruption in Nigeria’s most vital sector would not be tolerated. A stitch in time saves nine.

Expanding supply well ahead of demand was a master stroke of forward planning. Nigeria did not need the 150,000 bpd refinery established by IBB in Port Harcourt in 1989. But, given the trajectory of our population and economic growth, it was clear that Nigeria would sooner than later need every drop. So, the Federal Government ensured that Turn Around Maintenance, TAM was undertaken and completed as and when due.

$2 BILLION OIL BLOCK SOLD AT $5 MILLION

  That story in THE NATION, July 31, 2008, was about a questionable sale of oil block when Obasanjo was President and Minister of Petroleum. It has not been refuted till today. So much for President and Minister of Petroleum!!

 

Dr Yusufu Bala Usman was, in the 1980s, a lion in the Ahmadu Bello University, ABU. His roar could be heard across the country. He was a domineering academic and political figure with followership in the country. His reputation had been boosted when, in 1976, he and fellow radical academic and historian, Dr Olusegun Osoba, as part of the 49 Wise Men charged with writing a new Nigerian Constitution, broke with the rest to present a radical Minority Report.

Then in 1984, Yusuf Bangura, a 34-year-old lecturer challenged Usman’s academic and intellectual scholarship right in his ABU lair.

Usman had in January 1984 delivered a lecture at the University of Ife, now Obafemi Awolowo University. It was titled: “Middlemen, Consultants, Contractors and Solutions to the current Economic Crisis.” He had explained the Nigerian economic crisis as being the result of comprador elites generating huge profits for their foreign masters and repatriating them to the metropole. So, he focused on the ways the Nigerian economy had “…been shaped and moulded to serve the capitalist economies of Western Europe, North America and Japan…”. Usman added magisterially that anyone who refuses “…to face these fundamental facts about our economy and society, when we are on the verge of economic collapse, is not only unpatriotic, but actually treasonable.”

[Vanguard]


Aba Power is set to commission a fresh 20MW line to the Owerrenta Industrial Zone on the outskirts of Aba, Abia State.

This fact was made known in Lagos this morning by a leading electric power consultant, Engineer Cliff Eneh, in an interview with journalists on new developments in the power sector expected at the beginning of 2025.

Eneh told newsmen in his office in Lagos, “The commissioning activities have started ahead of availability of the line in January 2025.

“The connection to the line would have started this month but for the delay in the various commissioning tests before steady power supply to the line”.

“Another compelling reason for not commissioning the new 20MW line this month is the fact that factories will soon shut down for Christmas and New Year holidays”, he added.

“The factories will see a new burst of energy as they resume from the holidays.

“It will be a wonderful New Year's gift to manufacturers in Aba and the environs, which are famous for indigenous manufacturing and technology.”

Eneh, a former senior manager with the defunct National Electric Power Authority (NEPA), after working for years with the Texas Power and Light company in Dallas, United States, explained that factories in the area will receive a minimum of 24 hours of power supply daily.

“Not just power supply practically round the clock, but also quality power”, he stated.

“The electricity will be able to power the biggest industrial machines effortlessly, unlike the situation in some parts of the country where supplies can’t power smaller things like house air conditioning systems due to distribution transformer overload, poor feeder pillars, old and dilapidated wires, and other poorly maintained power infrastructure”.

The consultant, until recently the head of the Electrical and Electronics Department of a higher institution in Lagos, said that the lack of constant and quality power supply has caused several companies in the Owerrenta Industrial Zone, like other areas in the country, to depend on self-generation over the decades which is very expensive and pollutes the environment.

He identified some of the leading factories that have been self-generating electricity that can strengthen their power supplies by connecting to the new line as: Tonimas Lubricant Plant, Planet Vegetable Oil Company, Clover Paints Industries, and Valumbra Foods which produces spaghetti and pasta.

But he said that “with the new turn of events, factories in the zone can be assured of steady, quality, affordable and safe electricity”.

The award of the recent Ballon d’Or for the best European-based footballer to Spain’s 28-year old Manchester City midfielder, Rodri, instead of the red-hot favourite, Real Madrid’s 24-year-old Afro-Brazilian winger, Vinícius “Vini” Jr, is the most controversial decision in the 68-year history of this competition. Just before the award was announced in Paris, the assembled players, coaches, and administrators were chanting Vinícius’s name.

This decision was particularly curious as Real Madrid (which boycotted the award ceremony), won the team and coach of the year awards for their record-extending 15th European Champions League win, during which Vinícius had been named the best player of the competition, breaking Argentine legend, Lionel Messi’s record of being the youngest player to score in two finals.

Overseen by the Union of European Football Associations and France Football, journalists from the 100 top-ranked footballing nations determine the Ballon d’Or winner, based on a complicated formula of awarding points to the top 10 players. That Rodri’s Real Madrid teammates, Jude Bellingham and Dani Carvajal, came third and fourth, respectively, in the voting, clearly worked against Vinícius.

