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[OPINION] For Pastor Adeboye, apology is the easy part - Abimbola Adelakun
When one of the Afenifere chieftains who had gone to commiserate with Pastor Enoch Adeboye over the death of the son reported that the man showed them a video of Sunday Igboho insulting him, it occurred to me how much this big man of God is affected by public opinion. Otherwise, why would someone like Adeboye care about the opinion of someone like Igboho that he would justify his politics? Some people’s criticism of you should always fly beneath the radar of your notice. For Adeboye to pay attention to critics, to the point of even singling out an acerbic individual, something has shifted in the social culture.
For a society that lacks a culture of accountability, the internet has made imperviousness to the critics harder. So much has the internet shrunk the social distance that the influential class must now deal with a plebian public whose existence they would not have been aware of before the age of Web 2.0. From the political class who will send the police after you over social media comments, to Nobel Laureates and even megachurch pastors, the internet has bent the hierarchical relations of power between the big man and the small fries. The radicalism the internet allows is both the anarchist’s ideal universe and the conservative’s nightmare. No one is spared criticism or ridicule in the internet’s court of public opinion.
Someone like Adeboye has greatly suffered on the internet and in many cases, his own words were parsed to convict him. Things pastors used to say within the confines of their churches now hit the internet and make them sound unreasonable.
Take, for example, the story Adeboye told of the billionaires in his church who paid “hefty” tithes and demanded a monthly account of how the money was being spent. He said he did not find a biblical justification for their request, and those people suffered severe repercussions for daring to challenge him. A story like that tells you so much about Nigeria’s culture of underdevelopment. The RCCG churches in the USA, do they not give regular account to their congregation? If the IRS demands to see their accounts, will Adeboye tell them there is no basis for giving in to such request? Their society is organised, and their God is not so shady that he would destroy people for making reasonable requests.
Adeboye’s recent admission of doctrinal error over tithes is another victory for the internet. Daddy Freeze (Ifedayo Olarinde), who galvanised other disgruntled elements over the issue of tithes should be proud of what he has achieved. When he began to claim the doctrine of tithe as preached in the contemporary Pentecostal church was unbiblical, hardly any famous Pentecostal pastor did not demystify himself just to attack him—a mere individual. Yet, no matter how much they spun it, nobody who has read the Bible or history books properly would ever agree that tithes can buy you eternity or a good life. That is a transactional gospel, tantamount to the Catholic Church’s selling indulgences in the Middle Ages.
By publicly apologising, Adeboye joins the league of famous prosperity gospel preachers like Benny Hinn and Creflo Dollar who have also admitted their errors over tithes. Except that Adeboye’s apology came across as a non-apology. He could have stopped at saying he was wrong, but no, he still dug further by saying “ten percent was for beginners” and people should “give violently” (what does that even mean?). He could have stayed focused and stopped putting percentages on people’s money.
It would be setting the bar too low to applaud Adeboye for making the minimum effort of apologising. Merely saying “sorry” is the easy part. The real test of Adeboye’s remorse and integrity on this matter would be him dedicating himself to undoing the structures that the wrong doctrines have created within the RCCG and across denominations where people have looked up to him. The doctrinal and administrative mechanisms for milking people of their money must also be systematically dismantled. He must actively preach against a religion where the things of God have become commodities to be purchased, and where worship means nothing without money.
Through the legitimacy tithe sermons like Adeboye’s provide, some preachers have run amok with a transactional gospel that sometimes even puts Adeboye up as the quintessence of the truth of such theology. Even some preachers whose sons have become ministers actively carry on with the same doctrine of give! give! give! as if that is all there is to religion.
Things are so bad in some Pentecostal churches that preachers now claim that Adam was sent out of the garden because he did not pay tithes, or that Job faced tribulations because of tithes. By what theological permutation does one even arrive at such a twisted conclusion? Some of these preachers forget that some of us can read the Bible for ourselves, and we have access to a wide variety of literature written by erudite people against which we can crosscheck their preaching. Like the Berean church, we can study to discern and reject nonsense. Thanks to social media, we can also broadcast our dissent.
Let me preempt those about to tell us to mind our business because tithe and Adeboye’s doctrinal errancy are a family affair. First, you are mistaken because there is something called “a matter of public interest.” Look it up on Google. A society where your preachers teach that God punishes people for asking a pastor to give account is one where politicians too will adopt the same standard. Second, tithes and the religious relationship they spawn are transactions of faith. The people who seek refuge from a troubled world in the church give in good faith; the tithe-hustling pastors who manipulate them into giving what they cannot legitimately afford confront them with bad faith. Society itself is built on the infrastructure of faith; whether you are a believer or not, we all have the collective responsibility to ensure that people’s faith in certain institutions are not abused. Looking away from the abuse of faith in religious institution is one step away from looking away from similar abuses in the integrity of healthcare, banking, educational, and other social systems.
Finally, I must restate that the issue at stake is not whether people should give to churches. Worldwide, non-profit organizations rely on public donations to run. Personally, I would not mind giving to my former university, but nobody has ever asked. As far as I know, no Vice Chancellor has taken the initiative to create a scheme that allows regular donations from alumni. The result is that outside churches that have created such a structure, our part of the world hardly makes public donations. What we do is more at a personal level rather than institutional. It is a culture that has both its good sides and its shortcomings.
If you belong to a church or similar community, you should give to support them. Churches need regular donations to operate. Many local churches have social welfare projects, and their efforts are why society has not broken down entirely in this Tinubu economy. Their efforts might be invisible to the public, but they have helped families pay house rent and school fees, sent food items, and even paid hospital bills. All these they do in addition to other moral support they provide. Initiatives like that deserve support, and whoever is led to give to support should do so. What is unacceptable is making exaggerated promises to get more money out of people. No, God will not make you billionaires because you paid tithe. And no, your life is not guaranteed because you paid tithe. Pastors who espouse that logic are no different from money ritualists.
[OPINION] Nigeria’s democracy on Tinubu’s leash - Ikechukwu Amaechi
AS a journalist, I admire cartoonists, the visual artists who draw and create engaging captions, for their genius. They are not only creative and original, but also investigative, often incorporating humour, wit and satire in their works. When they are in their element, they graphically capture the imagination of the audience, as the trending cartoon in the BUSINESSDAY newspaper showing President Bola Tinubu having his day in the sun with his four ‘dogs’ – agbero, judiciary, INEC, police – has done.
“I will not be running in 2027 election… I can walk comfortably,” Tinubu crowed. It was simply ingenious, such that a senior journalist who forwarded it to me gushed: “I have never seen a more meaningful cartoon.”
It aptly illustrated the phenomenon of “state capture,” and why many Nigerians believe that 2027 is already a done deal for Tinubu. The cartoon also illustrates what it means to have capacity in Nigerian politics, a euphemism for political brigandage. The idea of having political structure, which is what the absolute control of the umpire, judiciary, state and non-state actors typifies, is nothing other than the criminalisation of the democratic space.
Our democracy has become a game not birthed in the rule of law and the value of decency but a game where the rule of strong men has become the norm. Anyone who is in doubt should dispassionately analyse what happened in Rivers State before, during and after last Saturday’s local government poll.
The judiciary and police – the primary law enforcement agencies – have aided INEC in making a complete mess of Nigeria’s democracy. Under President Tinubu’s watch, a Nigerian judge ordered the Nigeria Police Force to abdicate its constitutional responsibility as the principal law enforcement and lead security agency in Nigeria and violate Section 4 of the Police Act and Regulations by shirking its responsibilities of prevention and detection of crime, apprehension of offenders and preservation of law and order.
And the Inspector General of Police, Kayode Egbetokun, a man with a PhD in Peace and Security Studies, did the unthinkable – ordered his men off the streets. And when to his mortification, the election was conducted in a relatively peaceful atmosphere, he disingenuously ordered that the 23 local government secretariats which they had occupied since July be unsealed even when there was ample intelligence that hoodlums intended to attack.
And they struck, maiming, killing and destroying public property. As I write, despite the fact that the hoodlums struck in broad daylight, nobody has been arrested and none will be arrested because democracy in Nigeria has become a criminal enterprise. It is about having the capacity to visit terrorism and violence on the people and properties of government. Capacity in Nigeria’s democracy means ability to build structures of criminality.
Penultimate week, I gave an unsolicited advice to Dr. Asue Ighodalo, the Peoples Democratic Party, PDP, candidate in the September 21 Edo governorship election, thusly: If I were him, I will not go to court to seek redress. The matter will be settled in the streets.
Some people accused me of calling for anarchy. Far from it. Those promoting anarchy are people who work against free, fair and credible polls. In any case, what can be more anarchic than the events that unfolded in Rivers State on Monday?
Besides, as Frederick Douglass, the escapee slave, who later became the most important leader of the movement for African-American civil rights in the 19th century, once noted: “Power concedes nothing without a demand. It never did and it never will. If there is no struggle, there is no progress.” Douglass further opined that “the limits of tyrants are prescribed by the endurance of those whom they oppress.” In other words, power yields nothing until it encounters superior force.
So, as long as the onus is on Ighodalo to prove that the result declared by INEC was not a true reflection of the wishes of the electorate, rather than the responsibility being on the umpire, going to court is an exercise in futility, because he will depend on the benevolence of the same institution that committed the unconscionable electoral heist to prove his case.
Now, INEC under the chairmanship of Professor Mahmoud Yakubu is not known to be charitable. Predictably, it has refused, even when ordered by the Edo State Governorship Election Tribunal, to grant the PDP and Ighodalo access to the materials used for the election.
The enrolled order given in the suit marked EPT/ED/GOV/01M/2024 between Ighodalo Asuerinme and PDP as applicants and INEC, Okpebholo Monday and the APC as respondents and dated September 29, 2024, was unambiguous.
Signed by the tribunal secretary, Mu’azu Ibrahim Bagudu, and chairman, Justice W. I. Kpochi, it ordered INEC to grant the PDP and its candidate “unfettered access to and open up for inspection all electoral documents or any document in the custody of the National Chief Electoral Commissioner or any officer of the Commission/1st Respondent, particularly the Voter Registers, Ballot papers, the BVAS machines, Forms EC25B, EC25B(i) Forms EC40A and Forms EC40C which were utilized for the conduct of the Edo State Governorship election.”
Armed with the order, Ighodalo’s team led by Olusegun Jolaawo, SAN, on Monday, visited the INEC headquarters in Benin City, to access the materials but met a brick wall. The Resident Electoral Commissioner, REC, Anugbum Onuoha refused to see them. After waiting for several hours, they were directed to come back on Tuesday. Unfortunately the same condescending treatment was meted out to them when they returned.
But I doubt if any discerning Nigerian is surprised that despite the explicitness of the enrolled order, it was only going to be observed in the breach. INEC, like the police, judges and, of course, thugs are on the leash as depicted in the sublime cartoon and only hearken to the voice of their master, the man whose time has come to rule Nigeria.
Meanwhile, even as INEC was playing hide and seek, APC supporters, also on Monday, besieged its headquarters in Benin City to ensure that the documents were not released. How lawless can a society get?
The tragedy in all this is that if INEC refuses to release those materials as ordered by the Edo State Governorship Election Petition Tribunal, nothing will happen. Nothing happened in 2023 when such malfeasance was exhibited. Why will it happen now?
But even if Ighodalo surmounts the INEC hurdle, the judiciary which appears, according to Mr. Jibrin Okutepa, SAN, “to have taken a stand and seems to be siding with the people who have no regard and respect for the sovereignty of the people,” will do maximum damage because the requirement that no subpoenaed witness can testify unless his or her frontloaded statements on oath are filed along with the petitions within 21 days is tantamount to leading the petitioner to a judicial guillotine.
This is where Nigeria’s democracy is right now. Conscienceless men and women, playing god, wilfully subvert the electoral will of the people and ask those handed the short end of the stick to go to court, only to lay ambush at the temple of justice.
But when it is their turn, rather than swallowing the same pill of going to court to ventilate their grievances, if any, they call out their dogs of war, as it was the case in Rivers State on Monday, plundering the commonwealth, maiming and killing.
Perhaps, IGP Egbetokun does not yet realise the enormous damage he has done to the reputation of the Nigeria Police Force in the last one week with his unseemly disposition to duty and appalling subservience to the powers that be. Now, Nigerians know that they don’t need 35,000 police men to have a peaceful election.
They also know as a matter of fact that the police only provide cover to government-sanctioned heavies rather than guaranteeing the integrity of polls. Egbetokun’s anti-democratic reflexes is a proof that the concept of democracy in Nigeria has become a farce.
The wanton display of sophisticated weapons in Rivers State by non-state actors in the past week is scary. Nigeria is in a bad place. If only Tinubu can read the axiomatic handwriting on the wall and unleash his four dogs to serve common good rather than selfish political ends.
Football mourns George Baldock after defender found dead in swimming pool
Greek football was in shock Thursday at the death of Panathinaikos and Greece international George Baldock, with tributes uniting even the country’s usually hostile rival fans.
The 31-year-old English-born right-back — a former Sheffield United stalwart in the Premier League — was found dead on Wednesday evening in a swimming pool at his home in the southern Athens suburb of Glyfada.
“We can confirm that George has sadly passed away. As a family we are in shock at this terrible loss,” his family said in a statement.
News of Baldock’s death dominated social media with the top-flight Super League and clubs sending condolences even before Panathinaikos posted their own statement.
Even fans from clubs hostile to Panathinaikos expressed grief at the loss of a genuinely well-liked player.
State TV ERT reported that Baldock was “at the bottom of the pool” and that a bottle of vodka was found at the scene.
State news agency ANA said Baldock’s wife, who is abroad, alerted the owner of the residence after unsuccessfully trying to reach the player on the phone.
As police cars and an ambulance were dispatched to the scene, several Panathinaikos players gathered outside the building and a coroner was called.
A first examination did not reveal signs of foul play, ERT said Thursday, adding that the player had been dead for about five hours when he was found. The home also showed no evidence of forced entry.
George Baldock joined Panathinaikos in May after a seven-year spell with Sheffield United, relegated from the English Premier League to the Championship last season.
Of Greek origin through his father, he was called up by the Greek national team in 2022 by then-manager Gus Poyet.
Poyet said he was “devastated” by the news. UEFA said the European football community was “deeply saddened”.
Baldock had 12 caps, but had not been selected for the team’s Nations League match against England at Wembley on Thursday because of injury, ERT said.