This outcome represented a geopolitical North-South divide, with the vast majority of the 40 European nations (nearly half of the electorate), the US, Israel, and former “White Dominions” Australia, Canada, and New Zealand voting for Rodri as first choice, while most African, Caribbean, and Middle Eastern journalists voted for Vini. Latin America was surprisingly divided, suggesting some regional resentment against five-time World Cup-winning Brazil. There were a few anomalies: Spain, France, Switzerland, and Greece voted for Vinícius, while SA, Zambia, Ghana, Gabon, Uganda, Iran, and Palestine chose Rodri.

Brazilian journalists led the criticism of a decision they regarded as Eurocentric, unjust, and retaliatory, noting that Vinícius had been punished for his antiracism activism.

Real Madrid's Vinicius Junior. Picture: VIOLETA SANTOS MOURA/REUTERS
Real Madrid's Vinicius Junior. Picture: VIOLETA SANTOS MOURA/REUTERS
On the merits of the past season, this really should not have been a contest. In helping Madrid win the Champions League and La Liga, Vinícius had scored at least 20 goals in three successive seasons, while netting six often decisive goals in the Champions League including in the quarterfinal, semifinal, and final.

The Brazilian displayed blistering pace, mesmerising dribbling skills, close control, incisive passing, and clinical finishing. Though he has not shone for Brazil as he has for Real Madrid, the same criticism did not stop Messi from winning seven Ballons d’Or before Argentina’s 2022 World Cup triumph.

Rodri also had a good season in which he helped Manchester City win the league title, and was named player of the tournament when Spain won the European Championship (an award that his prodigious teammate, Lamine Yamal, perhaps should have won). Rodri’s strengths are as a “ball carrier” with solid tackling, aerial, and passing skills, though lacking the pace to be a truly great player.

Vinícius has faced countless incidents of ugly racism in Spain, including his effigy being hung from a bridge and racist chants from Valencia and other away fans. Lackadaisical Spanish football authorities have often condoned such racism, mirroring the anti-immigrant xenophobia pervasive in Spanish society.

The outspoken Vinícius accused La Liga of normalising racism, and defiantly noted: “Black people have been suffering for a long time, and the time has to come when all this has to end.” Vini has also supported humanitarian projects to empower disadvantaged Brazilian youth.

Outspoken Algerian-French 2022 Ballon d’Or winner and Viní’s former Real Madrid teammate, Karim Benzema, best captured the outrage sparked by this travesty: “There is nobody else who deserves it more than Vinícius.” Benzema went on to note that Rodri is a good player but “doesn’t do things that make me say ‘pfff.’” Awarding the Spaniard, the Ballon d’Or recalls the expression that one cannot put lipstick on a caterpillar and pretend it is a butterfly. Vinícius is undoubtedly the best footballer in the world.

• Professor Adekeye Adebajo is a Senior Research Fellow at the University of Pretoria’s Centre for the Advancement of Scholarship.


Thisday Newspaper and Arise News are asking Nigerians to nominate the men, women and the institutions ‘’rebuilding democratic Nigeria’’ for the 2025 Thisday Awards. The media group is inviting nominations for 16 different categories, one of which is Governor of the Year. To qualify for this award, the governor should ‘’combine vision, passion, dedication and courage to make the lives of the people of his state better’’, according to official announcement of the newspaper. Nominations close on December 25 and winners would be announced on December 31. You are to submit your nominations, stating the contributions of your nominees, to: This email address is being protected from spambots. You need JavaScript enabled to view it.; This email address is being protected from spambots. You need JavaScript enabled to view it..

I wish to nominate Gov. Umo Eno of Akwa Ibom State as Governor of the Year 2025 for his impactful leadership. Although a first-term governor, who has been in office for less than two years, Pastor Umo Eno has made significant contributions in the following areas:

1. VISION: His Vision is to create a diverse economic base for the state; ramp up IGR to N200 billion by 2027, more than double the N62.5 billion expected at end of 2024. To achieve this, his administration is investing in commercial real estate development in Lagos, Abuja and Uyo. Ten decrepit and abandoned state-owned properties, which are currently non-earning assets (NEA), are being renovated into residential and commercial estates, for sale or lease. Total income expected from these ventures in the next five years is over N300 billion, according to projections. The government is also banking on the aviation sector to diversify the economy. Under the Umo Eno administration, Ibom Air, the state-owned airline, has broken even and recorded profits. The first dividend payout of at least N10 billion is expected in 2025. Additional two aircraft would be added to its fleet in 2025 to make a total of 11 airplanes. New African routes would be opened and the MRO (Maintenance, Repair, and Overhaul) facility would also become fully operational.