– ‘One of our own’ –
The Greek federation called Baldock “one of our own” and has requested that Greece’s players wear black armbands for the game.
There were calls under UEFA’s post on Baldock for the game to be postponed.
Baldock had featured for Panathinaikos in a 0-0 draw with Olympiacos in a Greek Super League match on Sunday where he played for 75 minutes.
The club’s training sessions for Thursday and Friday were cancelled.
Both the Greece team’s official website and his club’s social media sites on X and Facebook, were blackened in tribute to the player.
Messages of support poured in from Premier League clubs including Manchester City, Liverpool and Chelsea, who face Panathinaikos in Conference League action later this month.
Manchester United’s England international defender Harry Maguire, a former Sheffield United player, posted “RIP” and a heartbreak emoji alongside an image of Baldock on Instagram.
Sheffield United changed their homepage to a black and white photo of their former player with the words: “RIP George Baldock.”
“Sheffield United Football Club is shocked and extremely saddened to learn of the passing of former player, George Baldock,” said the club.
Northampton, where Baldock had a loan spell in 2011, wrote on X: “We are deeply saddened to learn of the passing of former loanee George Baldock at the tragically young age of 31.”
Baldock’s boyhood club MK Dons said they were “deeply devastated and saddened to learn about the shocking news”.
“George started his career at Stadium MK, where he worked his way through the youth ranks and made his senior career debut at the Club before reaching the heights of the Premier League in later years.
“You will always be one of our own, George.”
The Football Association in England wrote on X: “We are devastated to learn of the passing of George Baldock at the age of 31. Our thoughts and deepest condolences are with George’s family, friends and team-mates at club and country.”
Baldock was nicknamed “Furious George” by Sheffield United fans in tribute to his uncompromising style.
“I just love winning. I hate losing and I even hate drawing,” he told local media.
[OPINION] Israel and the limits of ‘nkali’ - Rudolf Ogoo Okonkwo
What Israel is doing in the Middle East is more than just fighting to stay alive. It has passed that peak. What Israel is doing is showing them nkali. The trouble with nkali is that it has limitations. If you defeat an enemy, they typically walk away and lick their wounds. But if you show your enemy nkali, they always return to fight again. But that is not what is dangerous about it. Because of the nkali, today’s enemy vows to measure up not just to fight and win but to wipe away the shame that nkali splashes on the face of its victims.
Before Israeli Prime Minister Benjamin Netanyahu went to the UN to speak, I assessed what he was doing in Gaza, the West Bank, and the surrounding environment as not different from what Moses and Joshua and other prophets of Judaism did in the Bible. When in his speech, he referred to Moses in his UN General Assembly speech; I knew he knew what he was doing. The Bible depicted God as the power behind the Israeli wars. In our time, God is the United States of America. It makes the law, changes it, and enforces it at will. As it did to God in the beginning, Israel still chooses when to obey and ignore America.
Netanyahu is doing what his forbearers did. In the last 2000 years, what dividend has this nkali brought to Israelis besides wars, expulsions, and exoduses? And the worst characteristic of nkali is that it is not a permanent state. No empire has maintained a state of nkali forever. Eventually, the inferior one today becomes superior tomorrow. And when he remembers the nkali, it triggers revenge. And the circle of violence continues.
The way nature does not accept a vacuum, it does not entertain a lopsided power structure forever. It balances it. That is why nkali does not last forever. Nkali ultimately withers like the penis in a refractory period.
Nothing justified the terror Hamas rained on innocent Israelis on October 7, 2023. At the same time, nothing justifies what Israel is doing in retaliation. October 7 is not a justification for the use of starvation as a weapon of war, the disregard of the Geneva Convention and all the international treaties as it regards prosecuting a war.
If you must reply evil with evil, be bold enough to say you are just as evil as your enemy. Own it. Don’t rationalise or justify it. It is okay to be as evil as your enemy. You can even surpass them in evil. It is within your rights. But don’t insult our intelligence by making it appear as if your evil is less cruel. Don’t invoke a higher moral ground or claim that you are fighting for our civilization when you are deploying the primitive tools humans have used all through history.
Nietzsche noted, “He who fights with monsters should be careful lest he thereby become a monster. And if thou gaze long into an abyss, the abyss will also gaze into thee.” Human development has never followed a straight line. We often go in a zigzag form. We understand. Now and then, we have enough of our humankind ready to reopen the gates of hell we thought we had closed.
I never fail to remind myself that if Israel can do it, so can Russia. If Israel can do it and justify it, so can Nigeria. Who knows how long it will take before Nigeria does the same thing Israel is doing in the Middle East to those who are fighting for a Yoruba nation? If I cannot defend what Nigeria did during the Biafran-Nigerian Civil War, I cannot defend what Israel is doing now in the Middle East.
Nkali is sweet to the benefactors. It sparks cheers and wanton justification. Luckily for us, time surpasses nkali.
Rudolf Ogoo Okonkwo teaches post-colonial African history, Afrodiasporan Literature, and African folktales at the School of Visual Arts in New York City. He is also the host of Dr Damages Show. His books include “This American Life Sef” and “Children of a Retired God,” among others. His upcoming book is called “Why I’m Disappointed in Jesus.”
Why NNPC hiked petrol price and quit as middleman to Dangote
Although the latest petrol pump price hike by the Nigerian National Petroleum Company (NNPC) Limited is seen as a step towards the full deregulation of the downstream sector, the huge subsidy payments and its sole-distributor role have become a significant burden on the national oil firm, insiders have told TheCable.
The Dangote refinery officially began petrol production on September 3 with plans to sell only to the NNPC.
After more than a week, petrol lifting from the refinery began on September 15, arriving at the pump stands to the delight of Nigerians who desire an end to Nigeria’s chronic petrol importation — with eyes on cheaper pump prices.
An insider said the delay in lifting petrol — also called premium motor spirit (PMS) — owed to logistics challenges, noting that the supply from the refinery also fell below expectations.
“While the PMS discharge from the station may have sliced off a portion of the country’s fuel import requirements, it was still a far cry from expectation as the refinery only delivered 102,973,025 litres, out of the 400 million it pledged to supply within the period,” the insider told TheCable.
It is understood that the volume provided by the Dangote refinery within 15 days “was barely enough for the amount required for only two days”.
“The Nigeria National Petroleum Company (NNPC) had to cough out nearly N13 billion for Nigerians to buy the commodity at the price they did in the second half of September,” the source said.
Evacuation analysis seen by TheCable shows that about 2,207 trucks were used by the national oil firm and other marketers to lift PMS from the facility between September 15 and September 30.
OIL PRICE, FX VOLATILITY
The unit price per litre tumbled with the prevailing foreign exchange (FX) rate, resulting in a change in the price of the commodity about six times within the 15 days under scrutiny.
“The NNPC, as the sole off-taker of the product, paid between $746 per metric tonne when the lifting started picking up to $759.40 and sliding down to $714.15 per metric tonne by the end of September,” the insider explained.
He said the naira price oscillated between N882.18 and N960.85 per litre — depending on the purchase and FX rates on the days of each transaction.
The insider said a day before the announcement of truck mobilisation, the NNPC’s first consignment signed off on September 14 was received at N882.18 per litre using the FX of N1,546.41 per dollar.
By September 18, according to the source, the product price and FX rate increased to $759.1 and N1,656.49/$, respectively.