2. PASSION: Gov. Eno has a deep passion for the underprivileged members of the society. When the cost-of-living crisis reached unprecedented levels last year, he created a welfare scheme in which over 400,000 citizens have so far received free food items from the state. He also introduced a scheme in which elderly citizens receive N50, 000 monthly stipends and new homes are built and donated to poor widows across the state. The governor has turned to agriculture to create jobs for the youths by adopting the Songhai farming system in which farmers live in self-sustaining Kibbutz-like settlements. One Songhia farm is being built in each of the 31 LGAs.

3. DEDICATION: The governor has shown a rare dedication to duty, even in the face of immense personal crisis. Between when his wife died on September 26, 2024 and when she was buried on November 29, 2024, Eno did not take a day off work. He continued to perform his official duties, combining them with mourning and grieving and preparation for her funeral. The governor presented his 2025 budget to the House of Assembly on November 26, just three days to his wife’s burial. Such commitment to duty is rare. He explained that he ‘’didn’t want his personal grieve to interfere with his official duties’’.

4. COURAGE: Gov. Umo Eno has shown tremendous courage in taking decisions, especially those that enhance peace and harmony. Breaking with the past, the governor relates with everybody, irrespective of party differences. Unlike in the past, he invites politicians in different parties to state functions, honours their invitations, meets and relates with everybody irrespective of political leanings. A PDP member, Umo Eno has ignored partisan affiliations to build a cordial relationship with Senator Godswill Akpabio, an APC leader, and this has greatly helped in lowering political tensions and embers in the state. In September, Gov. Umo Eno attended the birthday celebration of Chief Don Etiebet, an APC chieftain, in Lagos. It has never happened before in the history of the state. His courage to break from past political traditions which were replete with enmity, violence and divisions has created a very conducive investment climate in the state. Eno has deliberately brought everybody in the state under one big canopy of love and harmony.

5. INFRASTRUCTURE: The governor is also executing many road projects and other infrastructures. Currently, there are 156 ongoing road projects across the state, in addition to renovation of primary schools; primary health centres and advancing work on Ibom Deep Sea Port which is very significant to the economic development of the state.

6. CONCLUSION: Pastor Umo Eno has brought a refreshingly different style to governance. He is more consultative, amiable and prudent in managing the resources of the people. It’s my honour to nominate him for THISDAT Governor of the Year 2025.

ETIM ETIM

Abuja, Nigeria

Paul Anyebe was a judge of the High Court of Benue State in north-central Nigeria who had a young son with sticky fingers and a sense of adventure  It was his role as a dad that endangered his job as a judge.

One night around 1983, Anyebe caught his son attempting to steal from his bedroom. In response, Anyebe pulled his gun in an effort to scare the boy. The gun went off, discharging a bullet which hit and seriously injured the boy.

 
 

The Attorney-General of Benue State decided to prosecute Paul Anyebe for attempted murder. The Penal Code applicable in Benue State at the time had ample provisions for the crime of attempted murder.

The Attorney-General also added a charge of illegal possession of firearms, a federal offence. Unlike the crime of attempted murder, which was a state crime in Benue State, all firearms offences are federal. The Attorney-General of Benue was well within his powers to prosecute for attempted murder but only the Attorney-General of the Federation could prosecute or authorize prosecution for federal offences.

At the conclusion of the trial, the High Court of Benue State discharged Paul Anyebe on the charge of attempted murder, a state offence, but convicted him on the charge of illegal possession of firearms (a federal offence)for which it sentenced him to three years in prison. The Court of Appeal reduced this sentence to six months in prison or a fine of one hundred Naira. Following this decision and while his appeal was yet to be heard by the Supreme Court, Paul Anyebe was dismissed as a judge.

When the Supreme Court decided Anyebe’s appeal in January 1986, Dahunsi Olugbemi Coker, a Justice of the court, summed up the issue for decision in one sentence: “The short point is whether a State Attorney-General can prosecute an offence created by an Act of the National Assembly.” To this question, the court unanimously responded in the negative. They nullified Anyebe’s trial and ordered the fine paid  – one hundred Naira – refunded to him. The Court of Appeal ordered his reinstatement with full benefits.

Adolphus Godwin Karibi-Whyte, one of the justices who decided Anyebe’s appeal at the Supreme Court, said of what the case decided that ”the Attorney-General of a State has no general authority to exercise the powers of the Attorney-General of the Federation to prosecute in respect of Federal offences.”

One effect of this decision is to preclude the prosecution of federal crimes before state courts. A Magistrates Court is a state court. It does not have jurisdiction over federal crimes.

38 years after the Supreme Court of Nigeria established this principle in Anyebe’s case, the Nigeria Police Force (NPF) on 4 December arraigned lawyer and writer, Dele Farotimi, before a Magistrate in Ekiti State on 16 counts of crimes under the Criminal Code Act, a federal legislation.