“This sharply affected the product price in naira to N960.85,” he said.
“However, by September 20, the product price slimmed along with the FX rate which dropped to N1,544.02, bringing the PMS price to N893.35. Though the product price from the refinery had come down to $714.15 by the end of the month, the worsening of the FX rate to N1,657.42 made the PMS price close at N937.30.
“To maintain stability at the pump price, the NNPC Trading sold the product to its retail company and other marketers at a fixed price of N749.99 throughout the period.
“With this, the company topped up an average of N133 per litre for every litre bought from the refinery. This came to over N12.5 billion for what a senior official called a ‘paltry 103 million litres’.”
‘UNBEARABLE BURDEN’
On October 7, reports of NNPC’s decision to quit its sole off-taker role with the Dangote refinery circulated.
Insiders told TheCable that the middleman role played by the national oil firm in distributing the PMS has caused it an “unbearable burden”.
This comes as NNPC struggles to clear a $6 billion debt owed to international fuel suppliers. The company has been dealing with serious financial strains, a situation that continues to threaten petrol supply.
In a recent interview with Bloomberg, Aliko Dangote, chairman of Dangote Industries Limited (DIL), had asked the federal government to stop subsidy payments, which he described as unsustainable.
Sources said due to this, the NNPC will be forced to relinquish its role as the sole supplier and allow other marketers to access the product directly from the Dangote refinery at the prevailing market price — an outcome the federal government had tried to prevent.
On September 14, the federal government had said the refinery would sell petrol only to the NNPC, adding that interested marketers would have to buy the product from the national oil firm.
The house of representatives had frowned on this arrangement, asking the federal government, on September 26, to allow independent marketers to buy petrol directly from the plant.
The insiders believe that with NNPC quitting as the sole distributor, fuel prices will likely jump at the pumps nationwide, as an augmented amount will now be passed to the consumers.
“The prices are however expected to stabilise in coming days as freeing up of the market would induce competition and potentially stabilising supply chains,” another source said.
[TheCable]
[OPINION] How Africa is Paying for Pursuit of the Last Hamas - Azu Ishiekwene
When the Israeli-Hamas war started one year ago, it didn’t look like it would last long.
Israeli Prime Minister Benjamin Netanyahu’s promise to avenge the deaths of over 364 Israelis killed and dozens taken hostage by Hamas on October 7 at a music concert left little doubt it was going to be a bloody phase. But how long, ugly or bloody, it would take for Netanyahu to kill the last Hamas, which was his minimum condition for peace, was hard to tell.
Unfortunately, with over 42,000 killed in Gaza, including women, children, UN workers and journalists, over 1500 Israelis killed and the fate of 101 hostages unknown, the last Hamas is still at large. The war has spread to Lebanon, and Iran is enmeshed.
War coming?
The regional conflict the world had tried to prevent is upon us, and with less restraint and increasing provocation, talk about another world war that sounded farfetched only months ago now seems probable.
The war may not yet be on Africa’s doorstep, but the continent has not been an onlooker. There have been widespread pro-Palestinian protests in South Africa, increasing domestic pressure on President Cyril Ramaphosa’s government. Art was weaponised in Cape Town flats, with some residents deploying murals and graffiti in Palestinian flag colours.
South Africa’s case against Israel at the International Court of Justice (ICJ) has been perhaps one of the most audacious jurisprudential efforts to hold Israel to account. Since South Africa dragged Israel to the ICJ last December and obtained a ruling to stop Israel from potentially genocidal acts, Africa’s involvement in the war by other means has become more salient.
By deciding to drag Israel, South Africa risked bilateral relations of R876 billion in trade. Still, it counted it as a fair price not just to assuage domestic pressure but also as a matter of conviction for ties that run deep and to honour its own historical experience.
Beyond South Africa
Israel has managed to ignore the court and taken advantage of the U.S., blindsided by weak leadership and the November 4 presidential election, to ramp up attacks in the region. With no let-up in the Russia-Ukraine war and the supply chain problems it has created, the escalation in the Israel-Hamas war has forced African countries to brace up.
Egypt has been on edge because of the impact refugee spillover and possible military action could have on its fragile economy, never mind the potential influx of militant Palestinian jihadists. It has resisted suggestions for refugees to camp in Sinai.
In August, Algerian President Abdelmajid Tebboune promised to send troops to Gaza. Yet, the president and Hamas leaders knew that was only a political statement – Cairo would never grant passage that could potentially bring the war home.
In Ghana, the Democratic Republic of Congo (DRC), and Kenya, the sentiment is pro-Israel, particularly in Kenya. Shortly after the outbreak of the war, President William Ruto tweeted that Kenya stood side by side with Israel and condemned the October 7 attack outright.
One year later, Kenya’s position has not changed, which some have argued is partly informed by the robust economic ties with Tel Aviv, especially in agriculture and the security challenge that al-Shabaab poses to Kenya.
The authorities believe whatever weakens Hamas weakens al-Shabaab, a terror group that staged more than 10 attacks last June/July alone in eastern Kenya, killing 30 security officers. In Israel’s pursuit of the last Hamas, Kenya feels obliged to take more than a passing interest because a defeated Hamas means less oxygen for its radical sympathisers elsewhere, including al-Shabaab.
Giant asleep
Nigeria, the continent’s largest economy and its most populous, has offered a muted, somewhat confused response to the Israeli-Hamas war. The official line, worn for use after decades of lip service and repeated at this year’s UNGA, is a two-state solution. That’s also the official position of the African Union (AU). However, the precarious, almost 50-50 Muslim-Christian population leaves the Nigerian government walking on eggshells in Israeli-Palestinian matters.
It is cautious not to offend the predominantly Muslim North and potentially spark deadly pro-Palestinian sectarian protests. It is also careful not to offend Christian sensibilities in the South, especially a growing evangelical population that considers itself a part of New Testament Israel.
Over the years, Nigeria has cooled from a radical supporter of liberation struggles on the continent and elsewhere to a somewhat insular patron. It has been subdued by its internal problems of insecurity and economic hardship.
It’s not certain how the Nigerian government would respond to Israel’s current two-pronged war in pursuit of Hamas and Hezbollah, with Iran in the mix. But an escalation might, among other things, affect oil prices, Nigeria’s mainstay, and complicate the already fraught domestic petrol product market.
Experts have said a repeat of the oil market chaos caused by the Middle East crisis of 1973-74 is unlikely. However, with a far larger population and a barely competitive economy, today’s Nigeria is far from the conditions that made it benefit from the Middle East chaos five decades ago.
More migration headache
Yet, the price Africa is paying is beyond the reading of its vital economic signs. Of the thousands caught up in Lebanon, the new epicentre of the conflict, many are African migrant workers. Following the escalation of the conflict, the Kenyan government has asked approximately 26,000 nationals in Lebanon to get help if they need to evacuate.
The governments of Ethiopia (another African country with a significant migrant population in Lebanon), Uganda, Nigeria and South Africa are watching closely in a phase that may worsen the already complicated global migration and humanitarian crisis.
What started as the hunt for the last Hamas a year ago has grown into the pursuit of the last Hezbollah, and now, it seems, to their last supporters as well. However, as I wrote in a previous article, history teaches that war against an idea is unwinnable. Israel’s existence is proof enough if Netanyahu and the remnant hardliners in his cabinet cared to learn.
Untested leverage
Unlike in the 1970s, when few African countries had diplomatic ties with Israel, the country’s footprint on the continent has grown to the point where 44 of 54 countries have recognised Israel’s statehood.
It’s fair to argue that Netanyahu only listens to Netanyahu. Yet, for whatever it is worth, the continent does not have to wait to pay a much higher price for this war before closing ranks and leveraging its closer ties to pressure Israel to accept a ceasefire. Except, of course, if the closer relationship means nothing.
[PRESS RELEASE] NOA Deplores Reports Insinuating It Must Give Permission for Use of National Anthem
The National Orientation Agency (NOA) has dismissed as untrue reports insinuating that the Agency must give permision to citizens before they can use the National Anthem.
The correct submissions of NOA's Director-General, Mallam Lanre Issa-Onilu, during an interview with Radio Kwara is that the Agency as the custodian of national symbols, will issue correct melodies of the National Anthem. He also advocated that those who produce national flags or use them for commercial advertisement purposes should obtain the correct versions from NOA.
As a matter of fact, all state offices of the Agency are currently undertaking programmes aimed at enlightening Nigerians on the lyrics of the reintroduced National Anthem.
For the avoidance of doubt, the new approvals given by the Federal Executive Council (FEC) prescribe that the first stanza of the National Anthem will be sung at all official government programmes, while the entire three stanzas will be used only at special events such as the Democracy Day, opening of parliament et cetera. The third stanza has been designated as national prayer.
In line with this mandate, NOA has released the correct and authentic lyrics of the National Anthem, reintroducing it as part of its initiative to promote the new National Anthem Act signed by the President.
The correct lyrics of the National Anthem are as follows:
Stanza 1
Nigeria, we hail thee
Our own dear native land
Though tribes and tongues may differ
In brotherhood, we stand
Nigerians all, are proud to serve
Our sovereign Motherland.
Stanza 2
Our flag shall be a symbol
That truth and justice reign
In peace or battle, honour’d,
And this we count as gain,
To hand on to our children
A banner without stain.
Stanza 3
O God of all creation
Grant this our one request.
Help us to build a nation
Where no man is oppressed
And so with peace and plenty
Nigeria may be blessed.
NOA therefore calls on all citizens to ignore such misleading reports and freely use the National Anthem, and simultaneously respect and honour the national symbols, which embody our nation’s aspirations and unity.
Paul Odenyi
Deputy Director Press
The National Orientation Agency
Date: Oct 9,2024
Lanre Issa-Onilu
[OPINION] Senator Akpabio, Ufot Ebong and the local government election - Etim Etim
I have seen the screenshot of the text messages that went between Senator Akpabio and the late Ufot Ebong in which Ebong, in his sick bed at Ibom Specialty Hospital, Uyo, acknowledged receipt of $35,000 from the Senate President. The money was meant to assist him seek medical care overseas, but, unfortunately, Ebong passed away before he could be flown abroad. Ebong had served in the Akpabio and Udom Emmanuel administrations. My condolences to the Ebong family and my commendations to the Senate President for his usual kindness. You may not like Akpabio for whatever reasons, but his generosity to his friends and kins is legendary. Ebong was his childhood friend. Around 1984, Ebong lived next door to my elder brother in Calabar, somewhere close to the airport, and that’s when I knew Ebong. During holidays (I was a student at UNN then), part of which I spent with my brother, I would go over to Ebong’s apartment where we spent hours playing scrabble. Akpabio, then a law student at UNICAL and an avid scrabble player, was always there. Ebong was jovial, witty and easy going. I reminded Ebong of those jolly days when I last spoke with him early this year and we laughed over it. I am saddened by his death.
I am also disturbed by the needless controversy surrounding Senator Akpabio’s $35,000 gift to Ebong. While some people claim that the money came too late, others blame Akpabio for releasing the screenshot of their chats in which Ebong thanked Akpabio for his help, for purpose of self-promotion. This controversy is not necessary. Akpabio is a giver and he also loves to be appreciated for it. It is his nature. I know of a few other instances in which the Senate President has extended help to our brothers and sisters in their dire times of need. It is in his character and for that, I commend him.
I am also aware that Gov. Umo Eno met with the PDP stakeholders from Essien Udim LGA yesterday (Wednesday, October 9) at Government House. The Essien Udim delegation was led by the 106-year-old Chief Afangide. Other PDP leaders from other LGAs were also present. The main thrust of the meeting was the Saturday council elections and the controversy that followed the victory of the APC candidate in that LGA. The governor, I understand, appealed to the PDP members from Essien Udim to get over their pain and accept the loss as part of the political process. He gave them assurances and hope that a loss of a local government was not capable of destabilizing the party and promised to make it up to them in several ways. ‘’We can live together and work with our new chairman in peace and harmony’’, he reportedly told the delegation.
The governor did well in meeting with the Essien Udim stakeholders who have been grieving over the loss. I still insist that it was very nice of the governor to allow the APC victory in Essien Udim. In Ika LGA from where Minister Ekperikpe Ekpo hails, APC also won one or two councilor seats.
The position of the Senate President is of immense strategic and political significance, and we are blessed that one of us is on the seat. Irrespective of our political differences, Akwa Ibom people and the state government have a responsibility to rally around Senator Akpabio and give him the political and moral home-front support. The South West region of APC met over the weekend in Lagos and voted to unanimously support President Tinubu in the face of mounting criticisms over his economic policies. For the same reason, Akwa Ibom should come together and support their own.
At the same time, Senator Akpabio is expected to reciprocate the governor’s good nature and the warmth of the people and bring home democracy dividends. I have written about, and thanked Senator Akpabio, for the forthcoming South-South Development Commission which should be headquartered in Uyo. We need more. What can the Senate President do to actualize Ibom Deep Sea Port? What of all the dilapidated federal roads leading into the state? What of the request for a new army battalion to be sited in Oron which the governor presented to the military authorities in August? Can our Senate President help here?
On a personal level, much is also expected from the Senate President. He should settle his political differences with many APC leaders in the state. Gov. Umo Eno has shown that it is possible and beneficial to go beyond partisan differences and live in peace and mutual respect with one another. Similarly, I beseech Senator Akpabio to reach out to Umana Umana; Atuekong Etiebet; Nsima Ekere; Senator John Akpan Udoedehe; Group Captain Sam Enwang (rtd) and a host of others and make peace with them. It doesn’t speak well of him to have so many people – most of them Ibibio leaders – as foes. It doesn’t speak well of him to be receiving warmth and respect from the governor and the people of the state; and yet he doesn’t seem to be capable of extending such to others. Our Lord Jesus Christ preached against it. may this last quarter of the year bring us peace, joy and harmony.
Edo 2024: APC thugs assault PDP lawyers, forensic experts, others at INEC office
A team of Peoples Democratic Party (PDP) lawyers and forensic experts were, on Wednesday, attacked and assaulted at the office of the Independent National Electoral Commission (INEC) in Edo State by thugs suspected to be members of the All Progressive Congress (APC).
The thugs are alleged to be operating in connivance with officials of INEC and operatives of the Nigerian Police Force who were seen providing security for the APC thugs and members.
The team of PDP lawyers and forensic experts are at the INEC Office to inspect the BVAS machine, voters register, ballot papers, and other election materials used by the electoral body for the September 21 gubernatorial election to flesh up the party’s petition against the alleged rigging of the governorship poll.