Three years ago, Ekiti State enacted into law the Criminal Law of Ekiti State, no. 12 of 2021, which repealed and replaced the state’s pre-existing Criminal Code Law of 2012. Comprising nine parts, 429 sections and 140 pages, Ekiti State’s Criminal Law of 2021 does not include the crime Criminal libel or defamation. Section 70 of the law contains a crime of causing disaffection or breach of the peace through offensive publication but that is a simple offence punishable by six months in prison. It is not in issue in this case.

Last week, on 3 December, operatives of the NPF heisted Dele Farotimi from his residence in Lagos State, where the crime of criminal defamation is similarly unknown to law. They raced him across state lines to Ekiti where they detained him. The following morning, on 4 December, the police arraigned Dele before a Magistrate in the state capital.

This is important because the gist of the charges purportedly preferred against Dele Farotimi before the Magistrate in Ekiti is precisely criminal defamation which is not a crime in Ekiti State.

It seemed quite clear that the charges presented by the police did not disclose a crime known to the laws of Ekiti State nor did they disclose a crime over which a Magistrate in Ekiti State could purport to exercise lawful jurisdiction. Despite the evident absence of jurisdiction on multiple fronts, the Magistrate proceeded with undue haste to order the remand of Dele Farotimi in prison custody for one week until 10 December. The Magistrate probably did not realise that 10 December is International Human Rights Day.

Even if the Magistrate had jurisdiction, which he did not, the crime alleged was punishable with two years in prison. Under section 4(5) of the Criminal Law of Ekiti State, this is classed as a “misdemeanor” at best, that is to say “an offence punishable by imprisonment for not less than six months, but less than three years.” These are bailable on liberal terms. Offences punishable by more than three years in prison are called “felonies”. Those are regarded as serious offences. The order of remand in this case seemed wilful with a whiff of the pre-determined about it.

The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power has a name for what happens when a court orders prison remand for a crime which does not exist in law and in proceedings over which it lacks powers. It is called “criminal abuse of power.”

Many people claiming to be senior lawyers have invited Dele Farotimi to have his day in court where he can prove the allegations the subject of these charges or face the consequences. This is clearly designed to make all this seem like an invocation of law. It isn’t.

First, Dele Farotimi can only do so before a court of competent jurisdiction. A Magistrate claiming to sit over a crime that does not exist in the state is not such a court.

Second, the burden in criminal proceedings is on the state to prove that the accused guilty. So, criminal proceedings in Ekiti or anywhere cannot possibly be the forum for Dele Farotimi to prove the truth of his claims. Anyone who makes that assertion is either wilfully jejune or must concede that the only opportunity to put that to test has to be in civil proceedings.

Third, insisting on the kind of proceedings now going on in Ekiti state without any sense of irony only reinforces the kinds of claims that Dele Farotimi makes in his best-selling book about supposedly legal and judicial processes which seem to occur in the pockets of human principalities given to playing god. A lot of things may yet happen in those kinds of proceedings but it does not look like law will be one of them.

Moreover, in 2021, the Supreme Court of Nigeria – no less –  condemned as “vexatious and oppressive” and “dangerously rampant”, the “misuse of the criminal law machinery for getting reliefs in disputes that are civil in nature, by using the instruments of State.” The court also required that “a complainant who initiates a prosecution with the knowledge that criminal proceedings are unwarranted and the remedy lies in the civil law, should be made accountable in law for pursuing misconceived criminal proceedings.”

In that same case in 2021, the Supreme Court described the crime of criminal defamation as “an innovation in Star Chamber”, a reference to a notoriously arbitrary and captured judicial forum dating back to late mediaeval England. It was not a judicial endearment.

Dele Farotimi himself was perspicacious about the events as they have so far unfolded. Shortly before he was taken from Lagos, he warned: “abducting me to be tried in Ekiti State is not justice but a witch-hunt.”

Somewhere in Ekiti State on International Human Rights Day 2024, the very rights consecrated by the Universal Declaration of Human Rights will face the Guillotine with Dele Farotimi strung up as the sacrifice. Those who think this vindication may yet live to rue their affliction with terminal hubris.

A lawyer and a teacher, Odinkalu can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it.

 
Monday, 09 December 2024 11:23

Court grants Dele Farotimi N50m bail

An Ekiti State Magistrate Court hearing Afe Babalola’s defamation case has granted Dele Farotimi a N50 million bail.

Omoyele Sowore, the 2023 African Action Congress (AAC) presidential candidate, shared this development on his X handle on Monday.

“Dele Farotimi was granted bail of N50 million naira surety in the like sum with someone with landed property. The case was adjourned to 29 January 2025,” Sowore posted.

 

Details soon…