The inspection of election materials is one of the prerequisites in challenging any electoral result in Nigeria. The PDP and its lawyers were, however, prevented by INEC from inspecting the materials since Monday, despite presenting a court order.
The electoral body however bowed to pressure on Tuesday evening, announcing today, Wednesday, October 9, 2024 as the date for all parties to come for the inspection exercise.
The PDP who visited the INEC Office on Wednesday to carry out their duties met an already charged atmosphere with thugs linked to the APC intimidating and physically assaulting them, while security personnel, including officers from the Nigerian Police Force, failed to intervene.
Many sustained various degrees of injuries with their phones and other gadgets destroyed, while others scampered for safety.
Speaking to journalists, a forensic expert who spoke on the condition of anonymity said, “We are here to do our job following the directive of INEC for us to come for inspection of the materials used for the elections. However, when we got here, we met a huge crowd of thugs mobilized by the APC.
“They have been attacking, assaulting and harassing us. Some of the thugs got my phone and laptop and smashed it on the floor and many other of my colleagues were also injured in the process. Worst still, the police who are supposed to restore sanity and guarantee security just stood by watching while they unleashed havoc on innocent people who were going about their lawful businesses.”
[OPINION] Is there Justice for Workers in Nigeria? - Olusegun Adeniyi
The National Industrial Court of Nigeria (NICN) held its 2024/2025 Legal Year ceremony yesterday in Abuja. With a retired Justice of Supreme Court, Ejembi Eko as Chairman, I was the guest speaker. Below is a slightly abridged version of my presentation that speaks not only to labour justice and public interest but also the rule of law and the role of Judges in Nigeria.
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I consider it an honour and a privilege to stand before this august gathering as you celebrate the 2024/2025 Legal Year. I expect many of you may be wondering what qualifies me to be here and why a journalist is presenting a paper on labour justice and public interest. Perhaps I should let you in on a secret. I got the invitation for this assignment when I met an energetic man playing ping pong (table tennis) sometime last year. Had I not been introduced to the gentleman before I watched him toss the ball upward with his left hand and strike it fiercely with his right, it would have been difficult for me to believe that he was the Honourable Justice Benedict Kanyip, President of the National Industrial Court of Nigeria (NICN). Even though we exchanged contacts that day, I decided not to dwell too much on the promise because I thought it was one of those spur-of-the-moment decisions people make while in a jolly mood. But early this year, the honourable justice followed up with a call to remind me that I would indeed be the speaker at the 2024/2025 Legal Year ceremony. I cannot thank Justice Kanyip enough for the honour.
Let me also appreciate other Judges of this court. My understanding of the contributions of the NICN to labour jurisprudence in our country has been enriched in recent days. To prepare my paper, I spent considerable time at the Court’s library. And, as it is with most libraries in Nigeria, the environment could be better. But I was fortunate to encounter two dedicated library staff who painstakingly provided me access to relevant materials, including ‘Digest of Labour Cases in Nigeria (1960 to 2012)’ and ‘Digest of Judgements of National Industrial Court (1978 – 2006)’ edited by Oluwole Kehinde with foreword (to both books) written by a former President of this Court, Justice Babatunde Adejumo. These materials, and a few others I browsed through, catalogue hundreds of cases decided by this court to advance the course of justice for workers in Nigeria.
I have been asked to speak on labour justice and public interest. There could not have been a better time to interrogate this topic in Nigeria as both labour and government were recently locked in negotiating an appropriate national minimum wage—the lowest amount of salary that employers of labour, whether in the private or public sector, should earn in the country. After much drama, it is gratifying that the two parties were able to reach a consensus on the issue, despite the fact that the agreed amount cannot even buy a bag of rice in the market.
The situation of workers in Nigeria is further complicated by the fact that those in the informal sector are practically excluded from any form of labour justice. Today, the only avenue for redress for most is to appear on radio programmes. That is how Ahmed Isah, an activist and on-air personality who anchors ‘Brekete Family’ on Human Rights Radio Abuja, has become not only the ‘Ordinary President’ for the vulnerable of our society but also their ‘Chief Justice.’ Such is the flagrant violation of workers’ rights by all levels of government and the private sector that even foreign owned entities operating in Nigeria have been emboldened to treat our people with disrespect. In a clear breach of extant labour laws, many of these companies resort to unwholesome practices that deny their Nigerians workers job security and appropriate benefits. Even where there are statutory compensation provisions for work-related diseases, injuries, disabilities, or death, they are mostly observed in the breach. In several cases, affected workers or their next of kin receive little or no compensation for death or permanent injuries, including when they occurred while carrying out assigned duties.
The concept of Labour justice and public interest are interwoven. Any initiative that engenders fair treatment in the workplace impacts positively on societal wellbeing. Indeed, the United Nations (UN) has on many occasions highlighted the importance of access to justice which essentially means the right to have one’s cause heard before an impartial arbiter. The international reference point for the concept of labour justice, as we are all aware, is the International Labour Organization (ILO) which, in several instruments, enshrines the right of workers to access justice without encumbrance. This includes access to courts and other formal dispute resolution mechanisms in pursuit of effective remedy.
The parameters in any given jurisdiction to measure labour justice include fair wages, which indicates that workers are to be compensated by their employers in a manner commensurate with their output; safe working conditions that guarantee protection from foreseeable danger and defence of their inalienable right to organize protests and negotiate collectively. There are of course several others, including not being discriminated against on the basis of religion, race, gender, age etc. If these parameters encompass the principles and practices that ensure fair treatment and protection of workers in their employment context, it goes without saying that the aim of labour justice is to address power imbalances between employers and workers, and to promote the dignity of labour.
Unfortunately, despite a plethora of legislation and the fact that Nigeria is a signatory to numerous conventions that should guarantee access to justice for workers, the reality is quite different. This can be glimpsed from the way key aspects of labour justice are resolved in our country. Not necessarily to the satisfaction of workers. These include freedom from discrimination, the ability to engage in collective bargaining, modalities for addressing unfair dismissal, among others. This then brings me to the issue of specialized labour court which the NICN represents in Nigeria.
The evolution of industrial courts can be traced to 1806 in France, 1869 in Germany and 1919 in the United Kingdom. But it was not until 1976 that authorities in our country signed on to the idea with the NICN. Established to address labour justice in all its ramifications, the court became functional in 1978. In the early years, the NICN faced several challenges that affected its effectiveness and efficiency. But even when operational, the court provided no reprieve for aggrieved workers for decades as its judgments were unenforceable due to the lack of laws and procedures required of a Superior Court of record.
The problem started with the Supreme Court decision in the case between the National Union of Electricity Employers (N.U.E.E.) and Bureau of Public Enterprises (BPE). The apex court held that, despite the provisions of Decree 47, the NICN had neither exclusive nor coordinate jurisdiction with state high courts. The fact that the court was powerless for about 28 years of its operation was acknowledged on 5th May 2003 by the then NICN President, Justice Adejumo in a scathing remark. This was the way he put it: “The NICN remained practically moribund. The court sat only in Lagos for those years. It was clearly unknown and its decisions and pronouncements hardly respected.”
The constitutional amendment of 2011 assented to by President Goodluck Jonathan changed the narrative by altering sections 6 and 254 of the 1999 Constitution and including the NICN as a Superior Court of record with coordinate jurisdiction with High Courts. The amendment also expanded the jurisdiction of the court to handle human right cases emanating from the workplace. The court is also saddled with jurisdiction to resolve disputes between the Nigeria Labour Congress (NLC), Trade Union Congress (TUC) and government.
Before I continue with the issue of labour justice and public interest, let me make a general point about justice administration in Nigeria. It is important because the extent of justice available to workers in any given society is a function of the extent of rule of law available in that society. It is doubtful that citizens as workers can expect a higher degree of labour justice than what is available within the larger society. In her speech at the special session of the Supreme Court commemorating its new Legal Year and the induction of the latest set of Senior Advocates of Nigeria (SANs) on 30 September 2024, the Chief Justice of Nigeria, Honourable Justice Kudirat Kekere-Ekun emphasised that obedience to court orders will, under her watch, be “non-negotiable”. And that “No individual or institution, irrespective of their standing, will be permitted to treat the judgments of our courts with levity or disregard”.
This, indeed, is as it should be in a society governed by ‘rule of law’. But ‘rule of law’ is not the same as ‘rule of judges.’ According to worldjusticeproject.org, “The rule of law is a durable system of laws, institutions, norms and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice”. In contrast, ‘rule of judges’ denotes impunity towards the law by the very persons who ordinarily are invested with the functions and responsibilities of upholding ‘rule of law’. It is a situation in which a judge places himself/herself above the law or makes himself/herself the law rather than a servant of the law or shepherd of the ‘rule of law’. Regrettably, the loud and overpowering noise of the latter is becoming definitive of Nigeria’s judiciary in the perception of most people. Nothing gives better expression to that than the statement, “Go to Court” by conscious wrong-doers, often followed by “Go on appeal” by their hand-in-glove judges!
Aside the indiscipline of conflicting judgements, there is also the disgraceful issue of courts of coordinate jurisdiction nullifying one another since forum shopping has been institutionalised in Nigeria. In recent days, we have seen how the judiciary has been dragged into the power struggle between the godfather and his godson in Rivers State. If there is anything to take from what transpired before last Saturday’s local government election in the state, it is the willingness on the part of an alarmingly increasing number of judicial personnel to accept and play the role of hitmen for influential political actors as against serving the interest of the country and the public good. That should also be of serious concern to Justice Kekere-Ekun.
I still cannot fathom how any self-respecting Judge would grant an injunction, using subterfuge to restrain the police from performing their primary responsibility of restoring law and order during an election process. Unfortunately, it is such contrived court orders that the police are ever eager to obey most often against the public interest. (NOTE: After my presentation yesterday, Mr Nnamonso Ekanem, SAN, said I was wrong on the case of Rivers State, and that the Federal High Court Judge did not restrain the police. He asked me to go and read the Certified True Copy of the judgement. Ekanem was immediately countered by another SAN, Jibrin Samuel Okutepa, who said the Judge indeed restrained the Police in what he described as an affront on the law. Okutepa (who later sent me the CTC of the 45-page judgement) was unsparing of the antics of some judicial officers in the country. Interestingly, shortly before I left the court, a respected retired Jurist whispered to me that my position is indeed unassailable. The Judge not only restrained the police from carrying out their constitutional responsibility, according to the eminent jurist, but he also prevented the Independent National Electoral Commission from providing a voters register that would have aided the conduct of a credible local government election in the state).
Meanwhile, at the rate some Judges are going; they will soon be granting injunctions to spouses who seek to restrain their partners from performing matrimonial duties in ‘The Other Room’. Now that prominent politicians are openly describing judgments emanating from our courts as ‘Kangaroo judgement’, it is incumbent on the National Judicial Commission (NJC) to step in and deal with blatant deviant behaviour among its members. But let’s come back to the issue of labour justice and public interest.
The NICN may have been envisioned as a specialized superior court of record with the aim of having its divisions everywhere in Nigeria, but this vision, in my view, is yet to be achieved.From its website, the NICN currently has twenty-eight (28) divisions outside the Abuja division. This means that eight states are left without any division of the NICN. Regrettably, that includes my state, Kwara, where the presence of the court is no more than a Registry located at 13A Offa Road, Ilorin. This lack of national spread not only raises the issue of awareness and accessibility but also limits the court’s ability to serve all segments of the population effectively.
There is another issue that relates to a crisis of mission, though not of its own making. In creating the NICN in the mid-seventies, the military government at the period envisioned sustainable rapid industrialization of Nigeria which they reasonably believed would make industrial disputes inevitable. For instance, between 1975 and 1985, Nigeria experienced significant industrial growth driven by the oil boom and government-led initiatives aimed at diversifying the economy. This period saw the establishment and expansion of various manufacturing companies across different sectors, including food and beverage, textiles, cement, pharmaceuticals, and more.Unfortunately, that sector is now almost comatose.
I began from the premise that the NICN has done quite a bit to advance labour jurisprudence in Nigeria based on my rudimentary research. But, as attested to by Justice Adejumo, the work of the Court is not known to most Nigerians. Even lawyers are not particularly conversant with it, according to some legal experts. In his book, ‘Rocheba’s Labour Law Manual (with International Conventions of Occupational Health and Safety)’, Enobong Etteh who has edited several Nigeria Labour Law Reports alluded to this. “A good number of the lawyers that appear before the court (NICN) do not appreciate the law and practice of the court. And consequently, they carry on as if what obtains in the regular courts necessarily obtains in the NICN,” Etteh wrote. “This is far from being so as the NICN is a specialised court permitted to regulate its procedures and proceedings as it thinks fit, and is not bound by any rules of evidence, although it may inform itself on any matter in such manner as it thinks just.”
However, the biggest challenge to labour justice has come from the regular courts. Between 2010 and 2024, the NICN has had a number of its decisions overturned, particularly by the Court of Appeal and the Supreme Court. These reversals often stemmed from jurisdictional challenges, misinterpretation of labour laws, and procedural issues. I will highlight three of such notable cases and what they mean for labour justice in Nigeria. The first is the case between Skye Bank Plc (now Polaris Bank) and Victor Iwu. The NICN had ruled in favour of the claimant regarding wrongful termination of appointment. But the Supreme Court overturned the NICN decision and clarified that the Court of Appeal has the jurisdiction to hear all civil matters from the NICN, not just those related to fundamental rights.
Considering that there were already two conflicting judgements of the Court of Appeal regarding appealability of the NICN on the issue under reference, this ruling overturned the prevailing belief that decisions of the court were final except in cases involving human rights or criminal matters, thus opening the door for more NICN decisions to be appealed. There are implications for this decision. I know that this may not sound well to lawyers but I am of the view that the NICN should have both original jurisdiction and final say on some issues pertaining to workers. Especially those relating to compensation for injury or disease and wrongful dismissal. Allowing all cases instituted at the NICN to be subject to appeal may not bode well in a country like ours. While it is conceded that the right of appeal may encourage NICN judges to be careful about their decisions in cases before them, some unscrupulous employers could use the right of appeal as a punitive measure or a delay tactic.
The second case is that between Chevron Nigeria Ltd and Mr. Titus Oyegun. While the NICN ruled in favour of the employee in a wrongful termination claim, the Court of Appeal overturned the decision, arguing that the NICN overstepped its jurisdiction by addressing certain contractual matters that should have been handled by the High Court. I am of the opinion that the decision of the Court of Appeal upturning the decision of the NICN should be tested at the Supreme Court. I do not believe it is in the interest of labour justice to exclude contractual matters from the jurisdiction of the industrial court.
In the third case between Arik Air Ltd and Mr Gabriel Igbinigie, theNICN had ordered the reinstatement of the claimant and awarded compensation. The Court of Appeal overturned the decision on grounds that the NICN exceeded its jurisdiction by ordering reinstatement. This was based on the time hallowed labour principle that you cannot force a willing employee on an unwilling employer. I understand the point the appellate court is trying to make but I still do not believe the ruling will serve the end of labour justice. In such circumstances, I would prefer punitive damages and compensation for aggrieved workers as a deterrent to arbitrariness on the part of employers.
The next point I want to make may sound a little bit heavy but there is a perception among some stakeholders that the judges of the NICN tend to be biased, especially in favour of the government. That is understandable since the jurisdiction conferred on the NICN dictates that a good percentage of its cases will involve government as employers of labour. The challenge is that a labour court considered biased may be unhelpful to workers. I must, of course, state here that the allegation of being pro-government cannot be sustained by any credible evidence.
When the federal government secured an injunction restraining the Nigeria Labour Congress (NLC) from proceeding with its proposed nationwide strike last year, the Congress accused the court of a “continuous weaponisation of the instrument of Exparte injunction in favour of government.” According to the NLC President, Joe Ajaero, “that is against the interests of Nigerian workers.” However, it should be noted that in several instances, the government has also attacked the judgments of the court. I remember the former Governor of Kaduna State, Mallam Nasir El-Rufai saying that one of the biggest mistakes Nigeria made was to establish the NICN, citing instances when judgements were entered against the government in favour of workers. So, if neither the government nor the NLC appear comfortable with the NICN, then the court must be doing something right. However, while the perception of being pro-government may be baseless, it can undermine public confidence in the court’s impartiality and fairness.
Let me now come to the issue of jurisdiction. As the ILO has succinctly put it in their publication, ‘Overview of procedural for access to labour justice in judicial dispute resolution institutions’, access to labour justice should not only be viewed from the perspective of labour courts and the right to have a claim examined by an impartial judge. It should also encompass access to a fair procedural regulation which enables real conditions of equality before recuring to the judiciary. The emerging regime in labour justice globally is ensuring effective labour dispute prevention and resolution, in law and practice. That’s because the notion of access to labour justice, according to the ILO, “encompasses judicial and non-judicial mechanisms and institutions dealing with the prevention and resolution of individual and collective labour disputes.”
Here, I must commend the establishment of the Alternative Dispute Resolution (ADR) Centre of the NICN to resolve certain labour related disputes using the process of mediation and/or conciliation. Since an effective labour justice system accommodates other active players, the exclusive jurisdiction of the NICN as guaranteed by the Industrial Act and Constitution may be unhelpful. Exclusive jurisdiction doesn’t, in my view, enhance access to justice for workers. For instance, the history of the labour court in England shows how refusal by the major labour unions to appear before it ultimately led to the labour court ceding the majority of its powers to administrative tribunals.
Meanwhile, I find it disturbing that in conversations about labour justice in Nigeria, there is hardly any thought given to the informal sector. Yet, as of the first quarter of 2023, according to the National Bureau of Statistics (NBS) ‘Nigeria Labour Force Survey’, 92.6 per cent of workers in Nigeria were in informal employment. If you exclude agriculture from this sector, going by the survey, we still have 89.4 per cent of our people in informal employment. How can we exclude such a huge percentage of workers from access to justice and social protection and imagine we can develop our society? Take farmers for example. Because of their vocation, they are both employers and employees who feed the nation. Their incapacitation by reason of insecurity and natural disaster has resulted in nationwide shortages of foodstuffs, high cost of food crops and hunger in the land, impacting all Nigerians. Yet, they are excluded from any form of labour justice or social protection.
What the foregoing suggests is that in Nigeria today, labour justice is designed more for the formal sector. We need to redress this anomaly by the instrumentality of law and policies. Can there be a law mandating that at least 75% of the labour justice standard applicable to the formal sector also be made applicable to the informal sector? With that, we can address issues like unwritten contract agreements regarding wages, hours of work, and other indices of labour justice enjoyed by the formal sector. At present, there is no such law. These are some of the issues that should concern the National Assembly whose members seem obsessed with where and how Mr Bobrisky was sleeping when serving his jail term.
I am also aware of the principles of the Common Law of Contract that make some oral contractual agreements enforceable. So, may I ask: Will this court or any tribunal for that matter adjudicate on the hypothetical case of an office clerk whose employer refuses to pay him the meagre amount orally agreed by both parties, and then lays him off after working for 13 months? Will our court not be technically rigid by asking for a document evidencing labour agreement?
To enthrone labour justice, there is need for effective enforcement of labour laws. But it is important to also note that labour laws in Nigeria are complex and with outdated provisions that make their interpretation and application challenging. This complexity has often led to unpredictable judgments and uncertainty in labour relations and justice. There is therefore an urgent need to align these laws with current realities and international labour standards.
As I take my seat, let me briefly speak to the issue of compensation for injury or disease contracted at the workplace. Based on the duty of care to which workers are owed by their employers, the Employee Compensation Act of 2010 provides comprehensive compensation to those who sustain injury from accidents at the workplace. There is a brilliant disquisition of the Act by Mr Ajibola Olaosebikan, a lawyer. “Despite the existence of robust legal frameworks, several challenges persist in the realm of employee compensation in Nigeria. Enforcement of labor laws can be inconsistent, especially in smaller enterprises or informal sectors where oversight is limited” he wroteafter reviewing all the provisions in the Act. “This inconsistency sometimes leads to exploitation and unfair practices, such as inadequate wages or denial of benefits.”
Many countries have devised creative ways by which workers in the informal sector can access justice, especially when in distress and there is no reason why we should not learn from them. In Canada, for instance, they have the Workplace Safety and Insurance Board (WSIB), an independent trust agency operating under the Ministry of Labour for small businesses that employ staff like nannies, babysitters, gardeners, bar attendants etc. Regulated by the Workplace Safety and Insurance Act (WSIA), it is a collective liability insurance to which employers subscribe. It provides compensation to employees in the event of a workplace accident.
Finally, we must understand that public interest is served when workers are not only fairly treated but also economically empowered. But in a society where there is weak enforcement of labour laws to protect workers, it is easy for employers to evade legal responsibilities. That’s why and how most of the banks and oil sector companies now deploy graduates as casuals who are paid peanuts and deprived of the opportunity to become mainstream workers.
This is an issue that should be addressed by relevant stakeholders.
What the government, at all levels in Nigeria, must understand is that a system that ensures labour justice also fosters cohesion as addressing grievances in the workplace can prevent social unrest and promote harmony. To the extent that public interest is tied to ensuring a humane interpretation of socio-economic rights, relevant authorities must ensure that workers’ rights are respected, fair wages are paid, and safe working conditions provided. All of these are geared towards balancing the rights of workers with the economic and social well-being of society as a whole. Prioritizing labour justice, therefore, is a public interest imperative.
• You can follow me on my Twitter handle, @Olusegunverdict and on www.olusegunadeniyi.com